§46105 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation, the TSA Administrator, and the FAA Administrator may issue rules and orders. They take effect in a reasonable time the official sets, unless this part says otherwise, and stay in effect until changed. Orders must state the facts they are based on and be given to people affected. If the FAA Administrator finds an immediate air safety emergency, they may act at once, with or without notice and without following this part or subchapter II of chapter 5 of title 5, and must start a proceeding immediately.

Title 49, §46105

Transportation — Source: USLM XML via OLRC

(a)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 The regulation or order remains in effect under its own terms or until superseded.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)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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.

Editorial Notes

Amendments

2018—Pub. L. 115–254, § 1991(f)(4), substituted “Administrator of the Transportation Security Administration,” for “Under Secretary,” wherever appearing. Pub. L. 115–254, § 1991(f)(2), substituted “or Administrator of the Federal Aviation Administration” for “or Administrator” wherever appearing. Subsec. (a). Pub. L. 115–254, § 1991(f)(3), substituted “by the Administrator of the Federal Aviation Administration)” for “by the Administrator)”. Pub. L. 115–254, § 1991(f)(1), substituted “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” for “Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary”. Subsec. (c). Pub. L. 115–254, § 1991(f)(7), substituted “When the Administrator of the Federal Aviation Administration” for “When the Administrator”. 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”.

§46105 Regulations and orders