Proposed Rule2024-11253
Foreign Air Operator Certificates Issued by a Regional Safety Oversight Organization
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 22, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
Current FAA regulations require that foreign applicants for operating specifications must hold a valid air operator certificate issued by the State of the Operator. Some International Civil Aviation Organization Contracting States have joined together to form Regional Safety Oversight Organizations. These organizations may provide a uniform regulatory structure for safety oversight and provide technical assistance and the execution of safety oversight functions on behalf of their member States. Regional Safety Oversight Organizations have been established in many parts of the world. These organizations may be formed based on a variety of differing arrangements among member States. The institutional structures of these organizations range from highly formalized intergovernmental organizations established on the basis of formal legal agreements, to less formalized organizations established under the International Civil Aviation Organization Cooperative Development of Operational Safety and Continuing Airworthiness Program. States participating in Regional Safety Oversight Organizations may delegate various functions or tasks to these organizations based on the extent of delegated legal authority stipulated in the Regional Safety Oversight Organization's formation documentation. One of the functions member States may delegate to some of the highly formalized and more fully resourced Regional Safety Oversight Organizations is the issuance of air operator certificates on behalf of the State of the Operator. This regulation change would allow the FAA to review and, if acceptable to the Administrator, recognize as valid air operator certificates issued by the Regional Safety Oversight Organization to foreign air carriers on behalf of the State of the Operator for purposes of evaluating foreign applicants for operating specifications.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 100 (Wednesday, May 22, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Proposed Rules]
[Pages 44935-44944]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11253]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 129
[Docket No.: FAA-2024-0176; Notice No. 24-21]
RIN 2120-AL93
Foreign Air Operator Certificates Issued by a Regional Safety
Oversight Organization
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: Current FAA regulations require that foreign applicants for
operating specifications must hold a valid air operator certificate
issued by the State of the Operator. Some International Civil Aviation
Organization Contracting States have joined together to form Regional
Safety Oversight Organizations. These organizations may provide a
uniform regulatory structure for safety oversight and provide technical
assistance and the execution of safety oversight functions on behalf of
their member States. Regional Safety Oversight Organizations have been
established in many parts of the world. These organizations may be
formed based on a variety of differing arrangements among member
States. The institutional structures of these organizations range from
highly formalized intergovernmental organizations established on the
basis of formal legal agreements, to less formalized organizations
established under the International Civil Aviation Organization
Cooperative Development of Operational Safety and Continuing
Airworthiness Program. States participating in Regional Safety
Oversight Organizations may delegate various functions or tasks to
these organizations based on the extent of
[[Page 44936]]
delegated legal authority stipulated in the Regional Safety Oversight
Organization's formation documentation. One of the functions member
States may delegate to some of the highly formalized and more fully
resourced Regional Safety Oversight Organizations is the issuance of
air operator certificates on behalf of the State of the Operator. This
regulation change would allow the FAA to review and, if acceptable to
the Administrator, recognize as valid air operator certificates issued
by the Regional Safety Oversight Organization to foreign air carriers
on behalf of the State of the Operator for purposes of evaluating
foreign applicants for operating specifications.
DATES: Send comments on or before June 21, 2024.
ADDRESSES: Send comments identified by docket number FAA-2024-0176
using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and
follow the online instructions for sending your comments
electronically.
<bullet> Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
<bullet> 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.
<bullet> Fax: Fax comments to Docket Operations at (202) 493-2251.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">www.regulations.gov</a> at any time. 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: Tim Shaver, International Program
Division/International Operations Branch, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone (202) 267-1704; email <a href="/cdn-cgi/l/email-protection#4034292d6e332821362532002621216e272f36"><span class="__cf_email__" data-cfemail="6e1a0703401d060f180b1c2e080f0f40090118">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Overview of the Proposed Rule
This proposed rule would amend the regulations for applications by
foreign air carriers and foreign persons for operations specifications
under 14 CFR part 129 and amend regulations for the denial of
applications for operations specifications. The proposed rule would
also apply to the operation of foreign carriers within the United
States, as well as foreign persons or carriers operating U.S.-
registered aircraft in common carriage solely outside the United
States.\1\ This proposal would amend three sections in subpart A of
part 129: Sec. 129.1, Applicability and definitions; Sec. 129.7,
Application, issuance, or denial of operations specifications; and
Sec. 129.9, Contents of operations specifications.
---------------------------------------------------------------------------
\1\ 14 CFR 129.1, Applicability and definitions.
---------------------------------------------------------------------------
Section 129.1 would be amended to include definitions for
``Regional Safety Oversight Organization'' and ``State of the
Operator.''
Section 129.7 would be amended to accommodate the recognition as
valid by the FAA of air operator certificates (AOCs) issued by a
Regional Safety Oversight Organization (RSOO) on behalf of the State of
the Operator \2\ in the process of reviewing applications for
operations specifications. Additional amendment of this section would
align the conditions for the FAA's denial of an application for
operations specifications with the conditions for eligibility for
issuance of operations specifications.
---------------------------------------------------------------------------
\2\ The term ``State of the Operator'' is explained later in
this document.
---------------------------------------------------------------------------
Section 129.9 would be amended to reflect the possible acceptance
and recognition as valid by the FAA of AOCs issued by an RSOO on behalf
of the State of the Operator for purposes of the contents of operations
specifications issued under part 129.
B. 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 International
Civil Aviation Organization (ICAO) Annexes to the Convention on
International Civil Aviation (the Chicago Convention) apply to the
international operations of air carriers.\3\ 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.
---------------------------------------------------------------------------
\3\ Convention on International Civil Aviation is available at
<a href="http://www.icao.int/publications/documents/7300_orig.pdf">www.icao.int/publications/documents/7300_orig.pdf</a>.
