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[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Rules and Regulations]
[Pages 7482-7491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2834]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 45, 110, 119, 121, 129, and 135

[Docket No. FAA-2009-0140; Amendment Nos. 45-27, 110-1, 119-14, 121-
353, 129-49, and 135-124]
RIN 2120-AJ45

Operations Specifications

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This amendment clarifies and standardizes the rules for 
applications by foreign air carriers and foreign persons for part 129 
operations specifications and establishes new standards for amendment, 
suspension, and termination of those operations specifications. In 
addition, the FAA has moved definitions currently contained in a 
subpart to a separate part for clarity with no substantive changes to 
the definitions. The amendment also applies to foreign persons 
operating U.S.-registered aircraft in common carriage solely outside 
the United States. This action is necessary to update the process for 
issuing operations specifications and establishes a regulatory basis 
for current practices, such as amending, terminating, or suspending 
operations specifications.

DATES: Effective Date: These amendments become effective April 11, 
2011.
    Compliance Date: The compliance date for Sec.  129.9(a)(2) and 
(b)(2) is February 10, 2012. Affected parties do not have to comply 
with the information collection requirement in Sec.  129.7 until the 
FAA publishes in the Federal Register the control number assigned by 
the Office of Management and Budget (OMB) for this information 
collection requirement. Publication of the control number notifies the 
public that OMB has approved this information collection requirement 
under the Paperwork Reduction Act of 1995. Compliance with all other 
provisions of the final rule is required by April 11, 2011.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this final rule contact Darcy D. Reed, International Programs and 
Policy Division, AFS-50, Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; e-
mail: Darcy.D.Reed@faa.gov; Telephone: 202-385-8078. For legal 
questions concerning this final rule contact Lorna John, Office of the 
Chief Counsel, Regulations Division, AGC-200, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; e-
mail: Lorna.John@faa.gov; Telephone: 202-267-3921.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority.
    This rulemaking is issued under the authority described in Title 49 
of the United States Code, subtitle VII, part A, subpart III, section 
44701(a)(5). Under that section, the Administrator is charged with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations and minimum standards for practices, methods, and 
procedures the Administrator finds necessary to ensure safety in air 
commerce. Clarifying and standardizing the rules for application and 
establishing new standards for amendment, suspension, and termination 
of operations specifications issued to foreign air carriers operating 
in the United States and to foreign air carriers or foreign persons 
conducting common carriage operations with U.S.-registered aircraft 
solely outside the United States enhances the FAA's oversight of U.S.-
registered aircraft and those foreign air carriers' operations within 
the United States.

[[Page 7483]]

Background

A. Summary of the Notice of Proposed Rulemaking (NPRM)

    On May 7, 2010, the FAA published an NPRM that proposed to amend 
the regulations governing foreign air carrier operations within the 
United States and the operations of U.S.-registered aircraft solely 
outside the United States in common carriage (75 FR 25127). 
Specifically, the FAA proposed to clarify and standardize the rules for 
applications by foreign air carriers and foreign persons for operations 
specifications issued under 14 CFR part 129 and establish new standards 
for amendment, suspension, and termination of those operations 
specifications. In addition, the FAA proposed moving definitions 
currently contained in part 119 to a new part 110 for clarity with no 
substantive changes to the definitions. The comment period closed on 
August 5, 2010. As discussed below, the FAA received no adverse 
comments on the NPRM; therefore, the changes to the regulations in the 
final rule are the same as proposed in the NPRM, except for minor 
editorial changes.

