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789
Federal Aviation Administration, DOT
§ 91.1019
is an emergency requiring immediate
action with respect to safety; or
(ii) The program manager petitions
for reconsideration of the amendment
under paragraph (d) of this section.
(c) When the program manager ap-
plies for an amendment to its manage-
ment specifications, the following pro-
cedure applies:
(1) The program manager must file
an application to amend its manage-
ment specifications—
(i) At least 90 days before the date
proposed by the applicant for the
amendment to become effective, unless
a shorter time is approved, in cases
such as mergers, acquisitions of oper-
ational assets that require an addi-
tional showing of safety (for example,
proving tests or validation tests), and
resumption of operations following a
suspension of operations as a result of
bankruptcy actions.
(ii) At least 15 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 Flight Standards District
Office that issued the program man-
ager’s management specifications in a
form and manner prescribed by the Ad-
ministrator.
(3) After considering all material pre-
sented, the Flight Standards District
Office that issued the program man-
ager’s management specifications will
notify the program manager 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. The program manager
may petition for reconsideration of a
denial under paragraph (d) of this sec-
tion.
(4) If the Flight Standards District
Office that issued the program man-
ager’s management specifications ap-
proves the amendment, following co-
ordination with the program manager
regarding its implementation, the
amendment is effective on the date the
Administrator approves it.
(d) When a program manager seeks
reconsideration of a decision of the
Flight Standards District Office that
issued the program manager’s manage-
ment specifications concerning the
amendment of management specifica-
tions, the following procedure applies:
(1) The program manager must peti-
tion for reconsideration of that deci-
sion within 30 days of the date that the
program manager receives a notice of
denial of the amendment of its man-
agement specifications, or of the date
it receives notice of an FAA-initiated
amendment of its management speci-
fications, whichever circumstance ap-
plies.
(2) The program manager must ad-
dress 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
issued by the Flight Standards District
Office that issued the program man-
ager’s management specifications un-
less that District Office has found,
under paragraph (e) of this section,
that an emergency exists requiring im-
mediate action with respect to safety.
(4) If a petition for reconsideration is
not filed within 30 days, the procedures
of paragraph (c) of this section apply.
(e) If the Flight Standards District
Office that issued the program man-
ager’s management specifications finds
that an emergency exists requiring im-
mediate action with respect to safety
that makes the procedures set out in
this section impracticable or contrary
to the public interest—
(1) The Flight Standards District Of-
fice amends the management specifica-
tions and makes the amendment effec-
tive on the day the program manager
receives notice of it; and
(2) In the notice to the program man-
ager, the Flight Standards District Of-
fice will articulate the reasons for its
finding that an emergency exists re-
quiring immediate action with respect
to safety or that makes it impracti-
cable or contrary to the public interest
to stay the effectiveness of the amend-
ment.
§ 91.1019
Conducting tests and inspec-
tions.
(a) At any time or place, the Admin-
istrator may conduct an inspection or
test, other than an en route inspection,
to determine whether a program man-
ager under this subpart is complying
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