[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Notices]
[Page 22882]
[FR Doc No: 2019-10397]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below.
    The FIRM and FIS report are the basis of the floodplain management
measures that a community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the Federal Emergency Management Agency's (FEMA's)
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report are used by insurance agents and others to calculate appropriate
flood insurance premium rates for buildings and the contents of those
buildings.

DATES: The date of September 27, 2019 has been established for the FIRM
and, where applicable, the supporting FIS report showing the new or
modified flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at https://msc.fema.gov by the date indicated above.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Insurance and Mitigation has resolved any
appeals resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

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                                             Community map repository
               Community                             address
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        Matanuska-Susitna Borough, Alaska and Incorporated Areas
                         Docket No.: FEMA-B-1732
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Matanuska-Susitna Borough..............  Matanuska-Susitna Borough
                                          Planning Department, 350 East
                                          Dahlia Avenue, Palmer, AK
                                          99645.
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           Hancock County, Mississippi and Incorporated Areas
                   Docket Nos.: FEMA-B-1623 and B-1835
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Unincorporated Areas of Hancock County.  Hancock County Government Annex
                                          Building, 854 Highway 90,
                                          Suite A, Bay St. Louis, MS
                                          39520.
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         Pearl River County, Mississippi and Incorporated Areas
                   Docket Nos.: FEMA-B-1623 and B-1835
------------------------------------------------------------------------
City of Picayune.......................  Intermodal and Tourist Center,
                                          200 Highway 11 South,
                                          Picayune, MS 39466.
City of Poplarville....................  City Hall, 200 Highway 26 East,
                                          Poplarville, MS 39470.
Unincorporated Areas of Pearl River      Pearl River County Planning
 County.                                  Department, 402 South Main
                                          Street, Poplarville, MS 39470.
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[FR Doc. 2019-10397 Filed 5-17-19; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Notices]
[Pages 16282-16283]
[FR Doc No: 2012-6612]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29980; File No. 812-13955]

Columbia Funds Master Investment Trust, LLC, et al.; Notice of
Application

March 13, 2012.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from rule 12d1-2(a)
under the Act.

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SUMMARY OF APPLICATION: Applicants request an order to permit open-end
management investment companies relying on rule 12d1-2 under the Act to
invest in certain financial instruments.

APPLICANTS: Columbia Funds Master Investment Trust, LLC; Columbia Funds
Series Trust; Columbia Funds Series Trust I; Columbia Funds Series
Trust II; Columbia Funds Variable Insurance Trust; Columbia Funds
Variable Insurance Trust I; Columbia Funds Variable Series Trust II
(each a ``Trust'' and collectively, the ``Trusts''); Columbia
Management Investment Advisers, LLC (``Columbia Management''); and
Columbia Management Investment Distributors, Inc. (the
``Distributor'').

FILING DATES: The application was filed on September 8, 2011, and
amended on February 28, 2012.

HEARING OR NOTIFICATION OF HEARING: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on April 9, 2012 and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Hearing requests should state the nature of the writer's
interest, the reason for the request, and the issues contested. Persons
who wish to be notified of a hearing may request notification by
writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants:
225 Franklin Street, Boston, MA 02110.