B. Summary of the Final Rule

    This final rule clarifies and standardizes the rules for 
applications for operations specifications issued under 14 CFR part 129 
by foreign air carriers conducting operations within the United States 
and foreign air carriers and foreign persons operating U.S.-registered 
aircraft in common carriage solely outside the United States. The rule 
also establishes new standards for amendment, suspension and 
termination of those operations specifications. As described in the 
NPRM, this final rule adds three new sections to subpart A, Sec.  
129.5, Operations Specifications; Sec.  129.7, Application, issuance, 
or denial of operations specifications; and Sec.  129.9 Contents of 
operations specifications. It also amends Sec.  129.11 to specifically 
address amendment, suspension, and termination of operations 
specifications.
    Section 129.5 describes which foreign air carriers or foreign 
persons must hold FAA operations specifications and the effective 
period of such operations specifications. Section 129.5 also requires 
the foreign air carrier to keep each of its employees, and other 
persons used in its operations, informed of the provisions of its FAA-
issued operations specifications that apply to that employee's or 
person's duties and responsibilities. Section 129.5(b) includes and 
revises provisions formerly contained in the introductory paragraph of 
Sec.  129.11(a), removes the incorrect reference to ``Recommended 
Practices,'' and adds a requirement for foreign air carriers to comply 
with the Standards of Annex 8 to the Convention on International Civil 
Aviation (the Chicago Convention).
    Section 129.7 includes new provisions governing the application, 
issuance, and denial of operations specifications. As discussed in the 
NPRM, the new application process required removal of the outdated 
requirements contained in part 129, appendix A.
    Section 129.9 defines the content of operations specifications to 
be issued to either a foreign air carrier conducting operations within 
the United States, or a foreign air carrier or foreign person operating 
U.S.-registered aircraft solely outside the United States in common 
carriage.
    Section 129.11 establishes requirements for amendments, 
suspensions, and terminations of operations specifications. The 
amendment process is consistent with the process for amending 
operations specifications issued to domestic operators under part 119. 
Under the new rule, an applicant may apply to the responsible Flight 
Standards District Office (FSDO) for an amendment of its operations 
specifications, or the Administrator may amend operations 
specifications if the Administrator determines that safety in air 
commerce and the public interest require the amendment. Following an 
adverse decision, the applicant may submit a petition for 
reconsideration to the Director, Flight Standards Service within 30 
days after the date the foreign air carrier or foreign person receives 
a notice of the decision. The filing of the petition for 
reconsideration suspends the decision unless the Administrator 
determines that an emergency exists requiring immediate action to 
maintain safety in air commerce or air transportation. For suspension 
and termination, the final rule establishes a process similar to that 
used for amendments; however, the Administrator may conduct 
consultations under relevant Air Services Agreements prior to 
suspending or terminating an operations specification.
    The final rule amends Sec.  129.13, the aircraft airworthiness and 
registration certificate requirements, to include recognition of the 
validity of certificates of airworthiness issued or validated by a 
State of the Operator under Article 83bis of the Chicago Convention. 
Currently Sec.  129.13 requires airworthiness certificates for foreign 
air carriers to be issued or validated by the State of Registry and 
does not recognize Article 83bis agreements with the State of the 
Operator. The U.S. obligation to recognize those certificates is stated 
in inspector handbook guidance. The amended provisions in Sec.  129.13 
allow recognition of third-party transfers of airworthiness 
certificates under Article 83bis agreements registered with the 
International Civil Aviation Organization (ICAO).
    Similarly, Sec.  129.15 provides for the recognition of the 
validity of crew licenses (certificates) issued or validated by a State 
of the Operator under agreements whereby the State of Registry of an 
aircraft transfers certain oversight functions to the State of the 
Operator of the aircraft in accordance with Article 83bis of the 
Chicago Convention. Although this U.S. obligation is currently stated 
in inspector handbook guidance, Sec.  129.15 provides a legal basis for 
recognition of those crew licenses (certificates).
    As discussed in the NPRM, the final rule amends Sec.  129.14 by 
changing the FAA approval process for the minimum equipment list (MEL) 
and maintenance programs of U.S.-registered aircraft used by foreign 
air carriers and foreign persons in common carriage. Under the final 
rule, the FAA will grant maintenance program and minimum equipment list 
approval for U.S.-registered aircraft in FAA-issued operations 
specifications, which is the practice FAA field offices currently 
follow.
    With the addition of Sec. Sec.  129.5, 129.7, 129.9, and the 
amendments to Sec. Sec.  129.11 and 129.14, the FAA is clarifying the 
applicability of part 129 to certain operations of U.S.-registered 
aircraft operated solely outside the United States in common carriage 
by a foreign person or foreign air carrier. Therefore, the FAA is 
revising Sec.  129.1(b) to clarify that Sec. Sec.  129.5, 129.7, 129.9, 
129.11, 129.14, 129.20, and 129.24 and subpart B apply to U.S.-
registered aircraft operated solely outside the United States in common 
carriage by a foreign person or foreign air carrier.
    As discussed in the NPRM, the FAA has transferred all of the 
definitions in Sec.  119.3 to a new part 110. This change clarifies 
that all of the definitions formerly located in Sec.  119.3 apply to 
subchapter G, including part 129. Section 119.3 is redesignated as 
Sec.  110.2, and all of the references in parts 45, 119, 121 and 135 of 
subchapter G to the definitions formerly contained in Sec.  119.3 were 
changed to Sec.  110.2. These changes to parts 110, 119, 121 and 135 
are editorial in nature, and the FAA has made no substantive changes to 
any of

[[Page 7484]]

