Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 25127 

inner chord along the length of the repair and 

around the fastener heads in accordance with 

Part 1 of the Accomplishment Instructions of 

Boeing Alert Service Bulletin 737–53A1254, 

Revision 1, dated July 9, 2009. 

Exceptions to Service Information 

(j) Where Boeing Alert Service Bulletin 

737–53A1254, Revision 1, dated July 9, 2009, 

specifies to contact Boeing for repair 

instructions and repair: Before further flight, 

repair the cracking using a method approved 

in accordance with the procedures specified 

in paragraph (m) of this AD. 

(k) Although Boeing Alert Service Bulletin 

737–53A1254, Revision 1, dated July 9, 2009, 

specifies to submit information to the 

manufacturer, this AD does not include that 

requirement. 

Terminating Action 

(l) Doing the repair specified in Part 4 of 

Boeing Alert Service Bulletin 737–53A1254, 

Revision 1, dated July 9, 2009, terminates the 

repetitive inspection requirements of 

paragraph (g) of this AD for the repaired 

frame only. 

Alternative Methods of Compliance 

(AMOCs) 

(m)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: 

Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 917–6447; fax (425) 

917–6590. Or, e-mail information to 9–ANM– 

Seattle-ACO–AMOC–Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane. 

Issued in Renton, Washington, on April 28, 

2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–10902 Filed 5–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

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

135 

[Docket No. FAA–2009–0140; Notice No. 10– 

07] 

RIN 2120–AJ45 

Operations Specifications 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This proposed rule would 

clarify and standardize the rules for 

applications by foreign air carriers and 

foreign persons for operations 

specifications and establish new 

standards for amendment, suspension or 

termination of those operations 

specifications. The proposed rule would 

also apply 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 it will 

establish a regulatory basis for current 

practices, such as amending, 

terminating or suspending operations 

specifications. 

DATES: Send your comments on or 

before August 5, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2009–0140 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

For more information on the rulemaking 

process, see the SUPPLEMENTARY

INFORMATION section of this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

electronic form of all comments 

received into any of our dockets, 

including the name of the individual 

sending the comment (or signing the 

comment for an association, business, 

labor union, etc.). You may review 

DOT’s complete Privacy Act Statement 

in the Federal Register published on 

April 11, 2000 (65 FR 19477–78) or you 

may visit http://DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

and follow the online instructions for 

accessing the docket, or, go to the 

Docket Operations in Room W12–140 of 

the West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Darcy D. Reed, International Programs 

and Policy Division, AFS–50, Flight 

Standards Service, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; email: darcy.d.reed@faa.gov; Telephone: 

202–385–8078. For legal questions 

concerning this proposed 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: Under the 

Additional Information section of this 

preamble, you will find a discussion of 

how you can comment on this proposal 

and how the agency will handle your 

comments. Included in this discussion 

is related information about the docket, 

privacy, and handling proprietary or 

confidential business information. 

There is also a discussion on how you 

can get a copy of related rulemaking 

documents. 

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 proposed rule 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
25128 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 

1An example of an outdated requirement is a 

listing of the type and class of certificate held by 

each flight crewmember employed in the proposed 

operation within the United States. This 

requirement is duplicative. Contracting states to the 

Chicago Convention are obligated to recognize as 

valid certificates and licenses issued by other 

contracting states. 

necessary to ensure safety in air 

commerce. Clarifying and standardizing 

the rules for application, amendment, 

suspension, or termination of operations 

specifications issued to foreign air 

carriers operating in the United States 

and to foreign air carriers or foreign 

persons conducting operations of 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. 

I. Background 

Title 49 of the United States Code 

contains the basic authority for 

promoting safe flight of civil aircraft in 

air commerce and for regulating the 

global operations of U.S.-registered 

aircraft. For foreign air carriers serving 

the United States, the basic operating 

requirements are found in 14 CFR parts 

91 and 129. The standards set forth in 

Annexes 1, 6, and 8 to the Convention 

on International Civil Aviation (the 

Chicago Convention), as implemented 

by the International Civil Aviation 

Organization (ICAO), also apply to the 

international operations of air carriers. 

