381 

Federal Aviation Administration, DOT 

§ 129.11 

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 
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 

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