14 CFR Part 119 — Certification: Air Carriers and Commercial Operators

14 CFR Ch. I (1–1–26 Edition) Pt. 119

119.63 Recency of operation.

PART 118 [ RESERVED ]

119.65 Management personnel required for operations conducted under part 121 of

PART 119—CERTIFICATION: AIR

this chapter.

119.67 Management personnel: Qualifica-

CARRIERS AND COMMERCIAL

tions for operations conducted under

OPERATORS

part 121 of this chapter.

119.69 Management personnel required for Subpart A—General operations conducted under part 135 of this chapter.

Sec.

119.71 Management personnel: Qualifica- 119.1 Applicability.

tions for operations conducted under 119.3 [Reserved] part 135 of this chapter.

119.5 Certifications, authorizations, and 119.73 Employment of former FAA employ- prohibitions.

ees.

119.7 Operations specifications.

119.8 Safety Management Systems.

AUTHORITY : 49 U.S.C. 106(f), 40101, 40102, 119.9 Use of business names.

40103, 40113, 44105, 44106, 44111, 44701–44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, Subpart B—Applicability of Operating Re- 44936, 44938, 46103, 46105; sec. 215, Pub. L. 111– quirements to Different Kinds of Oper- 216, 124 Stat. 2348.

ations Under Parts 121, 125, and 135 of S OURCE : Docket 28154, 60 FR 65913, Dec. 20, This Chapter 1995, unless otherwise noted.

119.21 Commercial operators engaged in intrastate common carriage and direct

Subpart A—General

air carriers.

119.23 Operators engaged in passenger-car- § 119.1 Applicability.

rying operations, cargo operations, or (a) This part applies to each person both with airplanes or powered-lift when operating or intending to operate civil common carriage is not involved.

119.25 Rotorcraft operations: Direct air car- aircraft— riers and commercial operators.

(1) As an air carrier or commercial operator, or both, in air commerce; or Subpart C—Certification, Operations Spec- (2) When common carriage is not in- ifications, and Certain Other Require- volved, in operations of any U.S.-reg- ments for Operations Conducted istered civil airplane or powered-lift Under Part 121 or Part 135 of This with a seat configuration of 20 or more Chapter passengers, or a maximum payload ca- 119.31 Applicability. pacity of 6,000 pounds or more; or 119.33 General requirements.

(3) When noncommon carriage is in- 119.35 Certificate application requirements volved, except as provided in § 91.501(b) for all operators.

of this chapter, or in private carriage 119.36 Additional certificate application re- for compensation or hire, in operations quirements for commercial operators.

of any U.S.-registered civil airplane or 119.37 Contents of an Air Carrier Certificate powered-lift with a passenger-seat con- or Operating Certificate.

figuration of less than 20 seats and a 119.39 Issuing or denying a certificate.

119.41 Amending a certificate. payload capacity of less than 6,000 119.43 Certificate holder’s duty to maintain pounds.

operations specifications.

(b) This part prescribes— 119.45 [Reserved] (1) The types of air operator certifi- 119.47 Maintaining a principal base of oper- cates issued by the Federal Aviation ations, main operations base, and main Administration, including air carrier maintenance base; change of address.

certificates and operating certificates; 119.49 Contents of operations specifications.

(2) The certification requirements an 119.51 Amending operations specifications.

119.53 Wet leasing of aircraft and other ar- operator must meet in order to obtain rangements for transportation by air.

and hold a certificate authorizing oper- 119.55 Obtaining deviation authority to per- ations under part 121, 125, or 135 of this form operations under a U.S. military chapter and operations specifications contract.

for each kind of operation to be con- 119.57 Obtaining deviation authority to per- ducted and each class and size of air- form an emergency operation.

craft to be operated under part 121 or 119.59 Conducting tests and inspections.

135 of this chapter; 119.61 Duration and surrender of certificate and operations specifications.

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Federal Aviation Administration, DOT § 119.1 (3) The requirements an operator Canyon National Park, Arizona, the re- must meet to conduct operations under quirements of SFAR 50–2, part 93, sub- part 121, 125, or 135 of this chapter and part U, of the chapter and this part, as in operating each class and size of air- applicable, apply.

