[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Rules and Regulations]
[Pages 7482-7491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2834]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 45, 110, 119, 121, 129, and 135
[Docket No. FAA-2009-0140; Amendment Nos. 45-27, 110-1, 119-14, 121-
353, 129-49, and 135-124]
RIN 2120-AJ45
Operations Specifications
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This amendment clarifies and standardizes the rules for
applications by foreign air carriers and foreign persons for part 129
operations specifications and establishes new standards for amendment,
suspension, and termination of those operations specifications. In
addition, the FAA has moved definitions currently contained in a
subpart to a separate part for clarity with no substantive changes to
the definitions. The amendment also applies to foreign persons
operating U.S.-registered aircraft in common carriage solely outside
the United States. This action is necessary to update the process for
issuing operations specifications and establishes a regulatory basis
for current practices, such as amending, terminating, or suspending
operations specifications.
DATES: Effective Date: These amendments become effective April 11,
2011.
Compliance Date: The compliance date for Sec. 129.9(a)(2) and
(b)(2) is February 10, 2012. Affected parties do not have to comply
with the information collection requirement in Sec. 129.7 until the
FAA publishes in the Federal Register the control number assigned by
the Office of Management and Budget (OMB) for this information
collection requirement. Publication of the control number notifies the
public that OMB has approved this information collection requirement
under the Paperwork Reduction Act of 1995. Compliance with all other
provisions of the final rule is required by April 11, 2011.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this final rule contact Darcy D. Reed, International Programs and
Policy Division, AFS-50, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591; e-
mail: [email protected]; Telephone: 202-385-8078. For legal
questions concerning this final rule contact Lorna John, Office of the
Chief Counsel, Regulations Division, AGC-200, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591; e-
mail: [email protected]; Telephone: 202-267-3921.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is issued under the authority described in Title 49
of the United States Code, subtitle VII, part A, subpart III, section
44701(a)(5). Under that section, the Administrator is charged with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations and minimum standards for practices, methods, and
procedures the Administrator finds necessary to ensure safety in air
commerce. Clarifying and standardizing the rules for application and
establishing new standards for amendment, suspension, and termination
of operations specifications issued to foreign air carriers operating
in the United States and to foreign air carriers or foreign persons
conducting common carriage operations with U.S.-registered aircraft
solely outside the United States enhances the FAA's oversight of U.S.-
registered aircraft and those foreign air carriers' operations within
the United States.
[[Page 7483]]
Background
A. Summary of the Notice of Proposed Rulemaking (NPRM)
On May 7, 2010, the FAA published an NPRM that proposed to amend
the regulations governing foreign air carrier operations within the
United States and the operations of U.S.-registered aircraft solely
outside the United States in common carriage (75 FR 25127).
Specifically, the FAA proposed to clarify and standardize the rules for
applications by foreign air carriers and foreign persons for operations
specifications issued under 14 CFR part 129 and establish new standards
for amendment, suspension, and termination of those operations
specifications. In addition, the FAA proposed moving definitions
currently contained in part 119 to a new part 110 for clarity with no
substantive changes to the definitions. The comment period closed on
August 5, 2010. As discussed below, the FAA received no adverse
comments on the NPRM; therefore, the changes to the regulations in the
final rule are the same as proposed in the NPRM, except for minor
editorial changes.
B. Summary of the Final Rule
This final rule clarifies and standardizes the rules for
applications for operations specifications issued under 14 CFR part 129
by foreign air carriers conducting operations within the United States
and foreign air carriers and foreign persons operating U.S.-registered
aircraft in common carriage solely outside the United States. The rule
also establishes new standards for amendment, suspension and
termination of those operations specifications. As described in the
NPRM, this final rule adds three new sections to subpart A, Sec.
129.5, Operations Specifications; Sec. 129.7, Application, issuance,
or denial of operations specifications; and Sec. 129.9 Contents of
operations specifications. It also amends Sec. 129.11 to specifically
address amendment, suspension, and termination of operations
specifications.
Section 129.5 describes which foreign air carriers or foreign
persons must hold FAA operations specifications and the effective
period of such operations specifications. Section 129.5 also requires
the foreign air carrier to keep each of its employees, and other
persons used in its operations, informed of the provisions of its FAA-
issued operations specifications that apply to that employee's or
person's duties and responsibilities. Section 129.5(b) includes and
revises provisions formerly contained in the introductory paragraph of
Sec. 129.11(a), removes the incorrect reference to ``Recommended
Practices,'' and adds a requirement for foreign air carriers to comply
with the Standards of Annex 8 to the Convention on International Civil
Aviation (the Chicago Convention).
Section 129.7 includes new provisions governing the application,
issuance, and denial of operations specifications. As discussed in the
NPRM, the new application process required removal of the outdated
requirements contained in part 129, appendix A.
Section 129.9 defines the content of operations specifications to
be issued to either a foreign air carrier conducting operations within
the United States, or a foreign air carrier or foreign person operating
U.S.-registered aircraft solely outside the United States in common
carriage.
