§ 46105. Regulations and orders
738 words·~3 min read·
/usc/title-49/section-46105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Effectiveness of Orders.— 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 The regulation or order remains in effect under its own terms or until superseded.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.
(b)Contents and Service of Orders.— 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.
(c)Emergencies.— 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.
(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.)
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.
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7 references not yet in our index
- Pub. L. 103–272, § 1(e)
- 108 Stat. 1228
- Pub. L. 107–71, title I, § 140(b)(1)
- 115 Stat. 641
- 132 Stat. 3642
- Pub. L. 107–71, § 140(b)(1)
- Pub. L. 107–71, § 140(b)(2)
Citation graph
cites case law
§ 46105
Regulations and orders
Fed. Reg.×112
C.F.R.×2
U.S.C.×1
Pub. L.Pub. L. 103–272, § 1(e)
Stat.108 Stat. 1228
Pub. L.Pub. L. 107–71, title I, § 140(b)(1)
Stat.115 Stat. 641
Stat.132 Stat. 3642
Cites 8 · showing 6Cited by 115 across 3 sources