49 U.S.C. § 46105 — Regulations and orders
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 313 words · no verdicts yet
Regulations and orders from the Secretary of Transportation, TSA, or FAA take effect within a reasonable time and stay in effect until changed or replaced. Orders must state the facts they're based on and be served on affected parties. In an aviation safety emergency, the FAA Administrator can skip the normal notice-and-hearing process and issue emergency rules or orders right away, but must promptly start a full proceeding on the matter.
(a) When orders take effect. Except as otherwise provided, a regulation or order from the Secretary of Transportation (or the TSA Administrator for security matters, or the FAA Administrator for safety matters) takes effect within a reasonable time that official sets, and stays in effect on its own terms until replaced. The official may amend, modify, or suspend an order however, and with whatever notice, that official decides.
(b) Contents and service. An order must include the facts it's based on and must be served on the parties to the proceeding and anyone else affected by it.
(c) Emergencies. If the FAA Administrator believes an air-commerce safety emergency exists that needs immediate action, the Administrator may issue emergency regulations and orders right away — on the Administrator's own initiative or on complaint — with or without notice, skipping the normal procedural rules. The Administrator must immediately start a full proceeding on the emergency and give it priority handling when practical.
Except as provided in this part, a regulation prescribed or order issued by the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) takes effect within a reasonable time prescribed by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration. The regulation or order remains in effect under its own terms or until superseded. Except as provided in this part, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration may amend, modify, or suspend an order in the way, and by giving the notice, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration decides.
An order of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration 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.
When the Administrator of the Federal Aviation Administration 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 credit: (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; Pub. L. 115–254, div. K, title I, § 1991(f)(1)–(4), (7), Oct. 5, 2018, 132 Stat. 3642.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1228
- 2001Amended · Pub. L. 107-71 · 115 Stat. 641
- 2018Amended · Pub. L. 115-254 · 132 Stat. 3642
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
all 0 arguments · sorted by: best
no arguments yet — make the first case