§ 125.35 - Amendment of operations specifications.

§ 125.35 Amendment of operations specifications.

(a) The FAA responsible Flight Standards district office charged with the overall inspection of the certificate holder may amend any operations specifications issued under this part if -

(1) It determines that safety in air commerce requires that amendment; or

(2) Upon application by the holder, that district the responsible Flight Standards office determines that safety in air commerce allows that amendment.

(b) The certificate holder must file an application to amend operations specifications at least 15 days before the date proposed by the applicant for the amendment to become effective, unless a shorter filing period is approved. The application must be on a form and in a manner prescribed by the Administrator and be submitted to the FAA responsible Flight Standards district office charged with the overall inspection of the certificate holder.

(c) Within 30 days after a notice of refusal to approve a holder's application for amendment is received, the holder may petition the Executive Director, Flight Standards Service, to reconsider the refusal to amend.

(d) When the FAA responsible Flight Standards district office charged with the overall inspection of the certificate holder amends operations specifications, that district the responsible Flight Standards office gives notice in writing to the holder of a proposed amendment to the operations specifications, fixing a period of not less than 7 days within which the holder may submit written information, views, and arguments concerning the proposed amendment. After consideration of all relevant matter presented, that district the responsible Flight Standards office notifies the holder of any amendment adopted, or a rescission of the notice. That amendment becomes effective not less than 30 days after the holder receives notice of the adoption of the amendment, unless the holder petitions the Executive Director, Flight Standards Service, for reconsideration of the amendment. In that case, the effective date of the amendment is stayed pending a decision by the Executive Director. If the Executive Director finds there is an emergency requiring immediate action as to safety in air commerce that makes the provisions of this paragraph impracticable or contrary to the public interest, the Executive Director notifies the certificate holder that the amendment is effective on the date of receipt, without previous notice.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-13, 54 FR 39294, Sept. 25, 1989; Docket FAA-2018-0119, Amdt. 125-68, 83 FR 9173, 9174, Mar. 5, 2018]