craft authorized in its operations speci- (3) Ferry or training flights; fications; (4) Aerial work operations, includ- (4) Requirements affecting wet leas- ing— ing of aircraft and other arrangements (i) Crop dusting, seeding, spraying, for transportation by air; and bird chasing; (5) Requirements for obtaining devi- (ii) Banner towing; ation authority to perform operations (iii) Aerial photography or survey; under a military contract and obtain- (iv) Fire fighting; ing deviation authority to perform an (v) Powered-lift or rotorcraft oper- emergency operation; and ations in construction or repair work (6) Requirements for management (but part 119 of this chapter does apply personnel for operations conducted under part 121 or part 135 of this chap- to transportation to and from the site ter. of operations); and (c) Persons subject to this part must (vi) Powerline or pipeline patrol; comply with the other requirements of (5) Sightseeing flights conducted in this chapter, except where those re- hot air balloons or gliders; quirements are modified by or where (6) Nonstop flights conducted within additional requirements are imposed a 25-statute-mile radius of the airport by part 119, 121, 125, or 135 of this chap- of takeoff carrying persons or objects ter.

for the purpose of conducting inten- (d) This part does not govern oper- tional parachute operations.

ations conducted under part 91, subpart (7) Powered-lift or rotorcraft flights K (when common carriage is not in- conducted within a 25 statute mile ra- volved) nor does it govern operations dius of the airport of takeoff if— conducted under part 129, 133, 137, or (i) Not more than two passengers are 139 of this chapter.

carried in the aircraft in addition to (e) Except for operations when com- the required flightcrew; mon carriage is not involved conducted with any airplane or powered-lift hav- (ii) Each flight is made under day ing a passenger-seat configuration of 20 VFR conditions; seats or more, excluding any required (iii) The aircraft used is certificated crewmember seat, or a payload capac- in the standard category and complies ity of 6,000 pounds or more, this part with the 100-hour inspection require- does not apply to— ments of part 91 of this chapter; (1) Student instruction; (iv) The operator notifies the respon- (2) Nonstop Commercial Air Tours sible Flight Standards office at least 72 that occur in an airplane, powered-lift, hours before each flight and furnishes or rotorcraft having a standard air- any essential information that the of- worthiness certificate and passenger- fice requests; seat configuration of 30 seats or fewer (v) The number of flights does not ex- and a maximum payload capacity of ceed a total of six in any calendar year; 7,500 pounds or less that begin and end (vi) Each flight has been approved by at the same airport, and are conducted the Administrator; and within a 25-statute mile radius of that (vii) Cargo is not carried in or on the airport, in compliance with the Letter aircraft; of Authorization issued under § 91.147 of this chapter. For nonstop Commercial (8) Operations conducted under part Air Tours conducted in accordance 133 of this chapter or 375 of this title; with part 136, subpart B, of this chap- (9) Emergency mail service con- ter, National Parks Air Tour Manage- ducted under 49 U.S.C. 41906; ment, the requirements of this part (10) Operations conducted under the apply unless excepted in § 136.37(g)(2).

provisions of § 91.321 of this chapter; or For Nonstop Commercial Air Tours conducted in the vicinity of the Grand VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00041 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 119.3 (11) Small UAS operations conducted the kind of operation conducted under under part 107 of this chapter. that paragraph; and (2) The appropriate authorizations, [Docket 28154, 60 FR 65913, Dec. 20, 1995, as limitations, and procedures specified in amended by Amdt. 119–4, 66 FR 23557, May 9, the operations specifications for each 2001; Amdt. 119–5, 67 FR 9554, Mar. 1, 2002; Amdt. 119–7, 68 FR 54584, Sept. 17, 2003; 72 FR kind of operation.

6911, Feb. 13, 2007; Docket FAA–2015–0150, (g) No person may operate as a direct Amdt. 119–18, 81 FR 42214, June 28, 2016; air carrier or as a commercial operator Docket FAA–2018–0119, Amdt. 119–19, 83 FR without, or in violation of, an appro- 9172, Mar. 5, 2018; Docket FAA–2022–1563; priate certificate and appropriate oper- Amdt. 119–20, 88 FR 48088, July 26, 2023] ations specifications. No person may E FFECTIVE D ATE N OTE : By Docket FAA– operate as a direct air carrier or as a 2023–1377, 119–22, 90 FR 35222, July 24, 2025, commercial operator in violation of § 119.1 was amended, effective July 24, 2026.

any deviation or exemption authority, § 119.3 [Reserved] if issued to that person or that person’s representative.

§ 119.5 Certifications, authorizations, (h) A person holding an Operating and prohibitions.

Certificate authorizing noncommon or (a) A person authorized by the Ad- private carriage operations shall not ministrator to conduct operations as a conduct any operations in common car- direct air carrier will be issued an Air riage. A person holding an Air Carrier Carrier Certificate.

