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
395
Federal Aviation Administration, DOT
§ 129.17
program and approved aircraft min-
imum equipment list to the FAA office
prescribed in paragraph (b)(2) of this
section for review and evaluation. The
foreign operator must show that it is
capable of operating under the lessor’s
approved maintenance program and
that it is also capable of meeting the
maintenance and operational require-
ments specified in the lessor’s approved
minimum equipment list.
(4) The FAA operations specification
permitting the operator to use an ap-
proved minimum equipment list is car-
ried aboard the aircraft. An approved
minimum equipment list, as authorized
by the operations specifications, con-
stitutes an approved change to the
type design without requiring recertifi-
cation.
(5) The approved minimum equip-
ment list provides for the operation of
the aircraft with certain instruments
and equipment in an inoperable condi-
tion.
(6) The aircraft records available to
the pilot must include an entry de-
scribing the inoperable instruments
and equipment.
(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.
[Doc. No. 24856, 52 FR 20029, May 28, 1987, as
amended by Amdt. 129–49, 76 FR 7490, Feb. 10,
2011; Docket FAA–2018–0119, Amdt. 129–53, 83
FR 9174, Mar. 5, 2018]
§ 129.15 Flightcrew member certifi-
cates.
Each person acting as a flightcrew
member must hold a certificate or li-
cense that shows the person’s ability to
perform duties in connection with the
operation of the aircraft. The certifi-
cate 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, 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.
[Doc. No. FAA–2009–0140; 76 FR 7491, Feb. 10,
2011]
§ 129.17 Aircraft communication and
navigation equipment for oper-
ations under IFR or over the top.
(a)
Aircraft navigation equipment re-
quirements—General.
No foreign air car-
rier may conduct operations under IFR
or over the top unless—
(1) The en route navigation aids nec-
essary for navigating the aircraft along
the route (e.g., ATS routes, arrival and
departure routes, and instrument ap-
proach procedures, including missed
approach procedures if a missed ap-
proach routing is specified in the pro-
cedure) are available and suitable for
use by the aircraft navigation equip-
ment required by this section;
(2) The aircraft used in those oper-
ations is equipped with at least the fol-
lowing—
(i) Except as provided in paragraph
(c) of this section, two approved inde-
pendent navigation systems suitable
for navigating the aircraft along the
route to be flown within the degree of
accuracy required for ATC;
(ii) One marker beacon receiver pro-
viding visual and aural signals; and
(iii) One ILS receiver; and
(3) Any RNAV system used to meet
the navigation equipment require-
ments of this section is authorized in
the foreign air carrier’s operations
specifications.
(b)
Aircraft communication equipment
requirements.
No foreign air carrier may
operate an aircraft under IFR or over
the top, unless it is equipped with—
(1) At least two independent commu-
nication systems necessary under nor-
mal operating conditions to fulfill the
functions specified in § 121.347(a) of this
chapter; and
(2) At least one of the communica-
tion systems required by paragraph
(b)(1) of this section must have two-
way voice communication capability.
(c)
Use of a single independent naviga-
tion system for operations under IFR or
over the top.
Notwithstanding the re-
quirements of paragraph (a)(2)(i) of this
section, the aircraft may be equipped
with a single independent navigation
system suitable for navigating the air-
craft along the route to be flown with-
in the degree of accuracy required for
ATC if:
(1) It can be shown that the aircraft
is equipped with at least one other