7482 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 

another forum for appeal; non-final 

decisions or conclusions; and matters in 

ongoing litigation, arbitration, or 

mediation, unless there has been a 

breakdown in the process, may not be 

appealed. Matters not subject to appeal 

include, but are not limited to, 

appointments of conservators or 

receivers, preliminary examination 

conclusions, formal enforcement 

decisions, formal and informal 

rulemakings, Freedom of Information 

Act appeals, final FHFA decisions 

subject to judicial review, and matters 

within the jurisdiction of the FHFA 

Inspector General. The Ombudsman 

may further define what matters are not 

subject to appeal. 

(4) Effect of filing an appeal. An 

appeal under this section does not 

excuse a regulated entity or the Office 

of Finance from complying with any 

regulatory or supervisory decision while 

the appeal is pending. However, the 

Director, upon consideration of a 

written request, may waive compliance 

with a regulatory or supervisory 

decision during the pendency of the 

appeal. 

§ 1213.5 Complaints from a person. 

(a) General. Any person that has a 

business relationship with a regulated 

entity or the Office of Finance may 

submit a complaint in accordance with 

procedures established by the 

Ombudsman. 

(b) Matters subject to complaint. A 

person may submit a complaint 

regarding any matter relating to the 

regulation and supervision of a 

regulated entity or the Office of Finance 

by FHFA that is not a matter in 

litigation, arbitration, or mediation. The 

Ombudsman may further define what 

matters are subject to complaints. 

§ 1213.6 No retaliation. 

Neither FHFA nor any FHFA 

employee may retaliate against a 

regulated entity, the Office of Finance, 

or a person for submitting a complaint 

or appeal under this part. The 

Ombudsman shall receive and address 

claims of retaliation. Upon receiving a 

complaint, the Ombudsman, in 

coordination with the Inspector General, 

shall examine the basis of the alleged 

retaliation. Upon completion of the 

examination, the Ombudsman shall 

report the findings to the Director with 

recommendations, including a 

recommendation to take disciplinary 

action against any FHFA employee 

found to have retaliated. 

§ 1213.7 Confidentiality. 

The Ombudsman shall ensure that 

safeguards exist to preserve 

confidentiality. If a party requests that 

information and materials remain 

confidential, the Ombudsman shall not 

disclose the information or materials, 

without approval of the party, except to 

appropriate reviewing or investigating 

officials, such as the Inspector General, 

or as required by law. However, the 

resolution of certain complaints (such as 

complaints of retaliation against a 

regulated entity or the Office of Finance) 

may not be possible if the identity of the 

party remains confidential. In such 

cases, the Ombudsman shall discuss 

with the party the circumstances 

limiting confidentiality. 

Dated: February 3, 2011. 

Edward J. DeMarco, 

Acting Director, Federal Housing Finance 

Agency. 

[FR Doc. 2011–2845 Filed 2–9–11; 8:45 am] 

BILLING CODE 8070–01–P 

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. 

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 § 129.9(a)(2) and (b)(2) is 

February 10, 2012. Affected parties do 

not have to comply with the information 

collection requirement in § 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. 


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Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 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, § 129.5, 

Operations Specifications; § 129.7, 

Application, issuance, or denial of 

operations specifications; and § 129.9 

Contents of operations specifications. It 

also amends § 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 § 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 § 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 § 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 § 129.13 allow 

recognition of third-party transfers of 

airworthiness certificates under Article 

83bis agreements registered with the 

International Civil Aviation 

Organization (ICAO). 

Similarly, § 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, § 129.15 

provides a legal basis for recognition of 

those crew licenses (certificates). 

As discussed in the NPRM, the final 

rule amends § 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 §§ 129.5, 129.7, 

129.9, and the amendments to §§ 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 § 129.1(b) to clarify 

that §§ 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 

§ 119.3 to a new part 110. This change 

clarifies that all of the definitions 

formerly located in § 119.3 apply to 

subchapter G, including part 129. 

Section 119.3 is redesignated as § 110.2, 

and all of the references in parts 45, 119, 

121 and 135 of subchapter G to the 

definitions formerly contained in 

§ 119.3 were changed to § 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 


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7484 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 

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 

§ 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 to part 129 are currently included in 

part 119, subchapter G. Since part 119 applies to certification requirements for part 135 and 121 operators, there is potential confusion concerning whether subchapter G applies to part 129. 

Definitions: The final rule removes definitions from subchapter G of 

part 119 and includes them in a new part 110. 

