
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 716]
[CITE: 49USC44709]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
                     CHAPTER 447--SAFETY REGULATION
 
Sec. 44709. Amendments, modifications, suspensions, and 
        revocations of certificates
        
    (a) Reinspection and Reexamination.--The Administrator of the 
Federal Aviation Administration may reinspect at any time a civil 
aircraft, aircraft engine, propeller, appliance, air navigation 
facility, or air agency, or reexamine an airman holding a certificate 
issued under section 44703 of this title.
    (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) the holder of the certificate has violated an aircraft 
        noise or sonic boom standard or regulation prescribed under 
        section 44715(a) of this title; and

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

    (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 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.
    (e) Effectiveness of Orders Pending Appeal.--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.

    (f) Judicial Review.--A 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 section 46110 of this title. 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, Sec. 1(e), July 5, 1994, 108 Stat. 1190.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
44709(a)..............................  49 App.:1429(a) (1st sentence).  Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          609(a
) (1st-7th sentences, 8th-last
                                                                          sente
nces less Administrator under
                                                                          title
 VII), 72 Stat. 779; Nov. 18,
                                                                          1971,
 Pub. L. 92-159, Sec.  2(a), 85
                                                                          Stat.
 481; Nov. 27, 1971, Pub. L. 92-
                                                                          174, 
Sec.  6, 85 Stat. 492; Aug. 26,
                                                                          1992,
 Pub. L. 102-345, Sec.  3(a)(1),
                                                                          106 S
tat. 925.
                                        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.
44709(b)..............................  49 App.:1429(a) (2d sentence).
                                        49 App.:1429(b).                 Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  609(b); added Nov. 18,
                                                                          1971,
 Pub. L. 92-159, Sec.  2(a), 85
                                                                          Stat.
 481.
                                        49 App.:1431(e) (words before    Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         4th comma).                      731, 
Sec.  611(e); added July 21,
                                                                          1968,
 Pub. L. 90-411, Sec.  1, 82
                                                                          Stat.
 395; restated Oct. 27, 1972,
                                                                          Pub. 
L. 92-574, Sec.  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).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the word ``Administrator'' in section 609(a) of the 
Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 779) is 
retained on authority of 49:106(g). The words ``modifying'', ``modify'', 
and ``modified'' are omitted as surplus.
    In subsection (a), the words ``airman holding a certificate issued 
under section 44703 of this title'' 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 1133, 1153, 44701, 
44711, 45302, 46310, 47531 of this title; title 42 section 4911.
