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392 

14 CFR Ch. I (1–1–24 Edition) 

§ 129.9 

(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 appro-
priate written authority issued to that 
officer or employee by the applicant. 

(c) A foreign applicant may be issued 

operations specifications, if after re-
view, the Administrator finds the ap-
plicant— 

(1) Meets the applicable requirements 

of this part; 

(2) Holds the economic or exemption 

authority required by the Department 
of Transportation, applicable to the op-
erations to be conducted; 

(3) Complies with the applicable secu-

rity requirements of 49 CFR chapter 
XII; 

(4) Is properly and adequately 

equipped to conduct the operations de-
scribed in the operations specifica-
tions; and 

(5) Holds a valid air operator certifi-

cate issued by the State of the Oper-
ator. 

(d) An application may be denied if 

the Administrator finds that the appli-
cant is not properly or adequately 
equipped to conduct the operations to 
be described in the operations speci-
fications. 

[Doc. No. FAA–2009–0140; 76 FR 7489, Feb. 10, 
2011] 

§ 129.9 Contents of operations speci-

fications. 

(a) The contents of operations speci-

fications issued to a foreign air carrier 
conducting operations within the 
United States under § 129.1(a) shall in-
clude: 

(1) The specific location and mailing 

address of the applicant’s principal 
place of business in the State of the 
Operator and, if different, the address 
that will serve as the primary point of 
contact for correspondence between the 
FAA and the foreign air carrier; 

(2) Within 1 year after February 10, 

2011, the designation of an agent for 
service within the United States, in-
cluding the agent’s full name and office 
address or usual place of residence; 

(3) The certificate number and valid-

ity of the foreign air carrier’s Air Oper-

ator 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 registra-

tion markings of each aircraft; 

(6) The approved maintenance pro-

gram and minimum equipment list for 
United States registered aircraft au-
thorized for use; and 

(7) Any other item the Administrator 

determines is necessary. 

(b) The contents of operations speci-

fications issued to a foreign air carrier 
or foreign person operating U.S.-reg-
istered aircraft solely outside the 
United States in common carriage in 
accordance with § 129.1(b) shall in-
clude— 

(1) The specific location and mailing 

address of the principal place of busi-
ness in the State of the Operator and, 
if different, the address that will serve 
as the primary point of contact for cor-
respondence between the FAA and the 
foreign air carrier or foreign person; 

(2) Within 1 year after February 10, 

2011, the designation of an agent for 
service within the United States, in-
cluding the agent’s full name and office 
address or usual place of residence; 

(3) In the case of a foreign air carrier, 

the certificate number and validity of 
the foreign air carrier’s Air Operator 
Certificate issued by the State of the 
Operator; 

(4) Any other business names under 

which the foreign air carrier or foreign 
person may operate; 

(5) The type, registration markings, 

and serial number of each United 
States registered aircraft authorized 
for use; 

(6) The approved maintenance pro-

gram and minimum equipment list for 
United States registered aircraft au-
thorized for use; and 

(7) Any other item the Administrator 

determines is necessary. 

[Doc. No. FAA–2009–0140; 76 FR 7489, Feb. 10, 
2011; Amdt. 129–49–A, 76 FR 15212, Mar. 21, 
2011] 

§ 129.11 Amendment, suspension and 

termination of operations specifica-

tions. 

(a) The Administrator may amend 

any operations specifications issued 
under this part if— 

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393 

Federal Aviation Administration, DOT 

§ 129.11 

(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 specifica-
tions issued under this part if the Ad-
ministrator 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 Ad-
ministrator initiates an action to 
amend, suspend or terminate a foreign 
air carrier or foreign person’s oper-
ations specifications, the following 
procedure applies: 

(1) The responsible Flight Standards 

office notifies the foreign air carrier or 
foreign person in writing of the pro-
posed amendment, suspension or termi-
nation. 

(2) The responsible Flight Standards 

office sets a reasonable period (but not 
less than 7 days) within which the for-
eign air carrier or foreign person may 
submit written information, views, and 
arguments on the amendment, suspen-
sion or termination. 

(3) After considering all material pre-

sented, the responsible Flight Stand-
ards office notifies the foreign air car-
rier or foreign person of— 

(i) The adoption of the proposed 

amendment, suspension or termi-
nation; 

(ii) The partial adoption of the pro-

posed amendment, suspension or termi-
nation; or 

(iii) The withdrawal of the proposed 

amendment, suspension or termi-
nation. 