Existing part 129 Part 129 changes 

Ops Specs—Amendment, suspension or termination: Current regulations do not provide for the amendment, suspension, or termination 

of Operations Specifications. Information is currently in the Inspector 

Guidance. 

Ops Specs—Amendment, suspension or termination: The final rule 

provides a legal basis for the amendment, suspension, and termination of Operations Specifications. 

Application process: The application process and requirements are outdated and impose an unnecessary burden on the operator and the 

FAA, with no safety value (e.g., provide names, license type and 

class held by each flightcrew member to include en route training— 

certificate holders could employ numerous airmen and the required 

information could change frequently). 

Application process: The final rule removes outdated portions of part 

129, appendix A and places general requirements in the new 

§ 129.7(a). Specific application processes will be contained in Inspector Guidance for easy updating. In addition, the final rule clarifies and standardizes the rules for applications by foreign air carriers 

and foreign persons for operations specifications issued under 14 

CFR part 129. 

Appeal process for foreign operators: There is no formal administrative 

process for a foreign operator to appeal a decision to amend, suspend, or terminate its operations specifications. 

Appeal process for foreign operators: The final rule provides an administrative appeals process allowing foreign operators and foreign persons to submit a petition for reconsideration to the Director, Flight 

Standards Service, before seeking judicial review under 49 U.S.C. 

46110. 

Chicago Convention: There is no regulatory provision for the recognition of Article 83bis of the Chicago Convention. However, current 

FAA guidance contains this information. (Note: Article 83bis allows 

the transfer of certain functions and duties from the State of Registry 

to the State of the Operator under an agreement between the States 

concerned.) 

Chicago Convention: The final rule allows the FAA to recognize crew licenses and airworthiness 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 in accordance with Article 83bis of 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 


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Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 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-forprofit 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 


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7486 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 

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 

■ 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. 

§ 45.11 [Amended] 

■ 2. Amend § 45.11(g)(1)(ii) and (g)(3) 

by removing the citation ‘‘§ 119.3’’ and 

adding the citation ‘‘§ 110.2’’ in its place. 

■ 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. 

§ 110.1 Applicability. 

This part governs all operations 

conducted under subchapter G of this 

chapter. 

§ 110.2 Definitions 

For the purpose of this subchapter, 

the term— 

All-cargo operation means any 

operation for compensation or hire that 


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is other than a passenger-carrying 

operation or, if passengers are carried, 

they are only those specified in 

§ 121.583(a) or § 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 turbojetpowered 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 ondemand 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. 


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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 

§ 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 

§§ 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 

§ 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 

§ 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 

■ 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. 

§ 119.3 [Removed and reserved] 

■ 5. Remove and reserve § 119.3. 

§ 119.51 [Amended] 

■ 6. Amend § 119.51(c)(1)(i) by 

removing the citation ‘‘§ 119.3’’ and 

adding the citation ‘‘§ 110.2’’ in its place. 

§ 119.53 [Amended] 

■ 7. Amend § 119.53(e) by removing the 

citation ‘‘§ 119.3’’ and adding the 

citation ‘‘§ 110.2’’ in its place. 

PART 121—CERTIFICATION: AIR 

CARRIERS AND COMMERCIAL 

OPERATORS 

■ 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. 

§ 121.313 [Amended] 

■ 9. Amend § 121.313(k) by removing 

the citation ‘‘§ 119.3’’ and adding the 

citation ‘‘§ 110.2’’ in its place. 

§ 121.582 [Amended] 

■ 10. Amend § 121.582 by removing the 

citation ‘‘§ 119.3’’ and adding the 

citation ‘‘§ 110.2’’ in its place. 

PART 129—OPERATIONS: FOREIGN 

AIR CARRIERS AND FOREIGN 

OPERATORS OF U.S.-REGISTERED 

AIRCRAFT ENGAGED IN COMMON 

CARRIAGE 

■ 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. 


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■ 12. Amend § 129.1 by revising 

paragraphs (a)(1), (a)(2), and (b) to read 

as follows: 

§ 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, 

§§ 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. 

* * * * * 

■ 13. Add § 129.5 to read as follows: 

§ 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 § 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. 

■ 14. Add § 129.7 to read as follows: 

§ 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. 

■ 15. Add § 129.9 to read as follows: 

§ 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 § 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 § 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 


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(7) Any other item the Administrator 

determines is necessary. 

■ 16. Revise § 129.11 to read as follows: 

§ 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. 

■ 17. Amend § 129.13 by revising 

paragraph (a) to read as follows: 

§ 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. 