the definitions transferred to the new part. Further, this editorial 
change will have no impact on the applicability of the definitions 
contained in 14 CFR part 1 to subchapter G, unless otherwise specified.
    Additionally, the final rule eliminates the outdated reference to 
the Civil Aeronautics Board (CAB) in 14 CFR Sec.  129.1(a)(1) because 
the CAB no longer exists, and all economic authority is now granted by 
the Department of Transportation (DOT).
    The following table summarizes the changes to existing provisions 
of parts 119 and 129, identifies new provisions, and references the 
relevant ICAO standard implemented in the rule, if applicable.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
         Existing part 119                       New part 110
------------------------------------------------------------------------
Definitions: Definitions applicable  Definitions: The final rule removes
 to part 129 are currently included   definitions from subchapter G of
 in part 119, subchapter G. Since     part 119 and includes them in a
 part 119 applies to certification    new part 110.
 requirements for part 135 and 121
 operators, there is potential
 confusion concerning whether
 subchapter G applies to part 129.
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         Existing part 129                     Part 129 changes
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Ops Specs--Amendment, suspension or  Ops Specs--Amendment, suspension or
 termination: Current regulations     termination: The final rule
 do not provide for the amendment,    provides a legal basis for the
 suspension, or termination of        amendment, suspension, and
 Operations Specifications.           termination of Operations
 Information is currently in the      Specifications.
 Inspector Guidance.
Application process: The             Application process: The final rule
 application process and              removes outdated portions of part
 requirements are outdated and        129, appendix A and places general
 impose an unnecessary burden on      requirements in the new Sec.
 the operator and the FAA, with no    129.7(a). Specific application
 safety value (e.g., provide names,   processes will be contained in
 license type and class held by       Inspector Guidance for easy
 each flightcrew member to include    updating. In addition, the final
 en route training--certificate       rule clarifies and standardizes
 holders could employ numerous        the rules for applications by
 airmen and the required              foreign air carriers and foreign
 information could change             persons for operations
 frequently).                         specifications issued under 14 CFR
                                      part 129.
Appeal process for foreign           Appeal process for foreign
 operators: There is no formal        operators: The final rule provides
 administrative process for a         an administrative appeals process
 foreign operator to appeal a         allowing foreign operators and
 decision to amend, suspend, or       foreign persons to submit a
 terminate its operations             petition for reconsideration to
 specifications.                      the Director, Flight Standards
                                      Service, before seeking judicial
                                      review under 49 U.S.C. 46110.
Chicago Convention: There is no      Chicago Convention: The final rule
 regulatory provision for the         allows the FAA to recognize crew
 recognition of Article 83bis of      licenses and airworthiness
 the Chicago Convention. However,     certificates issued or validated
 current FAA guidance contains this   by a State of the Operator under
 information. (Note: Article 83bis    agreements whereby the State of
 allows the transfer of certain       Registry of an aircraft transfers
 functions and duties from the        certain oversight functions to the
 State of Registry to the State of    State of the Operator in
 the Operator under an agreement      accordance with Article 83bis of
 between the States concerned.)       the Chicago Convention.
------------------------------------------------------------------------

C. Summary of Comments

    The FAA received one comment in response to the NPRM. The 
commenter, Air Pacific Limited, had no objection to the proposal.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. According to the 1995 
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid Office of Management and Budget (OMB) control number.
    This final rule will impose new information collection requirements 
as described below. As required by the Paperwork Reduction Act of 1995 
(44 U.S.C. 3507(d)), the FAA has submitted these information collection 
amendments to OMB for its review. Notice of OMB approval for this 
information collection will be published in a future Federal Register 
document.

Title: Part 129 Operations Specifications

    Summary: This rule will clarify and standardize the rules for 
applications by foreign air carriers and foreign persons for operations 
specifications issued under 14 CFR part 129 and establish new standards 
for amendment, suspension and termination of those operations 
specifications. This final rule will also apply to foreign air carriers 
and foreign persons operating U.S.-registered aircraft in common 
carriage solely outside the United States. This action is necessary to 
update the process for issuing operations specifications, and it will 
establish a regulatory basis for current practices, such as amending, 
terminating, and suspending operations specifications.
    Public comments: The FAA did not receive any comments concerning 
the proposed information collection requirements.
    Use: This final rule supports the information needs of the FAA in 
order to maintain an adequate level of safety oversight.
    Respondents (including number of): The likely respondents to this 
information requirement are potential new applicants for operations 
specifications. The average number of respondents is approximately 25 
each year.
    Frequency: The FAA estimates five FSDOs will receive approximately 
five applications each per year.
    Annual Burden Estimate: This final rule opens a new information 
collection requirement and as a result the FAA will begin recording an 
annual recordkeeping and reporting burden as follows: 75 hours 
annually. However, the FAA has streamlined the application process and 
reduced the burden to less than it would have been in the absence of 
the rule.

International Compatibility

    Consistent with U.S. obligations under the Chicago Convention, it 
is the FAA's policy to conform our regulations to ICAO standards to the 
maximum extent practicable. The final rule will allow the FAA to carry 
out its

[[Page 7485]]

obligations under the Chicago Convention by providing for the 
recognition of the validity of certificates of airworthiness and crew 
licenses issued or validated by a State of the Operator in accordance 
with Article 83bis of the Chicago Convention. Additionally, the 
provisions relating to the issuance of operations specifications are 
consistent with the ICAO standard for issuing operations specifications 
to operators conducting international air transportation.
    The European Aviation Safety Agency (EASA) obtained competence from 
the European Parliament to regulate third country operators of aircraft 
engaged in commercial operations into, within, or out of the European 
Community (EC) in 2008. Regulation (EC) No 216/2008 provides competence 
to EASA to issue and renew authorizations for third country operators 
and to amend, limit, suspend or revoke the relevant authorization. The 
FAA will continue to coordinate with EASA on methods to streamline the 
operations specifications process, as appropriate.