---------------------------------------------------------------------------
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 \4\ 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, provided that the
requirements under which these certificates or licenses are issued or
rendered valid meet or exceed the minimum standards established by the
Chicago Convention.
---------------------------------------------------------------------------
\4\ The term ``Contracting States'' refer to States which have
ratified or adhered to the Chicago Convention. There are currently
193 Contracting States.
---------------------------------------------------------------------------
Under 14 CFR part 129 the FAA issues operations specifications to
foreign air carriers conducting operations within the United States and
foreign air carriers or foreign persons operating U.S.-registered
aircraft in common carriage solely outside the United States. 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
authorized operations within the United States and currently must
include: contact information for the operator in the State of the
Operator; the certificate number and validity of the foreign air
carrier's AOC issued by the State of the Operator; each regular and
alternate airport to be used in scheduled operations; the type of
aircraft and registration markings of each aircraft; the approved
maintenance program and minimum equipment list for United States
registered aircraft authorized for use; the designation of an agent for
service within the United States, including the agent's full name and
office address or usual place of
[[Page 44937]]
residence; and any other item the Administrator determines is
necessary. See Sec. 129.9(a). For foreign air carriers or foreign
persons operating U.S.-registered aircraft in common carriage solely
outside the United States, the FAA-issued operations specifications
currently must include: contact information for the operator in the
State of the Operator; in the case of a foreign air carrier, the
certificate number and validity of the foreign air carrier's AOC issued
by the State of the Operator; any other business names under which the
foreign air carrier or foreign person may operate; the type,
registration markings, and serial number of each United States
registered aircraft authorized for use; the approved maintenance
program and minimum equipment list for United States registered
aircraft authorized for use; 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; and any other item the
Administrator determines is necessary. See Sec. 129.9(b).
The FAA-issued operations specifications do not, however, affect or
interfere with the responsibilities of the relevant State authority of
the State of the Operator, such as the foreign Civil Aviation Authority
(CAA),\5\ that issued an AOC to the foreign air carrier. A CAA is the
national aviation authority empowered by the State of the Operator to
govern and regulate that State's civil aviation. 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.\6\
---------------------------------------------------------------------------
\5\ A CAA is defined as, ``The governmental entity or entities,
however titled, that are directly responsible for the regulation of
all aspects of civil air transport, technical (i.e. air navigation
and aviation safety) and economic (i.e. the commercial aspects of
air transport).'' See ICAO Document 9734, ``Safety Oversight Manual,
Part B--The Establishment and Management of a Regional Safety
Oversight Organization'', pg. 1-3.
\6\ See 14 CFR 129.1, Applicability and definitions.
---------------------------------------------------------------------------
In accordance with the standard in Annex 6,\7\ a foreign air
carrier applying for operations within the United States or applying to
operate U.S.-registered aircraft solely outside of the United States
must meet all the ICAO standards in Annexes 1, 6, and 8. This includes
the holding of a valid AOC issued by the State of the Operator. The
FAA's regulations in part 129 do not provide for acceptance of an AOC
issued by any entity other than the State of the Operator.
---------------------------------------------------------------------------
\7\ Annex 6--Part I, Operation of Aircraft--International
Commercial Air Transport--Aeroplanes, standard 4.2.1.1 (``The
operator shall not engage in commercial air transport operations
unless in possession of a valid air operator certificate issued by
the State of the Operator.'').
---------------------------------------------------------------------------
States develop RSOOs to combine the financial, technical, and other
resources required to provide safety oversight that the States may not
be able to provide individually. ICAO has issued guidance in ICAO
Document 9734 to provide a level of consistency across all States that
are members of an RSOO.\8\ Some RSOOs provide a uniform regulatory
structure through common or harmonized regulations for safety oversight
and provide technical assistance and the execution of safety oversight
functions on behalf of RSOO members. One of these functions may be the
issuance of AOCs on behalf of an RSOO member.
---------------------------------------------------------------------------
\8\ ICAO Document 9734, ``Safety Oversight Manual, Part B--The
Establishment and Management of a Regional Safety Oversight
Organization.''
---------------------------------------------------------------------------
As of May 13, 2024, ICAO has identified 11 RSOOs,\9\ with
membership comprising dozens of States.\10\ States' use of RSOOs to
issue AOCs on behalf of the State of the Operator may expand in the
future. For example, since December 2021, the European Union Aviation
Safety Agency (EASA), which is the RSOO in the European Union, has
issued four AOCs on behalf of the following member States: \11\
Hungary, Portugal, Malta, and Germany.\12\ This rulemaking would allow
the FAA to review and, if acceptable to the Administrator, recognize as
valid AOCs issued by an RSOO on behalf of the State of the Operator,
which, solely by virtue of them not being issued directly by the State
of the Operator, currently do not meet the eligibility requirement for
issuance of part 129 operations specifications.
---------------------------------------------------------------------------
\9\ The list of RSOOs can be found at <a href="http://www.icao.int/safety/Implementation/Pages/List-of-RSOOs.aspx">www.icao.int/safety/Implementation/Pages/List-of-RSOOs.aspx</a>.
\10\ <a href="http://www.icao.int/safety/Implementation/pages/coscaps-rsoos-raios.aspx">www.icao.int/safety/Implementation/pages/coscaps-rsoos-raios.aspx</a>.
\11\ For purposes of this document, the term ``member States''
refers to States which are members of an RSOO.
\12\ The list of EASA-issued AOCs can be found at
www.easa.europa.eu/en/approved-air-transport-operators-aoc.
