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 

40 

14 CFR Ch. I (1–1–24 Edition) 

§ 119.55 

certificate holder under this part au-
thorized to conduct common carriage 
operations under this subchapter shall 
provide the Administrator with a copy 
of the wet lease to be executed which 
would lease the aircraft to any other 
person engaged in common carriage op-
erations under this subchapter, includ-
ing foreign air carriers, or to any other 
foreign person engaged in common car-
riage wholly outside the United States. 

(b) No certificate holder under this 

part may wet lease from a foreign air 
carrier or any other foreign person or 
any person not authorized to engage in 
common carriage. 

(c) Upon receiving a copy of a wet 

lease, the Administrator determines 
which party to the agreement has oper-
ational control of the aircraft and 
issues amendments to the operations 
specifications of each party to the 
agreement, as needed. The lessor must 
provide the following information to be 
incorporated into the operations speci-
fications of both parties, as needed. 

(1) The names of the parties to the 

agreement and the duration thereof. 

(2) The nationality and registration 

markings of each aircraft involved in 
the agreement. 

(3) The kind of operation (e.g., do-

mestic, flag, supplemental, commuter, 
or on-demand). 

(4) The airports or areas of operation. 
(5) A statement specifying the party 

deemed to have operational control and 
the times, airports, or areas under 
which such operational control is exer-
cised. 

(d) In making the determination of 

paragraph (c) of this section, the Ad-
ministrator will consider the following: 

(1) Crewmembers and training. 
(2) Airworthiness and performance of 

maintenance. 

(3) Dispatch. 
(4) Servicing the aircraft. 
(5) Scheduling. 
(6) Any other factor the Adminis-

trator considers relevant. 

(e) Other arrangements for transpor-

tation by air: Except as provided in 
paragraph (f) of this section, a certifi-
cate holder under this part operating 
under part 121 or 135 of this chapter 
may not conduct any operation for an-
other certificate holder under this part 
or a foreign air carrier under part 129 

of this chapter or a foreign person en-
gaged in common carriage wholly out-
side the United States unless it holds 
applicable Department of Transpor-
tation economic authority, if required, 
and is authorized under its operations 
specifications to conduct the same 
kinds of operations (as defined in 
§ 110.2). The certificate holder con-
ducting the substitute operation must 
conduct that operation in accordance 
with the same operations authority 
held by the certificate holder arranging 
for the substitute operation. These sub-
stitute operations must be conducted 
between airports for which the sub-
stitute certificate holder holds author-
ity for scheduled operations or within 
areas of operations for which the sub-
stitute certificate holder has authority 
for supplemental or on-demand oper-
ations. 

(f) A certificate holder under this 

part may, if authorized by the Depart-
ment of Transportation under § 380.3 of 
this title and the Administrator in the 
case of interstate commuter, interstate 
domestic, and flag operations, or the 
Administrator in the case of scheduled 
intrastate common carriage oper-
ations, conduct one or more flights for 
passengers who are stranded because of 
the cancellation of their scheduled 
flights. These flights must be con-
ducted under the rules of part 121 or 
part 135 of this chapter applicable to 
supplemental or on-demand operations. 

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as 
amended by Amdt. 119–14, 76 FR 7488, Feb. 10, 
2011] 

§ 119.55 Obtaining deviation authority 

to perform operations under a U.S. 

military contract. 

(a) The Administrator may authorize 

a certificate holder that is authorized 
to conduct supplemental or on-demand 
operations to deviate from the applica-
ble requirements of this part, part 117, 
part 121, or part 135 of this chapter in 
order to perform operations under a 
U.S. military contract. 

(b) A certificate holder that has a 

contract with the U.S. Department of 
Defense’s Air Mobility Command 
(AMC) must submit a request for devi-
ation authority to AMC. AMC will re-
view the requests, then forward the 
carriers’ consolidated requests, along