
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 107-71 Section 140(b)(1)]
[Document affected by Public Law 107-71 Section 140(b)(2)]
[CITE: 49USC46105]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                  subpart iv--enforcement and penalties
 
               CHAPTER 461--INVESTIGATIONS AND PROCEEDINGS
 
Sec. 46105. Regulations and orders

    (a) Effectiveness of Orders.--Except as provided in this part, a 
regulation prescribed or order issued by the Secretary of Transportation 
(or the Administrator of the Federal Aviation Administration with 
respect to aviation safety duties and powers designated to be carried 
out by the Administrator) takes effect within a reasonable time 
prescribed by the Secretary or Administrator. The regulation or order 
remains in effect under its own terms or until superseded. Except as 
provided in this part, the Secretary or Administrator may amend, modify, 
or suspend an order in the way, and by giving the notice, the Secretary 
or Administrator decides.
    (b) Contents and Service of Orders.--An order of the Secretary or 
Administrator shall include the findings of fact on which the order is 
based and shall be served on the parties to the proceeding and the 
persons affected by the order.
    (c) Emergencies.--When the Administrator is of the opinion that an 
emergency exists related to safety in air commerce and requires 
immediate action, the Administrator, on the initiative of the 
Administrator or on complaint, may prescribe regulations and issue 
orders immediately to meet the emergency, with or without notice and 
without regard to this part and subchapter II of chapter 5 of title 5. 
The Administrator shall begin a proceeding immediately about an 
emergency under this subsection and give preference, when practicable, 
to the proceeding.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1228.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
46105(a)..............................  49 App.:1485(a) (words before    Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         1st proviso), (d), (e).          1005(
a), (d)-(f), 72 Stat. 794.
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
                                        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.
46105(b)..............................  49 App.:1485(f).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46105(c)..............................  49 App.:1485(a) (provisos).
                                        49 App.:1655(c)(1).
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---------------------------------

    In subsection (a), the words ``under its own terms or until 
superseded'' are substituted for ``until their further order, rule, or 
regulation, or for a specified period of time, as shall be prescribed in 
the order, rule, or regulation'' for clarity and to eliminate 
unnecessary words. The word ``amend'' is added for consistency in the 
revised title. The text of 49 App.:1485(e) is omitted as surplus.
    In subsection (c), the words ``without complaint'' and ``if he so 
orders'' are omitted as surplus. The words ``prescribe . . . issue'' are 
substituted for ``make'' for consistency in the revised title and with 
other titles of the United States Code. The words ``just and 
reasonable'' and ``as may be essential in the interest of safety in air 
commerce'' are omitted as surplus. The words ``without regard to this 
part and subchapter II of chapter 5 of title 5'' are substituted for 
``without answer or other form of pleading by the interested person or 
persons, and . . . hearing, or the making or filing of a report'' to 
eliminate unnecessary words. The words ``over all others under this 
chapter'' are omitted as surplus.
