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—
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
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