49 U.S.C. § 44709 : US Code - Section 44709: Amendments, modifications, suspensions, and revocations of certificates

Search 49 U.S.C. § 44709 : US Code - Section 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, design
organization, production certificate holder, 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. -
(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. - 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.