FAA规章 美国联邦航空规章 Federal Aviation Regulations 1(37)

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(a) Under section609 oftheFederalAviationAct of1958(49U.S.C. 1429),theAd-ministrator may reinspect any civil aircraft, aircraft engine, propeller, appliance, air navigation facility, or air agency, and may re-examine any civil airman. Under section 501(e) of the FA Act, any Certi.cate of Aircraft Registration may be sus-pended or revoked by the Administrator for any cause that renders the aircraft ineligible for registration.
(b)
If, as a result of such a reinspection re-examination, or other investigation made by the Administrator under section 609 of the FA Act, the Administrator determines that the public interest and safety in air commerce requires it, the Administra-tor may issue an order amending, suspending, or revoking, all or part of any type certi.cate, production certi.cate, airworthiness certi.cate, airman certi.cate, air carrier operating certi.cate, air navigation facility certi.cate, or air agency certi.-cate.This authority may be exercisedfor remedialpurposesin casesinvolving the Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq.) or regulations issued under that Act. This authority is also exercised by the Chief Counsel, the Assistant Chief Counsel, Enforcement, the Assistant Chief Counsel, Regulations, the Assistant Chief Counsel, Europe, Africa, and Middle East Area O.ce, each RegionalCounsel,and theAeronauticalCenterCounsel.If theAdministrator .nds that any aircraft registered under Part 47 of this chapter is ineligible for registra-tion or if the holder of a Certi.cate of Aircraft Registration has refused or failed to submit AC Form 8050-73, as required by r47.51 of this chapter, the Adminis-trator issues an order suspending or revoking that certi.cate. This authority as to aircraftfoundineligiblefor registrationis alsoexercisedby eachRegionalCounsel, the AeronauticalCenterCounsel, and the AssistantChiefCounsel, Europe,Africa, and Middle East Area O.ce.

(c)
Beforeissuing an order underparagraph(b) ofthis section,theChiefCounsel,the Assistant Chief Counsel, Enforcement, the Assistant Chief Counsel, Regulations, the Assistant Chief Counsel, Europe, Africa, and Middle East Area O.ce, each RegionalCounsel, or theAeronauticalCenterCounsel advises the certi.cateholder of the charges or other reasons upon which the Administrator bases the proposed action and, except in an emergency, allows the holder to answer any charges and to be heard as to why the certi.cate should not be amended, suspended, or revoked. The holder may, by checking the appropriate box on the form that is sent to the holder with the notice of proposed certi.cate action, elect to –

(1)
Admit the charges and surrender his or her certi.cate;

(2)
Answer the charges in writing;

(3)
Request that an order be issued in accordance with the notice of proposed certi.cate action so that the certi.cate holder may appeal to the National Transportation Safety Board, if the charges concerning a matter under Title VI oftheFAAct;

(4)
Request an opportunity to be heard in an informal conference with the FAA counsel; or

(5)
Request a hearing in accordance with Subpart D of this part if the charges concern a matter underTitleV oftheFAAct.Except asprovidedin r13.35(b), unless the certi.cate holder returns the form and, where required, an answer or motion, with apostmark of notlaterthan15days afterthedate of receipt of the notice,the order of theAdministratorisissued asproposed.If the cer-ti.cateholderhas requested aninformal conference with theFAA counsel and the charges concern a matter under Title V of the FA Act, the holder may afterthatconferencealsorequest aformalhearinginwriting with apostmark of not later than 10 days after the close of the conference. After considering any information submitted by the certi.cate holder, the Chief Counsel, the AssistantChiefCounselforRegulations andEnforcement, theRegionalCoun-sel concerned, ortheAeronauticalCenterCounsel(asto matters underTitle

 

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Elodie Roux. Septembre 2003
　
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