The applicable ICAO Annexes are: 

Annex 1—Personnel Licensing, 

Annex 6—Part I, Operation of Aircraft— 

International Commercial Air Transport— 

Aeroplanes, 

Annex 6—Part III, Operation of Aircraft— 

International Operations—Helicopters, and 

Annex 8—Airworthiness of Aircraft. 

ICAO Annexes contain the 

international standards for safety, 

regulation, and efficiency of air 

navigation. These international 

standards define the minimum level of 

safety necessary for the recognition by 

Contracting States to the Chicago 

Convention of certificates of 

airworthiness, certificates of 

competency and licenses that allow for 

the flight of aircraft of other States into 

or over their territories. They also 

provide for the protection of other 

aircraft, third parties, and property. As 

with all Contracting States to the 

Chicago Convention, the United States 

is obligated to recognize only those 

certificates of airworthiness, certificates 

of competency, and licenses issued or 

rendered valid by another Contracting 

State. The requirements under which 

these certificates or licenses are issued 

or rendered valid by the Contracting 

State must be equal to or above the 

minimum standards established by the 

Chicago Convention. 

The FAA’s authority over a foreign air 

carrier using foreign-registered aircraft 

is limited to overseeing compliance 

with all the applicable provisions of the 

Chicago Convention and its Annexes, 

and U.S. regulations for the flights 

conducted by the foreign air carrier into 

the United States. Adherence to these 

standards assures the foreign air 

carrier’s ability to navigate and 

communicate safely within the U.S. 

National Airspace System (NAS) while 

protecting individuals and property on 

the ground. 

To fulfill its oversight responsibilities, 

the FAA issues operations specifications 

to foreign air carriers and foreign 

persons. These operations specifications 

ensure a common understanding 

between the foreign air carrier or foreign 

person and the FAA. The FAA-issued 

operations specifications describe the 

scope of a foreign air carrier’s operations 

into the United States, including any 

applicable authorizations and 

limitations, and a foreign person’s 

maintenance responsibility for U.S.- 

registered aircraft operated in common 

carriage solely outside the United 

States. The FAA-issued operations 

specifications do not, however, affect or 

interfere with the responsibilities of the 

foreign Civil Aviation Authority (CAA) 

that issued an air operator certificate to 

the foreign air carrier. The foreign CAA 

maintains primary responsibility for the 

certification of the foreign air carrier 

and the continuing oversight of the air 

carrier or foreign person’s operations in 

accordance with applicable ICAO 

standards. 

II. Discussion of the Proposal 

14 CFR part 129 prescribes the rules 

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. In order to meet 

international standards and the 

changing aviation environment, it is 

necessary to revise part 129. For 

example, the processes for application 

and amendment of operations 

specifications for U.S. operators subject 

to 14 CFR parts 121, 125, and 135 are 

described in part 119. However, there 

are no explicit provisions governing the 

application for, or amendment of, 

operations specifications issued to 

foreign air carriers or foreign persons in 

part 129, nor is there a provision in part 

129 for the suspension or termination of 

operations specifications. Therefore, the 

FAA proposes to clarify the process for 

application, amendment, suspension, 

and termination of operations 

specifications issued to foreign air 

carriers and foreign persons. 

This proposal would add 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. 

This proposed rule would also amend 

the existing § 129.11 to specifically 

address amendment, suspension and 

termination of operations specifications. 

Section 129.5 would define which 

foreign air carriers or foreign persons 

must hold FAA operations 

specifications and the effective period of 

such operations specifications. Current 

regulations require only foreign air 

carriers conducting operations into the 

United States to conduct their 

operations in accordance with 

operations specifications issued by the 

Administrator. Section 129.5 of the 

proposed rule would extend this 

requirement to a foreign air carrier or 

foreign person operating a U.S.- 

registered aircraft solely outside the 

United States in common carriage. 

Additionally, the FAA proposes to 

include a provision in § 129.5 requiring 

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. 

In § 129.7, the FAA proposes to 

include provisions governing the 

application, issuance, or denial of 

operations specifications. The 

application process for foreign air 

carriers is presently defined in 

§ 129.11(b) and Appendix A of part 129. 