Section 129.11 establishes requirements for amendments,
suspensions, and terminations of operations specifications. The
amendment process is consistent with the process for amending
operations specifications issued to domestic operators under part 119.
Under the new rule, an applicant may apply to the responsible Flight
Standards District Office (FSDO) for an amendment of its operations
specifications, or the Administrator may amend operations
specifications if the Administrator determines that safety in air
commerce and the public interest require the amendment. Following an
adverse decision, the applicant may submit a petition for
reconsideration to the Director, Flight Standards Service within 30
days after the date the foreign air carrier or foreign person receives
a notice of the decision. The filing of the petition for
reconsideration suspends the decision unless the Administrator
determines that an emergency exists requiring immediate action to
maintain safety in air commerce or air transportation. For suspension
and termination, the final rule establishes a process similar to that
used for amendments; however, the Administrator may conduct
consultations under relevant Air Services Agreements prior to
suspending or terminating an operations specification.
The final rule amends Sec. 129.13, the aircraft airworthiness and
registration certificate requirements, to include recognition of the
validity of certificates of airworthiness issued or validated by a
State of the Operator under Article 83bis of the Chicago Convention.
Currently Sec. 129.13 requires airworthiness certificates for foreign
air carriers to be issued or validated by the State of Registry and
does not recognize Article 83bis agreements with the State of the
Operator. The U.S. obligation to recognize those certificates is stated
in inspector handbook guidance. The amended provisions in Sec. 129.13
allow recognition of third-party transfers of airworthiness
certificates under Article 83bis agreements registered with the
International Civil Aviation Organization (ICAO).
Similarly, Sec. 129.15 provides for the recognition of the
validity of crew licenses (certificates) issued or validated by a State
of the Operator under agreements whereby the State of Registry of an
aircraft transfers certain oversight functions to the State of the
Operator of the aircraft in accordance with Article 83bis of the
Chicago Convention. Although this U.S. obligation is currently stated
in inspector handbook guidance, Sec. 129.15 provides a legal basis for
recognition of those crew licenses (certificates).
As discussed in the NPRM, the final rule amends Sec. 129.14 by
changing the FAA approval process for the minimum equipment list (MEL)
and maintenance programs of U.S.-registered aircraft used by foreign
air carriers and foreign persons in common carriage. Under the final
rule, the FAA will grant maintenance program and minimum equipment list
approval for U.S.-registered aircraft in FAA-issued operations
specifications, which is the practice FAA field offices currently
follow.
With the addition of Sec. Sec. 129.5, 129.7, 129.9, and the
amendments to Sec. Sec. 129.11 and 129.14, the FAA is clarifying the
applicability of part 129 to certain operations of U.S.-registered
aircraft operated solely outside the United States in common carriage
by a foreign person or foreign air carrier. Therefore, the FAA is
revising Sec. 129.1(b) to clarify that Sec. Sec. 129.5, 129.7, 129.9,
129.11, 129.14, 129.20, and 129.24 and subpart B apply to U.S.-
registered aircraft operated solely outside the United States in common
carriage by a foreign person or foreign air carrier.
As discussed in the NPRM, the FAA has transferred all of the
definitions in Sec. 119.3 to a new part 110. This change clarifies
that all of the definitions formerly located in Sec. 119.3 apply to
subchapter G, including part 129. Section 119.3 is redesignated as
Sec. 110.2, and all of the references in parts 45, 119, 121 and 135 of
subchapter G to the definitions formerly contained in Sec. 119.3 were
changed to Sec. 110.2. These changes to parts 110, 119, 121 and 135
are editorial in nature, and the FAA has made no substantive changes to
any of
[[Page 7484]]
the definitions transferred to the new part. Further, this editorial
change will have no impact on the applicability of the definitions
contained in 14 CFR part 1 to subchapter G, unless otherwise specified.
Additionally, the final rule eliminates the outdated reference to
the Civil Aeronautics Board (CAB) in 14 CFR Sec. 129.1(a)(1) because
the CAB no longer exists, and all economic authority is now granted by
the Department of Transportation (DOT).
The following table summarizes the changes to existing provisions
of parts 119 and 129, identifies new provisions, and references the
relevant ICAO standard implemented in the rule, if applicable.
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Existing part 119 New part 110
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Definitions: Definitions applicable Definitions: The final rule removes
to part 129 are currently included definitions from subchapter G of
in part 119, subchapter G. Since part 119 and includes them in a
part 119 applies to certification new part 110.
requirements for part 135 and 121
operators, there is potential
confusion concerning whether
subchapter G applies to part 129.
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Existing part 129 Part 129 changes
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Ops Specs--Amendment, suspension or Ops Specs--Amendment, suspension or
termination: Current regulations termination: The final rule
do not provide for the amendment, provides a legal basis for the
suspension, or termination of amendment, suspension, and
Operations Specifications. termination of Operations
Information is currently in the Specifications.
Inspector Guidance.
