49 USC 44733 - Oversight of repair stations located outside the United States

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (d)(2), is the date of enactment of Puspan. L. 112–95, which was approved Fespan. 14, 2012.

The date of enactment of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (f)(1), is the date of enactment of Puspan. L. 114–190, which was approved July 15, 2016.

The date of enactment of this subsection, referred to in subsec. (i), is the date of enactment of Puspan. L. 118–63, which was approved May 16, 2024.

Amendments

2024—Puspan. L. 118–63, § 302(a)(1)(A), substituted “Oversight” for “Inspection” in section catchline.

Subsec. (a). Puspan. L. 118–63, § 302(a)(1)(B), substituted “The Administrator” for “Not later than 1 year after the date of enactment of this section, the Administrator” in introductory provisions.

Subsec. (a)(3). Puspan. L. 118–63, § 302(a)(2)(B), substituted “part 145 repair stations” for “covered part 145 repair stations”.

Subsec. (e). Puspan. L. 118–63, § 302(a)(1)(C), inserted “, without prior notice to such repair stations,” after “annually” and “and the applicable laws of the country in which the repair station is located” after “international agreements” and substituted “The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified risks and in a manner consistent with United States obligations under international agreements and the applicable laws of the country in which the part 145 repair station is located.” for “The Administrator may carry out inspections in addition to the annual inspection required under this subsection based on identified risks.”

Subsecs. (g) to (i). Puspan. L. 118–63, § 302(a)(1)(E), added subsecs. (g) to (i). Former subsec. (g) redesignated (j).

Subsec. (j). Puspan. L. 118–63, § 302(a)(1)(D), redesignated subsec. (g) as (j).

Subsec. (j)(1). Puspan. L. 118–63, § 302(a)(2)(A)(iii), added par. (1). Former par. (1) redesignated (2).

Puspan. L. 118–63, § 302(a)(2)(A)(i), substituted “aircraft (including on-wing aircraft engines)” for “aircraft”.

Subsec. (j)(2) to (4). Puspan. L. 118–63, § 302(a)(2)(A)(ii), redesignated pars. (1) to (3) as (2) to (4), respectively.

2016—Subsec. (f). Puspan. L. 114–190, § 2112(a)(2), added subsec. (f). Former subsec. (f) redesignated (g).

Subsec. (g). Puspan. L. 114–190, § 2112(a)(3), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.

Puspan. L. 114–190, § 2112(a)(1), redesignated subsec. (f) as (g).

Statutory Notes and Related Subsidiaries

Rulemaking on Security Threat Assessment

Puspan. L. 118–63, title III, § 302(span)(2), (3), May 16, 2024, 138 Stat. 1069, provided that:

“(2)Rulemaking on assessment requirement.—With respect to any employee not covered under the requirements of section 1554.101 of title 49, Code of Federal Regulations, the Administrator [of the Federal Aviation Administration] shall initiate a rulemaking (or request that the head of another Federal agency initiate a rulemaking) that requires a covered repair station to confirm that any such employee has successfully completed an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title.

“(3)Definition of covered repair station.—For purposes of this subsection, the term ‘covered repair station’ means a facility that—

“(A) is located outside the United States;

“(B) is certificated under part 145 of title 14, Code of Federal Regulations; and

“(C) performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.”

Alcohol and Controlled Substances Testing

Puspan. L. 118–63, title III, § 302(span)(1), May 16, 2024, 138 Stat. 1069, provided that: “Not later than 18 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue a final rule carrying out the requirements of section 2112(span) of the FAA Extension, Safety, and Security Act of 2016 [Puspan. L. 114–190] (49 U.S.C. 44733 note).”

Puspan. L. 114–190, title II, § 2112(span), July 15, 2016, 130 Stat. 628, provided that: “The Administrator of the Federal Aviation Administration shall ensure that—

“(1) not later than 90 days after the date of enactment of this Act [July 15, 2016], a notice of proposed rulemaking required pursuant to section 44733(d)(2) is published in the Federal Register; and

“(2) not later than 1 year after the date on which the notice of proposed rulemaking is published in the Federal Register, the rulemaking is finalized.”

Background Investigations

Puspan. L. 114–190, title II, § 2112(c), July 15, 2016, 130 Stat. 628, provided that: “Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator shall ensure that each employee of a repair station certificated under part 145 of title 14, Code of Federal Regulations, who performs a safety-sensitive function on an air carrier aircraft has undergone a pre-employment background investigation sufficient to determine whether the individual presents a threat to aviation safety, in a manner that is—

“(1) determined acceptable by the Administrator;

“(2) consistent with the applicable laws of the country in which the repair station is located; and

“(3) consistent with the United States obligations under international agreements.”