FOR FURTHER INFORMATION CONTACT: Laura L. Solomon, Senior Counsel, at
(202) 551-6915, or Daniele Marchesani, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.
    Applicants' Representations:
    1. The Trusts are organized as Delaware statutory trusts, Delaware
limited liability companies or Massachusetts business trusts, and are
registered with the Commission as open-end management investment
companies. The existing Funds of Funds (as defined below) are series of
certain of the Trusts, each of which operates as a ``fund of funds.''
Columbia Management, a Minnesota limited liability company, is an
indirect wholly owned subsidiary of Ameriprise Financial, Inc. and
serves as investment adviser to the existing Funds of Funds and the
Underlying Funds (as defined below) in which those Funds of Funds
invest. Columbia Management is registered as an investment adviser
under the Investment Advisers Act of 1940, as amended (``Advisers
Act''). The Distributor, a Delaware corporation, is an affiliate of
Columbia Management and a broker-dealer registered under the Securities
Exchange Act of 1934, as amended (``Exchange Act''), that serves as
distributor for the existing Funds of Funds and the Underlying Funds.
    2. Applicants request the exemption to the extent necessary to
permit any existing or future registered open-end management investment
company or series thereof that (i) is advised by Columbia Management or
an investment adviser controlling, controlled by or under common
control with Columbia Management (each, including Columbia Management,
an ``Adviser'' and collectively, the ``Advisers''); \1\ (ii) is part of
the same ``group of investment companies'' as defined in section
12(d)(1)(G) of the Act, as the Trusts; (iii) invests in shares of other
registered open-end investment companies (``Underlying Funds'') in
reliance on section 12(d)(1)(G) of the Act; and (iv) is also eligible
to invest in securities (as defined in section 2(a)(36) of the Act) in
reliance on rule 12d1-2 under the Act (each a ``Fund of Funds'') to
also invest, to the extent consistent with its investment objective,
policies, strategies and limitations, in financial instruments that may
not be securities within the meaning of section 2(a)(36) of the Act
(``Other Investments'').\2\ Applicants also request that the order
exempt any entity that now or in the future acts as principal
underwriter or broker or dealer (if registered under the Exchange Act),
with respect to the transactions described in the application.
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    \1\ Any other Adviser will also be registered under the Advisers
Act.
    \2\ Every existing entity that currently intends to rely on the
requested order is named as an applicant. Any existing or future
entity that relies on the order in the future will do so only in
accordance with the terms and condition in the application.
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    3. Consistent with its fiduciary obligations under the Act, each
Fund of Funds' board of trustees will review the advisory fees charged
by the Fund of Funds' Adviser to ensure that they are based on services
provided that are in addition to, rather than duplicative of, services
provided pursuant to the advisory agreement of any investment company
in which the Fund of Funds may invest.
    Applicants' Legal Analysis:
    1. Section 12(d)(1)(A) of the Act provides that no registered
investment company (``acquiring company'') may acquire securities of
another investment company (``acquired company'') if such securities
represent more than 3% of the acquired company's outstanding voting
stock or more than 5% of the acquiring company's total assets, or if
such securities, together with the securities of other investment
companies, represent more than 10% of the acquiring company's total
assets. Section 12(d)(1)(B) of the Act provides that no registered
open-end investment company may sell its securities to another
investment company if the sale will cause the acquiring company and
companies controlled by it to own more than 3% of the acquired
company's voting stock, or cause more than 10% of the acquired
company's voting stock to be owned by investment companies and
companies controlled by them.
    2. Section 12(d)(1)(G) of the Act provides, in part, that section
12(d)(1) will not apply to securities of an acquired company purchased
by an acquiring company if: (i) the acquired company and acquiring
company are part of the same group of investment companies; (ii) the
acquiring company holds only securities of acquired companies that are
part of the same group of investment companies, government securities,
and short-term paper; (iii) the aggregate sales loads and distribution-
related fees of the acquiring company and the acquired company are not
excessive under rules adopted pursuant to section 22(b) or section