It contains outdated requirements that 

are no longer relevant to the FAA’s 

safety oversight needs.1 Also, unlike the 

process for domestic air carrier 

applicants, which allows more 

cooperation between the applicant and 

the FAA, current Appendix A of part 

129 requires a foreign applicant to 

provide very specific information in a 

particular format. Requiring this degree 

of detail in form and content does not 

advance aviation safety and may limit 

the flexibility necessary to ensure the 

safety of the flying public. The FAA 

proposes to remove Appendix A and 

place general requirements in the new 

§ 129.7(a). However, proposed § 129.7(b) 

would retain the current requirement in 

Appendix A, section VIII.B for the 

applicant to provide a written 

certification that the statements in the 

application are true. Using this 

approach allows the operations 

specification process to be easily revised 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 25129 

and updated to meet the changing 

aviation environment and FAA safety 

oversight needs. 

Upon issuance of the final rule, the 

FAA will revise the inspector handbook 

guidance with an updated application 

procedure for foreign applicants to 

obtain FAA-issued foreign operations 

specifications. The procedure would 

provide for greater interaction between 

the foreign applicant and the FAA and 

ensure that a foreign applicant’s 

programs, systems, and intended 

methods of compliance are thoroughly 

reviewed and evaluated in light of U.S. 

requirements. 

The proposed application procedure 

is as follows: 

Preapplication. The foreign applicant 

makes an inquiry to the FAA regarding 

the process for obtaining operations 

specifications. The FAA will provide 

the foreign applicant with an 

application package and information on 

the operations specifications application 

process. 

Formal Application. The responsible 

Flight Standards District Office (FSDO) 

will conduct an in-depth review of the 

foreign air carrier’s formal application 

for operations specifications. Also, the 

responsible office will hold a formal 

application meeting to discuss the 

feasibility of the project and obtain any 

additional information or request 

corrections needed for its review. 

Documentation. The responsible 

FSDO will review the applicant’s 

documents in support of its request for 

issuance of mandatory and optional 

operations specifications. 

Verification. The responsible FSDO 

will verify the foreign air carrier 

applicant’s DOT economic authority 

and TSA security program approval (if 

required). 

Issuance. The FAA will assign an 

operations specification designator and 

number, and the part 129 operations 

specifications will be generated and 

issued to the applicant for acceptance 

and signature. After issuance, the 

responsible FSDO will implement a 

comprehensive ongoing surveillance 

program. 

Using this procedure would allow the 

FAA to verify that the foreign 

applicant’s programs, systems, and 

intended methods of compliance have 

been approved or accepted by the State 

of the Operator. The information 

obtained during the application process 

would also provide the FAA with a 

basis to determine whether the 

applicant would be able to comply with 

all applicable FAA requirements while 

operating in the NAS. 

For foreign air carriers or foreign 

persons who operate U.S.-registered 

aircraft in common carriage solely 

outside the United States, the FAA 

would provide a simplified application 

procedure. 

Section 129.9 would define 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. By specifying the 

content of the operations specifications 

in proposed § 129.9, applicants for these 

specifications would have clear 

standards for the submission of their 

application. 

Current regulations do not contain 

provisions for the amendment, 

suspension or termination of operations 

specifications. For example, a foreign air 

carrier or foreign person may seek 

reconsideration of an adverse decision 

relating to its operations specifications 

using an informal process not 

established in the regulations. An 

operator may submit its petition for 

reconsideration through the FSDO, or an 

FAA Flight Standards Regional Office or 

FAA Headquarters. Therefore, there is a 

need to standardize and streamline all 

petitions for reconsideration through the 

office responsible for oversight of the 

foreign air carrier or foreign person. 

The proposed rule would amend 

§ 129.11 to address amendments, 

suspensions and terminations of 

operations specifications. The 

amendment process would be consistent 

with the process for amending 

operations specifications issued to 

domestic operators under part 119. 

Under the proposed rule, an applicant 

may apply for an amendment of its 

operations specification to the 

responsible FSDO, 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 thirty (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 FAA 

proposes to use 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 FAA proposes to amend § 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, although the U.S. 

obligation to accept those agreements is 

stated in inspector handbook guidance. 

The proposed amendment to § 129.13 

would allow recognition of third-party 

transfers of airworthiness certificates 

under Article 83bis agreements 

registered with ICAO. 

Similarly, the FAA proposes to amend 

§ 129.15 to provide 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 also 

currently stated in inspector handbook 

guidance, § 129.15 requires crew 

licenses (certificates) for foreign air 

carriers to be issued or validated by the 

State of Registry and does not recognize 

crew licenses or certificates transferred 

under Article 83bis agreements 

registered with ICAO. 

