49 U.S.C. § 44709 | Amendments, modifications, suspensions, and revocations of certificates

(a)

Reinspection and Reexamination.—

(1)

In general .—

section 44703 of this titleThe Administrator of the Federal Aviation Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder, air navigation facility, or air agency, or reexamine an airman holding a certificate issued under .

(2)

Notification of reexamination of airman .—

Before taking any action to reexamine an airman under paragraph (1) the Administrator shall provide to the airman—

(A)

a reasonable basis, described in detail, for requesting the reexamination; and

(B)

any information gathered by the Federal Aviation Administration, that the Administrator determines is appropriate to provide, such as the scope and nature of the requested reexamination, that formed the basis for that justification.

(b)

Actions of the Administrator .—

The Administrator may issue an order amending, modifying, suspending, or revoking—

(1)

any part of a certificate issued under this chapter if—

(A)

the Administrator decides after conducting a reinspection, reexamination, or other investigation that safety in air commerce or air transportation and the public interest require that action; or

(B)

section 44715(a) of this title the holder of the certificate has violated an aircraft noise or sonic boom standard or regulation prescribed under ; and

(2)

16 U.S.C. 742j–1(a) an airman certificate when the holder of the certificate is convicted of violating section 13(a) of the Fish and Wildlife Act of 1956 ().

(c)

Advice to Certificate Holders and Opportunity To Answer .—

Before acting under subsection (b) of this section, the Administrator shall advise the holder of the certificate of the charges or other reasons on which the Administrator relies for the proposed action. Except in an emergency, the Administrator shall provide the holder an opportunity to answer the charges and be heard why the certificate should not be amended, modified, suspended, or revoked.

(d)

Appeals .—

(1)

A person adversely affected by an order of the Administrator under this section may appeal the order to the National Transportation Safety Board. After notice and an opportunity for a hearing, the Board may amend, modify, or reverse the order when the Board finds—

(A)

if the order was issued under subsection (b)(1)(A) of this section, that safety in air commerce or air transportation and the public interest do not require affirmation of the order; or

(B)

if the order was issued under subsection (b)(1)(B) of this section—

(i)

that control or abatement of aircraft noise or sonic boom and the public health and welfare do not require affirmation of the order; or

(ii)

the order, as it is related to a violation of aircraft noise or sonic boom standards and regulations, is not consistent with safety in air commerce or air transportation.

(2)

The Board may modify a suspension or revocation of a certificate to imposition of a civil penalty.

(3)

When conducting a hearing under this subsection, the Board is not bound by findings of fact of the Administrator.

(e)

Effectiveness of Orders Pending Appeal.—

(1)

In general .—

When a person files an appeal with the Board under subsection (d), the order of the Administrator is stayed.

(2)

Exception .—

Notwithstanding paragraph (1), the order of the Administrator is effective immediately if the Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the order to be effective immediately.

(3)

Review of emergency order .—

A person affected by the immediate effectiveness of the Administrator’s order under paragraph (2) may petition for a review by the Board, under procedures promulgated by the Board, of the Administrator’s determination that an emergency exists. Any such review shall be requested not later than 48 hours after the order is received by the person. If the Board finds that an emergency does not exist that requires the immediate application of the order in the interest of safety in air commerce or air transportation, the order shall be stayed, notwithstanding paragraph (2). The Board shall dispose of a review request under this paragraph not later than 5 days after the date on which the request is filed.

(4)

Final disposition .—

The Board shall make a final disposition of an appeal under subsection (d) not later than 60 days after the date on which the appeal is filed.

(f)

Judicial Review .—

section 46110 of this titleA person substantially affected by an order of the Board under this section, or the Administrator when the Administrator decides that an order of the Board under this section will have a significant adverse impact on carrying out this part, may obtain judicial review of the order under . The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.