22(c) of the Act by a securities association registered under section
15A of the Exchange Act or by the Commission; and (iv) the acquired
company has a policy that prohibits it from acquiring securities of
registered open-end investment companies or registered unit investment
trusts in reliance on section 12(d)(1)(F) or (G) of the Act.
    3. Rule 12d1-2 under the Act permits a registered open-end
investment company or a registered unit investment trust that relies on
section 12(d)(1)(G) of the Act to acquire, in addition to securities
issued by another registered investment company in the same group of
investment companies, government securities, and short-term paper: (1)
Securities issued by an investment company that is not in the same
group of investment companies, when the acquisition is in reliance on
section 12(d)(1)(A) or 12(d)(1)(F) of the Act; (2) securities (other
than securities issued by an investment company); and (3) securities
issued by a money market fund, when the investment is in reliance on
rule 12d1-1 under the Act. For the purposes of rule 12d1-2,
``securities'' means any security as defined in section 2(a)(36) of the
Act.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction from any provision of the Act, or
from any rule under the Act, if such exemption is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policies and
provisions of the Act.
    5. Applicants state that the Funds of Funds will comply with rule
12d1-2 under the Act, but for the fact that the Funds of Funds may
invest a portion of their assets in Other Investments. Applicants
request an order under section 6(c) of the Act for an exemption from
rule 12d1-2(a) to allow the Funds of Funds to invest in Other
Investments while investing in Underlying Funds. Applicants assert that
permitting the Funds of Funds to invest in Other Investments as
described in the application would not raise any of the concerns that
the requirements of section 12(d)(1) were designed to address.
    Applicants' Condition:
    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Applicants will comply with all provisions of rule 12d1-2 under the
Act, except for paragraph (a)(2) to the extent that it restricts any
Fund of Funds from investing in Other Investments as described in the
application.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-6612 Filed 3-19-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Proposed Rules]
[Pages 25127-25137]
[FR Doc No: 2010-10890]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 110, 119, 121, 129, and 135

[Docket No. FAA-2009-0140; Notice No. 10-07]
RIN 2120-AJ45

Operations Specifications

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This proposed rule would clarify and standardize the rules for
applications by foreign air carriers and foreign persons for operations
specifications and establish new standards for amendment, suspension or
termination of those operations specifications. The proposed rule would
also apply 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 it will establish a regulatory basis for current practices, such as
amending, terminating or suspending operations specifications.

DATES: Send your comments on or before August 5, 2010.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0140 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-
140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.

For more information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the electronic form of all comments received into any of
our dockets, including the name of the individual sending the comment
(or signing the comment for an association, business, labor union,
etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78) or you
may visit http://DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time and follow the online
instructions for accessing the docket, or, go to the Docket Operations
in Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION 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_ADDRESS>Telephone:<PHONE_NUMBER>. For legal
questions concerning this proposed 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_ADDRESS>telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the Additional Information section of
this preamble, you will find a discussion of how you can comment on
this proposal and how the agency will handle your comments. Included in
this discussion is related information about the docket, privacy, and
handling proprietary or confidential business information. There is
also a discussion on how you can get a copy of related rulemaking
documents.

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 proposed rule 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, amendment, suspension, or
termination of operations specifications issued to foreign air carriers
operating in the United States and to foreign air carriers or foreign
persons conducting operations of 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.

I. Background

    Title 49 of the United States Code contains the basic authority for
promoting safe flight of civil aircraft in air commerce and for
regulating the global operations of U.S.-registered aircraft. For
foreign air carriers serving the United States, the basic operating
requirements are found in 14 CFR parts 91 and 129. The standards set
forth in Annexes 1, 6, and 8 to the Convention on International Civil
Aviation (the Chicago Convention), as implemented by the International
Civil Aviation Organization (ICAO), also apply to the international
operations of air carriers. The applicable ICAO Annexes are:

    Annex 1--Personnel Licensing,
    Annex 6--Part I, Operation of Aircraft--International Commercial
Air Transport--Aeroplanes,
    Annex 6--Part III, Operation of Aircraft--International
Operations--Helicopters, and
    Annex 8--Airworthiness of Aircraft.