Present regulations do not define how 

the FAA grants maintenance approval 

for U.S.-registered aircraft. Therefore, 

the FAA proposes to amend § 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. Under this proposed 

rule, the FAA would 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 proposes to 

clarify 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, § 129.1(b) would be revised 

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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
25130 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 

United States in common carriage by a 

foreign person or foreign air carrier. 

As described in § 119.1(d), part 119 

does not govern operations conducted 

under part 91, subpart K (when common 

carriage is not involved), nor does it 

apply to parts 129, 133, 137 or 139. 

However, the introductory sentence of 

§ 119.3 requires application of the 

definitions included in § 119.3 to all of 

subchapter G, which includes parts 119, 

121, 125, 129, 133, 135, 136, 137 and 

139. Because not all of these parts are 

subject to the substantive requirements 

of part 119, it is not immediately clear 

that all of the definitions in § 119.3 

apply to subchapter G, including part 

129. 

The FAA proposes to create a new 

part 110 which will set forth the general 

requirements applicable to all of 

subchapter G, including the definitions 

currently located in § 119.3. Section 

119.3 is redesignated as § 110.2, and all 

of the references in parts 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 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 FAA proposes to 

eliminate the outdated reference to the 

Civil Aeronautics Board (CAB) in 14 

CFR 129.1(a)(1). This revision is 

necessary since the CAB no longer 

exists, and all economic authority is 

now granted by the Department of 

Transportation (DOT). 

Currently, § 129.11(a) requires foreign 

air carriers to comply with ICAO 

standards and recommended practices 

in part 1 of Annex 6 of the Chicago 

Convention; however, the Chicago 

Convention requires compliance with 

ICAO standards only. By amending 

§ 129.11(a) to remove the incorrect 

reference to ‘‘recommended practices,’’ 

the proposed rule would clarify the 

international standards applicable to 

foreign air carriers operating within the 

United States. 

In 2007, FAA chartered the Part 129 

Aviation Rulemaking Committee (ARC) 

to provide advice, guidance and 

recommendations on comprehensive 

changes to part 129. This proposed rule 

does not address the ARC’s 

recommendations. The FAA will 

consider those recommendations in a 

future rulemaking. 

To fulfill its oversight responsibilities, 

the FAA issues operations specifications 

to foreign air carriers and foreign 

persons to ensure a common 

understanding of the scope of their 

operations. Operations specifications 

describe: (1) The scope of a foreign air 

carrier’s operations into the United 

States, including any applicable 

authorizations and limitations; and (2) 

Maintenance responsibility for U.S.- 

registered aircraft operated by foreign 

air carriers and foreign persons within 

or outside the United States. The foreign 

civil aviation authority is responsible 

for the certification and the continuing 

oversight of the air carrier or foreign 

person’s operations in accordance with 

applicable ICAO standards. 

The following table summarizes the 

proposed 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 Proposed 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 proposal would remove definitions from subchapter G 

of part 119 and include them in a new part 110. 

Existing part 129 Proposed 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 proposal 

would provide a legal basis for the amendment, suspension, or termination of Operations Specifications. 

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

FAA—No safety value (e.g., Provide names, license type and class 

held by each flight crewmember to include en route training—Lufthansa employs numerous airmen that change constantly).

Application process: The proposal would remove outdated portions of 

Appendix A and place general requirements in the new § 129.7(a). 

Specific application processes will be contained in Inspector Guidance for easy updating. In addition, the proposal would clarify and 

standardize 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 proposal would provide 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 

USC 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 proposed rule allows the FAA to recognize 

crew licenses and/or 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. 

III. Paperwork Reduction Act 

This proposal contains the following 

new information collection 

requirements. As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. section 3507(d)), the FAA has 

submitted the information requirements 

associated with this proposal to the 

Office of Management and Budget for its 

review. 

Title: Part 129 Operations 

Specifications. 

Summary: This proposed rule would 

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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 25131 

amendment, suspension and 

termination of those operations 

specifications. The proposed rule would 

also apply 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 it will 

establish a regulatory basis for current 

practices, such as amending, 

terminating or suspending operations 

specifications. 