Pub. L. 103–272, § 1(e)July 5, 1994108 Stat. 1190 Pub. L. 106–181, title VII, § 716Apr. 5, 2000114 Stat. 162 Pub. L. 108–176, title II, § 227(c)Dec. 12, 2003117 Stat. 2532 Pub. L. 112–153, § 2(c)(2)Aug. 3, 2012126 Stat. 1161 Pub. L. 115–254, div. B, title III, § 393(a)Oct. 5, 2018132 Stat. 3325(, , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44709(a)	49 App.:1429(a) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, § 609(a) (1st–7th sentences, 8th–last sentences less Administrator under title VII), 72 Stat. 779; Nov. 18, 1971, Pub. L. 92–159, § 2(a), 85 Stat. 481; Nov. 27, 1971, Pub. L. 92–174, § 6, 85 Stat. 492; Aug. 26, 1992, Pub. L. 102–345, § 3(a)(1), 106 Stat. 925.
	49 App.:1655(c)(1).	Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
44709(b)	49 App.:1429(a) (2d sentence).
	49 App.:1429(b).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 609(b); added Nov. 18, 1971, Pub. L. 92–159, § 2(a), 85 Stat. 481.
	49 App.:1431(e) (words before 4th comma).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 611(e); added July 21, 1968, Pub. L. 90–411, § 1, 82 Stat. 395; restated Oct. 27, 1972, Pub. L. 92–574, § 7(b), 86 Stat. 1241.
	49 App.:1655(c)(1).
44709(c)	49 App.:1429(a) (3d sentence).
	49 App.:1431(e) (words between 4th and 5th commas).
	49 App.:1655(c)(1).
44709(d)(1)	49 App.:1429(a) (4th sentence).
	49 App.:1431(e) (words after 4th comma).
44709(d)(2)	49 App.:1429(a) (6th sentence).
44709(d)(3)	49 App.:1429(a) (5th sentence).
	49 App.:1655(c)(1).
44709(e)	49 App.:1429(a) (7th sentence).
	49 App.:1655(c)(1).
44709(f)	49 App.:1429(a) (8th–last sentences less Administrator under subch. VII).
	49 App.:1655(c)(1).

Public Law 85–726 72 Stat. 779In this section, the word “Administrator” in section 609(a) of the Federal Aviation Act of 1958 (, ) is retained on authority of 49:106(g). The words “modifying”, “modify”, and “modified” are omitted as surplus.

section 44703 of this titleIn subsection (a), the words “airman holding a certificate issued under ” are substituted for “civil airman” for clarity.

In subsection (b)(1), before subclause (A), the words “certificate issued under this chapter” are substituted for “type certificate, production certificate, airworthiness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate (including airport operating certificate), or air agency certificate” to eliminate unnecessary words.

In subsection (b)(2), the words “in his discretion” and “regarding the use or operation of an aircraft” in 49 App.:1429(b) are omitted as surplus.

In subsection (c), the words “cases of” in 49 App.:1429(a) are omitted as surplus.

In subsection (d)(1), before clause (A), the word “adversely” is substituted for “whose certificate is” in 49 App.:1429(a), and the words “an opportunity for a” are added, for consistency in the revised title and with other titles of the United States Code. The words “of the FAA” in 49 App.:1431(e) are omitted as surplus.

In subsection (d)(2), the words “consistent with this subsection” are omitted as surplus.

In subsection (d)(3), the word “Administrator” is substituted for “Federal Aviation Administration” because of 49:106(b) and (g).

In subsection (e), before clause (1), the words “the effectiveness of” are omitted as surplus.

Editorial Notes

Amendments

Pub. L. 115–2542018—Subsec. (a). designated existing provisions as par. (1), inserted heading, and added par. (2).

Pub. L. 112–1532012—Subsec. (d)(3). struck out “but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law” after “Administrator”.

Pub. L. 108–1762003—Subsec. (a). inserted “design organization, production certificate holder,” after “appliance,”.

Pub. L. 106–1812000—Subsec. (e). amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “When a person files an appeal with the Board under subsection (d) of the section, the order of the Administrator is stayed. However, if the Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the order to be effective immediately—

“(1) the order is effective; and

“(2) the Board shall make a final disposition of the appeal not later than 60 days after the Administrator so advises the Board.”

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–176Sept. 30, 2003section 3 of Pub. L. 108–176 section 106 of this titleAmendment by applicable only to fiscal years beginning after , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 2000 Amendment

Pub. L. 106–181Sept. 30, 1999section 3 of Pub. L. 106–181 section 106 of this titleAmendment by applicable only to fiscal years beginning after , see , set out as a note under .

Risk Model for Production Facility Inspections

Pub. L. 118–63, title III, § 314May 16, 2024138 Stat. 1077

“(a)

In General .—

May 16, 2024Not later than 12 months after the date of enactment of this Act [], and periodically thereafter, the Administrator [of the Federal Aviation Administration] shall—

“(1)

conduct a review of the risk-based model used by certification management offices of the FAA [Federal Aviation Administration] to inform the frequency of aircraft manufacturing or production facility inspections; and

“(2)

update the model to ensure such model adequately accounts for risk at facilities during periods of increased production.

“(b)

Briefings .—

Not later than 60 days after the date on which the review is completed under subsection (a), the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on—

“(1)

the results of the review;

“(2)

any changes made to the risk-based model described in subsection (a); and

“(3)

how such changes would help improve the in-plant inspection process.”

, , , provided that: