49 U.S.C. § 44709 — Amendments, modifications, suspensions, and revocations of certificates

(a) Reinspection and Reexamination. The FAA can reinspect a civil aircraft, engine, propeller, appliance, design organization, production certificate holder, air navigation facility, or air agency at any time. It can also reexamine an airman who holds a certificate. Before reexamining an airman, the FAA must first give the airman a detailed reason for the reexamination. It must also share any information it thinks is appropriate, like the scope and nature of the planned reexamination. (b) Actions of the Administrator. The FAA can issue an order to amend, modify, suspend, or revoke a certificate. It can do this to any part of a certificate if, after reinspecting, reexamining, or investigating, it decides that safety in air commerce and the public interest require it. It can also do this if the certificate holder broke an aircraft noise or sonic boom rule. The FAA must revoke an airman's certificate if that airman is convicted of violating a specific wildlife-protection law — section 13(a) of the Fish and Wildlife Act of 1956. (c) Advice to Certificate Holders and Opportunity To Answer. Before acting under (b), the FAA must tell the certificate holder the charges or reasons behind the proposed action. Except in an emergency, the FAA must give the holder a chance to answer the charges and explain why the certificate should not be changed. (d) Appeals. A person harmed by an FAA order under this section can appeal to the National Transportation Safety Board. After notice and a hearing, the Board can amend, modify, or reverse the order. If the order was issued because safety and the public interest required it, the Board can reverse it if it finds those interests don't actually require affirming the order. If the order was about noise or sonic boom rules, the Board can reverse it if it finds that noise control and public health don't require affirming the order, or that the order doesn't fit with aviation safety. The Board can also swap a suspension or revocation for a civil penalty instead. When holding a hearing, the Board doesn't have to accept the FAA's factual findings — it can decide the facts itself. (e) Effectiveness of Orders Pending Appeal. Normally, filing an appeal pauses (stays) the FAA's order. But if the FAA tells the Board there's an emergency and immediate action is needed for safety, the order takes effect right away. A person affected by that emergency order can ask the Board, under its own procedures, to review whether an emergency really exists — they must ask within 48 hours of receiving the order. If the Board decides no emergency exists that requires immediate action for safety, it will stay the order anyway. The Board must decide review requests within 5 days of filing. The Board must reach a final decision on any appeal within 60 days after it is filed. (f) Judicial Review. A person substantially affected by a Board order — or the FAA itself, if it decides a Board order will significantly hurt its work — can ask a court to review the order, under the procedures in section 46110. The FAA must be made a party to that court case. The Board's factual findings are treated as final if enough evidence supports them.