Use of: This proposal would support 

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 proposed 

information requirement are potential 

new applicants for operations 

specifications. The average number of 

respondents is approximately twentyfive each year. 

Frequency: The FAA estimates five 

Flight Standards District Offices 

(FSDOs) will receive approximately five 

applications each per year. 

Annual Burden Estimate: This 

proposal would result in an annual 

recordkeeping and reporting burden as 

follows: 75 hours annually. 

The agency is soliciting comments 

to— 

(1) Evaluate whether the proposed 

information requirement is necessary for 

the proper performance of the functions 

of the agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of collecting 

information on those who are to 

respond, including by using appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology. 

Individuals and organizations may 

send comments on the information 

collection requirement by August 5, 

2010, and should direct them to the 

address listed in the Addresses section 

at the end of this preamble. Comments 

also should be submitted to the Office 

of Management and Budget, Office of 

Information and Regulatory Affairs, 

Attention: Desk Officer for FAA, New 

Executive Building, Room 10202, 725 

17th Street, NW., Washington, DC 

20053. 

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 OMB 

control number. The OMB control 

number for this information collection 

will be published in the Federal 

Register, after the Office of Management 

and Budget approves it. 

IV. International Compatibility 

Consistent with U.S. obligations 

under the Chicago Convention, it is the 

FAA’s policy to comply with ICAO 

standards to the maximum extent 

practicable. The proposed amendments 

will allow the FAA to carry out its 

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. 

V. Regulatory Evaluation, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Proposed changes to Federal 

Regulations must undergo several 

economic analyses. First, Executive 

Order 12866 directs each Federal agency 

to 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, use 

them as 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 

private sector, of $100 million or more 

annually (adjusted for inflation with 

base year of 1995). 

For regulations with an expected 

minimal impact, the above-specified 

analyses are not required. The 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If it is 

determined that the expected impact is 

so minimal that the proposal does not 

warrant a full evaluation, a statement to 

that effect and the basis for it is 

included in proposed regulation. 

This NPRM will have minimal 

economic impact because it does not 

propose to significantly change the rules 

regarding FAA’s obligation for safety 

oversight of foreign air carriers and 

foreign persons under the Chicago 

Convention, but actually incorporates 

ICAO standards for acceptance of 

airworthiness certificates and 

crewmember licenses under Article 

83bis of the Chicago Convention. This 

proposed rule also standardizes and 

clarifies the operations specification 

process. Accordingly, the FAA has 

determined as a result of the removal of 

outdated requirements in Appendix A, 

there may be a reduction in costs for 

foreign air carriers or persons who will 

need to apply for operations 

specifications. Due to streamlining and 

clarification of the application process, 

there may be a decrease in costs to 

foreign air carriers or persons. In 

addition, there will be some benefits to 

foreign air carriers and foreign persons 

by creating an administrative appeals 

process. The FAA requests comments 

from the public on the costs and 

benefits of this proposal, and the 

resulting determination that the 

proposals within the NPRM will have 

minimal economic impact. 

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 


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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 large 

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 proposed rule would 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 

operations specifications by 

incorporating current policies and 

procedures into the regulations. The 

proposed rule applies only to foreign air 

carriers and operations of U.S.- 

registered aircraft in common carriage 

solely outside the United States. 

Domestic operators are not impacted by 

this proposed rule. This proposed rule 

merely revises and clarifies FAA 

operations specifications application 

procedures; the expected outcome will 

not increase cost to any United States 

small entity. Therefore, the FAA 

certifies that this proposed 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 

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 

purpose of this proposed rule is to 

ensure the safety of the American 

public, and it does not exclude 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 

proposed rule considers and 

incorporates an international standard 

promulgated pursuant to the Chicago 

Convention and is consistent with 

current ICAO standards. The FAA has 

assessed the potential effect of this 

proposed rule and has determined that 

it will impose minimal costs on 

international entities and may provide 

cost-savings to these entities and thus 

have 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 

(adjusted annually for inflation) 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 NPRM does not contain such a 

mandate. Therefore, the requirements of 

Title II of the Act do not apply. 

VI. Executive Order 13132, Federalism 

The FAA has analyzed this proposed 

rule under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action would not 

have a substantial direct effect on the 

States, on 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. 

VII. Regulations Affecting Intrastate 

Aviation in Alaska 

Section 1205 of the FAA 

Reauthorization Act of 1996 (110 Stat. 