Regulatory Evaluation, Regulatory Flexibility Determination, 
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, the Trade Act requires agencies to consider international 
standards and, where appropriate, that they be the basis of U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4) requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
Tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a final rule does not 
warrant a full evaluation, this order permits that a statement to that 
effect and the basis for it to be included in the preamble, if a full 
regulatory evaluation of the cost and benefits is not prepared. Such a 
determination has been made for this final rule. The reasoning for this 
determination follows:
    This final rule will not impose costs on domestic operators since 
it only applies to foreign air carriers and foreign persons. The rule 
removes outdated requirements in the application process, and therefore 
may result in a reduction in costs for foreign air carriers or foreign 
persons who will apply for operations specifications. By clarifying and 
standardizing the operations specifications application process, 
providing a regulatory basis for amendment, suspension and termination 
of those operations specifications, and creating an administrative 
appeals process, the rule may result in some benefits to foreign air 
carriers and foreign persons. It will impose minimal costs on the FAA 
because it will not significantly change the rules regarding the FAA's 
obligation for safety oversight of foreign air carriers and foreign 
persons under the Chicago Convention. Additionally, this rule 
incorporates new provisions for the recognition of airworthiness 
certificates and crewmember licenses under Article 83bis of the Chicago 
Convention. In the NPRM, the FAA requested, but did not receive, 
comments on the costs and benefits of the proposed changes. For these 
reasons we conclude that this final rule will have minimal economic 
impact.
    FAA has, therefore, determined that this final rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare an initial regulatory flexibility analysis as described in the 
RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    This rule clarifies and standardizes the rules for applications by 
foreign air carriers and foreign persons for operations specifications 
issued under 14 CFR part 129 and establishes new standards for 
amendment, suspension, and termination of operations specifications. 
The rule applies to foreign air carriers operating within the United 
States and foreign persons operating U.S.-registered aircraft in common 
carriage solely outside the United States. As the rule removes outdated 
requirements in the application process, it may result in a reduction 
in costs for foreign air carriers or foreign persons who will apply for 
operations specifications. Furthermore, it creates an administrative 
appeals process that may result in some benefits to foreign air 
carriers and foreign persons. Domestic operators are not impacted by 
this rule. This rule merely revises and clarifies the FAA operations 
specifications application process; the expected outcome will not 
increase cost to any United States small entity. Furthermore, there 
were no comments regarding small business impacts. Therefore, as FAA 
Administrator, I certify that this rule will not have a significant 
economic impact on a substantial number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to

[[Page 7486]]

the foreign commerce of the United States, so long as the standard has 
a legitimate domestic objective, such as the protection of safety, and 
does not operate in a manner that excludes imports that meet this 
objective. The statute also requires consideration of international 
standards and, where appropriate, that they be the basis for U.S. 
standards. The FAA has assessed the potential effect of this final rule 
and determined that it may provide minimal cost savings to 
international entities and thus has a neutral trade impact.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and Tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $143.1 million in lieu of $100 
million.
    This final rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Act do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The FAA has determined 
that this action will not have a substantial direct effect on the 
States, or the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, and, therefore, does not have federalism 
implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 312d and involves no extraordinary 
circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a ``significant energy action'' under the executive order and it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment or docket number of this rulemaking.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://DocketsInfo.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. If you are a small entity and you have a question 
regarding this document, you may contact your local FAA official, or 
the person listed under the FOR FURTHER INFORMATION CONTACT heading at 
the beginning of the preamble. You can find out more about SBREFA on 
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 45

    Aircraft, Exports, Signs and symbols.

14 CFR Part 110

    Administrative practice and procedure, Air carriers, Aircraft, 
Aviation safety, Charter flights, Reporting and recordkeeping 
requirements.

14 CFR Part 119

    Administrative practice and procedure, Air carriers, Aircraft, 
Aviation safety, Charter flights, Reporting and recordkeeping 
requirements.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety, 
Charter flight, Drug abuse, Drug testing, Reporting and recordkeeping 
requirements, Safety, Transportation.

14 CFR Part 129

    Air carriers, Aircraft, Aviation safety, Reporting and 
recordkeeping requirements, Security measures, Smoking.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug 
abuse, Drug testing, Reporting and recordkeeping requirements.

The Amendments

    In consideration of the foregoing, the Federal Aviation 
Administration amends chapter I of title 14, Code of Federal 
Regulations as follows:

PART 45--IDENTIFICATION AND REGISTRATION MARKING

0
1. The authority citation for part 45 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 44109, 40113-40114, 44101-
44105, 44107-44108, 44110-44111, 44504, 44701, 44708-44709, 44711-
44713, 44725, 45302-45303, 46104, 46304, 46306, 47122.

Sec.  45.11  [Amended]

0
2. Amend Sec.  45.11(g)(1)(ii) and (g)(3) by removing the citation 
``Sec.  119.3'' and adding the citation ``Sec.  110.2'' in its place.

0
3. Add part 110 to read as follows:

PART 110--GENERAL REQUIREMENTS

Sec.
110.1 Applicability.
110.2 Definitions.

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 
44912, 44914, 44936, 44938, 46103, 46105.

Sec.  110.1  Applicability.

    This part governs all operations conducted under subchapter G of 
this chapter.

