[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 842 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 842

To provide for the immediate application of certain orders relating to 
the amendment, modification, suspension, or revocation of certificates 
           under chapter 447 of title 49, United States Code.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 1997

  Mr. Inhofe (for himself, Mr. Breaux, Mr. Craig, and Mr. Hutchinson) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To provide for the immediate application of certain orders relating to 
the amendment, modification, suspension, or revocation of certificates 
           under chapter 447 of title 49, United States Code.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENTS, MODIFICATIONS, SUSPENSIONS, AND REVOCATIONS OF 
              CERTIFICATES.

    Section 44709 of title 49, United States Code, is amended--
            (1) in subsection (e)--
                    (A) by striking ``When'' and inserting ``(1) Except 
                as provided in paragraph (2), if''; and
                    (B) by striking ``However, if'' and all that 
                follows through the end of the subsection and inserting 
                the following:
    ``(2) If the Administrator determines, in the order, that an 
emergency exists and safety in air commerce or air transportation 
requires the order to be effective immediately--
            ``(A) subject to subparagraph (B), the order shall be in 
        effect unless the Administrator is not able to prove to the 
        Board, upon an inquiry of the Board, the existence of an 
        emergency that requires the immediate application of the order 
        in the interest of safety in air commerce and air 
        transportation; and
            ``(B) the Board shall--
                    ``(i) not later than 5 days after the filing of an 
                appeal under paragraph (1), make a disposition 
                concerning the issues of the appeal that are related to 
                the existence of an emergency referred to in 
                subparagraph (A); and
                    ``(ii) not later than 60 days after the filing of 
                an appeal under paragraph (1), make a final disposition 
                of the appeal.
    ``(3) If the Administrator determines, in the order, the existence 
of an emergency described in paragraph (2)(A), the appellant may 
request a hearing by the Board on the issues of the appeal that are 
related to the existence of the emergency. Such request shall be made 
not later than 48 hours after the issuance of the order. If an 
appellant requests a hearing under this paragraph, the Board shall hold 
the hearing not later than 48 hours after receiving that request.''; 
and
            (2) in subsection (f), by inserting ``by further order'' 
        after ``the Administrator decides''.
                                 <all>