---------------------------------------------------------------------------
C. Statement of the Problem
Part 129 of title 14 CFR 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. The FAA authorizes these operations via the issuance of part
129 operations specifications, which require an applicant to hold a
valid AOC issued by the State of the Operator. See Sec. 129.7(c). The
current regulations do not provide for acceptance of an AOC issued by
any entity other than the State of the Operator. Allowing acceptance
and recognition as valid of RSOO-issued AOCs on behalf of the State of
the Operator would provide an additional pathway for the FAA's issuance
of part 129 operations specifications to foreign air carriers as well
as retention of the current means of obtaining part 129 operations
specifications. These foreign air carriers provide service to and from
the United States and provide transportation services for U.S. and
foreign citizens. Without this rulemaking, foreign air carriers that
are issued AOCs by an RSOO on behalf of the State of the Operator would
not be eligible to be issued or retain the operation specifications
necessary to operate to or from the United States with their own
aircraft. As discussed further in this proposal, the FAA has determined
that creating this pathway for FAA acceptance of RSOO-issued AOCs on
behalf of the State of the Operator as valid would provide an
equivalent level of safety to the current FAA regulations and process
for acceptance of AOCs by the State of the Operator. Currently, a
detailed evaluation of the State of the Operator's AOC issuance process
is accomplished during the FAA International Aviation Safety Assessment
(IASA) to ensure that it meets the required ICAO standards. This
proposal would allow the FAA to issue authorization to foreign air
carriers with an AOC issued by an RSOO on behalf of the State of the
Operator, as acceptable to the Administrator. The determination of
whether the RSOO-issued AOC on behalf of the State of the Operator is
acceptable to the Administrator would require an IASA-type detailed
review of the State of the Operator functions and tasks to ensure the
ICAO standards required for issuance of an AOC are maintained when
delegated to the RSOO.\13\ FAA acceptance of RSOO-issued AOCs on behalf
of the State of the Operator would follow the same general process,
with additional consideration as to which functions or tasks are
delegated, to allow foreign air carriers with RSOO-issued AOCs to
operate to and from the United States, providing travel services to
citizens of the United States and foreign countries, economic
opportunities for U.S. airlines through code share agreements, and
expanded route structures for code share
[[Page 44938]]
partners.\14\ This proposal also would align the conditions for denial
of an application for operations specifications with the conditions for
issuance of operations specifications.
---------------------------------------------------------------------------
\13\ The FAA process for review and acceptance of AOCs will be
included in FAA order 8900.1, Volume 12, Chapter 2, Section 2. A
draft of this guidance document has been placed in the docket for
this rulemaking.
\14\ A detailed explanation of the DOT code share program can be
found at: <a href="http://www.transportation.gov/policy/aviation-policy/licensing/code-sharing">www.transportation.gov/policy/aviation-policy/licensing/code-sharing</a>.
---------------------------------------------------------------------------
As of May 13, 2024, ICAO has identified 11 RSOOs. While States may
delegate specific safety oversight tasks and functions to RSOOs, each
individual State must still retain the minimum capability required to
carry out its responsibilities under the Chicago Convention.\15\ That
is, each State must maintain the ability to properly and effectively
monitor the safety oversight functions it has delegated to the
RSOO.\16\ Although ICAO Document 9734 part B acknowledges that some
RSOO member States have delegated the issuance of AOCs to RSOOs, ICAO
guidance specifically addresses the delegation of certain functions or
tasks depending on the level of formalized international
intergovernmental organizations, availability of resources, and whether
the RSOO has established common or harmonized legislation and
regulations.
---------------------------------------------------------------------------
\15\ ``Under the Chicago Convention, only the State has
responsibility for safety oversight, and this responsibility may not
be transferred to a regional body. Thus, although the State may
delegate specific safety oversight tasks and functions to an RSOO,
such as inspections for the certification of an operator, the State
must still retain the minimum capability required to carry out its
responsibilities under the Chicago Convention.'' ICAO Document 9734,
``Safety Oversight Manual, Part B--The Establishment and Management
of a Regional Safety Oversight Organization,'' Second Edition--2011,
Chapter 2, at 2.1.8.
\16\ ICAO Document 9734, ``Safety Oversight Manual, Part B--The
Establishment and Management of a Regional Safety Oversight
Organization,'' Second Edition--2011, Chapter 2.
---------------------------------------------------------------------------
Individual States may adopt and promulgate harmonized national
legislation and regulations with the intent of standardizing
regulations across all RSOO member States. When an RSOO has adopted
common legislation and regulations, member States of that RSOO have
gone beyond harmonization and have adopted common civil aviation
requirements that are managed by the RSOO and are the same across all
RSOO member States. RSOO member states may form a legal entity through
an international agreement to comply with a set of common legislative
and regulatory provisions and adopt them for application within their
individual States, or they may establish less formal arrangements that
reflect the understanding of the members.
Where a harmonized regulatory framework prevails in a region,
the civil aviation authorities of member States will remain the sole
authority for the issuance of licences and operator certificates,
approval of aircraft maintenance organizations, approval of design
and production organizations, and approval of training centres. The
role of the RSOO is to carry out tasks, such as inspections, audits
and surveys, necessary for supporting the issuance of certificates,
licences and approvals by the State CAA.\17\
---------------------------------------------------------------------------
\17\ ICAO Document 9734, ``Safety Oversight Manual, Part B--The
Establishment and Management of a Regional Safety Oversight
Organization,'' Second Edition--2011, Chapter 7, at 7.5.12.
Where common legislation and regulations are adopted, RSOO member
States may delegate authority to the RSOO for the conduct of licensing,
certification, authorization, and approval activities, including the
issuance of related documents. In practice, however, the degree of
delegation may also depend on the resources available to the RSOO and
political and legal considerations peculiar to the region.