Sec.  110.2  Definitions

    For the purpose of this subchapter, the term--
    All-cargo operation means any operation for compensation or hire 
that

[[Page 7487]]

is other than a passenger-carrying operation or, if passengers are 
carried, they are only those specified in Sec.  121.583(a) or Sec.  
135.85 of this chapter.
    Certificate-holding district office means the Flight Standards 
District Office that has responsibility for administering the 
certificate and is charged with the overall inspection of the 
certificate holder's operations.
    Commercial air tour means a flight conducted for compensation or 
hire in an airplane or helicopter where a purpose of the flight is 
sightseeing. The FAA may consider the following factors in determining 
whether a flight is a commercial air tour:
    (1) Whether there was a holding out to the public of willingness to 
conduct a sightseeing flight for compensation or hire;
    (2) Whether the person offering the flight provided a narrative 
that referred to areas or points of interest on the surface below the 
route of the flight;
    (3) The area of operation;
    (4) How often the person offering the flight conducts such flights;
    (5) The route of flight;
    (6) The inclusion of sightseeing flights as part of any travel 
arrangement package;
    (7) Whether the flight in question would have been canceled based 
on poor visibility of the surface below the route of the flight; and
    (8) Any other factors that the FAA considers appropriate.
    Commuter operation means any scheduled operation conducted by any 
person operating one of the following types of aircraft with a 
frequency of operations of at least five round trips per week on at 
least one route between two or more points according to the published 
flight schedules:
    (1) Airplanes, other than turbojet-powered airplanes, having a 
maximum passenger-seat configuration of 9 seats or less, excluding each 
crewmember seat, and a maximum payload capacity of 7,500 pounds or 
less; or
    (2) Rotorcraft.
    Direct air carrier means a person who provides or offers to provide 
air transportation and who has control over the operational functions 
performed in providing that transportation.
    DOD commercial air carrier evaluator means a qualified Air Mobility 
Command, Survey and Analysis Office cockpit evaluator performing the 
duties specified in Public Law 99-661 when the evaluator is flying on 
an air carrier that is contracted or pursuing a contract with the U.S. 
Department of Defense (DOD).
    Domestic operation means any scheduled operation conducted by any 
person operating any airplane described in paragraph (1) of this 
definition at locations described in paragraph (2) of this definition:
    (1) Airplanes:
    (i) Turbojet-powered airplanes;
    (ii) Airplanes having a passenger-seat configuration of more than 9 
passenger seats, excluding each crewmember seat; or
    (iii) Airplanes having a payload capacity of more than 7,500 
pounds.
    (2) Locations:
    (i) Between any points within the 48 contiguous States of the 
United States or the District of Columbia; or
    (ii) Operations solely within the 48 contiguous States of the 
United States or the District of Columbia; or
    (iii) Operations entirely within any State, territory, or 
possession of the United States; or
    (iv) When specifically authorized by the Administrator, operations 
between any point within the 48 contiguous States of the United States 
or the District of Columbia and any specifically authorized point 
located outside the 48 contiguous States of the United States or the 
District of Columbia.
    Empty weight means the weight of the airframe, engines, propellers, 
rotors, and fixed equipment. Empty weight excludes the weight of the 
crew and payload, but includes the weight of all fixed ballast, 
unusable fuel supply, undrainable oil, total quantity of engine 
coolant, and total quantity of hydraulic fluid.
    Flag operation means any scheduled operation conducted by any 
person operating any airplane described in paragraph (1) of this 
definition at the locations described in paragraph (2) of this 
definition:
    (1) Airplanes:
    (i) Turbojet-powered airplanes;
    (ii) Airplanes having a passenger-seat configuration of more than 9 
passenger seats, excluding each crewmember seat; or
    (iii) Airplanes having a payload capacity of more than 7,500 
pounds.
    (2) Locations:
    (i) Between any point within the State of Alaska or the State of 
Hawaii or any territory or possession of the United States and any 
point outside the State of Alaska or the State of Hawaii or any 
territory or possession of the United States, respectively; or
    (ii) Between any point within the 48 contiguous States of the 
United States or the District of Columbia and any point outside the 48 
contiguous States of the United States and the District of Columbia.
    (iii) Between any point outside the U.S. and another point outside 
the U.S.
    Justifiable aircraft equipment means any equipment necessary for 
the operation of the aircraft. It does not include equipment or ballast 
specifically installed, permanently or otherwise, for the purpose of 
altering the empty weight of an aircraft to meet the maximum payload 
capacity.
    Kind of operation means one of the various operations a certificate 
holder is authorized to conduct, as specified in its operations 
specifications, i.e., domestic, flag, supplemental, commuter, or on-
demand operations.
    Maximum payload capacity means:
    (1) For an aircraft for which a maximum zero fuel weight is 
prescribed in FAA technical specifications, the maximum zero fuel 
weight, less empty weight, less all justifiable aircraft equipment, and 
less the operating load (consisting of minimum flightcrew, foods and 
beverages, and supplies and equipment related to foods and beverages, 
but not including disposable fuel or oil).
    (2) For all other aircraft, the maximum certificated takeoff weight 
of an aircraft, less the empty weight, less all justifiable aircraft 
equipment, and less the operating load (consisting of minimum fuel 
load, oil, and flightcrew). The allowance for the weight of the crew, 
oil, and fuel is as follows:
    (i) Crew--for each crewmember required by the Federal Aviation 
Regulations--
    (A) For male flightcrew members--180 pounds.
    (B) For female flightcrew members--140 pounds.
    (C) For male flight attendants--180 pounds.
    (D) For female flight attendants--130 pounds.
    (E) For flight attendants not identified by gender--140 pounds.
    (ii) Oil--350 pounds or the oil capacity as specified on the Type 
Certificate Data Sheet.
    (iii) Fuel--the minimum weight of fuel required by the applicable 
Federal Aviation Regulations for a flight between domestic points 174 
nautical miles apart under VFR weather conditions that does not involve 
extended overwater operations.
    Maximum zero fuel weight means the maximum permissible weight of an 
aircraft with no disposable fuel or oil. The zero fuel weight figure 
may be found in either the aircraft type certificate data sheet, the 
approved Aircraft Flight Manual, or both.
    Noncommon carriage means an aircraft operation for compensation or 
hire that does not involve a holding out to others.

