George Conway Retweeted
Contrary to many headlines and ledes, Trump didn't "ground" the 737's--something he lacks the legal authority to do. It was done by the (Acting) FAA Commissioner, pursuant to his authority under 49 USC 46105(c).
https://www.faa.gov/news/updates/media/Emergency_Order.pdf …
To my surprise, in the
e-CFR, FAA regulations are not in Title 49 - Transportation. They are in Title 14 - Aeronautics and Space.
The (Acting) FAA Commissioner's authority comes right outta the
U.S. Code:
LII U.S. Code Title 49. TRANSPORTATION Subtitle VII. AVIATION PROGRAMS Part A. AIR COMMERCE AND SAFETY Subpart iv. enforcement and penalties Chapter 461. INVESTIGATIONS AND PROCEEDINGS Section 46105. Regulations and orders
49 U.S. Code § 46105. Regulations and orders
(a)Effectiveness of Orders.—
Except as provided in this part, a regulation prescribed or order issued by the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) takes effect within a reasonable time prescribed by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration. The regulation or order remains in effect under its own terms or until superseded. Except as provided in this part, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration may amend, modify, or suspend an order in the way, and by giving the notice, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration decides.
(b)Contents and Service of Orders.—
An order of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall include the findings of fact on which the order is based and shall be served on the parties to the proceeding and the persons affected by the order.
(c)Emergencies.—
When the Administrator of the Federal Aviation Administration is of the opinion that an emergency exists related to safety in air commerce and requires immediate action, the Administrator, on the initiative of the Administrator or on complaint, may prescribe regulations and issue orders immediately to meet the emergency, with or without notice and without regard to this part and subchapter II of
chapter 5 of title 5. The Administrator shall begin a proceeding immediately about an emergency under this subsection and give preference, when practicable, to the proceeding.
(
Pub. L. 103–272, § 1(e), July 5, 1994,
108 Stat. 1228;
Pub. L. 107–71, title I, § 140(b)(1), (2), Nov. 19, 2001,
115 Stat. 641;
Pub. L. 115–254, div. K, title I, § 1991(f)(1)–(4), (7), Oct. 5, 2018, 132 Stat. 3642.)
Read all about it:
https://www.faa.gov/news/updates/media/Emergency_Order.pdf
Also see:
49 U.S. Code § 40113. Administrative
If the legal counsel at the FAA is anything like the legal counsel at [redacted place where I work], they didn't have to look it up.
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