    ICAO Annexes contain the international standards for safety,
regulation, and efficiency of air navigation. These international
standards define the minimum level of safety necessary for the
recognition by Contracting States to the Chicago Convention of
certificates of airworthiness, certificates of competency and licenses
that allow for the flight of aircraft of other States into or over
their territories. They also provide for the protection of other
aircraft, third parties, and property. As with all Contracting States
to the Chicago Convention, the United States is obligated to recognize
only those certificates of airworthiness, certificates of competency,
and licenses issued or rendered valid by another Contracting State. The
requirements under which these certificates or licenses are issued or
rendered valid by the Contracting State must be equal to or above the
minimum standards established by the Chicago Convention.
    The FAA's authority over a foreign air carrier using foreign-
registered aircraft is limited to overseeing compliance with all the
applicable provisions of the Chicago Convention and its Annexes, and
U.S. regulations for the flights conducted by the foreign air carrier
into the United States. Adherence to these standards assures the
foreign air carrier's ability to navigate and communicate safely within
the U.S. National Airspace System (NAS) while protecting individuals
and property on the ground.
    To fulfill its oversight responsibilities, the FAA issues
operations specifications to foreign air carriers and foreign persons.
These operations specifications ensure a common understanding between
the foreign air carrier or foreign person and the FAA. The FAA-issued
operations specifications describe the scope of a foreign air carrier's
operations into the United States, including any applicable
authorizations and limitations, and a foreign person's maintenance
responsibility for U.S.-registered aircraft operated in common carriage
solely outside the United States. The FAA-issued operations
specifications do not, however, affect or interfere with the
responsibilities of the foreign Civil Aviation Authority (CAA) that
issued an air operator certificate to the foreign air carrier. The
foreign CAA maintains primary responsibility for the certification of
the foreign air carrier and the continuing oversight of the air carrier
or foreign person's operations in accordance with applicable ICAO
standards.

II. Discussion of the Proposal

    14 CFR part 129 prescribes the rules 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. In order to meet international standards and the changing
aviation environment, it is necessary to revise part 129. For example,
the processes for application and amendment of operations
specifications for U.S. operators subject to 14 CFR parts 121, 125, and
135 are described in part 119. However, there are no explicit
provisions governing the application for, or amendment of, operations
specifications issued to foreign air carriers or foreign persons in
part 129, nor is there a provision in part 129 for the suspension or
termination of operations specifications. Therefore, the FAA proposes
to clarify the process for application, amendment, suspension, and
termination of operations specifications issued to foreign air carriers
and foreign persons.
    This proposal would add 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. This proposed rule would also amend the
existing Sec.  129.11 to specifically address amendment, suspension and
termination of operations specifications.
    Section 129.5 would define which foreign air carriers or foreign
persons must hold FAA operations specifications and the effective
period of such operations specifications. Current regulations require
only foreign air carriers conducting operations into the United States
to conduct their operations in accordance with operations
specifications issued by the Administrator. Section 129.5 of the
proposed rule would extend this requirement to a foreign air carrier or
foreign person operating a U.S.-registered aircraft solely outside the
United States in common carriage. Additionally, the FAA proposes to
include a provision in Sec.  129.5 requiring 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.
    In Sec.  129.7, the FAA proposes to include provisions governing
the application, issuance, or denial of operations specifications. The
application process for foreign air carriers is presently defined in
Sec.  129.11(b) and Appendix A of part 129. It contains outdated
requirements that are no longer relevant to the FAA's safety oversight
needs.\1\ Also, unlike the process for domestic air carrier applicants,
which allows more cooperation between the applicant and the FAA,
current Appendix A of part 129 requires a foreign applicant to provide
very specific information in a particular format. Requiring this degree
of detail in form and content does not advance aviation safety and may
limit the flexibility necessary to ensure the safety of the flying
public. The FAA proposes to remove Appendix A and place general
requirements in the new Sec.  129.7(a). However, proposed Sec.
129.7(b) would retain the current requirement in Appendix A, section
VIII.B for the applicant to provide a written certification that the
statements in the application are true. Using this approach allows the
operations specification process to be easily revised

and updated to meet the changing aviation environment and FAA safety
oversight needs.
---------------------------------------------------------------------------