[[Page 7488]]

    On-demand operation means any operation for compensation or hire 
that is one of the following:
    (1) Passenger-carrying operations conducted as a public charter 
under part 380 of this chapter or any operations in which the departure 
time, departure location, and arrival location are specifically 
negotiated with the customer or the customer's representative that are 
any of the following types of operations:
    (i) Common carriage operations conducted with airplanes, including 
turbojet-powered airplanes, having a passenger-seat configuration of 30 
seats or fewer, excluding each crewmember seat, and a payload capacity 
of 7,500 pounds or less, except that operations using a specific 
airplane that is also used in domestic or flag operations and that is 
so listed in the operations specifications as required by Sec.  
119.49(a)(4) of this chapter for those operations are considered 
supplemental operations;
    (ii) Noncommon or private carriage operations conducted with 
airplanes having a passenger-seat configuration of less than 20 seats, 
excluding each crewmember seat, and a payload capacity of less than 
6,000 pounds; or
    (iii) Any rotorcraft operation.
    (2) Scheduled passenger-carrying operations conducted with one of 
the following types of aircraft with a frequency of operations of less 
than five round trips per week on at least one route between two or 
more points according to the published flight schedules:
    (i) Airplanes, other than turbojet powered airplanes, having a 
maximum passenger-seat configuration of 9 seats or less, excluding each 
crewmember seat, and a maximum payload capacity of 7,500 pounds or 
less; or
    (ii) Rotorcraft.
    (3) All-cargo operations conducted with airplanes having a payload 
capacity of 7,500 pounds or less, or with rotorcraft.
    Passenger-carrying operation means any aircraft operation carrying 
any person, unless the only persons on the aircraft are those 
identified in Sec. Sec.  121.583(a) or 135.85 of this chapter, as 
applicable. An aircraft used in a passenger-carrying operation may also 
carry cargo or mail in addition to passengers.
    Principal base of operations means the primary operating location 
of a certificate holder as established by the certificate holder.
    Provisional airport means an airport approved by the Administrator 
for use by a certificate holder for the purpose of providing service to 
a community when the regular airport used by the certificate holder is 
not available.
    Regular airport means an airport used by a certificate holder in 
scheduled operations and listed in its operations specifications.
    Scheduled operation means any common carriage passenger-carrying 
operation for compensation or hire conducted by an air carrier or 
commercial operator for which the certificate holder or its 
representative offers in advance the departure location, departure 
time, and arrival location. It does not include any passenger-carrying 
operation that is conducted as a public charter operation under part 
380 of this chapter.
    Supplemental operation means any common carriage operation for 
compensation or hire conducted with any airplane described in paragraph 
(1) of this definition that is a type of operation described in 
paragraph (2) of this definition:
    (1) Airplanes:
    (i) Airplanes having a passenger-seat configuration of more than 30 
seats, excluding each crewmember seat;
    (ii) Airplanes having a payload capacity of more than 7,500 pounds; 
or
    (iii) Each propeller-powered airplane having a passenger-seat 
configuration of more than 9 seats and less than 31 seats, excluding 
each crewmember seat, that is also used in domestic or flag operations 
and that is so listed in the operations specifications as required by 
Sec.  119.49(a)(4) of this chapter for those operations; or
    (iv) Each turbojet powered airplane having a passenger seat 
configuration of 1 or more and less than 31 seats, excluding each 
crewmember seat, that is also used in domestic or flag operations and 
that is so listed in the operations specifications as required by Sec.  
119.49(a)(4) of this chapter for those operations.
    (2) Types of operation:
    (i) Operations for which the departure time, departure location, 
and arrival location are specifically negotiated with the customer or 
the customer's representative;
    (ii) All-cargo operations; or
    (iii) Passenger-carrying public charter operations conducted under 
part 380 of this chapter.
    Wet lease means any leasing arrangement whereby a person agrees to 
provide an entire aircraft and at least one crewmember. A wet lease 
does not include a code-sharing arrangement.
    When common carriage is not involved or operations not involving 
common carriage means any of the following:
    (1) Noncommon carriage.
    (2) Operations in which persons or cargo are transported without 
compensation or hire.
    (3) Operations not involving the transportation of persons or 
cargo.
    (4) Private carriage.
    Years in service means the calendar time elapsed since an aircraft 
was issued its first U.S. or first foreign airworthiness certificate.

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

0
4. The authority citation for part 119 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 
44912, 44914, 44936, 44938, 46103, 46105.