* * * * * 

■ 18. Amend § 129.14 by revising 

paragraphs (a), (b)(4), and (b)(7) to read 

as follows: 

§ 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 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 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. 

■ 19. Revise § 129.15 to read as follows: 

§ 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] 

■ 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 

■ 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. 

§ 135.127 [Amended] 

■ 22. Amend § 135.127 in paragraphs 

(b)(1)(iii) and (b)(2) introductory text by 

removing the citation ‘‘§ 119.3’’ and 

adding the citation ‘‘§ 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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 351 

RIN 0625–AA66 

[Docket No.: 0612243022–1049–01] 

Certification of Factual Information to 

Import Administration During 

Antidumping and Countervailing Duty 

Proceedings: Interim Final Rule 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Interim final rule and request 

for comments. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) is amending its 

regulation which governs the 

certification of factual information 

submitted to the Department by a 

person or his or her representative 

during antidumping (‘‘AD’’) and 

countervailing duty (‘‘CVD’’) 

proceedings. The amendments are 

intended to strengthen the current 

certification requirements. For example, 

these amendments revise the 

certification in order to identify to 

which document the certification 

applies, to identify to which segment of 

an AD/CVD proceeding the certification 

applies, to identify who is making the 

certification, and to indicate the date on 

which the certification was made. In 

addition, the amendments are intended 

to ensure that parties and their counsel 

are aware of potential consequences for 

false certifications. The Department is 

also requesting comments on this 

interim final rule. 

DATES: The effective date of this interim 

final rule is March 14, 2011. This 

interim final rule will apply to all 

investigations initiated on the basis of 

petitions filed on or after March 14, 

2011, and other segments of AD/CVD 

proceedings initiated on or after March 

14, 2011. 

Request for Public Comment: The 

Department seeks public comment on 

this interim final rule. To be assured of 

consideration, comments must be 

received no later than May 11, 2011 and 

rebuttal comments must be received no 

later than June 27, 2011. All comments 

should refer to RIN 0625–AA66. The 

Department intends to issue a final rule 

no later than nine months after the 

publication of this interim final rule. 

ADDRESSES: All comments must be 

submitted through the Federal 

eRulemaking Portal at http:// 

www.regulations.gov, Docket No. ITA– 

2010–0007, unless the commenter does 

not have access to the internet. 

Commenters that do not have access to 

the internet may submit the original and 

two copies of each set of comments by 

mail or hand delivery/courier. All 

comments should be addressed to 

Ronald K. Lorentzen, Deputy Assistant 

Secretary for Import Administration, 

Room 1870, Department of Commerce, 

14th Street and Constitution Ave., NW., 

Washington, DC 20230. 

The Department will consider all 

comments received before the close of 

the comment period. The Department 

will not accept comments accompanied 

by a request that part or all of the 

material be treated confidentially 

because of its business proprietary 

nature or for any other reason. All 

comments responding to this notice will 

be a matter of public record and will be 

available for inspection at Import 

Administration’s Central Records Unit 

(Room 7046 of the Herbert C. Hoover 

Building) and on the Federal 

eRulemaking Portal at 

www.Regulations.gov. and the 

Department’s Web site at http:// 

www.trade.gov/ia/. 

Any questions concerning file 

formatting, document conversion, 

access on the Internet, or other 

electronic filing issues should be 

addressed to Andrew Lee Beller, Import 

Administration Webmaster, at (202) 

482–0866, e-mail address: webmastersupport@ita.doc.gov. 

FOR FURTHER INFORMATION CONTACT: 

William Isasi, Senior Attorney, Office of 

the General Counsel, Office of Chief 

Counsel for Import Administration, or 

Myrna Lobo, International Trade 

Compliance Analyst, Office 6, Import 

Administration, U.S. Department of 

Commerce, 1401 Constitution Ave., 

NW., Washington, DC 20230, 202–482– 

4339 or 202–482–2371, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 782(b) of the Tariff Act of 

1930, as amended, (‘‘the Act’’) requires 

that any person providing information 

to the Department during an AD/CVD 

proceeding must certify to the accuracy 

and completeness of such information. 

19 U.S.C. 1677m(b). Department 

regulations set forth the specific content 

requirements for such certifications. 19 

CFR 351.303(g). The current language of 

the certification requirements does not 

address certain important issues. For 

example, the current language does not 

require the certifying official to specify 

the document or the proceeding for 

which the certification is submitted, or 

even the date on which the certification 

is signed. 


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