42 U.S.C. § 7572: Enforcement of standards

Summary

The Secretary of Transportation must create rules, after consulting the Administrator, to make sure the emission standards set under section 7571 are followed. Those rules must apply when issuing, changing, suspending, or revoking any certificate under part A of subtitle VII of title 49 or the Department of Transportation Act. The Secretary must make sure required inspections happen and may use any other legal powers needed to carry out these duties. If a certificate is changed because of an alleged violation of an emission standard or these rules, the certificate holder gets the same notice and appeal rights given under part A of subtitle VII of title 49 or the Department of Transportation Act. If the matter is appealed to the National Transportation Safety Board, the Board may only change the Secretary’s order if it finds there was no violation and the change is consistent with safety in air transportation.

Title 42, §7572

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(a)Regulations to insure compliance with standards

The Secretary of Transportation, after consultation with the Administrator, shall prescribe regulations to insure compliance with all standards prescribed under section 7571 of this title by the Administrator. The regulations of the Secretary of Transportation shall include provisions making such standards applicable in the issuance, amendment, modification, suspension, or revocation of any certificate authorized by part A of subtitle VII of title 49 or the Department of Transportation Act. Such Secretary shall insure that all necessary inspections are accomplished, and, may execute any power or duty vested in him by any other provision of law in the execution of all powers and duties vested in him under this section.

(b)Notice and appeal rights

In any action to amend, modify, suspend, or revoke a certificate in which violation of an emission standard prescribed under section 7571 of this title or of a regulation prescribed under subsection (a) is at issue, the certificate holder shall have the same notice and appeal rights as are prescribed for such holders in part A of subtitle VII of title 49 or the Department of Transportation Act, except that in any appeal to the National Transportation Safety Board, the Board may amend, modify, or revoke the order of the Secretary of Transportation only if it finds no violation of such standard or regulation and that such amendment, modification, or revocation is consistent with safety in air transportation.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Department of Transportation Act, referred to in subsecs. (a) and (b), is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272,

July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, § 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49. Codification In subsecs. (a) and (b), “part A of subtitle VII of title 49” substituted for “the Federal Aviation Act [49 App. U.S.C. 1301 et seq.]” and “the Federal Aviation Act of 1958 [49 App. U.S.C. 1301 et seq.]” on authority of Pub. L. 103–272, § 6(b),

July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. Section was formerly classified to section 1857f–10 of this title.

§7572 Enforcement of Standards

Summary

Title 42, §7572

Notes & Related Subsidiaries

Editorial Notes

References in Text

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