Sec. 139.217 - Amendment of airport certification
manual or airport certification specifications.
(a) The Regional Airports Division
Manager may amend any airport certification manual or any airport
certification specifications approved under this part, either --
(1) Upon application by the
certification holder; or
(2) On the Regional Airports Division
Manager's own initiative if the Regional Airports Division Manager
determines that safety in air transportation or air commerce and the
public interest require the amendment.
(b) An applicant for an amendment to its
airport certification manual or its airport certification specifications
shall file its application with the Regional Airports Division Manager at
least 30 days before the proposed effective date of the amendment, unless
a shorter filing period is allowed by that office.
(c) At any time within 30 days after
receiving a notice of refusal to approve the application for amendment,
the certificate holder may petition the Administrator to reconsider the
refusal to amend.
(d) In the case of amendments initiated
by the Regional Airports Division Manager, the office notifies the
certificate holder of the proposed amendment, in writing, fixing a
reasonable period (but not less than 7 days) within which the certificate
holder may submit written information, views, and arguments on the
amendment. After considering all relevant material presented, the Regional
Airports Division Manager notifies the certificate holder of any amendment
adopted or rescinds the notice. The amendment becomes effective not less
than 30 days after the certificate holder receives notice of it, except
that prior to the effective date the certificate holder may petition the
Administrator to reconsider the amendment, in which case its effective
date is stayed pending a decision by the Administrator.
(e) Notwithstanding the provisions of
paragraph (d) of this section, if the Regional Airports Division Manager
finds that there is an emergency requiring immediate action with respect
to safety in air transportation or air commerce that makes the procedures
in this paragraph impractical or contrary to the public interest, the
Regional Airports Division Manager may issue an amendment, effective
without stay on the date the certificate holder receives notice of it. In
such a case, the Regional Airports Division Manager incorporates the
finding of the emergency, and a brief statement of the reasons for the
finding, in the notice of the amendment. Within 30 days after the issuance
of such an emergency amendment, the certificate holder may petition the
Administrator to reconsider either the finding of an emergency or the
amendment itself or both. This petition does not automatically stay the
effectiveness of the emergency amendment.
[Doc. No. 24812, 52 FR 44282, Nov. 18, 1987, as
amended by Amdt. 139-16, 54 FR 39295, Sept. 25, 1989]