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 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.