Application process: The Application process: The final rule
application process and removes outdated portions of part
requirements are outdated and 129, appendix A and places general
impose an unnecessary burden on requirements in the new Sec.
the operator and the FAA, with no 129.7(a). Specific application
safety value (e.g., provide names, processes will be contained in
license type and class held by Inspector Guidance for easy
each flightcrew member to include updating. In addition, the final
en route training--certificate rule clarifies and standardizes
holders could employ numerous the rules for applications by
airmen and the required foreign air carriers and foreign
information could change persons for operations
frequently). specifications issued under 14 CFR
part 129.
Appeal process for foreign Appeal process for foreign
operators: There is no formal operators: The final rule provides
administrative process for a an administrative appeals process
foreign operator to appeal a allowing foreign operators and
decision to amend, suspend, or foreign persons to submit a
terminate its operations petition for reconsideration to
specifications. the Director, Flight Standards
Service, before seeking judicial
review under 49 U.S.C. 46110.
Chicago Convention: There is no Chicago Convention: The final rule
regulatory provision for the allows the FAA to recognize crew
recognition of Article 83bis of licenses and airworthiness
the Chicago Convention. However, certificates issued or validated
current FAA guidance contains this by a State of the Operator under
information. (Note: Article 83bis agreements whereby the State of
allows the transfer of certain Registry of an aircraft transfers
functions and duties from the certain oversight functions to the
State of Registry to the State of State of the Operator in
the Operator under an agreement accordance with Article 83bis of
between the States concerned.) the Chicago Convention.
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C. Summary of Comments
The FAA received one comment in response to the NPRM. The
commenter, Air Pacific Limited, had no objection to the proposal.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
This final rule will impose new information collection requirements
as described below. As required by the Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)), the FAA has submitted these information collection
amendments to OMB for its review. Notice of OMB approval for this
information collection will be published in a future Federal Register
document.
Title: Part 129 Operations Specifications
Summary: This rule will clarify and standardize the rules for
applications by foreign air carriers and foreign persons for operations
specifications issued under 14 CFR part 129 and establish new standards
for amendment, suspension and termination of those operations
specifications. This final rule will also apply to foreign air carriers
and foreign persons operating U.S.-registered aircraft in common
carriage solely outside the United States. This action is necessary to
update the process for issuing operations specifications, and it will
establish a regulatory basis for current practices, such as amending,
terminating, and suspending operations specifications.
Public comments: The FAA did not receive any comments concerning
the proposed information collection requirements.
Use: This final rule supports the information needs of the FAA in
order to maintain an adequate level of safety oversight.
Respondents (including number of): The likely respondents to this
information requirement are potential new applicants for operations
specifications. The average number of respondents is approximately 25
each year.
Frequency: The FAA estimates five FSDOs will receive approximately
five applications each per year.
Annual Burden Estimate: This final rule opens a new information
collection requirement and as a result the FAA will begin recording an
annual recordkeeping and reporting burden as follows: 75 hours
annually. However, the FAA has streamlined the application process and
reduced the burden to less than it would have been in the absence of
the rule.
International Compatibility
Consistent with U.S. obligations under the Chicago Convention, it
is the FAA's policy to conform our regulations to ICAO standards to the
maximum extent practicable. The final rule will allow the FAA to carry
out its
[[Page 7485]]
obligations under the Chicago Convention by providing for the
recognition of the validity of certificates of airworthiness and crew
licenses issued or validated by a State of the Operator in accordance
with Article 83bis of the Chicago Convention. Additionally, the
provisions relating to the issuance of operations specifications are
consistent with the ICAO standard for issuing operations specifications
to operators conducting international air transportation.
The European Aviation Safety Agency (EASA) obtained competence from
the European Parliament to regulate third country operators of aircraft
engaged in commercial operations into, within, or out of the European
Community (EC) in 2008. Regulation (EC) No 216/2008 provides competence
to EASA to issue and renew authorizations for third country operators
and to amend, limit, suspend or revoke the relevant authorization. The
FAA will continue to coordinate with EASA on methods to streamline the
operations specifications process, as appropriate.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, the Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
Tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a final rule does not
warrant a full evaluation, this order permits that a statement to that
effect and the basis for it to be included in the preamble, if a full
regulatory evaluation of the cost and benefits is not prepared. Such a
determination has been made for this final rule. The reasoning for this
determination follows:
This final rule will not impose costs on domestic operators since
it only applies to foreign air carriers and foreign persons. The rule
removes outdated requirements in the application process, and therefore
may result in a reduction in costs for foreign air carriers or foreign
persons who will apply for operations specifications. By clarifying and
standardizing the operations specifications application process,
providing a regulatory basis for amendment, suspension and termination
of those operations specifications, and creating an administrative
appeals process, the rule may result in some benefits to foreign air
carriers and foreign persons. It will impose minimal costs on the FAA
because it will not significantly change the rules regarding the FAA's
obligation for safety oversight of foreign air carriers and foreign
persons under the Chicago Convention. Additionally, this rule
incorporates new provisions for the recognition of airworthiness
certificates and crewmember licenses under Article 83bis of the Chicago
Convention. In the NPRM, the FAA requested, but did not receive,
comments on the costs and benefits of the proposed changes. For these
reasons we conclude that this final rule will have minimal economic
impact.
