
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC44713]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
                     CHAPTER 447--SAFETY REGULATION
 
Sec. 44713. Inspection and maintenance

    (a) General Equipment Requirements.--An air carrier shall make, or 
cause to be made, any inspection, repair, or maintenance of equipment 
used in air transportation as required by this part or regulations 
prescribed or orders issued by the Administrator of the Federal Aviation 
Administration under this part. A person operating, inspecting, 
repairing, or maintaining the equipment shall comply with those 
requirements, regulations, and orders.
    (b) Duties of Inspectors.--The Administrator of the Federal Aviation 
Administration shall employ inspectors who shall--
        (1) inspect aircraft, aircraft engines, propellers, and 
    appliances designed for use in air transportation, during 
    manufacture and when in use by an air carrier in air transportation, 
    to enable the Administrator to decide whether the aircraft, aircraft 
    engines, propellers, or appliances are in safe condition and 
    maintained properly; and
        (2) advise and cooperate with the air carrier during that 
    inspection and maintenance.

    (c) Unsafe Aircraft, Engines, Propellers, and Appliances.--When an 
inspector decides that an aircraft, aircraft engine, propeller, or 
appliance is not in condition for safe operation, the inspector shall 
notify the air carrier in the form and way prescribed by the 
Administrator of the Federal Aviation Administration. For 5 days after 
the carrier is notified, the aircraft, engine, propeller, or appliance 
may not be used in air transportation or in a way that endangers air 
transportation unless the Administrator or the inspector decides the 
aircraft, engine, propeller, or appliance is in condition for safe 
operation.
    (d) Modifications in System.--(1) The Administrator of the Federal 
Aviation Administration shall make modifications in the system for 
processing forms for major repairs or alterations to fuel tanks and fuel 
systems of aircraft not used to provide air transportation that are 
necessary to make the system more effective in serving the needs of 
users of the system, including officials responsible for enforcing laws 
related to the regulation of controlled substances (as defined in 
section 102 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 802)). The modifications shall address at least each 
of the following deficiencies in, and abuses of, the existing system:
        (A) the lack of a special identification feature to allow the 
    forms to be distinguished easily from other major repair and 
    alteration forms.
        (B) the excessive period of time required to receive the forms 
    at the Airmen and Aircraft Registry of the Administration.
        (C) the backlog of forms waiting for processing at the Registry.
        (D) the lack of ready access by law enforcement officials to 
    information contained on the forms.

    (2) The Administrator of the Federal Aviation Administration shall 
prescribe regulations to carry out paragraph (1) of this subsection and 
provide a written explanation of how the regulations address each of the 
deficiencies and abuses described in paragraph (1). In prescribing the 
regulations, the Administrator of the Federal Aviation Administration 
shall consult with the Administrator of Drug Enforcement, the 
Commissioner of Customs, other law enforcement officials of the United 
States Government, representatives of State and local law enforcement 
officials, representatives of the general aviation aircraft industry, 
representatives of users of general aviation aircraft, and other 
interested persons.
    (e) Automated Surveillance Targeting Systems.--
        (1) In general.--The Administrator shall give high priority to 
    developing and deploying a fully enhanced safety performance 
    analysis system that includes automated surveillance to assist the 
    Administrator in prioritizing and targeting surveillance and 
    inspection activities of the Federal Aviation Administration.
        (2) Deadlines for deployment.--
            (A) Initial phase.--The initial phase of the operational 
        deployment of the system developed under this subsection shall 
        begin not later than December 31, 1997.
            (B) Final phase.--The final phase of field deployment of the 
        system developed under this subsection shall begin not later 
        than December 31, 1999. By that date, all principal operations 
        and maintenance inspectors of the Administration, and 
        appropriate supervisors and analysts of the Administration shall 
        have been provided access to the necessary information and 
        resources to carry out the system.

        (3) Integration of information.--In developing the system under 
    this section, the Administration shall consider the near-term 
    integration of accident and incident data into the safety 
    performance analysis system under this subsection.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1194; Pub. L. 104-
264, title IV, Sec. 407(b), Oct. 9, 1996, 110 Stat. 3258.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
44713(a)..............................  49 App.:1425(a).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          605(a
), (b), 72 Stat. 778.
                                        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.
44713(b)..............................  49 App.:1425(b) (1st sentence).
                                        49 App.:1655(c)(1).
44713(c)..............................  49 App.:1425(b) (last
                                         sentence).
                                        49 App.:1655(c)(1).
44713(d)(1)...........................  49 App.:1303 (note).             Nov. 1
8, 1988, Pub. L. 100-690, Sec.
                                                                          7214,
 102 Stat. 4434.
                                        49 App.:1425(c).                 Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  605(c); added Nov. 18,
                                                                          1988,
 Pub. L. 100-690, Sec.  7206(a),
                                                                          102 S
tat. 4426.
44713(d)(2)...........................  49 App.:1401 (note).             Nov. 1
8, 1988, Pub. L. 100-690, Sec.
                                                                          7207(
a) (1st sentence), (b), 102 Stat.
                                                                          4427.
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a)-(c), the word ``Administrator'' in section 605(a) 
and (b) of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 
778) is retained on authority of 49:106(g).
    In subsection (a), the word ``overhaul'' is omitted as being 
included in ``repair''. The word ``prescribed'' is added for consistency 
in the revised title and with other titles of the United States Code. 
The words ``A person operating, inspecting, overhauling, or maintaining 
the equipment shall comply with those requirements, regulations, and 
orders'' are substituted for 49 App.:1425(a) (last sentence) to 
eliminate unnecessary words.
    In subsection (b), before clause (1), the words ``be charged with 
the duty . . . of'' are omitted as surplus. In clause (1), the words 
``in use'' are substituted for ``used by an air carrier in air 
transportation'' to eliminate unnecessary words. The words ``as may be 
necessary'' and ``for operation in air transportation'' are omitted as 
surplus.
    In subsection (c), the words ``in the performance of his duty'', 
``used or intended to be used by any air carrier in air 
transportation'', and ``a period of'' are omitted as surplus.
    In subsection (d)(1), before clause (A), the words ``not used to 
provide air transportation'' are substituted for section 7214 of the 
Anti-Drug Abuse Act of 1988 (Public Law 100-690, 102 Stat. 4434) because 
of the restatement.
    In subsection (d)(2), the words ``Not later than September 18, 
1989'' and ``final'' are omitted as obsolete. The words ``Administrator 
of Drug Enforcement'' are substituted for ``Drug Enforcement 
Administration of the Department of Justice'' because of section 5(a) of 
Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1092). 
The words ``Commissioner of Customs'' are substituted for ``United 
States Customs Service'' because of 19:2071.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-264 added subsec. (e).


                    Effective Date of 1996 Amendment

    Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and 
not to be construed as affecting funds made available for a fiscal year 
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as 
a note under section 106 of this title.

                  Section Referred to in Other Sections

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