The issuance of AOCs by a Contracting State must conform to the
standards in ICAO Annex 6, Part I or Part III, guided by ICAO Document
8335, ``Manual of Procedures for Operations Inspection, Certification
and Continued Surveillance.'' Current ICAO Annexes and most ICAO
documents only refer to AOCs issued by the State of the Operator.
The current language in 14 CFR 129.7(c)(5) ``Application, issuance,
or denial of operations specifications'' states that a foreign
applicant may be issued operations specifications if, after review, the
Administrator finds the applicant holds a valid AOC issued by the State
of the Operator. The current text in 14 CFR 129.9 ``Contents of
operations specifications'' states that the contents of the FAA
operations specifications must include contact information for the
applicant in the State of the Operator and the certificate number and
validity of the AOC issued by the State of the Operator. See Sec.
129.9(a)(1) and (3) and (b)(1) and (3). The FAA proposes to amend these
regulations to allow acceptance as valid of an AOC issued by an RSOO,
as well as an AOC issued by the State of the Operator.
The FAA also proposes to amend 14 CFR 129.7(d), as the current
regulation states that an application for operations specifications may
be denied only if the applicant is not properly or adequately equipped
to conduct the operations described in the operations specifications.
However, 14 CFR 129.7(c) provides five conditions that must be met
before the Administrator may issue an applicant operations
specifications. The conditions include that the applicant meets the
applicable requirements of part 129; holds the economic or exemption
authority required by the Department of Transportation, applicable to
the operations to be conducted; complies with the applicable security
requirements of 49 CFR chapter XII; is properly and adequately equipped
to conduct the operations described in the operations specifications;
and holds a valid AOC issued by the State of the Operator.
Currently, if an applicant for part 129 operations specifications
is properly and adequately equipped to conduct the operations described
in the operations specifications but does not meet one of the other
conditions provided in 14 CFR 129.7(c), the application is held in
abeyance until the applicant either satisfies the remaining
requirements or withdraws their application. The amendment would codify
the ability of the Administrator to deny operations specifications if
the applicant does not meet any one of the same five conditions.
II. 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 FAA's authority.
This rulemaking is issued under the authority described in subtitle
VII, part A, subpart III, section 44701(a)(5). Under that section, the
FAA 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. Amending the regulations for
applications for operations specifications under part 129 submitted by
foreign air carriers or foreign persons, and the related standards for
denial of such an application for operations specifications
authorizations, improves the FAA's ability to manage these
authorizations. These operations specifications are issued to foreign
air carriers operating within the United States and to foreign air
carriers or foreign persons conducting operations of U.S.-registered
aircraft solely outside the United States. This regulation is within
the scope of that authority.
III. Discussion of the Proposal
This proposed rule would amend the regulations for applications by
foreign
[[Page 44939]]
air carriers and foreign persons for operations specifications under 14
CFR part 129 and the regulations for the denial of applications for
operations specifications. The proposed rule would apply to the
operations of foreign air carriers in the United States and to foreign
persons or air carriers operating U.S.-registered aircraft in common
carriage solely outside the United States. This proposal would amend
three sections in subpart A of part 129: Sec. 129.1, Applicability and
definitions; Sec. 129.7, Application, issuance, or denial of
operations specifications; and Sec. 129.9, Contents of operations
specifications, as discussed further in this section.
A. Adding Definitions for RSOO and State of the Operator and Related
Changes
The term ``State of the Operator'' was introduced into 14 CFR part
129 in 2011 with no accompanying definition. The FAA is proposing to
add a definition to Sec. 129.1 for ``State of the Operator'' by
adopting the definition used by ICAO. The term ``State of the
Operator'' is defined by ICAO as:
The State in which the operator's principal place of business is
located or, if there is no such place of business, the operator's
permanent residence.\18\
---------------------------------------------------------------------------
\18\ ICAO Annex 6 to the Convention on International Civil
Aviation, Part I--International Commercial Air Transport--
Aeroplanes, Twelfth Edition, July 2022.
The term ``Regional Safety Oversight Organization'' has not been
defined by ICAO. The FAA has developed a proposed definition for
purposes of part 129 using the defining characteristics of RSOOs from
ICAO Document 9734, ``Safety Oversight Manual, Part B--The
Establishment and Management of a Regional Safety Oversight
Organization.'' As proposed, the FAA would define ``Regional Safety
Oversight Organization'' in Sec. 129.1 as an association or
organization that comprises a group of member States, which--
(A) has provided notification to ICAO of the scope of tasks and
functions delegated to the RSOO by its member states, including but not
limited to: sharing common or harmonized aviation regulations,
licensing, certification, authorization, approval, and surveillance of
civil aviation activities, and any legal authority delegated by a
member State to the RSOO; and
(B) has stipulated the specific tasks, functions, and delegations
by member States discussed in paragraph (A), and any other collective
understandings of member States in RSOO formation documentation, such
as an agreement, treaty, or informal record, that is available for
review by the Administrator.
The FAA has determined that adding these terms to the list of
definitions in part 129 is necessary to clarify the intent of existing
requirements and the substantive amendments included in this proposal.
The functions of the RSOO, its objectives, and the level of
authority to be delegated by member States generally determine the form
and size of the RSOO. RSOOs established to date have taken a variety of
forms, ranging from a relatively loose association of CAAs that have
agreed to cooperate in the development and implementation of
requirements and procedures to an intergovernmental organization with
regulatory and enforcement authority, as delegated to it by each member
State of the Operator. The RSOO structure and authority will be driven
by:
The needs of its members, the level of available resources, the
scope of activities, [and] the level of authority delegated by member
States.\19\
---------------------------------------------------------------------------
\19\ ICAO Document 9734, ``Safety Oversight Manual, Part B--The
Establishment and Management of a Regional Safety Oversight
Organization,'' Second Edition--2011, Chapter 2, Section 2.2.6.
