Title 49 — Transportation

Part A · Chapter 447 — Safety Regulation

§ 44702. Issuance of certificates

Statutory text

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—

be under oath when the Administrator requires; and

be in the form, contain information, and be filed and served in the way the Administrator prescribes.

Considerations.—

When issuing a certificate under this chapter, the Administrator shall—

consider—

the duty of an air carrier to provide service with the highest possible degree of safety in the public interest; and

differences between air transportation and other air commerce; and

classify a certificate according to the differences between air transportation and other air commerce.

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.

Delegation.—

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—

the examination, testing, and inspection necessary to issue a certificate under this chapter; and

issuing the certificate.

The Administrator may rescind a delegation under this subsection at any time for any reason the Administrator considers appropriate.

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.

With respect to a critical system design feature of a transport category airplane, the Administrator may not delegate any finding of compliance with applicable airworthiness standards or review of any system safety assessment required for the issuance of a certificate, including a type certificate, or amended or supplemental type certificate, under section 44704, until the Administrator has reviewed and validated any underlying assumptions related to human factors.

The requirement under subparagraph (A) shall not apply if the Administrator determines the matter involved is a routine task.

For purposes of subparagraph (A), the term critical system design feature includes any feature (including a novel or unusual design feature) for which the failure of such feature, either independently or in combination with other failures, could result in catastrophic or hazardous failure conditions, as those terms are defined by the Administrator.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1994
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 44702
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1186
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1186
Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
2003
Pub. L. 108–176 title II § 227(a) · 117 Stat. 2490
Inserted · 49 U.S.C. § 44702(a)
Pub. L. 108–176 inserted “design organization certificates,” after “airman certificates,” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 108–176 inserted “design organization certificates,” after “airman certificates,” in introductory provisions.
Enacted provision · exact public law section
(a) General Authority To Issue Certificates.— Effective on the last day of the 7-year period beginning on the date of enactment of this Act, section 44702(a) is amended by inserting “design organization certificates,” after “airman certificates,”.
Effective date note
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.
2020
Department of Commerce Appropriations Act, 2021
Pub. L. 116–260 div. V title I § 106 · 134 Stat. 1182
Added · 49 U.S.C. § 44702(d)(4)
Pub. L. 116–260 added par. (4)
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 116–260 added par. (4).
Enacted provision · exact public law section
Sec. 106. Nothing Child pornography. in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks.

3 of 3 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	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).

Editorial Notes

Amendments2003–2020 · 2 rounds

2020

Subsec. (d)(4). Pub. L. 116–260 added par. (4).

2003

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

Statutory Notes and Related Subsidiaries

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.”

Credits

1994–2020 · 3 acts

1994Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1186
2003Pub. L. 108–176, title II, § 227(a), Dec. 12, 2003, 117 Stat. 2531
2020Pub. L. 116–260, div. V, title I, § 106, Dec. 27, 2020, 134 Stat. 2320.

Show as published

(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; Pub. L. 116–260, div. V, title I, § 106, Dec. 27, 2020, 134 Stat. 2320.)