38
14 CFR Ch. I (1–1–24 Edition)
§ 119.51
(3) Reference to the economic author-
ity issued by the Department of Trans-
portation, if required.
(4) Kind and area of operations au-
thorized.
(5) Category and class of aircraft that
may be used in those operations.
(6) Type of aircraft, registration
markings, and serial number of each
aircraft that is subject to an airworthi-
ness maintenance program required by
§ 135.411(a)(2) of this chapter.
(i) Subject to the approval of the Ad-
ministrator with regard to form and
content, the certificate holder may in-
corporate by reference the items listed
in paragraph (c)(6) of this section into
the certificate holder’s operations
specifications by maintaining a cur-
rent listing of those items and by refer-
ring to the specific list in the applica-
ble paragraph of the operations speci-
fications.
(ii) The certificate holder may not
conduct any operation using any air-
craft not listed.
(7) Registration markings of each air-
craft that is to be inspected under an
approved aircraft inspection program
under § 135.419 of this chapter.
(8) Time limitations or standards for
determining time limitations, for over-
hauls, inspections, and checks for air-
frames, engines, propellers, rotors, ap-
pliances, and emergency equipment of
aircraft that are subject to an air-
worthiness maintenance program re-
quired by § 135.411(a)(2) of this chapter.
(9) Additional maintenance items re-
quired by the Administrator under
§ 135.421 of this chapter.
(10) Aircraft wet lease information
required by § 119.53(c).
(11) Any authorized deviation or ex-
emption from any requirement of this
chapter that applies to the certificate
holder.
(12) An authorization permitting, or
a prohibition against, accepting, han-
dling, and transporting materials regu-
lated as hazardous materials in trans-
port under 49 CFR parts 171 through
180.
(13) Any other item the Adminis-
trator determines is necessary.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
amended by Amdt. 119–10, 70 FR 58823, Oct. 7,
2005; Amdt. 119–13, 75 FR 26645, May 12, 2010;
Docket No. FAA–2022–1563; Amdt. No. 119–20,
88 FR 48089, July 26, 2023]
§ 119.51 Amending operations speci-
fications.
(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 certificate holder applies for
the amendment, and the Administrator
determines that safety in air com-
merce and the public interest allows
the amendment.
(b) Except as provided in paragraph
(e) of this section, when the Adminis-
trator initiates an amendment to a cer-
tificate holder’s operations specifica-
tions, the following procedure applies:
(1) The responsible Flight Standards
office notifies the certificate holder in
writing of the proposed amendment.
(2) The responsible Flight Standards
office sets a reasonable period (but not
less than 7 days) within which the cer-
tificate holder may submit written in-
formation, views, and arguments on
the amendment.
(3) After considering all material pre-
sented, the responsible Flight Stand-
ards office notifies the certificate hold-
er of—
(i) The adoption of the proposed
amendment;
(ii) The partial adoption of the pro-
posed amendment; or
(iii) The withdrawal of the proposed
amendment.
(4) If the responsible Flight Stand-
ards office issues an amendment to the
operations specifications, it becomes
effective not less than 30 days after the
certificate holder receives notice of it
unless—
(i) The responsible Flight Standards
office finds under paragraph (e) of this
section that there is an emergency re-
quiring immediate action with respect
to safety in air commerce; or
39
Federal Aviation Administration, DOT
§ 119.53
(ii) The certificate holder petitions
for reconsideration of the amendment
under paragraph (d) of this section.
(c) When the certificate holder ap-
plies for an amendment to its oper-
ations specifications, the following
procedure applies:
(1) The certificate holder 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, unless
a shorter time is approved, in cases of
mergers; acquisitions of airline oper-
ational assets that require an addi-
tional showing of safety (e.g., proving
tests); changes in the kind of operation
as defined in § 110.2; resumption of oper-
ations following a suspension of oper-
ations as a result of bankruptcy ac-
tions; or the initial introduction of air-
craft not before proven for use in air
carrier or commercial operator oper-
ations.
(ii) At least 15 days before the date
proposed by the applicant for the
amendment to become effective in all
other cases.
(2) The application must be sub-
mitted to the responsible Flight Stand-
ards office in a form and manner pre-
scribed by the Administrator.
(3) After considering all material pre-
sented, the responsible Flight Stand-
ards office notifies the certificate hold-
er of—
(i) The adoption of the applied for
amendment;
(ii) The partial adoption of the ap-
plied for amendment; or
(iii) The denial of the applied for
amendment. The certificate holder
may petition for reconsideration of a
denial under paragraph (d) of this sec-
tion.
(4) If the responsible Flight Stand-
ards office approves the amendment,
following coordination with the certifi-
cate holder regarding its implementa-
tion, the amendment is effective on the
date the Administrator approves it.
(d) When a certificate holder seeks
reconsideration of a decision from the
responsible Flight Standards office
concerning the amendment of oper-
ations specifications, the following
procedure applies:
(1) The certificate holder must peti-
tion for reconsideration of that deci-
sion within 30 days of the date that the
certificate holder receives a notice of
denial of the amendment to its oper-
ations specifications, or of the date it
receives notice of an FAA-initiated
amendment to its operations specifica-
tions, whichever circumstance applies.
(2) The certificate holder must ad-
dress its petition to the Executive Di-
rector, Flight Standards Service.
(3) A petition for reconsideration, if
filed within the 30-day period, suspends
the effectiveness of any amendment
issued by the responsible Flight Stand-
ards office unless the responsible
Flight Standards office has found,
under paragraph (e) of this section,
that an emergency exists requiring im-
mediate action with respect to safety
in air transportation or air commerce.
(4) If a petition for reconsideration is
not filed within 30 days, the procedures
of paragraph (c) of this section apply.
(e) If the responsible Flight Stand-
ards office finds that an emergency ex-
ists requiring immediate action with
respect to safety in air commerce or
air transportation that makes the pro-
cedures set out in this section imprac-
ticable or contrary to the public inter-
est:
(1) The responsible Flight Standards
office amends the operations specifica-
tions and makes the amendment effec-
tive on the day the certificate holder
receives notice of it.
(2) In the notice to the certificate
holder, the responsible Flight Stand-
ards office articulates the reasons for
its finding that an emergency exists re-
quiring immediate action with respect
to safety in air transportation or air
commerce or that makes it impracti-
cable or contrary to the public interest
to stay the effectiveness of the amend-
ment.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
amended by Amdt. 119–14, 76 FR 7488, Feb. 10,
2011; Docket FAA–2018–0119, Amdt. 119–19, 83
FR 9172, Mar. 5, 2018]
§ 119.53 Wet leasing of aircraft and
other arrangements for transpor-
tation by air.
(a) Unless otherwise authorized by
the Administrator, prior to conducting
operations involving a wet lease, each