[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR139.217]

[Page 780]
 
                     TITLE 14--AERONAUTICSAND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 139--CERTIFICATION AND OPERATIONS: LAND AIRPORTS SERVING CERTAIN 
AIR CARRIERS--Table of Contents
 
   Subpart C--Airport Certification Manual and Airport Certification 
                             Specifications
 
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]