Sec.  119.3  [Removed and reserved]

0
5. Remove and reserve Sec.  119.3.

Sec.  119.51  [Amended]

0
6. Amend Sec.  119.51(c)(1)(i) by removing the citation ``Sec.  119.3'' 
and adding the citation ``Sec.  110.2'' in its place.

Sec.  119.53  [Amended]

0
7. Amend Sec.  119.53(e) by removing the citation ``Sec.  119.3'' and 
adding the citation ``Sec.  110.2'' in its place.

PART 121--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

0
8. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40119, 41706, 44101, 
44701, 44702, 44705, 44709, 44710, 44711, 44713, 44716, 44717, 
44722, 46105.

Sec.  121.313  [Amended]

0
9. Amend Sec.  121.313(k) by removing the citation ``Sec.  119.3'' and 
adding the citation ``Sec.  110.2'' in its place.

Sec.  121.582  [Amended]

0
10. Amend Sec.  121.582 by removing the citation ``Sec.  119.3'' and 
adding the citation ``Sec.  110.2'' in its place.

PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF 
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE

0
11. The authority citation for part 129 continues to read as follows:

    Authority: 49 U.S.C. 1372, 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901-44904, 44906, 
44912, 46105, Pub. L. 107-71 sec. 104.

[[Page 7489]]

0
12. Amend Sec.  129.1 by revising paragraphs (a)(1), (a)(2), and (b) to 
read as follows:

Sec.  129.1  Applicability and definitions.

    (a) * * *
    (1) A permit issued by the U.S. Department of Transportation under 
49 U.S.C. 41301 through 41306, or
    (2) Other appropriate economic or exemption authority issued by the 
U.S. Department of Transportation.
    (b) Operations of U.S.-registered aircraft solely outside the 
United States. In addition to the operations specified under paragraph 
(a) of this section, Sec. Sec.  129.5, 129.7, 129.9, 129.11, 129.14, 
129.20 and 129.24, and subpart B of this part also apply to operations 
of U.S.-registered aircraft operated solely outside the United States 
in common carriage by a foreign person or foreign air carrier.
* * * * *

0
13. Add Sec.  129.5 to read as follows:

Sec.  129.5  Operations specifications.

    (a) Each foreign air carrier conducting operations within the 
United States, and each foreign air carrier or foreign person operating 
U.S.-registered aircraft solely outside the United States in common 
carriage must conduct its operations in accordance with operations 
specifications issued by the Administrator under this part.
    (b) Each foreign air carrier conducting operations within the 
United States must conduct its operations in accordance with the 
Standards contained in Annex 1 (Personnel Licensing), Annex 6 
(Operation of Aircraft), Part I (International Commercial Air 
Transport--Aeroplanes) or Part III (International Operations--
Helicopters), as appropriate, and in Annex 8 (Airworthiness of 
Aircraft) to the Convention on International Civil Aviation.
    (c) No foreign air carrier may operate to or from locations within 
the United States without, or in violation of, appropriate operations 
specifications.
    (d) No foreign air carrier or foreign person shall operate U.S.-
registered aircraft solely outside the United States in common carriage 
without, or in violation of, appropriate operations specifications.
    (e) Each foreign air carrier must keep each of its employees and 
other persons used in its operations informed of the provisions of its 
operations specifications that apply to that employee's or person's 
duties and responsibilities.
    (f) Operations specifications issued under this part are effective 
until--
    (1) The foreign air carrier or foreign person surrenders them to 
the FAA;
    (2) The Administrator suspends or terminates the operations 
specifications; or
    (3) The operations specifications are amended as provided in Sec.  
129.11.
    (g) Within 30 days after a foreign air carrier or foreign person 
terminates operations under part 129 of this subchapter, the operations 
specifications must be surrendered by the foreign air carrier or 
foreign person to the responsible Flight Standards District Office.
    (h) No person operating under this part may operate or list on its 
operations specifications any airplane listed on operations 
specifications issued under part 125 of this chapter.

0
14. Add Sec.  129.7 to read as follows:

Sec.  129.7  Application, issuance, or denial of operations 
specifications.

    (a) A foreign air carrier or foreign person applying to the FAA for 
operations specifications under this part must submit an application--
    (1) In a form and manner prescribed by the Administrator; and
    (2) At least 90 days before the intended date of operation.
    (b) An authorized officer or employee of the applicant, having 
knowledge of the matters stated in the application, must sign the 
application and certify in writing that the statements in the 
application are true. The application must include two copies of the 
appropriate written authority issued to that officer or employee by the 
applicant.
    (c) A foreign applicant may be issued operations specifications, if 
after review, the Administrator finds the applicant--
    (1) Meets the applicable requirements of this part;
    (2) Holds the economic or exemption authority required by the 
Department of Transportation, applicable to the operations to be 
conducted;
    (3) Complies with the applicable security requirements of 49 CFR 
chapter XII;
    (4) Is properly and adequately equipped to conduct the operations 
described in the operations specifications; and
    (5) Holds a valid air operator certificate issued by the State of 
the Operator.
    (d) An application may be denied if the Administrator finds that 
the applicant is not properly or adequately equipped to conduct the 
operations to be described in the operations specifications.