FAA has, therefore, determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare an initial regulatory flexibility analysis as described in the
RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This rule clarifies and standardizes the rules for applications by
foreign air carriers and foreign persons for operations specifications
issued under 14 CFR part 129 and establishes new standards for
amendment, suspension, and termination of operations specifications.
The rule applies to foreign air carriers operating within the United
States and foreign persons operating U.S.-registered aircraft in common
carriage solely outside the United States. As the rule removes outdated
requirements in the application process, it may result in a reduction
in costs for foreign air carriers or foreign persons who will apply for
operations specifications. Furthermore, it creates an administrative
appeals process that may result in some benefits to foreign air
carriers and foreign persons. Domestic operators are not impacted by
this rule. This rule merely revises and clarifies the FAA operations
specifications application process; the expected outcome will not
increase cost to any United States small entity. Furthermore, there
were no comments regarding small business impacts. Therefore, as FAA
Administrator, I certify that this rule will not have a significant
economic impact on a substantial number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to
[[Page 7486]]
the foreign commerce of the United States, so long as the standard has
a legitimate domestic objective, such as the protection of safety, and
does not operate in a manner that excludes imports that meet this
objective. The statute also requires consideration of international
standards and, where appropriate, that they be the basis for U.S.
standards. The FAA has assessed the potential effect of this final rule
and determined that it may provide minimal cost savings to
international entities and thus has a neutral trade impact.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and Tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $143.1 million in lieu of $100
million.
This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The FAA has determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have federalism
implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312d and involves no extraordinary
circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order and it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy.
Availability of Rulemaking Documents
You can get an electronic copy of rulemaking documents using the
Internet by--
1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment or docket number of this rulemaking.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://DocketsInfo.dot.gov.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact your local FAA official, or
the person listed under the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects
14 CFR Part 45
Aircraft, Exports, Signs and symbols.
14 CFR Part 110
Administrative practice and procedure, Air carriers, Aircraft,
Aviation safety, Charter flights, Reporting and recordkeeping
requirements.
14 CFR Part 119
Administrative practice and procedure, Air carriers, Aircraft,
Aviation safety, Charter flights, Reporting and recordkeeping
requirements.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety,
Charter flight, Drug abuse, Drug testing, Reporting and recordkeeping
requirements, Safety, Transportation.
14 CFR Part 129
Air carriers, Aircraft, Aviation safety, Reporting and
recordkeeping requirements, Security measures, Smoking.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug
abuse, Drug testing, Reporting and recordkeeping requirements.
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
PART 45--IDENTIFICATION AND REGISTRATION MARKING
0
1. The authority citation for part 45 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 44109, 40113-40114, 44101-
44105, 44107-44108, 44110-44111, 44504, 44701, 44708-44709, 44711-
44713, 44725, 45302-45303, 46104, 46304, 46306, 47122.
Sec. 45.11 [Amended]
0
2. Amend Sec. 45.11(g)(1)(ii) and (g)(3) by removing the citation
``Sec. 119.3'' and adding the citation ``Sec. 110.2'' in its place.
0
3. Add part 110 to read as follows:
PART 110--GENERAL REQUIREMENTS
Sec.
110.1 Applicability.
110.2 Definitions.
Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113,
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.
Sec. 110.1 Applicability.
This part governs all operations conducted under subchapter G of
this chapter.
Sec. 110.2 Definitions
For the purpose of this subchapter, the term--
All-cargo operation means any operation for compensation or hire
that
[[Page 7487]]
is other than a passenger-carrying operation or, if passengers are
carried, they are only those specified in Sec. 121.583(a) or Sec.
135.85 of this chapter.
Certificate-holding district office means the Flight Standards
District Office that has responsibility for administering the
certificate and is charged with the overall inspection of the
certificate holder's operations.
Commercial air tour means a flight conducted for compensation or
hire in an airplane or helicopter where a purpose of the flight is
sightseeing. The FAA may consider the following factors in determining
whether a flight is a commercial air tour:
(1) Whether there was a holding out to the public of willingness to
conduct a sightseeing flight for compensation or hire;
(2) Whether the person offering the flight provided a narrative
that referred to areas or points of interest on the surface below the
route of the flight;
(3) The area of operation;
(4) How often the person offering the flight conducts such flights;
(5) The route of flight;
(6) The inclusion of sightseeing flights as part of any travel
arrangement package;
(7) Whether the flight in question would have been canceled based
on poor visibility of the surface below the route of the flight; and
(8) Any other factors that the FAA considers appropriate.