3213) requires the Administrator, when 

modifying regulations in title 14 CFR in 

a manner affecting intrastate aviation in 

Alaska, to consider the extent to which 

Alaska is not served by transportation 

modes other than aviation, and to 

establish appropriate regulatory 

distinctions. Because this proposed rule 

would apply to the application, 

amendment, suspension and 

termination of operations specifications 

of foreign air carriers that operate into 

the United States, the rule should not 

affect intrastate aviation in Alaska. 

VIII. 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 proposed 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312d and involves no 

extraordinary circumstances. 

IX. Regulations That Significantly 

Affect Energy Supply, Distribution, or 

Use 

The FAA has analyzed this NPRM 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). It 

has 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. 

X. Additional Information 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The FAA also invites comments 

relating to the economic, environmental, 

energy, or federalism impacts that might 

result from adopting the proposals in 

this document. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA asks that you 

send two copies of written comments. 

The FAA will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

The docket is available for public 

inspection before and after the comment 

closing date. If you wish to review the 

docket in person, go to the address in 

the ADDRESSES section of this preamble 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may also review the docket using 

the Internet at the web address in the 

ADDRESSES section. 

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 


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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 docket number, notice 

number, or amendment number of this 

rulemaking. 

You may access all documents the 

FAA considered in developing this 

proposed rule, including economic 

analyses and technical reports, from the 

internet through the Federal 

eRulemaking Portal referenced in the 

paragraph above. 

List of Subjects 

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 Proposed Amendments 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend chapter I of title 14, 

Code of Federal Regulations as follows: 

1. 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 

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 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 

(AMC/DOB) 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 


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(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 flight crewmembers— 

180 pounds. 

(B) For female flight crewmembers— 

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. 

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 


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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 

2. 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] 

3. Remove and reserve § 119.3. 

§ 119.51 [Amended] 

4. Amend § 119.51(c)(1)(i) by 

removing the citation ‘‘§ 119.3’’ and 

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

§ 119.53 [Amended] 

5. 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 

6. 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] 

7. Amend § 121.313 by removing the 

citation ‘‘§ 119.3’’ and adding the 

citation ‘‘§ 110.2’’ in its place. 

§ 121.582 [Amended] 

8. 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 

9. 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. 

10. 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 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. 

* * * * * 

11. 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. 

12. 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 


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(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. 

13. 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) 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 lists 

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) 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 approval of maintenance 

programs and minimum equipment lists 

for United States registered aircraft 

authorized for use; and 

(7) Any other item the Administrator 

determines is necessary. 

14. 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 


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Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 25137 

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. 

15. 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. 

* * * * * 

16. 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 

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. 

17. Revise § 129.15 to read as follows: 

§ 129.15 Flight crewmember certificates. 

Each person acting as a flight 

crewmember 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] 

18. 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 

19. 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] 

20. Amend § 135.127(b)(1)(iii) by 

removing the citation ‘‘§ 119.3’’ and 

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

§ 135.127 [Amended] 

21. Amend § 135.127(b)(2) by 

removing the citation ‘‘§ 119.3’’ and 

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

Issued in Washington, DC, on May 4, 2010. 

Raymond Towles, 

Acting Director, Flight Standards Service. 

[FR Doc. 2010–10890 Filed 5–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 173, 174, 181, and 187 

[Docket No. USCG–2003–14963] 

RIN 1625–AB45 

Changes to Standard Numbering 

System, Vessel Identification System, 

and Boating Accident Report Database 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend its rules related to numbering of 

undocumented vessels and reporting of 

casualties. These changes would align 

and modernize terminology used in the 

Standard Numbering System (SNS), the 

Vessel Identification System (VIS), and 

casualty reporting; require validation of 

vessel hull identification numbers; 

require SNS vessel owners to provide 

personally identifiable information; and 

provide administrative flexibility for 

States. Together, the proposed changes 

would improve recreational boating 

safety efforts, enhance law enforcement 

capabilities, advance maritime security, 

and clarify requirements for all 

stakeholders. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before August 5, 2010 or reach the 

Docket Management Facility by that 

date. Comments sent to the Office of 

Management and Budget (OMB) on 

collection of information must reach 

OMB on or before August 5, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2003–14963 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 


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