Certificate or Operating Certificate au- (b) A person not authorized to con- thorizing common carriage operations duct direct air carrier operations, but shall not conduct any operations in authorized by the Administrator to noncommon carriage.

conduct operations as a U.S. commer- (i) No person may operate as a direct cial operator, will be issued an Oper- air carrier without holding appropriate ating Certificate.

economic authority from the Depart- (c) A person not authorized to con- ment of Transportation.

duct direct air carrier operations, but (j) A certificate holder under this authorized by the Administrator to part may not operate aircraft under conduct operations when common car- part 121 or part 135 of this chapter in a riage is not involved as an operator of geographical area unless its operations any U.S.-registered civil airplane or specifications specifically authorize powered-lift with a seat configuration the certificate holder to operate in of 20 or more passengers, or a max- that area.

imum payload capacity of 6,000 pounds (k) No person may advertise or other- or more, will be issued an Operating wise offer to perform an operation sub- Certificate.

ject to this part unless that person is (d) A person authorized to engage in authorized by the Federal Aviation Ad- common carriage under part 121 or part ministration to conduct that oper- 135 of this chapter, or both, shall be ation.

issued only one certificate authorizing (l) No person may operate an aircraft such common carriage, regardless of under this part, part 121 of this chap- the kind of operation or the class or ter, or part 135 of this chapter in viola- size of aircraft to be operated.

tion of an air carrier operating certifi- (e) A person authorized to engage in cate, operating certificate, or appro- noncommon or private carriage under priate operations specifications issued part 125 or part 135 of this chapter, or under this part.

both, shall be issued only one certifi- cate authorizing such carriage, regard- [Docket 28154, 60 FR 65913, Dec. 20, 1995, as less of the kind of operation or the amended by Amdt. 119–3, 62 FR 13253, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997; Docket FAA– class or size of aircraft to be operated.

2022–1563, Amdt. 119–20, 88 FR 48089, July 26, (f) A person conducting operations 2023] under more than one paragraph of §§ 119.21, 119.23, or 119.25 shall conduct § 119.7 Operations specifications.

those operations in compliance with— (1) The requirements specified in (a) Each certificate holder’s oper- each paragraph of those sections for ations specifications must contain— VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00042 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR

Federal Aviation Administration, DOT § 119.21 (1) The authorizations, limitations, Subpart B—Applicability of Oper- and certain procedures under which ating Requirements to Dif- each kind of operation, if applicable, is ferent Kinds of Operations to be conducted; and Under Parts 121, 125, and 135 (2) Certain other procedures under of This Chapter which each class and size of aircraft is to be operated.

§ 119.21 Commercial operators en- gaged in intrastate common car- (b) Except for operations specifica- riage and direct air carriers.

tions paragraphs identifying author- ized kinds of operations, operations (a) Each person who conducts air- specifications are not a part of a cer- plane or powered-lift operations as a tificate.

commercial operator engaged in intra- state common carriage of persons or § 119.8 Safety Management Systems.

property for compensation or hire in air commerce, or as a direct air carrier, Certificate holders authorized to con- shall comply with the certification and duct operations under part 121 or 135 of operations specifications requirements this chapter must have a safety man- in subpart C of this part, and shall con- agement system that meets the re- duct its: quirements of part 5 of this chapter.

(1) Domestic operations in accord- [Docket FAA–2021–0419; Amdt. 119–21, 89 FR ance with the applicable requirements 33109, Apr. 26, 2024] of part 121 of this chapter, and shall be issued operations specifications for § 119.9 Use of business names.

those operations in accordance with those requirements. However, based on (a) A certificate holder under this a showing of safety in air commerce, part may not operate an aircraft under the Administrator may permit persons part 121 or part 135 of this chapter who conduct domestic operations be- using a business name other than a tween any point located within any of business name appearing in the certifi- the following Alaskan islands and any cate holder’s operations specifications.

point in the State of Alaska to comply (b) No person may operate an aircraft with the requirements applicable to under part 121 or part 135 of this chap- flag operations contained in subpart U ter unless the name of the certificate of part 121 of this chapter: holder who is operating the aircraft, or (i) The Aleutian Islands.

the air carrier or operating certificate (ii) The Pribilof Islands.

number of the certificate holder who is (iii) The Shumagin Islands.

operating the aircraft, is legibly dis- (2) Flag operations in accordance played on the aircraft and is clearly with the applicable requirements of visible and readable from the outside of part 121 of this chapter, and shall be the aircraft to a person standing on the issued operations specifications for ground at any time except during those operations in accordance with flight time. The means of displaying those requirements.

the name on the aircraft and its read- (3) Supplemental operations in ac- ability must be acceptable to the Ad- cordance with the applicable require- ministrator.

ments of part 121 of this chapter, and shall be issued operations specifica- [Docket 28154, 60 FR 65913, Dec. 20, 1995, as tions for those operations in accord- amended by Amdt. 119–3, 62 FR 13253, Mar. 19, ance with those requirements. How- 1997] ever, based on a determination of safe- ty in air commerce, the Administrator may authorize or require those oper- ations to be conducted under paragraph (a)(1) or (a)(2) of this section.

