49 USC § 44702 - Issuance of certificates | Title 49 - Transportation | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-9. (See Public Laws for the current Congress.)

(a) General Authority and Applications.— The Administrator of the Federal Aviation Administration may issue airman certificates, design organization 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.

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(a) General Authority and Applications.— The Administrator of the Federal Aviation Administration may issue airman certificates, design organization 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.

Source

(Pub. L. 103–272, § 1(e),July 5, 1994, 108 Stat. 1186; Pub. L. 108–176, title II, § 227(a),Dec. 12, 2003, 117 Stat. 2531.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44702(a)
49 App.:1422(a) (1st–10th words).
Aug. 23, 1958, Pub. L. 85–726, §§ 314 (less (a) (last sentence related to fees)), 601(b) (1st sentence related to issuing certificates, 2d sentence), 602(a) (1st–8th words), 603(a)(1), (b), (c) (as § 603(a)(1), (b), (c) relate to issuing certificates), 604(a) (related to issuing certificates), 606 (last sentence), 607 (last sentence), 608, 72 Stat. 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 issuing certificates).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 612(a) (related to issuing certificates); added May 21, 1970, Pub. L. 91–258, § 51(b)(1), 84 Stat. 234; restated Sept. 3, 1982, Pub. L. 97–248, § 525(a), 96 Stat. 697.
	49 App.:1655(c)(1).
Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 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).

Amendments

2003—Subsec. (a). Pub. L. 108–176inserted “design organization certificates,” after “airman certificates,” in introductory provisions.

Effective Date of 2003 Amendment

Pub. L. 108–176, title II, § 227(a),Dec. 12, 2003, 117 Stat. 2531, provided that the amendment made by section 227(a) is effective on the last day of the 7-year period beginning on Dec. 12, 2003.

Development of Analytical Tools and Certification Methods

Pub. L. 108–176, title VII, § 706,Dec. 12, 2003, 117 Stat. 2582, provided that: “The Federal Aviation Administration shall conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs for the certification of new products.”

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The most recent Classification Table update that we have noticed was Wednesday, May 29, 2013

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49 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

14 CFR - Title 14—Aeronautics and Space

14 CFR Part 11 - GENERAL RULEMAKING PROCEDURES

14 CFR Part 13 - INVESTIGATIVE AND ENFORCEMENT PROCEDURES

14 CFR Part 21 - CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

14 CFR Part 23 - AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC, AND COMMUTER CATEGORY AIRPLANES

14 CFR Part 25 - AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES

14 CFR Part 26 - CONTINUED AIRWORTHINESS AND SAFETY IMPROVEMENTS FOR TRANSPORT CATEGORY AIRPLANES

14 CFR Part 27 - AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT

14 CFR Part 29 - AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT

14 CFR Part 31 - AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS

14 CFR Part 33 - AIRWORTHINESS STANDARDS: AIRCRAFT ENGINES

14 CFR Part 34 - FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES

14 CFR Part 35 - AIRWORTHINESS STANDARDS: PROPELLERS

14 CFR Part 36 - NOISE STANDARDS: AIRCRAFT TYPE AND AIRWORTHINESS CERTIFICATION

14 CFR Part 61 - CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS

14 CFR Part 63 - CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

14 CFR Part 65 - CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

14 CFR Part 67 - MEDICAL STANDARDS AND CERTIFICATION

14 CFR Part 101 - MOORED BALLOONS, KITES, AMATEUR ROCKETS AND UNMANNED FREE BALLOONS

14 CFR Part 105 - PARACHUTE OPERATIONS

14 CFR Part 119 - CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

14 CFR Part 120 - DRUG AND ALCOHOL TESTING PROGRAM

14 CFR Part 121 - OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS

14 CFR Part 125 - CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

14 CFR Part 129 - OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE

14 CFR Part 133 - ROTORCRAFT EXTERNAL-LOAD OPERATIONS

14 CFR Part 135 - OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

14 CFR Part 136 - COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT

14 CFR Part 137 - AGRICULTURAL AIRCRAFT OPERATIONS

14 CFR Part 139 - CERTIFICATION OF AIRPORTS

14 CFR Part 141 - PILOT SCHOOLS

14 CFR Part 142 - TRAINING CENTERS

14 CFR Part 145 - REPAIR STATIONS

14 CFR Part 147 - AVIATION MAINTENANCE TECHNICIAN SCHOOLS

14 CFR Part 170 - ESTABLISHMENT AND DISCONTINUANCE CRITERIA FOR AIR TRAFFIC CONTROL SERVICES AND NAVIGATIONAL FACILITIES

14 CFR Part 171 - NON-FEDERAL NAVIGATION FACILITIES

14 CFR Part 183 - REPRESENTATIVES OF THE ADMINISTRATOR

14 CFR Part 187 - FEES

49 CFR - Title 49—Transportation

49 CFR Part 821 - RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS

49 USC § 44702 - Issuance of certificates

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