
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC44702]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
                     CHAPTER 447--SAFETY REGULATION
 
Sec. 44702. Issuance of certificates

    (a) General Authority and Applications.--The Administrator of the 
Federal Aviation Administration may issue airman certificates, type 
certificates, production certificates, airworthiness certificates, air 
carrier operating certificates, airport operating certificates, air 
agency certificates, and air navigation facility certificates under this 
chapter. An application for a certificate must--
        (1) be under oath when the Administrator requires; and
        (2) be in the form, contain information, and be filed and served 
    in the way the Administrator prescribes.

    (b) Considerations.--When issuing a certificate under this chapter, 
the Administrator shall--
        (1) consider--
            (A) the duty of an air carrier to provide service with the 
        highest possible degree of safety in the public interest; and
            (B) differences between air transportation and other air 
        commerce; and

        (2) classify a certificate according to the differences between 
    air transportation and other air commerce.

    (c) Prior Certification.--The Administrator may authorize an 
aircraft, aircraft engine, propeller, or appliance for which a 
certificate has been issued authorizing the use of the aircraft, 
aircraft engine, propeller, or appliance in air transportation to be 
used in air commerce without another certificate being issued.
    (d) Delegation.--(1) Subject to regulations, supervision, and review 
the Administrator may prescribe, the Administrator may delegate to a 
qualified private person, or to an employee under the supervision of 
that person, a matter related to--
        (A) the examination, testing, and inspection necessary to issue 
    a certificate under this chapter; and
        (B) issuing the certificate.

    (2) The Administrator may rescind a delegation under this subsection 
at any time for any reason the Administrator considers appropriate.
    (3) A person affected by an action of a private person under this 
subsection may apply for reconsideration of the action by the 
Administrator. On the Administrator's own initiative, the Administrator 
may reconsider the action of a private person at any time. If the 
Administrator decides on reconsideration that the action is unreasonable 
or unwarranted, the Administrator shall change, modify, or reverse the 
action. If the Administrator decides the action is warranted, the 
Administrator shall affirm the action.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1186.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
44702(a)..............................  49 App.:1422(a) (1st-10th        Aug. 2
3, 1958, Pub. L. 85-726, Secs.
                                         words).                          314 (
less (a) (last sentence related
                                                                          to fe
es)), 601(b) (1st sentence
                                                                          relat
ed to issuing certificates, 2d
                                                                          sente
nce), 602(a) (1st-8th words),
                                                                          603(a
)(1), (b), (c) (as Sec.
                                                                          603(a
)(1), (b), (c) relate to issuing
                                                                          certi
ficates), 604(a) (related to
                                                                          issui
ng certificates), 606 (last
                                                                          sente
nce), 607 (last sentence), 608,
                                                                          72 St
at. 754, 775, 776, 777, 778, 779.
                                        49 App.:1423(a)(1), (b), (c)
                                         (as 49 App.:1423(a)(1), (b),
                                         (c) relate to issuing
                                         certificates).
                                        49 App.:1424(a) (related to
                                         issuing certificates).
                                        49 App.:1426 (last sentence).
                                        49 App.:1427 (last sentence).
                                        49 App.:1428.
                                        49 App.:1432(a) (related to      Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         issuing certificates).           731, 
Sec.  612(a) (related to issuing
                                                                          certi
ficates); added May 21, 1970,
                                                                          Pub. 
L. 91-258, Sec.  51(b)(1), 84
                                                                          Stat.
 234; restated Sept. 3, 1982,
                                                                          Pub. 
L. 97-248, Sec.  525(a), 96 Stat.
                                                                          697.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
44702(b)..............................  49 App.:1421(b) (1st sentence
                                         related to issuing
                                         certificates).
                                        49 App.:1655(c)(1).
44702(c)..............................  49 App.:1421(b) (2d sentence).
                                        49 App.:1655(c)(1).
44702(d)..............................  49 App.:1355 (less (a) (last
                                         sentence related to fees)).
                                        49 App.:1655(c)(1).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the word ``Administrator'' in sections 601(b), 
602(a), 603(a)(1), 604(a), 606 (last sentence), 607 (last sentence), and 
608 of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 
775, 776, 778, 779) is retained on authority of 49:106(g).
    In subsection (a), the reference to a type certificate and 
production certificate is added for clarity.
    In subsection (b)(1), before subclause (A), the word ``full'' is 
omitted as surplus. In clause (1)(A), the word ``provide'' is 
substituted for ``perform'' for consistency in the revised title.
    In subsection (d)(1), before clause (A), the words ``In exercising 
the powers and duties vested in him by this chapter'' and ``properly'' 
are omitted as surplus. The words ``or employees'' are omitted because 
of 1:1. The word ``matter'' is substituted for ``work, business, or 
function'' to eliminate unnecessary words. In clause (B), the words ``in 
accordance with standards established by him'' are omitted as surplus.
    In subsection (d)(2), the words ``made by him'' are omitted as 
surplus.
    In subsection (d)(3), the words ``exercising delegated authority'' 
and ``with respect to the authority granted under subsection (a) of this 
section'' are omitted as surplus. The words ``at any time'' are 
substituted for ``either before or after it has become effective'', and 
the words ``If the Administrator decides on reconsideration that the 
action is unreasonable or unwarranted'' are substituted for ``If, upon 
reconsideration by the Secretary of Transportation, it shall appear that 
the action in question is in any respect unjust or unwarranted'', to 
eliminate unnecessary words. The words ``the action'' are substituted 
for ``the same accordingly'', and the words ``If the Administrator 
decides the action is warranted, the Administrator shall affirm the 
action'' are substituted for ``otherwise, such action shall be 
affirmed'', for clarity. The text of 49 App.:1355(b) (proviso) is 
omitted as unnecessary because of 5:559 (last sentence).

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 44701, 44711, 45302, 
45304, 46310, 47531 of this title.
