§ 63.23 Special purpose flight engineer and flight navigator certificates: Operation of U.S.-registered civil airplanes leased by a person not a U.S. citizen. ( a ) *General.* The holder of a current foreign flight engineer or flight navigator certificate, license, or authorization issued by a foreign contracting State to the Convention on International Civil Aviation, who meets the requirements of this section, may hold a special purpose flight engineer or flight navigator certificate, as appropriate, authorizing the holder to perform flight engineer or flight navigator duties on a civil airplane of U.S. registry, leased to a person not a citizen of the United States, carrying persons or property for compensation or hire. Special purpose flight engineer and flight navigator certificates are issued under this section only for airplane types that can have a maximum passenger seating configuration, excluding any flight crewmember seat, of more than 30 seats or a maximum payload capacity (as defined in § 135.2(e) of this chapter) of more than 7,500 pounds.
( b ) *Eligibility.* To be eligible for the issuance, or renewal, of a certificate under this section, an applicant must present the following to the Administrator: ( 1 ) A current foreign flight engineer or flight navigator certificate, license, or authorization issued by the aeronautical authority of a foreign contracting State to the Convention on International Civil Aviation or a facsimile acceptable to the Administrator. The certificate or license must authorize the applicant to perform the flight engineer or flight navigator duties to be authorized by a certificate issued under this section on the same airplane type as the leased airplane.
( 2 ) A current certification by the lessee of the airplane— ( i ) Stating that the applicant is employed by the lessee;
( ii ) Specifying the airplane type on which the applicant will perform flight engineer or flight navigator duties; and
( iii ) Stating that the applicant has received ground and flight instruction which qualifies the applicant to perform the duties to be assigned on the airplane.
( 3 ) Documentation showing that the applicant currently meets the medical standards for the foreign flight engineer or flight navigator certificate, license, or authorization required by paragraph (b)(1) of this section, except that a U.S. medical certificate issued under part 67 of this chapter is not evidence that the applicant meets those standards unless the State which issued the applicant's foreign flight engineer or flight navigator certificate, license, or authorization accepts a U.S. medical certificate as evidence of medical fitness for a flight engineer or flight navigator certificate, license, or authorization.
( c ) *Privileges.* The holder of a special purpose flight engineer or flight navigator certificate issued under this section may exercise the same privileges as those shown on the certificate, license, or authorization specified in paragraph (b)(1) of this section, subject to the limitations specified in this section.
( d ) *Limitations.* Each certificate issued under this section is subject to the following limitations: ( 1 ) It is valid only— ( i ) For flights between foreign countries and for flights in foreign air commerce;
( ii ) While it and the certificate, license, or authorization required by paragraph (b)(1) of this section are in the certificate holder's personal possession and are current;
( iii ) While the certificate holder is employed by the person to whom the airplane described in the certification required by paragraph (b)(2) of this section is leased;
( iv ) While the certificate holder is performing flight engineer or flight navigator duties on the U.S.-registered civil airplane described in the certification required by paragraph (b)(2) of this section; and
( v ) While the medical documentation required by paragraph (b)(3) of this section is in the certificate holder's personal possession and is currently valid.
( 2 ) Each certificate issued under this section contains the following: ( i ) The name of the person to whom the U.S.-registered civil airplane is leased.
( ii ) The type of airplane.
( iii ) The limitation: “Issued under, and subject to, § 63.23 of the Federal Aviation Regulations.”
( iv ) The limitation: “Subject to the privileges and limitations shown on the holder's foreign flight (engineer or navigator) certificate, license, or authorization.”
( 3 ) Any additional limitations placed on the certificate which the Administrator considers necessary.
( e ) *Termination.* Each special purpose flight engineer or flight navigator certificate issued under this section terminates— ( 1 ) When the lease agreement for the airplane described in the certification required by paragraph (b)(2) of this section terminates;
( 2 ) When the foreign flight engineer or flight navigator certificate, license, or authorization, or the medical documentation required by paragraph (b) of this section is suspended, revoked, or no longer valid; or
( 3 ) After 24 months after the month in which the special purpose flight engineer or flight navigator certificate was issued.
( f ) *Surrender of certificate.* The certificate holder shall surrender the special purpose flight engineer or flight navigator certificate to the Administrator within 7 days after the date it terminates.
( g ) *Renewal.* The certificate holder may have the certificate renewed by complying with the requirements of paragraph (b) of this section at the time of application for renewal.
(Secs. 313(a), 601, and 602, Federal Aviation Act of 1958; as amended (49 U.S.C. 1354(a), 1421, and 1422); sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))
[Doc. No. 19300, 45 FR 5672, Jan. 24, 1980]