[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR119.51]

[Page 714-715]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 119_CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS--Table of 
 
 Subpart C_Certification, Operations Specifications, and Certain Other 
Requirements for Operations Conducted Under Part 121 or Part 135 of This 
                                 Chapter
 
Sec. 119.51  Amending 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 certificate holder applies for the amendment, and the 
Administrator determines that safety in air commerce and the public 
interest allows the amendment.
    (b) Except as provided in paragraph (e) of this section, when the 
Administrator initiates an amendment to a certificate holder's 
operations specifications, the following procedure applies:
    (1) The certificate-holding district office notifies the certificate 
holder in writing of the proposed amendment.
    (2) The certificate-holding district office sets a reasonable period 
(but not less than 7 days) within which the certificate holder may 
submit written information, views, and arguments on the amendment.
    (3) After considering all material presented, the certificate-
holding district office notifies the certificate holder of--
    (i) The adoption of the proposed amendment;
    (ii) The partial adoption of the proposed amendment; or
    (iii) The withdrawal of the proposed amendment.
    (4) If the certificate-holding district office issues an amendment 
to the operations specifications, it becomes effective not less than 30 
days after the certificate holder receives notice of it unless--
    (i) The certificate-holding district office finds under paragraph 
(e) of this section that there is an emergency requiring immediate 
action with respect to safety in air commerce; or
    (ii) The certificate holder petitions for reconsideration of the 
amendment under paragraph (d) of this section.
    (c) When the certificate holder applies for an amendment to its 
operations specifications, the following procedure applies:
    (1) The certificate holder 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, unless a shorter time is approved, in 
cases of mergers; acquisitions of airline operational assets that 
require an additional showing of safety (e.g., proving tests); changes 
in the kind of operation as defined in Sec. 119.3; resumption of 
operations following a suspension of operations as a result of 
bankruptcy actions; or the initial introduction of aircraft not before 
proven for use in air carrier or commercial operator operations.
    (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 submitted to the certificate-holding 
district office in a form and manner prescribed by the Administrator.
    (3) After considering all material presented, the certificate-
holding district office notifies the certificate holder 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. The certificate 
holder may petition for reconsideration of a denial under paragraph (d) 
of this section.
    (4) If the certificate-holding district office approves the 
amendment, following coordination with the certificate holder regarding 
its implementation, the amendment is effective on the date the 
Administrator approves it.
    (d) When a certificate holder seeks reconsideration of a decision 
from the certificate-holding district office concerning the amendment of 
operations specifications, the following procedure applies:
    (1) The certificate holder must petition for reconsideration of that 
decision within 30 days of the date that the certificate holder receives 
a notice of

[[Page 715]]

denial of the amendment to its operations specifications, or of the date 
it receives notice of an FAA-initiated amendment to its operations 
specifications, whichever circumstance applies.
    (2) The certificate holder 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 issued by the 
certificate-holding district office unless the certificate-holding 
district office has found, under paragraph (e) of this section, that an 
emergency exists requiring immediate action with respect to safety in 
air transportation or air commerce.
    (4) If a petition for reconsideration is not filed within 30 days, 
the procedures of paragraph (c) of this section apply.
    (e) If the certificate-holding 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:
    (1) The certificate-holding district office amends the operations 
specifications and makes the amendment effective on the day the 
certificate holder receives notice of it.
    (2) In the notice to the certificate holder, the certificate-holding 
district office articulates 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.