---------------------------------------------------------------------------
ICAO Annex 6, Part I requires that:
The operator shall not engage in commercial air transport
operations unless in possession of a valid air operator certificate
issued by the State of the Operator.\20\
---------------------------------------------------------------------------
\20\ ICAO Annex 6 to the Convention on International Civil
Aviation, Part I--International Commercial Air Transport--
Aeroplanes, Twelfth Edition, July 2022, Section 4.2.1.1.
---------------------------------------------------------------------------
The form and content of AOCs must meet the standards in ICAO Annex
6, Part I or Part III, and be issued under the guidance for
certification procedures found in ICAO Document 8335. Issuance of an
AOC depends on the operator's ability to demonstrate various areas to
the issuing authority, such as: adequate organization, control of
flight operations, training programs, and ground and maintenance
programs consistent with the proposed operations.\21\ Each State
establishes procedures for the issuance of an AOC and for the
continuing safety oversight and inspection of the operator.\22\ The
certification and oversight process guidelines that States use in
establishing these procedures are found in ICAO Document 8335, ``Manual
of Procedures for Operations Inspection, Certification and Continued
Surveillance.'' Current ICAO Annexes and most ICAO documents only refer
to AOCs issued by the State of the Operator. However, ICAO Assembly
Resolution A40-6 recognizes:
---------------------------------------------------------------------------
\21\ ICAO Annex 6 to the Convention on International Civil
Aviation, Part I--International Commercial Air Transport--
Aeroplanes, Twelfth Edition, July 2022, Section 4.2.1.
\22\ ICAO Document 8335, ``Manual of Procedures for Operations
Inspection, Certification and Continued Surveillance'', Sixth
Edition, 2022, Part III.
---------------------------------------------------------------------------
That Member States are responsible for implementing ICAO Standards
and may, in this respect, decide on a voluntary basis to delegate
certain functions to RSOOs, and that, when applicable, the word
`States' should be read to include RSOOs.\23\
---------------------------------------------------------------------------
\23\ ICAO Document 10184, ``Assembly Resolutions in Force (as of
7 October 2022),'' Part I--Constitutional and General Policy
Matters, pg. I-119.
---------------------------------------------------------------------------
This process is further discussed in ICAO Document 9734 Part B,
which provides guidance for the establishment and management of
RSOOs.\24\
---------------------------------------------------------------------------
\24\ ICAO Document 9734, ``Safety Oversight Manual, Part B--The
Establishment and Management of a Regional Safety Oversight
Organization.''
---------------------------------------------------------------------------
Whether the AOC is issued by the State of the Operator or an RSOO,
the FAA would use the same criteria to determine the acceptability or
validity of an AOC. Currently, upon application for part 129 operations
specifications, the FAA examines the AOC to determine if the operator
is from an ICAO Contracting State and if the AOC meets the content
requirements listed in ICAO Annex 6, including the AOC number. The FAA
verifies the validity of the AOC with the issuing authority.\25\
Current practice for acceptance of an AOC issued by the State of the
Operator also depends upon an FAA IASA program audit specific to the
State that issued the AOC. The IASA determines a State's compliance
with the international standards of ICAO's eight critical elements of
effective aviation safety oversight as described in the ICAO Document
9734, ``Safety Oversight Manual, Part A--The Establishment and
Management of a State Safety Oversight System.'' The FAA's assessment
may result in the State being issued an IASA category rating of 1 or 2.
Foreign air carriers from a category 1 State are permitted by the FAA
to operate into the United States, provided all other applicable
Department of Transportation, FAA, and Transportation Security
Administration (TSA) regulatory requirements are met. If applicable to
the operation to be conducted, the applicant must present evidence of
the approved security program or waiver issued by the TSA and evidence
of approval of the
[[Page 44940]]
operator's Hazardous Materials (HAZMAT)/Dangerous Goods Program from
the State of the Operator.\26\ Foreign air carriers from a category 2
State are prohibited by the FAA from initiating service to the United
States or have their Operations Specifications limited by the FAA if
they are already operating services to the United States prior to the
FAA's issuance of the category 2.\27\
---------------------------------------------------------------------------
\25\ FAA Order 8900.1 Change 844, June 21, 2023, Volume 12,
Chapter 4, Section 2, paragraph A001(a)&(a)(1).
\26\ 14 CFR 129.7(c)(3) requires the applicant ``Complies with
the applicable security requirements of 49 CFR Chapter XII.'' The
policy regarding TSA and HAZMAT application evidence requirements is
provided in FAA order 8900.1, Volume 12, Chapter 4, Section 1. See
<a href="http://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII">www.ecfr.gov/current/title-49/subtitle-B/chapter-XII</a> for TSA
requirement details.
\27\ FAA, IASA Program and Process, <a href="http://www.faa.gov/sites/faa.gov/files/about/initiatives/iasa/FAA_Initiatives_IASA.pdf">www.faa.gov/sites/faa.gov/files/about/initiatives/iasa/FAA_Initiatives_IASA.pdf</a>.
---------------------------------------------------------------------------
Under this proposal, FAA acceptance of an RSOO-issued AOC on behalf
of the State of the Operator would continue to depend upon the outcome
of an FAA IASA program audit on the RSOO member State of the Operator,
as detailed previously. In addition, consistent with this proposal, the
FAA would review the RSOO and its member State's alignment with the
guidance in ICAO Document 9734 Part B. This FAA review would include,
but is not limited to, a review of: the level of participation of a
State's CAA in the activities of the RSOO; whether the RSOO conducts
its activities following a set of regulations that are common to all
the RSOO's member States; clarification of the role of national
inspectors in the conduct of safety oversight activity by the RSOO; the
role of the RSOO inspectors during the conduct of safety oversight
activity in the member State; and the types of surveillance to be
conducted by member States of the RSOO to ensure the fulfilment of each
member State's obligation as a signatory to the Chicago Convention.