Commuter operation means any scheduled operation conducted by any
person operating one of the following types of aircraft with a
frequency of operations of at least five round trips per week on at
least one route between two or more points according to the published
flight schedules:
(1) Airplanes, other than turbojet-powered airplanes, having a
maximum passenger-seat configuration of 9 seats or less, excluding each
crewmember seat, and a maximum payload capacity of 7,500 pounds or
less; or
(2) Rotorcraft.
Direct air carrier means a person who provides or offers to provide
air transportation and who has control over the operational functions
performed in providing that transportation.
DOD commercial air carrier evaluator means a qualified Air Mobility
Command, Survey and Analysis Office cockpit evaluator performing the
duties specified in Public Law 99-661 when the evaluator is flying on
an air carrier that is contracted or pursuing a contract with the U.S.
Department of Defense (DOD).
Domestic operation means any scheduled operation conducted by any
person operating any airplane described in paragraph (1) of this
definition at locations described in paragraph (2) of this definition:
(1) Airplanes:
(i) Turbojet-powered airplanes;
(ii) Airplanes having a passenger-seat configuration of more than 9
passenger seats, excluding each crewmember seat; or
(iii) Airplanes having a payload capacity of more than 7,500
pounds.
(2) Locations:
(i) Between any points within the 48 contiguous States of the
United States or the District of Columbia; or
(ii) Operations solely within the 48 contiguous States of the
United States or the District of Columbia; or
(iii) Operations entirely within any State, territory, or
possession of the United States; or
(iv) When specifically authorized by the Administrator, operations
between any point within the 48 contiguous States of the United States
or the District of Columbia and any specifically authorized point
located outside the 48 contiguous States of the United States or the
District of Columbia.
Empty weight means the weight of the airframe, engines, propellers,
rotors, and fixed equipment. Empty weight excludes the weight of the
crew and payload, but includes the weight of all fixed ballast,
unusable fuel supply, undrainable oil, total quantity of engine
coolant, and total quantity of hydraulic fluid.
Flag operation means any scheduled operation conducted by any
person operating any airplane described in paragraph (1) of this
definition at the locations described in paragraph (2) of this
definition:
(1) Airplanes:
(i) Turbojet-powered airplanes;
(ii) Airplanes having a passenger-seat configuration of more than 9
passenger seats, excluding each crewmember seat; or
(iii) Airplanes having a payload capacity of more than 7,500
pounds.
(2) Locations:
(i) Between any point within the State of Alaska or the State of
Hawaii or any territory or possession of the United States and any
point outside the State of Alaska or the State of Hawaii or any
territory or possession of the United States, respectively; or
(ii) Between any point within the 48 contiguous States of the
United States or the District of Columbia and any point outside the 48
contiguous States of the United States and the District of Columbia.
(iii) Between any point outside the U.S. and another point outside
the U.S.
Justifiable aircraft equipment means any equipment necessary for
the operation of the aircraft. It does not include equipment or ballast
specifically installed, permanently or otherwise, for the purpose of
altering the empty weight of an aircraft to meet the maximum payload
capacity.
Kind of operation means one of the various operations a certificate
holder is authorized to conduct, as specified in its operations
specifications, i.e., domestic, flag, supplemental, commuter, or on-
demand operations.
Maximum payload capacity means:
(1) For an aircraft for which a maximum zero fuel weight is
prescribed in FAA technical specifications, the maximum zero fuel
weight, less empty weight, less all justifiable aircraft equipment, and
less the operating load (consisting of minimum flightcrew, foods and
beverages, and supplies and equipment related to foods and beverages,
but not including disposable fuel or oil).
(2) For all other aircraft, the maximum certificated takeoff weight
of an aircraft, less the empty weight, less all justifiable aircraft
equipment, and less the operating load (consisting of minimum fuel
load, oil, and flightcrew). The allowance for the weight of the crew,
oil, and fuel is as follows:
(i) Crew--for each crewmember required by the Federal Aviation
Regulations--
(A) For male flightcrew members--180 pounds.
(B) For female flightcrew members--140 pounds.
(C) For male flight attendants--180 pounds.
(D) For female flight attendants--130 pounds.
(E) For flight attendants not identified by gender--140 pounds.
(ii) Oil--350 pounds or the oil capacity as specified on the Type
Certificate Data Sheet.
(iii) Fuel--the minimum weight of fuel required by the applicable
Federal Aviation Regulations for a flight between domestic points 174
nautical miles apart under VFR weather conditions that does not involve
extended overwater operations.
Maximum zero fuel weight means the maximum permissible weight of an
aircraft with no disposable fuel or oil. The zero fuel weight figure
may be found in either the aircraft type certificate data sheet, the
approved Aircraft Flight Manual, or both.
Noncommon carriage means an aircraft operation for compensation or
hire that does not involve a holding out to others.
