49 U.S. Code § 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 Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary 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, Under 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 The regulation or order remains in effect under its own terms or until superseded.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, Under Secretary, or Administrator may amend, modify, or suspend an order in the way, and by giving the notice, the Secretary, Under Secretary, or Administrator decides.
(b) Contents and Service of Orders.— An order of the Secretary, Under 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.

Source

(Pub. L. 103–272, § 1(e),July 5, 1994, 108 Stat. 1228; Pub. L. 107–71, title I, § 140(b)(1), (2),Nov. 19, 2001, 115 Stat. 641.)

Historical and Revision Notes
Revised Section Source (U.S. Code) Source (Statutes at Large)
46105(a)
49 App.:1485(a) (words before 1st proviso), (d), (e).
Aug. 23, 1958, Pub. L. 85–726, § 1005(a), (d)–(f), 72 Stat. 794.
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.
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.
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).

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.
Amendments

2001—Subsec. (a). Pub. L. 107–71, § 140(b)(1), (2), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or” and substituted “, Under Secretary, or Administrator” for “or Administrator” wherever appearing.
Subsec. (b). Pub. L. 107–71, § 140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator”.
Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203 (2), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

49 USCDescription of ChangeSession YearPublic LawStatutes 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 - Aeronautics and Space

14 CFR Part 13 - INVESTIGATIVE AND ENFORCEMENT PROCEDURES

14 CFR Part 17 - PROCEDURES FOR PROTESTS AND CONTRACT DISPUTES

14 CFR Part 110 - GENERAL REQUIREMENTS

14 CFR Part 117 - FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS (EFF. 1-4-14)

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

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

14 CFR Part 200 - DEFINITIONS AND INSTRUCTIONS

14 CFR Part 300 - RULES OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER

14 CFR Part 302 - RULES OF PRACTICE IN PROCEEDINGS

14 CFR Part 305 - RULES OF PRACTICE IN INFORMAL NONPUBLIC INVESTIGATIONS

14 CFR Part 377 - CONTINUANCE OF EXPIRED AUTHORIZATIONS BY OPERATION OF LAW PENDING FINAL DETERMINATION OF APPLICATIONS FOR RENEWAL THEREOF

49 CFR - Transportation

49 CFR Part 1500 - APPLICABILITY, TERMS, AND ABBREVIATIONS

49 CFR Part 1502 - ORGANIZATION, FUNCTIONS, AND PROCEDURES

49 CFR Part 1503 - INVESTIGATIVE AND ENFORCEMENT PROCEDURES

49 CFR Part 1515 - APPEAL AND WAIVER PROCEDURES FOR SECURITY THREAT ASSESSMENTS FOR INDIVIDUALS

49 CFR Part 1520 - PROTECTION OF SENSITIVE SECURITY INFORMATION

49 CFR Part 1540 - CIVIL AVIATION SECURITY: GENERAL RULES

49 CFR Part 1542 - AIRPORT SECURITY

49 CFR Part 1544 - AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL OPERATORS

49 CFR Part 1546 - FOREIGN AIR CARRIER SECURITY

49 CFR Part 1548 - INDIRECT AIR CARRIER SECURITY

49 CFR Part 1549 - CERTIFIED CARGO SCREENING PROGRAM

49 CFR Part 1550 - AIRCRAFT SECURITY UNDER GENERAL OPERATING AND FLIGHT RULES

49 CFR Part 1570 - GENERAL RULES

49 CFR Part 1572 - CREDENTIALING AND SECURITY THREAT ASSESSMENTS

 

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