Before recognizing as valid an AOC issued by an RSOO, as proposed,
the FAA would also review the RSOO formation documentation. The FAA
notes that based on the proposed definition of RSOO in this rulemaking,
an RSOO without such documentation available for FAA review would not
be recognized by the FAA for purposes of part 129. Consistent with the
FAA's established IASA program, the FAA's review will determine if
additional audits of both the member State and the RSOO of the areas of
delegated functions or tasks are required to validate compliance with
ICAO requirements under this delegation prior to acceptance.
Each RSOO has a unique structure and legal framework. Whether the
FAA conducts an IASA on the RSOO directly, or the level of
participation the RSOO will have in the State's IASA, will be based on
the structure of the RSOO and what functions have been delegated by the
State of the Operator.
Therefore, the FAA proposes the following amendments related to
RSOOs:
<bullet> In Sec. 129.1(c), insert definitions for ``Regional
Safety Oversight Organization'' and ``State of the Operator;''
<bullet> In Sec. 129.7(c)(5), adding ``or a Regional Safety
Oversight Organization'' so Sec. 129.7(c)(5) reads as follows: Holds a
valid air operator certificate issued by (i) the State of the Operator;
or (ii) a Regional Safety Oversight Organization on behalf of the State
of the Operator, as acceptable to the Administrator;
<bullet> In Sec. 129.9(a)(3), adding ``or a Regional Safety
Oversight Organization'' so Sec. 129.9(a)(3) reads as follows: The
certificate number and validity of the foreign air carrier's Air
Operator Certificate issued by the State of the Operator or a Regional
Safety Oversight Organization on behalf of the State of the Operator;
and
<bullet> In Sec. 129.9(b)(3), adding ``or a Regional Safety
Oversight Organization'' so Sec. 129.9(b)(3) reads as follows: 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 or a Regional Safety Oversight Organization on behalf
of the State of the Operator.
B. Denial of an Application for Operations Specifications
The FAA proposes to amend the conditions under which the FAA can
deny an application for operations specifications in subpart A of part
129. Currently, Sec. 129.7(c) specifies that an applicant must meet
five conditions to be issued operations specifications. These
conditions include that the applicant: holds the economic or exemption
authority required by the Department of Transportation, applicable to
the operations to be conducted; complies with the applicable security
requirements of 49 CFR chapter XII; is properly and adequately equipped
to conduct the operations described in the operations specifications;
and holds a valid AOC issued by the State of the Operator. However,
Sec. 129.7(d) states that the 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. As a result, if an applicant for part 129 operations
specifications is properly and adequately equipped to conduct the
operations described in the operations specifications but does not meet
one of the other conditions provided in 14 CFR 129.7(c), the regulation
does not provide for a formal denial of the application. The practical
effect is that the application is held in abeyance by the FAA until the
applicant either satisfies the remaining requirements or withdraws
their application. Open matters impact the FAA's assignment of
resources and business processes. The proposed change would align the
bases for denial of an application to the five conditions that must be
met for issuance of operations specifications listed in Sec. 129.7(c).
This change would allow the FAA to formally deny applications that do
not meet the requirements of Sec. 129.7(c). The FAA proposes to amend
Sec. 129.7(d), to read as follows: An application may be denied if the
Administrator finds that the applicant does not meet one or more of the
criteria listed in Sec. 129.7(c).
IV. Regulatory Notices and Analyses
Federal agencies consider the impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563, as amended by Executive Order
14094 (``Modernizing Regulatory Review''), direct that each Federal
agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify the
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. 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 that
may result in the expenditure by State, local, and Tribal governments,
in the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $183 million using the most
current (2023) Implicit Price Deflator for the Gross Domestic Product.
In conducting these analyses, the FAA has determined that this
proposed rule: will result in benefits that justify costs; is not
significant under section 3(f)(1) of Executive Order 12866, as amended;
will not have a significant economic
[[Page 44941]]
impact on a substantial number of small entities; will not create
unnecessary obstacles to the foreign commerce of the United States; and
will not impose an unfunded mandate on State, local, or Tribal
governments, or on the private sector.
A. Regulatory Impact Analysis
This proposed rule would allow for the acceptance of AOCs issued by
RSOOs on behalf of the State of the Operator, and it would update the
regulatory basis for denial of applications for operations
specifications.
Update the Process for Accepting AOCs Issued by RSOOs
Currently, a foreign air carrier applying for operations within the
United States or applying to operate U.S.-registered aircraft solely
outside of the United States must hold a valid AOC issued by the State
of the Operator. The existing regulations do not provide for acceptance
of an AOC issued by any other entity other than the State of the
Operator. This rulemaking would allow the FAA to recognize as valid
AOCs issued by an RSOO on behalf of the State of the Operator, as
acceptable to the Administrator. This allows foreign air carriers with
an AOC issued by an RSOO on behalf of the State of the Operator to be
issued authorization by the FAA, as acceptable to the Administrator, to
operate to and from the United States, providing travel services to
citizens of the United States and foreign countries, economic
opportunities for U.S. airlines through code share agreements, and
expanded route structures for code share partners.\28\ This proposed
rule would be consistent with ICAO resolutions and guidance, which
address the development and use of RSOOs.
---------------------------------------------------------------------------
\28\ A detailed explanation of the DOT code share program can be
found at: <a href="http://www.transportation.gov/policy/aviation-policy/licensing/code-sharing">www.transportation.gov/policy/aviation-policy/licensing/code-sharing</a>.