    \1\ An example of an outdated requirement is a listing of the
type and class of certificate held by each flight crewmember
employed in the proposed operation within the United States. This
requirement is duplicative. Contracting states to the Chicago
Convention are obligated to recognize as valid certificates and
licenses issued by other contracting states.
---------------------------------------------------------------------------

    Upon issuance of the final rule, the FAA will revise the inspector
handbook guidance with an updated application procedure for foreign
applicants to obtain FAA-issued foreign operations specifications. The
procedure would provide for greater interaction between the foreign
applicant and the FAA and ensure that a foreign applicant's programs,
systems, and intended methods of compliance are thoroughly reviewed and
evaluated in light of U.S. requirements.
    The proposed application procedure is as follows:
    Preapplication. The foreign applicant makes an inquiry to the FAA
regarding the process for obtaining operations specifications. The FAA
will provide the foreign applicant with an application package and
information on the operations specifications application process.
    Formal Application. The responsible Flight Standards District
Office (FSDO) will conduct an in-depth review of the foreign air
carrier's formal application for operations specifications. Also, the
responsible office will hold a formal application meeting to discuss
the feasibility of the project and obtain any additional information or
request corrections needed for its review.
    Documentation. The responsible FSDO will review the applicant's
documents in support of its request for issuance of mandatory and
optional operations specifications.
    Verification. The responsible FSDO will verify the foreign air
carrier applicant's DOT economic authority and TSA security program
approval (if required).
    Issuance. The FAA will assign an operations specification
designator and number, and the part 129 operations specifications will
be generated and issued to the applicant for acceptance and signature.
After issuance, the responsible FSDO will implement a comprehensive
ongoing surveillance program.
    Using this procedure would allow the FAA to verify that the foreign
applicant's programs, systems, and intended methods of compliance have
been approved or accepted by the State of the Operator. The information
obtained during the application process would also provide the FAA with
a basis to determine whether the applicant would be able to comply with
all applicable FAA requirements while operating in the NAS.
    For foreign air carriers or foreign persons who operate U.S.-
registered aircraft in common carriage solely outside the United
States, the FAA would provide a simplified application procedure.
    Section 129.9 would define 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. By specifying the content of the operations
specifications in proposed Sec.  129.9, applicants for these
specifications would have clear standards for the submission of their
application.
    Current regulations do not contain provisions for the amendment,
suspension or termination of operations specifications. For example, a
foreign air carrier or foreign person may seek reconsideration of an
adverse decision relating to its operations specifications using an
informal process not established in the regulations. An operator may
submit its petition for reconsideration through the FSDO, or an FAA
Flight Standards Regional Office or FAA Headquarters. Therefore, there
is a need to standardize and streamline all petitions for
reconsideration through the office responsible for oversight of the
foreign air carrier or foreign person.
    The proposed rule would amend Sec.  129.11 to address amendments,
suspensions and terminations of operations specifications. The
amendment process would be consistent with the process for amending
operations specifications issued to domestic operators under part 119.
Under the proposed rule, an applicant may apply for an amendment of its
operations specification to the responsible FSDO, 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 thirty (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 FAA proposes to use 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 FAA proposes to amend 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, although the U.S. obligation to accept those agreements is
stated in inspector handbook guidance. The proposed amendment to Sec.
129.13 would allow recognition of third-party transfers of
airworthiness certificates under Article 83bis agreements registered
with ICAO.
    Similarly, the FAA proposes to amend Sec.  129.15 to provide 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 also
currently stated in inspector handbook guidance, Sec.  129.15 requires
crew licenses (certificates) for foreign air carriers to be issued or
validated by the State of Registry and does not recognize crew licenses
or certificates transferred under Article 83bis agreements registered
with ICAO.
    Present regulations do not define how the FAA grants maintenance
approval for U.S.-registered aircraft. Therefore, the FAA proposes to
amend 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. Under this
proposed rule, the FAA would 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.  129.11 and Sec.  129.14, the FAA proposes to
clarify 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, Sec.
129.1(b) would be revised 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 described in Sec.  119.1(d), part 119 does not govern operations
conducted under part 91, subpart K (when common carriage is not
involved), nor does it apply to parts 129, 133, 137 or 139. However,
the introductory sentence of Sec.  119.3 requires application of the
definitions included in Sec.  119.3 to all of subchapter G, which
includes parts 119, 121, 125, 129, 133, 135, 136, 137 and 139. Because
not all of these parts are subject to the substantive requirements of
part 119, it is not immediately clear that all of the definitions in
Sec.  119.3 apply to subchapter G, including part 129.
    The FAA proposes to create a new part 110 which will set forth the
general requirements applicable to all of subchapter G, including the
definitions currently located in Sec.  119.3. Section 119.3 is
redesignated as Sec.  110.2, and all of the references in parts 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 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 FAA proposes to eliminate the outdated reference
to the Civil Aeronautics Board (CAB) in 14 CFR 129.1(a)(1). This
revision is necessary since the CAB no longer exists, and all economic
authority is now granted by the Department of Transportation (DOT).
    Currently, Sec.  129.11(a) requires foreign air carriers to comply
with ICAO standards and recommended practices in part 1 of Annex 6 of
the Chicago Convention; however, the Chicago Convention requires
compliance with ICAO standards only. By amending Sec.  129.11(a) to
remove the incorrect reference to ``recommended practices,'' the
proposed rule would clarify the international standards applicable to
foreign air carriers operating within the United States.
    In 2007, FAA chartered the Part 129 Aviation Rulemaking Committee
(ARC) to provide advice, guidance and recommendations on comprehensive
changes to part 129. This proposed rule does not address the ARC's
recommendations. The FAA will consider those recommendations in a
future rulemaking.
    To fulfill its oversight responsibilities, the FAA issues
operations specifications to foreign air carriers and foreign persons
to ensure a common understanding of the scope of their operations.
Operations specifications describe: (1) The scope of a foreign air
carrier's operations into the United States, including any applicable
authorizations and limitations; and (2) Maintenance responsibility for
U.S.-registered aircraft operated by foreign air carriers and foreign
persons within or outside the United States. The foreign civil aviation
authority is responsible for the certification and the continuing
oversight of the air carrier or foreign person's operations in
accordance with applicable ICAO standards.
    The following table summarizes the proposed changes to existing
provisions of parts 119 and 129, identifies new provisions, and
references the relevant ICAO standard implemented in the rule, if
applicable.

