Page:United States Statutes at Large Volume 108 Part 2.djvu/475

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1191 (A) if the order was issued under subsection (b)(1)(A) of this section, that safety in air commerce or air transportation and the public interest do not require affirmation of the order; or (B) if the order was issued under subsection (b)(1)(B) of this section— (i) that control or abatement of aircraft noise or sonic boom and the public health and welfare do not require affirmation of the order; or (ii) the order, as it is related to a violation of aircraft noise or sonic boom standards and regulations, is not consistent with safety in air commerce or air transportation. (2) The Board may modify a suspension or revocation of a certificate to imposition of a civil penalty. (3) When conducting a hearing under this subsection, the Board is not bound by findings of fact of the Administrator but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law. (e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—When a person files an appeal with the Board under subsection (d) of the section, the order of the Administrator is stayed. However, if the Administrator advises the Board that sin emergency exists and safety in air commerce or air transportation requires the order to be effective immediately— (1) the order is effective; and (2) the Board shall make a final disposition of the appeal not later than 60 days after the Administrator so advises the Board. (f) JUDICIAL REVIEW.—^A person substantially affected by an order of the Board under this section, or the Administrator when the Administrator decides that an order of the Board under this section will have a significant adverse impact on carrying out this part, may obtain judicial review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence. §44710. Revocations of airman certiHcates for controlled substance violations (a) DEFINITION. —In this section, "controlled substance" has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802). (b) REVOCATION. — <1) The Administrator of the Federal Aviation Administration shall issue an order revoking an airman certificate issued an individual under section 44703 of this title after the individual is convicted, under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance), of an offense punishable by death or imprisonment for more than one year if the Administrator finds that— (A) an aircraft was used to commit, or facilitate the commission of, the offense; and

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