(a) The Administrator may amend any management specifications issued under this subpart if -
(1) The Administrator determines that safety and the public interest require the amendment of any management specifications; or
(2) The program manager applies for the amendment of any management specifications, and the Administrator determines that safety and the public interest allows the amendment.
(b) Except as provided in paragraph (e) of this section, when the Administrator initiates an amendment of a program manager's management specifications, the following procedure applies:
(1) The Flight Standards office that issued the program manager's management specifications will notify the program manager in writing of the proposed amendment.
(2) The Flight Standards office that issued the program manager's management specifications will set a reasonable period (but not less than 7 days) within which the program manager may submit written information, views, and arguments on the amendment.
(3) After considering all material presented, the Flight Standards office that issued the program manager's management specifications will notify the program manager of -
(i) The adoption of the proposed amendment,
(ii) The partial adoption of the proposed amendment, or
(iii) The withdrawal of the proposed amendment.
(4) If the Flight Standards office that issued the program manager's management specifications issues an amendment of the management specifications, it becomes effective not less than 30 days after the program manager receives notice of it unless -
(i) The Flight Standards office that issued the program manager's management specifications finds under paragraph (e) of this section that there is an emergency requiring immediate action with respect to safety; or
(ii) The program manager petitions for reconsideration of the amendment under paragraph (d) of this section.
(c) When the program manager applies for an amendment to its management specifications, the following procedure applies:
(1) The program manager must file an application to amend its management specifications -
(i) At least 90 days before the date proposed by the applicant for the amendment to become effective, unless a shorter time is approved, in cases such as mergers, acquisitions of operational assets that require an additional showing of safety (for example, proving tests or validation tests), and resumption of operations following a suspension of operations as a result of bankruptcy actions.
(ii) At least 15 days before the date proposed by the applicant for the amendment to become effective in all other cases.
(2) The application must be submitted to the Flight Standards office that issued the program manager's management specifications in a form and manner prescribed by the Administrator.
(3) After considering all material presented, the Flight Standards office that issued the program manager's management specifications will notify the program manager of -
(i) The adoption of the applied for amendment;
(ii) The partial adoption of the applied for amendment; or
(iii) The denial of the applied for amendment. The program manager may petition for reconsideration of a denial under paragraph (d) of this section.
(4) If the Flight Standards office that issued the program manager's management specifications approves the amendment, following coordination with the program manager regarding its implementation, the amendment is effective on the date the Administrator approves it.
(d) When a program manager seeks reconsideration of a decision of the Flight Standards office that issued the program manager's management specifications concerning the amendment of management specifications, the following procedure applies:
(1) The program manager must petition for reconsideration of that decision within 30 days of the date that the program manager receives a notice of denial of the amendment of its management specifications, or of the date it receives notice of an FAA-initiated amendment of its management specifications, whichever circumstance applies.
(2) The program manager must address its petition to the Executive Director, Flight Standards Service.
(3) A petition for reconsideration, if filed within the 30-day period, suspends the effectiveness of any amendment issued by the Flight Standards office that issued the program manager's management specifications unless that office has found, under paragraph (e) of this section, that an emergency exists requiring immediate action with respect to safety.
(4) If a petition for reconsideration is not filed within 30 days, the procedures of paragraph (c) of this section apply.
(e) If the Flight Standards office that issued the program manager's management specifications finds that an emergency exists requiring immediate action with respect to safety that makes the procedures set out in this section impracticable or contrary to the public interest -
(1) The Flight Standards office amends the management specifications and makes the amendment effective on the day the program manager receives notice of it; and
(2) In the notice to the program manager, the Flight Standards office will articulate the reasons for its finding that an emergency exists requiring immediate action with respect to safety or that makes it impracticable or contrary to the public interest to stay the effectiveness of the amendment.
[Docket No. FAA-2001-10047, 68 FR 54561, Sept. 17, 2003, as amended by Docket FAA-2018-0119, Amdt. 91-350, 83 FR 9171, Mar. 5, 2018]