------------------------------------------------------------------------
         Existing part 119                  Proposed new part 110
------------------------------------------------------------------------
Definitions: Definitions applicable  Definitions: The proposal would
 to part 129 are currently included   remove definitions from subchapter
 in part 119, subchapter G. Since     G of part 119 and include them in
 part 119 applies to certification    a new part 110.
 requirements for part 135 and 121
 operators, there is potential
 confusion concerning whether
 subchapter G applies to part 129.
------------------------------------------------------------------------
         Existing part 129                Proposed part 129 changes
------------------------------------------------------------------------
Ops Specs--Amendment, suspension or  Ops Specs--Amendment, suspension or
 termination: Current regulations     termination: The proposal would
 do not provide for the amendment,    provide a legal basis for the
 suspension, or termination of        amendment, suspension, or
 Operations Specifications.           termination of Operations
 Information is currently in the      Specifications.
 Inspector Guidance.
Application process: The             Application process: The proposal
 application process and              would remove outdated portions of
 requirements are outdated and        Appendix A and place general
 impose an unnecessary burden on      requirements in the new Sec.
 the operator and the FAA--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 flight crewmember to include    updating. In addition, the
 en route training--Lufthansa         proposal would clarify and
 employs numerous airmen that         standardize the rules for
 change constantly).                  applications by foreign air
                                      carriers and foreign persons for
                                      operations specifications issued
                                      under 14 CFR part 129.
Appeal process for foreign           Appeal process for foreign
 operators: There is no formal        operators: The proposal would
 administrative process for a         provide an administrative appeals
 foreign operator to appeal a         process allowing foreign operators
 decision to amend, suspend or        and foreign persons to submit a
 terminate its operations             petition for reconsideration to
 specifications.                      the Director, Flight Standards
                                      Service before seeking judicial
                                      review under 49 USC 46110.
Chicago Convention: There is no      Chicago Convention: The proposed
 regulatory provision for the         rule allows the FAA to recognize
 recognition of Article 83bis of      crew licenses and/or 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.
------------------------------------------------------------------------

