Pub. L. 106-181, tit. VII, sec. 716
REVIEW PROCESS FOR EMERGENCY ORDERS.
SEC. 716. REVIEW PROCESS FOR EMERGENCY ORDERS. Section 44709(e) is amended to read as follows: “(e) Effectiveness of Orders Pending Appeal.— 114 STAT. 163 “(1) In general.—When a person files an appeal with the Board under subsection (d), the order of the Administrator is stayed. “(2) Exception.—Notwithstanding paragraph (1), the order of the Administrator is effective immediately if the Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the order to be effective immediately. “(3) Review of emergency order.—A person affected by the immediate effectiveness of the Administrator’s order under paragraph (2) may petition for a review by the Board, under procedures promulgated by the Board, of the Administrator’s determination that an emergency exists. Any such review shall be requested not later than 48 hours after the order is received by the person. If the Board finds that an emergency does not exist that requires the immediate application of the order in the interest of safety in air commerce or air transportation, the order shall be stayed, notwithstanding paragraph (2). The Board shall dispose of a review request under this paragraph not later than 5 days after the date on which the request is filed. “(4) Final disposition.—The Board shall make a final disposition of an appeal under subsection (d) not later than 60 days after the date on which the appeal is filed.”.