[[Page 7488]]
On-demand operation means any operation for compensation or hire
that is one of the following:
(1) Passenger-carrying operations conducted as a public charter
under part 380 of this chapter or any operations in which the departure
time, departure location, and arrival location are specifically
negotiated with the customer or the customer's representative that are
any of the following types of operations:
(i) Common carriage operations conducted with airplanes, including
turbojet-powered airplanes, having a passenger-seat configuration of 30
seats or fewer, excluding each crewmember seat, and a payload capacity
of 7,500 pounds or less, except that operations using a specific
airplane that is also used in domestic or flag operations and that is
so listed in the operations specifications as required by Sec.
119.49(a)(4) of this chapter for those operations are considered
supplemental operations;
(ii) Noncommon or private carriage operations conducted with
airplanes having a passenger-seat configuration of less than 20 seats,
excluding each crewmember seat, and a payload capacity of less than
6,000 pounds; or
(iii) Any rotorcraft operation.
(2) Scheduled passenger-carrying operations conducted with one of
the following types of aircraft with a frequency of operations of less
than five round trips per week on at least one route between two or
more points according to the published flight schedules:
(i) Airplanes, other than turbojet powered airplanes, having a
maximum passenger-seat configuration of 9 seats or less, excluding each
crewmember seat, and a maximum payload capacity of 7,500 pounds or
less; or
(ii) Rotorcraft.
(3) All-cargo operations conducted with airplanes having a payload
capacity of 7,500 pounds or less, or with rotorcraft.
Passenger-carrying operation means any aircraft operation carrying
any person, unless the only persons on the aircraft are those
identified in Sec. Sec. 121.583(a) or 135.85 of this chapter, as
applicable. An aircraft used in a passenger-carrying operation may also
carry cargo or mail in addition to passengers.
Principal base of operations means the primary operating location
of a certificate holder as established by the certificate holder.
Provisional airport means an airport approved by the Administrator
for use by a certificate holder for the purpose of providing service to
a community when the regular airport used by the certificate holder is
not available.
Regular airport means an airport used by a certificate holder in
scheduled operations and listed in its operations specifications.
Scheduled operation means any common carriage passenger-carrying
operation for compensation or hire conducted by an air carrier or
commercial operator for which the certificate holder or its
representative offers in advance the departure location, departure
time, and arrival location. It does not include any passenger-carrying
operation that is conducted as a public charter operation under part
380 of this chapter.
Supplemental operation means any common carriage operation for
compensation or hire conducted with any airplane described in paragraph
(1) of this definition that is a type of operation described in
paragraph (2) of this definition:
(1) Airplanes:
(i) Airplanes having a passenger-seat configuration of more than 30
seats, excluding each crewmember seat;
(ii) Airplanes having a payload capacity of more than 7,500 pounds;
or
(iii) Each propeller-powered airplane having a passenger-seat
configuration of more than 9 seats and less than 31 seats, excluding
each crewmember seat, that is also used in domestic or flag operations
and that is so listed in the operations specifications as required by
Sec. 119.49(a)(4) of this chapter for those operations; or
(iv) Each turbojet powered airplane having a passenger seat
configuration of 1 or more and less than 31 seats, excluding each
crewmember seat, that is also used in domestic or flag operations and
that is so listed in the operations specifications as required by Sec.
119.49(a)(4) of this chapter for those operations.
(2) Types of operation:
(i) Operations for which the departure time, departure location,
and arrival location are specifically negotiated with the customer or
the customer's representative;
(ii) All-cargo operations; or
(iii) Passenger-carrying public charter operations conducted under
part 380 of this chapter.
Wet lease means any leasing arrangement whereby a person agrees to
provide an entire aircraft and at least one crewmember. A wet lease
does not include a code-sharing arrangement.
When common carriage is not involved or operations not involving
common carriage means any of the following:
(1) Noncommon carriage.
(2) Operations in which persons or cargo are transported without
compensation or hire.
(3) Operations not involving the transportation of persons or
cargo.
(4) Private carriage.
Years in service means the calendar time elapsed since an aircraft
was issued its first U.S. or first foreign airworthiness certificate.
PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
0
4. The authority citation for part 119 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113,
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.
Sec. 119.3 [Removed and reserved]
0
5. Remove and reserve Sec. 119.3.
Sec. 119.51 [Amended]
0
6. Amend Sec. 119.51(c)(1)(i) by removing the citation ``Sec. 119.3''
and adding the citation ``Sec. 110.2'' in its place.
Sec. 119.53 [Amended]
0
7. Amend Sec. 119.53(e) by removing the citation ``Sec. 119.3'' and
adding the citation ``Sec. 110.2'' in its place.
PART 121--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
0
8. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40119, 41706, 44101,
44701, 44702, 44705, 44709, 44710, 44711, 44713, 44716, 44717,
44722, 46105.
Sec. 121.313 [Amended]
0
9. Amend Sec. 121.313(k) by removing the citation ``Sec. 119.3'' and
adding the citation ``Sec. 110.2'' in its place.
Sec. 121.582 [Amended]
0
10. Amend Sec. 121.582 by removing the citation ``Sec. 119.3'' and
adding the citation ``Sec. 110.2'' in its place.
PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE
0
11. The authority citation for part 129 continues to read as follows:
Authority: 49 U.S.C. 1372, 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901-44904, 44906,
44912, 46105, Pub. L. 107-71 sec. 104.
[[Page 7489]]
0
12. Amend Sec. 129.1 by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 129.1 Applicability and definitions.
(a) * * *
(1) A permit issued by the U.S. Department of Transportation under
49 U.S.C. 41301 through 41306, or
(2) Other appropriate economic or exemption authority issued by the
U.S. Department of Transportation.
(b) Operations of U.S.-registered aircraft solely outside the
United States. In addition to the operations specified under paragraph
(a) of this section, Sec. Sec. 129.5, 129.7, 129.9, 129.11, 129.14,
129.20 and 129.24, and subpart B of this part also apply to operations
of U.S.-registered aircraft operated solely outside the United States
in common carriage by a foreign person or foreign air carrier.
* * * * *
0
13. Add Sec. 129.5 to read as follows:
Sec. 129.5 Operations specifications.
(a) Each foreign air carrier conducting operations within the
United States, and each foreign air carrier or foreign person operating
U.S.-registered aircraft solely outside the United States in common
carriage must conduct its operations in accordance with operations
specifications issued by the Administrator under this part.
(b) Each foreign air carrier conducting operations within the
United States must conduct its operations in accordance with the
Standards contained in Annex 1 (Personnel Licensing), Annex 6
(Operation of Aircraft), Part I (International Commercial Air
Transport--Aeroplanes) or Part III (International Operations--
Helicopters), as appropriate, and in Annex 8 (Airworthiness of
Aircraft) to the Convention on International Civil Aviation.
(c) No foreign air carrier may operate to or from locations within
the United States without, or in violation of, appropriate operations
specifications.
(d) No foreign air carrier or foreign person shall operate U.S.-
registered aircraft solely outside the United States in common carriage
without, or in violation of, appropriate operations specifications.
(e) Each foreign air carrier must keep each of its employees and
other persons used in its operations informed of the provisions of its
operations specifications that apply to that employee's or person's
duties and responsibilities.
(f) Operations specifications issued under this part are effective
until--
(1) The foreign air carrier or foreign person surrenders them to
the FAA;
(2) The Administrator suspends or terminates the operations
specifications; or
(3) The operations specifications are amended as provided in Sec.
129.11.
(g) Within 30 days after a foreign air carrier or foreign person
terminates operations under part 129 of this subchapter, the operations
specifications must be surrendered by the foreign air carrier or
foreign person to the responsible Flight Standards District Office.
(h) No person operating under this part may operate or list on its
operations specifications any airplane listed on operations
specifications issued under part 125 of this chapter.
0
14. Add Sec. 129.7 to read as follows:
Sec. 129.7 Application, issuance, or denial of operations
specifications.
(a) A foreign air carrier or foreign person applying to the FAA for
operations specifications under this part must submit an application--
(1) In a form and manner prescribed by the Administrator; and
(2) At least 90 days before the intended date of operation.
(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
appropriate written authority issued to that officer or employee by the
applicant.
(c) A foreign applicant may be issued operations specifications, if
after review, the Administrator finds the applicant--
(1) Meets the applicable requirements of this part;
(2) Holds the economic or exemption authority required by the
Department of Transportation, applicable to the operations to be
conducted;
(3) Complies with the applicable security requirements of 49 CFR
chapter XII;
(4) Is properly and adequately equipped to conduct the operations
described in the operations specifications; and
(5) Holds a valid air operator certificate issued by the State of
the Operator.
(d) An application may be denied if the Administrator finds that
the applicant is not properly or adequately equipped to conduct the
operations to be described in the operations specifications.
0
15. Add Sec. 129.9 to read as follows:
Sec. 129.9 Contents of operations specifications.
(a) The contents of operations specifications issued to a foreign
air carrier conducting operations within the United States under Sec.
129.1(a) shall include:
(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, 2012, the designation of an
agent for service within the United States, including the agent's full
name and office address or usual place of residence;
(3) The certificate number and validity of the foreign air
carrier's Air Operator 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 registration markings of each
aircraft;
(6) The approved maintenance program and minimum equipment list for
United States registered aircraft authorized for use; and
(7) Any other item the Administrator determines is necessary.
(b) The contents of operations specifications issued to a foreign
air carrier or foreign person operating U.S.-registered aircraft solely
outside the United States in common carriage in accordance with Sec.
129.1(b) shall include--
(1) The specific location and mailing address of the 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 or foreign
person;
(2) Within 1 year after February 10, 2012, the designation of an
agent for service within the United States, including 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 program and minimum equipment list for
United States registered aircraft authorized for use; and
[[Page 7490]]
(7) Any other item the Administrator determines is necessary.
0
16. Revise Sec. 129.11 to read as follows:
Sec. 129.11 Amendment, suspension and termination of operations
specifications.