III. Paperwork Reduction Act

    This proposal contains the following new information collection
requirements. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. section 3507(d)), the FAA has submitted the information
requirements associated with this proposal to the Office of Management
and Budget for its review.
    Title: Part 129 Operations Specifications.
    Summary: This proposed rule would 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. The proposed rule would also apply 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 it will establish a regulatory
basis for current practices, such as amending, terminating or
suspending operations specifications.
    Use of: This proposal would support 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
proposed information requirement are potential new applicants for
operations specifications. The average number of respondents is
approximately twenty-five each year.
    Frequency: The FAA estimates five Flight Standards District Offices
(FSDOs) will receive approximately five applications each per year.
    Annual Burden Estimate: This proposal would result in an annual
recordkeeping and reporting burden as follows: 75 hours annually.
    The agency is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to
be collected; and
    (4) Minimize the burden of collecting information on those who are
to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
    Individuals and organizations may send comments on the information
collection requirement by August 5, 2010, and should direct them to the
address listed in the Addresses section at the end of this preamble.
Comments also should be submitted to the Office of Management and
Budget, Office of Information and Regulatory Affairs, Attention: Desk
Officer for FAA, New Executive Building, Room 10202, 725 17th Street,
NW., Washington, DC 20053.
    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 OMB control number.
The OMB control number for this information collection will be
published in the Federal Register, after the Office of Management and
Budget approves it.

IV. International Compatibility

    Consistent with U.S. obligations under the Chicago Convention, it
is the FAA's policy to comply with ICAO standards to the maximum extent
practicable. The proposed amendments will allow the FAA to carry out
its 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.

V. Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Proposed changes to Federal Regulations must undergo several
economic analyses. First, Executive Order 12866 directs each Federal
agency to 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, use them as 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 private sector,
of $100 million or more annually (adjusted for inflation with base year
of 1995).
    For regulations with an expected minimal impact, the above-
specified analyses are not required. The Department of Transportation
Order DOT 2100.5 prescribes policies and procedures for simplification,
analysis, and review of regulations. If it is determined that the
expected impact is so minimal that the proposal does not warrant a full
evaluation, a statement to that effect and the basis for it is included
in proposed regulation.
    This NPRM will have minimal economic impact because it does not
propose to significantly change the rules regarding FAA's obligation
for safety oversight of foreign air carriers and foreign persons under
the Chicago Convention, but actually incorporates ICAO standards for
acceptance of airworthiness certificates and crewmember licenses under
Article 83bis of the Chicago Convention. This proposed rule also
standardizes and clarifies the operations specification process.
Accordingly, the FAA has determined as a result of the removal of
outdated requirements in Appendix A, there may be a reduction in costs
for foreign air carriers or persons who will need to apply for
operations specifications. Due to streamlining and clarification of the
application process, there may be a decrease in costs to foreign air
carriers or persons. In addition, there will be some benefits to
foreign air carriers and foreign persons by creating an administrative
appeals process. The FAA requests comments from the public on the costs
and benefits of this proposal, and the resulting determination that the
proposals within the NPRM will have minimal economic impact.