0
15. Add Sec.  129.9 to read as follows:

Sec.  129.9  Contents of operations specifications.

    (a) The contents of operations specifications issued to a foreign 
air carrier conducting operations within the United States under Sec.  
129.1(a) shall include:
    (1) The specific location and mailing address of the applicant's 
principal place of business in the State of the Operator and, if 
different, the address that will serve as the primary point of contact 
for correspondence between the FAA and the foreign air carrier;
    (2) Within 1 year after February 10, 2012, the designation of an 
agent for service within the United States, including the agent's full 
name and office address or usual place of residence;
    (3) The certificate number and validity of the foreign air 
carrier's Air Operator Certificate issued by the State of the Operator;
    (4) Each regular and alternate airport to be used in scheduled 
operations;
    (5) The type of aircraft and registration markings of each 
aircraft;
    (6) The approved maintenance program and minimum equipment list for 
United States registered aircraft authorized for use; and
    (7) Any other item the Administrator determines is necessary.
    (b) The contents of operations specifications issued to a foreign 
air carrier or foreign person operating U.S.-registered aircraft solely 
outside the United States in common carriage in accordance with Sec.  
129.1(b) shall include--
    (1) The specific location and mailing address of the principal 
place of business in the State of the Operator and, if different, the 
address that will serve as the primary point of contact for 
correspondence between the FAA and the foreign air carrier or foreign 
person;
    (2) Within 1 year after February 10, 2012, the designation of an 
agent for service within the United States, including the agent's full 
name and office address or usual place of residence;
    (3) In the case of a foreign air carrier, the certificate number 
and validity of the foreign air carrier's Air Operator Certificate 
issued by the State of the Operator;
    (4) Any other business names under which the foreign air carrier or 
foreign person may operate;
    (5) The type, registration markings, and serial number of each 
United States registered aircraft authorized for use;
    (6) The approved maintenance program and minimum equipment list for 
United States registered aircraft authorized for use; and

[[Page 7490]]

    (7) Any other item the Administrator determines is necessary.

0
16. Revise Sec.  129.11 to read as follows:

Sec.  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 District Office notifies the 
foreign air carrier or foreign person in writing of the proposed 
amendment, suspension or termination.
    (2) The responsible Flight Standards District 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 District 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 District 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 District 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 District Office in a form and manner prescribed by the 
Administrator.
    (3) After considering all material presented, the responsible 
Flight Standards District 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 District 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 District 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 
District 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 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 District Office 
unless the responsible Flight Standards District 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 District 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 District 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.

0
17. Amend Sec.  129.13 by revising paragraph (a) to read as follows:

Sec.  129.13  Airworthiness and registration certificates.

    (a) No foreign air carrier may operate any aircraft within the 
United States unless that aircraft carries a current registration 
certificate and displays the nationality and registration markings of 
the State of Registry, and an airworthiness certificate issued or 
validated by:
    (1) The State of Registry; or
    (2) The State of the Operator, provided that the State of the 
Operator and the State of Registry have entered into an agreement under 
Article 83bis of the Convention on International Civil Aviation that 
covers the aircraft.
* * * * *

0
18. Amend Sec.  129.14 by revising paragraphs (a), (b)(4), and (b)(7) 
to read as follows:

Sec.  129.14  Maintenance program and minimum equipment list 
requirements for U.S.-registered aircraft.

    (a) Each foreign air carrier and each foreign person operating a 
U.S.-registered aircraft within or outside the United States in common 
carriage must ensure that each aircraft is maintained

[[Page 7491]]

in accordance with a program approved by the Administrator in the 
operations specifications.
    (b) * * *
    (4) The FAA operations specification permitting the operator to use 
an approved minimum equipment list is carried aboard the aircraft. An 
approved minimum equipment list, as authorized by the operations 
specifications, constitutes an approved change to the type design 
without requiring recertification.
* * * * *
    (7) The aircraft is operated under all applicable conditions and 
limitations contained in the minimum equipment list and the operations 
specification authorizing the use of the list.

0
19. Revise Sec.  129.15 to read as follows:

Sec.  129.15  Flightcrew member certificates.

    Each person acting as a flightcrew member must hold a certificate 
or license that shows the person's ability to perform duties in 
connection with the operation of the aircraft. The certificate or 
license must have been issued or rendered valid by:
    (a) The State in which the aircraft is registered; or
    (b) The State of the Operator, provided that the State of the 
Operator and the State of Registry have entered into an agreement under 
Article 83bis of the Convention on International Civil Aviation that 
covers the aircraft.

Appendix A to Part 129 [Removed and Reserved]

0
20. Remove and reserve appendix A to part 129.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
21. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 41706, 44701, 44702, 44705, 
44709, 44711, 44713, 44715, 44717, 44722, 46105.

Sec.  135.127  [Amended]

0
22. Amend Sec.  135.127 in paragraphs (b)(1)(iii) and (b)(2) 
introductory text by removing the citation ``Sec.  119.3'' and adding 
the citation ``Sec.  110.2'' in its place.

    Issued in Washington, DC, on January 31, 2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011-2834 Filed 2-9-11; 8:45 am]
BILLING CODE 4910-13-P
```