(4) If the responsible Flight Stand-

ards 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 no-
tice of it unless— 

(i) The responsible Flight Standards 

office finds under paragraph (g) of this 
section that there is an emergency re-
quiring 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 termi-
nation under paragraph (e) of this sec-
tion. 

(d) When the foreign air carrier or 

foreign person applies for an amend-
ment 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 addi-
tional showing to Department of 
Transportation for economic author-
ity; major changes in the type of oper-
ation; and resumption of operations 
following a suspension of operations as 
a result of bankruptcy actions, unless a 
shorter time is approved by the Admin-
istrator. 

(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 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 foreign air car-
rier or foreign person 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. 

(4) If the responsible Flight Stand-

ards 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 office approves it. 

(e) The foreign air carrier or foreign 

person may petition for reconsider-
ation of a full or partial adoption of an 
amendment, a denial of an amendment 
or a suspension or termination of oper-
ations specifications. 

(f) When a foreign air carrier or for-

eign person seeks reconsideration of a 
decision from the responsible Flight 

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394 

14 CFR Ch. I (1–1–24 Edition) 

§ 129.13 

Standards office concerning the 
amendment, suspension or termination 
of operations specifications, the fol-
lowing procedure applies: 

(1) The foreign air carrier or foreign 

person must petition for reconsider-
ation of that decision within 30 days 
after the date that the foreign air car-
rier or foreign person receives a notice 
of the decision. 

(2) The foreign air carrier or foreign 

person must address its petition to the 
Executive 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 office 
unless the responsible Flight Standards 
office has found, under paragraph (g) of 
this section, that an emergency exists 
requiring immediate action with re-
spect to safety in air transportation or 
air commerce. 

(g) 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, that office may make the amend-
ment, suspension or termination effec-
tive 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 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 effec-
tiveness of the amendment, suspension 
or termination. 

[Doc. No. FAA–2009–0140, 76 FR 7490, Feb. 10, 
2011, as amended by Docket FAA–2018–0119, 
Amdt. 129–53, 83 FR 9174, Mar. 5, 2018] 

§ 129.13 Airworthiness and registra-

tion 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 mark-
ings of the State of Registry, and an 

airworthiness certificate issued or vali-
dated by: 

(1) The State of Registry; or 
(2) The State of the Operator, pro-

vided that the State of the Operator 
and the State of Registry have entered 
into an agreement under Article 83

bis 

of the Convention on International 
Civil Aviation that covers the aircraft. 

(b) No foreign air carrier may operate 

a foreign aircraft within the United 
States except in accordance with the 
limitations on maximum certificated 
weights prescribed for that aircraft and 
that operation by the country of manu-
facture of the aircraft. 

[Doc. No. 1994, 29 FR 1720, Feb. 5, 1964, as 
amended by Amdt. 129–33, 67 FR 42455, June 
21, 2002; Amdt. 129–49, 76 FR 7490, Feb. 10, 
2011] 

§ 129.14 Maintenance program and 

minimum equipment list require-

ments for U.S.-registered aircraft. 

(a) Each foreign air carrier and each 

foreign person operating a U.S.-reg-
istered aircraft within or outside the 
United States in common carriage 
must ensure that each aircraft is main-
tained in accordance with a program 
approved by the Administrator in the 
operations specifications. 

(b) No foreign air carrier or foreign 

person may operate a U.S.-registered 
aircraft with inoperable instruments or 
equipment unless the following condi-
tions are met: 

(1) A master minimum equipment list 

exists for the aircraft type. 

(2) The foreign operator submits for 

review and approval its aircraft min-
imum equipment list based on the mas-
ter minimum equipment list, to the re-
sponsible Flight Standards office for 
the operator. The foreign operator 
must show, before minimum equipment 
list approval can be obtained, that the 
maintenance procedures used under its 
maintenance program are adequate to 
support the use of its minimum equip-
ment list. 

(3) For leased aircraft maintained 

and operated under a U.S. operator’s 
continuous airworthiness maintenance 
program and FAA-approved minimum 
equipment list, the foreign operator 
submits the U.S. operator’s approved 
continuous airworthiness maintenance