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 large 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 proposed rule would 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 operations specifications
by incorporating current policies and procedures into the regulations.
The proposed rule applies only to foreign air carriers and operations
of U.S.-registered aircraft in common carriage solely outside the
United States. Domestic operators are not impacted by this proposed
rule. This proposed rule merely revises and clarifies FAA operations
specifications application procedures; the expected outcome will not
increase cost to any United States small entity. Therefore, the FAA
certifies that this proposed 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 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 purpose of
this proposed rule is to ensure the safety of the American public, and
it does not exclude 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 proposed
rule considers and incorporates an international standard promulgated
pursuant to the Chicago Convention and is consistent with current ICAO
standards. The FAA has assessed the potential effect of this proposed
rule and has determined that it will impose minimal costs on
international entities and may provide cost-savings to these entities
and thus have 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
(adjusted annually for inflation) 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 NPRM does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.

VI. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action would not have a substantial direct effect on the States, on 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.

VII. Regulations Affecting Intrastate Aviation in Alaska

    Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat.
3213) requires the Administrator, when modifying regulations in title
14 CFR in a manner affecting intrastate aviation in Alaska, to consider
the extent to which Alaska is not served by transportation modes other
than aviation, and to establish appropriate regulatory distinctions.
Because this proposed rule would apply to the application, amendment,
suspension and termination of operations specifications of foreign air
carriers that operate into the United States, the rule should not
affect intrastate aviation in Alaska.

VIII. 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 proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312d and involves no
extraordinary circumstances.

IX. Regulations That Significantly Affect Energy Supply, Distribution,
or Use

    The FAA has analyzed this NPRM under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). It has 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.

X. Additional Information

    Comments Invited
    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The FAA also
invites comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. The FAA asks that you send two copies of
written comments.
    The FAA will file in the docket all comments we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. The docket is available for public
inspection before and after the comment closing date. If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also review the docket using the
Internet at the web address in the ADDRESSES section.

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<PHONE_NUMBER>. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
    You may access all documents the FAA considered in developing this
proposed rule, including economic analyses and technical reports, from
the internet through the Federal eRulemaking Portal referenced in the
paragraph above.

List of Subjects

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 Proposed Amendments

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:

    1. 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 is other than a passenger-carrying operation or, if passengers are
carried, they are only those specified in Sec. Sec.  121.583(a) or
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 (AMC/DOB) 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 flight crewmembers--180 pounds.
    (B) For female flight crewmembers--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.
    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

    2. 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]

    3. Remove and reserve Sec.  119.3.

Sec.  119.51  [Amended]

    4. 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]

    5. 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

    6. 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]

    7. Amend Sec.  121.313 by removing the citation ``Sec.  119.3'' and
adding the citation ``Sec.  110.2'' in its place.

Sec.  121.582  [Amended]

    8. 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

    9. 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.
    10. 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 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.
* * * * *
    11. 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.
    12. 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.
    13. 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) 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 lists
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) 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 approval of maintenance programs and minimum equipment
lists for United States registered aircraft authorized for use; and
    (7) Any other item the Administrator determines is necessary.
    14. 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.
    15. 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.
* * * * *
    16. 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 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.
    17. Revise Sec.  129.15 to read as follows:

Sec.  129.15  Flight crewmember certificates.

    Each person acting as a flight crewmember 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]

    18. 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

    19. 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]

    20. Amend Sec.  135.127(b)(1)(iii) by removing the citation ``Sec.
119.3'' and adding the citation ``Sec.  110.2'' in its place.

Sec.  135.127  [Amended]

    21. Amend Sec.  135.127(b)(2) by removing the citation ``Sec.
119.3'' and adding the citation ``Sec.  110.2'' in its place.

    Issued in Washington, DC, on May 4, 2010.
Raymond Towles,
Acting Director, Flight Standards Service.
[FR Doc. 2010-10890 Filed 5-6-10; 8:45 am]
BILLING CODE 4910-13-P