---------------------------------------------------------------------------
Under current practice for operations within the United States,
before acceptance of the AOC, the FAA conducts an IASA on the State of
the Operator.\29\ These assessments involve pre-work and document
review in the United States lasting several weeks, followed by an on-
site assessment in the State of the Operator lasting five business
days. When the State of the Operator is a member of an RSOO, and that
State has delegated functions or tasks to the RSOO, this prework would
include a review of functions or tasks that are delegated by the State
to an RSOO, the scope and level of those delegations, and the need for
RSOO participation in assessing the State's compliance with the ICAO
standards. The assessments involve two to four inspectors and an
attorney. An FAA IASA team incurs traveling costs, such as airfare,
lodging, and per diem associated with the travel destination. However,
these assessments, including the prework, are not expected to represent
an additional cost of the rule because the FAA currently conducts them,
and the FAA does not expect any increase in the number of assessments
as a result of this rulemaking. Currently when accomplishing an IASA on
a State that has delegated functions or tasks to an RSOO, the FAA
reviews that delegation to ensure that the State's and the RSOO's
functions and tasks are in compliance with the ICAO requirements. In
these cases, the RSOO's observes and may participate in the State's
IASA. However, the State of the Operator is ultimately responsible for
the IASA.
---------------------------------------------------------------------------
\29\ 87 FR 58725 (Sept. 28, 2022).
---------------------------------------------------------------------------
The FAA conducts, on average, five IASAs each year. This proposed
rule change would not increase that number. If the FAA has previously
assessed a State of the Operator and that State subsequently delegated
functions or tasks, such as issuance of AOCs by the RSOO, the FAA will
review the RSOO formation documentation to determine if further
assessment to evaluate the continued compliance with ICAO standards is
required. If the FAA determines it needs to do further assessment, it
would be one of that year's IASAs.
Update the Regulatory Basis for Denial of Applications for Operations
Specifications
The FAA proposes to further amend the conditions under which the
FAA can deny the application for operations specifications in subpart
A. Currently, Sec. 129.7(c) specifies that an applicant must meet five
conditions to be issued operations specifications. These conditions
require that the applicant meets the applicable requirements of part
129; holds the economic or exemption authority required by the
Department of Transportation, applicable to the operations to be
conducted; complies with the applicable security requirements of 49 CFR
chapter XII; is properly and adequately equipped to conduct the
operations described in the operations specifications; and holds a
valid AOC issued by the State of the Operator. However, Sec. 129.7(d)
states that the application may be denied if the applicant is not
properly and adequately equipped to conduct the operations described in
the operations specifications. The change would expand the basis for
denial to any of the five conditions listed in Sec. 129.7(c). The
proposed updates to the regulatory basis for denial of applications for
operations specifications would not result in any costs. The proposed
change would align the bases for denial of an application to the
conditions that must be met for issuance of operations specifications.
This would allow the FAA to formally deny applications that do not meet
the requirements of Sec. 129.7(c) instead of the FAA's current
practice of holding the approval of ineligible applications in abeyance
until the conditions are met or the applicant withdraws the
application. There are no specific costs associated with holding an
application in abeyance. The benefit of allowing denial of an
application based on not meeting the regulatory criteria is reduction
of applications in process and ensuring currency of information
provided with an application.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L.
111-240), requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term ``small entities''
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields
and governmental jurisdictions with populations of less than 50,000.
This proposed rule would update the regulations for applications by
foreign air carriers and foreign persons for operations specifications
under part 129. The proposed rule would apply to foreign air carrier
operations within the United States and to U.S.-registered aircraft in
common carriage solely outside the United States. Since this proposed
rule only impacts foreign applicants, this proposal has no impact on
U.S. small entities. Therefore, the FAA proposes to certify that the
rule will not have a significant economic impact on a substantial
number of small entities. The FAA welcomes comments on the basis for
this certification.
C. 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
[[Page 44942]]
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 statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this proposed rule and
determined that it ensures the safety of the American public by
allowing the acceptance of AOCs issued by an RSOO on behalf of the
State of the Operator when reviewed and found acceptable to the
Administrator. As a result, the FAA does not consider this rule as
creating an unnecessary obstacle to foreign commerce.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or Tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. The FAA determined that the proposed rule will not result
in the expenditure of $183 million or more by State, local, or Tribal
governments, in the aggregate, or the private sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The information collections
that are required by this rule are already approved in OMB control
number 2120-0749. The applicant is only required to provide a copy of
their AOC and is not required to provide any additional information if
the AOC is issued by an RSOO. The burden of validating the AOC remains
with the FAA in conjunction with the State of the Operator. The FAA has
determined that there would be no new requirement for information
collection associated with this proposed rule.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to ICAO
Standards and Recommended Practices to the maximum extent practicable.
The FAA has reviewed the corresponding ICAO Standards and Recommended
Practices and has identified the following differences with these
proposed regulations. ICAO Annex 6, Part 1 requires:
The operator shall not engage in commercial air transport
operations unless in possession of a valid air operator certificate
issued by the State of the Operator.\30\
---------------------------------------------------------------------------
\30\ Annex 6--Part I, Operation of Aircraft--International
Commercial Air Transport--Aeroplanes, standard 4.2.1.1.
---------------------------------------------------------------------------
This regulatory change to allow RSOO-issued AOCs on behalf of the
State of the Operator does not comply with this standard. However, the
FAA has determined that the resulting action provides an equivalent
level of safety to that of the standard. If this proposal is adopted,
the FAA intends to file a difference with ICAO. However, this proposed
rule would be consistent with ICAO resolutions and guidance that
address the development and use of RSOOs.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act (NEPA) in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f for regulations and involves
no extraordinary circumstances.
V. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order (E.O.) 13132, Federalism. The FAA has
determined that this proposed action would not have a substantial
direct effect on the States, or the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government, and,
therefore, would not have federalism implications.
B. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments,\31\ and FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures,\32\ the FAA ensures that Federally Recognized Tribes
(Tribes) are given the opportunity to provide meaningful and timely
input regarding proposed Federal actions that have the potential to
affect uniquely or significantly their respective Tribes. At this
point, the FAA has not identified any unique or significant effects,
environmental or otherwise, on Tribes resulting from this proposed
rule.
---------------------------------------------------------------------------
\31\ 65 FR 67249 (Nov. 6, 2000).
\32\ FAA Order No. 1210.20 (Jan. 28, 2004), available at
<a href="http://www.faa.gov/documentLibrary/media/1210.pdf">www.faa.gov/documentLibrary/media/1210.pdf</a>.
---------------------------------------------------------------------------
C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The FAA has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.
D. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this proposed action under the policies and agency
responsibilities of E.O. 13609 and has determined that this action
would require filing a difference with ICAO. However, the FAA has
determined that this proposed rule is not a significant regulatory
action and that no action is required under E.O. 13609. In addition,
this proposed rule would be consistent with ICAO resolutions and
guidance that address the development and use of RSOOs and with the
principles of E.O. 13609.\33\
---------------------------------------------------------------------------
\33\ ICAO Resolutions in Force or ICAO documents are guidance
material and are not mandatory. The standard in ICAO Annex 6, Part 1
Para 4.2.1.1 requires an AOC to be ``issued by the State of the
Operator.'' Therefore, even though the FAA is using ICAO guidance as
a basis for this proposal, the FAA must file a difference to the
specific standard.
---------------------------------------------------------------------------
[[Page 44943]]
VI. Additional Information
A. 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. To ensure the docket does not contain
duplicate comments, commenters should submit only one time if comments
are filed electronically, or commenters should send only one copy of
written comments if comments are filed in writing.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT
section of this document. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
C. Electronic Access and Filing
A copy of this NPRM, all comments received, any final rule, and all
background material may be viewed online at <a href="http://www.regulations.gov">www.regulations.gov</a> using
the docket number listed previously. A copy of this proposed rule will
be placed in the docket. Electronic retrieval help and guidelines are
available on the website. It is available 24 hours a day, every day. An
electronic copy of this document may also be downloaded from the Office
of the Federal Register's website at <a href="http://www.federalregister.gov">www.federalregister.gov</a> and the
Government Publishing Office's website at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. A copy may
also be found at the FAA's Regulations and Policies website at
<a href="http://www.faa.gov/regulations_policies">www.faa.gov/regulations_policies</a>.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
D. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the internet, visit
<a href="http://www.faa.gov/regulations_policies/rulemaking/sbre_act">www.faa.gov/regulations_policies/rulemaking/sbre_act</a>.
List of Subjects in 14 CFR Part 129
Administrative practice and procedure, Air carriers, Aircraft,
Aviation safety, Reporting and recordkeeping requirements, Security
measures, Smoking.
The Proposed Amendments
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR as follows:
PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE
0
1. 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.
0
2. Amend Sec. 129.1 by revising paragraph (c)(2) and adding paragraphs
(c)(3) and (4) to read as follows:
Sec. 129.1 Applicability and definitions.
* * * * *
(c) * * *
(2) Regional Safety Oversight Organization means an association or
organization that comprises a group of member States, which--
(i) Has provided notification to the International Civil Aviation
Organization of the scope of tasks and functions delegated to the
Regional Safety Oversight Organization, including but not limited to:
sharing common or harmonized aviation regulations, licensing,
certification, authorization, approval, and surveillance of civil
aviation activities, and any legal authority delegated by a member
State to the Regional Safety Oversight Organization; and
(ii) Has stipulated the specific tasks, functions, and delegations
by member States discussed in paragraph (c)(2)(i) of this section, and
any other collective understandings of member States in Regional Safety
Oversight Organization formation documentation, such as an agreement,
treaty, or informal record, that is available for review by the
Administrator.
(3) State of the Operator means the State in which the operator's
principal place of business is located or, if there is no such place of
business, the operator's permanent residence.
(4) Years in service means the calendar time elapsed since an
aircraft was issued its first U.S. or first foreign airworthiness
certificate.
0
3. Amend Sec. 129.7 by revising paragraphs (c)(5) and (d) to read as
follows:
Sec. 129.7 Application, issuance, or denial of operations
specifications.
* * * * *
(c) * * *
(5) Holds a valid air operator certificate issued by
(i) the State of the Operator; or
(ii) a Regional Safety Oversight Organization on behalf of the
State of the Operator, as acceptable to the Administrator.
(d) An application may be denied if the Administrator finds that
the applicant does not meet one or more of the criteria listed in
paragraph (c) of this section.
[[Page 44944]]
0
4. Amend Sec. 129.9 by revising paragraphs (a)(3) and (b)(3) to read
as follows:
Sec. 129.9 Contents of operations specifications.
(a) * * *
(3) The certificate number and validity of the foreign air
carrier's air operator certificate issued by the State of the Operator
or a Regional Safety Oversight Organization on behalf of the State of
the Operator;
* * * * *
(b) * * *
(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 or a Regional Safety Oversight
Organization on behalf of the State of the Operator;
* * * * *
Issued under authority provided by 49 U.S.C. 106(f) and 44701(a)
in Washington, DC.
Robert M. Ruiz,
Deputy Executive Director, Flight Standards Service.
[FR Doc. 2024-11253 Filed 5-21-24; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 22, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.