(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 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
specifications issued under this part if the Administrator 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 Administrator initiates an action to amend, suspend or
terminate a foreign air carrier or foreign person's operations
specifications, the following procedure applies:
(1) The responsible Flight Standards District Office notifies the
foreign air carrier or foreign person in writing of the proposed
amendment, suspension or termination.
(2) The responsible Flight Standards District Office sets a
reasonable period (but not less than 7 days) within which the foreign
air carrier or foreign person may submit written information, views,
and arguments on the amendment, suspension or termination.
(3) After considering all material presented, the responsible
Flight Standards District Office notifies the foreign air carrier or
foreign person of--
(i) The adoption of the proposed amendment, suspension or
termination;
(ii) The partial adoption of the proposed amendment, suspension or
termination; or
(iii) The withdrawal of the proposed amendment, suspension or
termination.
(4) If the responsible Flight Standards District 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 notice of it unless--
(i) The responsible Flight Standards District Office finds under
paragraph (g) of this section that there is an emergency requiring
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 termination under
paragraph (e) of this section.
(d) When the foreign air carrier or foreign person applies for an
amendment 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 additional showing to
Department of Transportation for economic authority; major changes in
the type of operation; and resumption of operations following a
suspension of operations as a result of bankruptcy actions, unless a
shorter time is approved by the Administrator.
(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 submitted to the responsible Flight
Standards District Office in a form and manner prescribed by the
Administrator.
(3) After considering all material presented, the responsible
Flight Standards District Office notifies the foreign air carrier or
foreign person of--
(i) The adoption of the applied for amendment;
(ii) The partial adoption of the applied for amendment; or
(iii) The denial of the applied for amendment.
(4) If the responsible Flight Standards District 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 District Office approves
it.
(e) The foreign air carrier or foreign person may petition for
reconsideration of a full or partial adoption of an amendment, a denial
of an amendment or a suspension or termination of operations
specifications.
(f) When a foreign air carrier or foreign person seeks
reconsideration of a decision from the responsible Flight Standards
District Office concerning the amendment, suspension or termination of
operations specifications, the following procedure applies:
(1) The foreign air carrier or foreign person must petition for
reconsideration of that decision within 30 days after the date that the
foreign air carrier or foreign person receives a notice of the
decision.
(2) The foreign air carrier or foreign person must address its
petition to the 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 District Office
unless the responsible Flight Standards District Office has found,
under paragraph (g) of this section, that an emergency exists requiring
immediate action with respect to safety in air transportation or air
commerce.
(g) If the responsible Flight Standards District Office finds that
an emergency exists requiring immediate action with respect to safety
in air commerce or air transportation that makes the procedures set out
in this section impracticable or contrary to the public interest, that
office may make the amendment, suspension or termination effective 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 District 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 effectiveness of the amendment, suspension or termination.
0
17. Amend Sec. 129.13 by revising paragraph (a) to read as follows:
Sec. 129.13 Airworthiness and registration 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 markings of
the State of Registry, and an airworthiness certificate issued or
validated by:
(1) The State of Registry; or
(2) The State of the Operator, provided that the State of the
Operator and the State of Registry have entered into an agreement under
Article 83bis of the Convention on International Civil Aviation that
covers the aircraft.
* * * * *
0
18. Amend Sec. 129.14 by revising paragraphs (a), (b)(4), and (b)(7)
to read as follows:
Sec. 129.14 Maintenance program and minimum equipment list
requirements for U.S.-registered aircraft.
(a) Each foreign air carrier and each foreign person operating a
U.S.-registered aircraft within or outside the United States in common
carriage must ensure that each aircraft is maintained
[[Page 7491]]
in accordance with a program approved by the Administrator in the
operations specifications.
(b) * * *
(4) The FAA operations specification permitting the operator to use
an approved minimum equipment list is carried aboard the aircraft. An
approved minimum equipment list, as authorized by the operations
specifications, constitutes an approved change to the type design
without requiring recertification.
* * * * *
(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.
0
19. Revise Sec. 129.15 to read as follows:
Sec. 129.15 Flightcrew member certificates.
Each person acting as a flightcrew member must hold a certificate
or license that shows the person's ability to perform duties in
connection with the operation of the aircraft. The certificate 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, provided that the State of the
Operator and the State of Registry have entered into an agreement under
Article 83bis of the Convention on International Civil Aviation that
covers the aircraft.
Appendix A to Part 129 [Removed and Reserved]
0
20. Remove and reserve appendix A to part 129.
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
21. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 41706, 44701, 44702, 44705,
44709, 44711, 44713, 44715, 44717, 44722, 46105.
Sec. 135.127 [Amended]
0
22. Amend Sec. 135.127 in paragraphs (b)(1)(iii) and (b)(2)
introductory text by removing the citation ``Sec. 119.3'' and adding
the citation ``Sec. 110.2'' in its place.
Issued in Washington, DC, on January 31, 2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011-2834 Filed 2-9-11; 8:45 am]
BILLING CODE 4910-13-P