Page:United States Statutes at Large Volume 108 Part 2.djvu/471

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1187 tion of the certificate, periodic or special examinations, and tests of physical fitness; (D) specify the capacity in which the holder of the certificate may serve as an airman with respect to an aircraft; and (E) designate the class the certificate covers. (2) A certificate issued to a pilot serving in scheduled air transportation shall have the designation "airline transport pilot" of the appropriate class. (c) APPEALS.—(1) An individual whose application for the issuance or renewal of an airman certificate has been denied may appeal the denial to the National Transportation Safety Board, except if the individual holds a certificate that— (A) is suspended at the time of denial; or (B) was revoked within one year from the date of the denial. (2) The Board shall conduct a hearing on the appeal at a place convenient to the place of residence or employment of the applicant. The Board is not bound by findings of fact of the Administrator of the Federal Aviation Administration but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law. At the end of the hearing, the Board shall decide whether the individual meets the applicable regulations and standards. The Administrator is bound by that decision. (d) RESTRICTIONS AND PROHIBITIONS.— The Administrator of the Federal Aviation Administration may— (1) restrict or prohibit issuing an airman certificate to an alien; or (2) make issuing the certificate to an alien dependent on a reciprocal agreement with the government of a foreign country. (e) CONTROLLED SUBSTANCE VIOLATIONS.— The Administrator of the Federal Aviation Administration may not issue an airman certificate to an individual whose certificate is revoked under section 44710 of this title except— (1) when the Administrator decides that issuing the certificate will facilitate law enforcement efforts; and (2) as provided in section 44710(e)(2) of this title. (f) MODIFICATIONS IN SYSTEM. —(1) The Administrator of the Federal Aviation Administration shall make modifications in the system for issuing airman certificates necessary to make the system more effective in serving the needs of pilots and officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). The modifications shall ensure positive and verifiable identification of each individual applying for or holding a certificate and shall address at least each of the following deficiencies in, and abuses of, the existing system: (A) the use of fictitious names and addresses by applicants for those certificates. (B) the use of stolen or fraudulent identification in applying for those certificates. (C) the use by an applicant of a post office box or "mail drop" as a return address to evade identification of the applicant's address.

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