§ 129.11 Amendment, suspension and termination of operations specifications. ( a ) The Administrator may amend any operations specifications issued under this part if— ( 1 ) The Administrator determines that safety in air commerce and the public interest require the amendment; or
( 2 ) The foreign air carrier or foreign person applies for an amendment, and the Administrator determines that safety in air commerce and the public interest allows the amendment.
( b ) The Administrator may suspend or terminate any operations specifications issued under this part if the Administrator determines that safety in air commerce and the public interest require the suspension or termination;
( c ) Except as provided in paragraphs (f) and (g) of this section, when the Administrator initiates an action to amend, suspend or terminate a foreign air carrier or foreign person's operations specifications, the following procedure applies: ( 1 ) The responsible Flight Standards office notifies the foreign air carrier or foreign person in writing of the proposed amendment, suspension or termination.
( 2 ) The responsible Flight Standards office sets a reasonable period (but not less than 7 days) within which the foreign air carrier or foreign person may submit written information, views, and arguments on the amendment, suspension or termination.
( 3 ) After considering all material presented, the responsible Flight Standards office notifies the foreign air carrier or foreign person of— ( i ) The adoption of the proposed amendment, suspension or termination;
( ii ) The partial adoption of the proposed amendment, suspension or termination; or
( iii ) The withdrawal of the proposed amendment, suspension or termination.
( 4 ) If the responsible Flight Standards office issues an action to amend, suspend or terminate the operations specifications, it becomes effective not less than 30 days after the foreign air carrier or foreign person receives notice of it unless— ( i ) The responsible Flight Standards office finds under paragraph (g) of this section that there is an emergency requiring immediate action with respect to safety in air commerce; or
( ii ) The foreign air carrier or foreign person petitions for reconsideration of the amendment, suspension or termination under paragraph (e) of this section.
( d ) When the foreign air carrier or foreign person applies for an amendment to its operations specifications, the following procedure applies: ( 1 ) The foreign air carrier or foreign person must file an application to amend its operations specifications— ( i ) At least 90 days before the date proposed by the applicant for the amendment to become effective in cases of mergers; acquisitions of airline operational assets that require an additional showing to Department of Transportation for economic authority; major changes in the type of operation; and resumption of operations following a suspension of operations as a result of bankruptcy actions, unless a shorter time is approved by the Administrator.
( ii ) At least 30 days before the date proposed by the applicant for the amendment to become effective in all other cases.
( 2 ) The application must be submitted to the responsible Flight Standards office in a form and manner prescribed by the Administrator.
( 3 ) After considering all material presented, the responsible Flight Standards office notifies the foreign air carrier or foreign person of— ( i ) The adoption of the applied for amendment;
( ii ) The partial adoption of the applied for amendment; or
( iii ) The denial of the applied for amendment.
( 4 ) If the responsible Flight Standards office approves the amendment, following coordination with the foreign air carrier or foreign person regarding its implementation, the amendment is effective on the date the responsible Flight Standards office approves it.
( e ) The foreign air carrier or foreign person may petition for reconsideration of a full or partial adoption of an amendment, a denial of an amendment or a suspension or termination of operations specifications.
( f ) When a foreign air carrier or foreign person seeks reconsideration of a decision from the responsible Flight Standards office concerning the amendment, suspension or termination of operations specifications, the following procedure applies: ( 1 ) The foreign air carrier or foreign person must petition for reconsideration of that decision within 30 days after the date that the foreign air carrier or foreign person receives a notice of the decision.
( 2 ) The foreign air carrier or foreign person must address its petition to the Executive Director, Flight Standards Service.
( 3 ) A petition for reconsideration, if filed within the 30-day period, suspends the effectiveness of any amendment, suspension or termination issued by the responsible Flight Standards office unless the responsible Flight Standards office has found, under paragraph (g) of this section, that an emergency exists requiring immediate action with respect to safety in air transportation or air commerce.
( g ) If the responsible Flight Standards office finds that an emergency exists requiring immediate action with respect to safety in air commerce or air transportation that makes the procedures set out in this section impracticable or contrary to the public interest, that office may make the amendment, suspension or termination effective on the day the foreign air carrier or foreign person receives notice of it. In the notice to the foreign air carrier or foreign person, the responsible Flight Standards office will articulate the reasons for its finding that an emergency exists requiring immediate action with respect to safety in air transportation or air commerce or that makes it impracticable or contrary to the public interest to stay the effectiveness of the amendment, suspension or termination.
[Doc. No. FAA-2009-0140, 76 FR 7490, Feb. 10, 2011, as amended by Docket FAA-2018-0119, Amdt. 129-53, 83 FR 9174, Mar. 5, 2018]