(4) Commuter operations in accord- ance with the applicable requirements of part 135 of this chapter, and shall be issued operations specifications for VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00043 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 119.23 those operations in accordance with (1) Comply with the certification and those requirements. operations specifications requirements (5) On-demand operations in accord- in subpart C of this part; ance with the applicable requirements (2) Conduct those operations in ac- of part 135 of this chapter, and shall be cordance with the requirements of part issued operations specifications for 135 of this chapter, except for those re- those operations in accordance with quirements applicable only to com- those requirements.

muter operations; and (b) Persons who are subject to the re- (3) Be issued operations specifica- quirements of paragraph (a)(4) of this tions in accordance with those require- section may conduct those operations ments.

in accordance with the requirements of [Docket 28154, 60 FR 65913, Dec. 20, 1995, as paragraph (a)(1) or (a)(2) of this sec- amended by Amdt. 119–2, 61 FR 30434, June tion, provided they obtain authoriza- 14, 1996; Docket FAA–2022–1563, Amdt. 119–20, tion from the Administrator.

88 FR 48089, July 26, 2023] (c) Persons who are subject to the re- quirements of paragraph (a)(5) of this § 119.25 Rotorcraft operations: Direct section may conduct those operations air carriers and commercial opera- in accordance with the requirements of tors.

paragraph (a)(3) of this section, pro- Each person who conducts rotorcraft vided they obtain authorization from operations for compensation or hire the Administrator.

must comply with the certification and [Docket 28154, 60 FR 65913, Dec. 20, 1995, as operations specifications requirements amended by Amdt. 119–2, 61 FR 30433, June of Subpart C of this part, and shall con- 14, 1996; Amdt. 119–3, 62 FR 13254, Mar. 19, duct its: 1997; Docket FAA–2022–1563, Amdt. 119–20, 88 (a) Commuter operations in accord- FR 48089, July 26, 2023] ance with the applicable requirements § 119.23 Operators engaged in pas- of part 135 of this chapter, and shall be senger-carrying operations, cargo issued operations specifications for operations, or both with airplanes those operations in accordance with or powered-lift when common car- those requirements.

riage is not involved.

(b) On-demand operations in accord- (a) Each person who conducts oper- ance with the applicable requirements ations when common carriage is not in- of part 135 of this chapter, and shall be volved with any airplane or powered- issued operations specifications for lift having a passenger-seat configura- those operations in accordance with tion of 20 seats or more, excluding each those requirements.

crewmember seat, or a payload capac- ity of 6,000 pounds or more, must, un- Subpart C—Certification, Oper- less deviation authority is issued— ations Specifications, and (1) Comply with the certification and operations specifications requirements Certain Other Requirements of part 125 of this chapter; for Operations Conducted (2) Conduct its operations in accord- Under Part 121 or Part 135 of ance with the requirements of part 125 This Chapter of this chapter; and (3) Be issued operations specifica- § 119.31 Applicability.

tions in accordance with those require- This subpart sets out certification re- ments.

quirements and prescribes the content (b) Each person who conducts non- of operations specifications and certain common carriage (except as provided other requirements for operations con- in § 91.501(b) of this chapter) or private ducted under part 121 or part 135 of this carriage operations for compensation chapter.

or hire with any airplane or powered- lift having a passenger-seat configura- § 119.33 General requirements.

tion of less than 20 seats, excluding (a) A person may not operate as a di- each crewmember seat, and a payload rect air carrier unless that person— capacity of less than 6,000 pounds, must— (1) Is a citizen of the United States; VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00044 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 119.36 (2) Obtains an Air Carrier Certificate; (b) Each applicant must submit the and application to the Administrator at least 90 days before the date of in- (3) Obtains operations specifications tended operation.

that prescribe the authorizations, limi- tations, and procedures under which [Docket 28154, 62 FR 13254, Mar. 19, 1997; 62 each kind of operation must be con- FR 15570, Apr. 1, 1997] ducted.

(b) A person other than a direct air § 119.36 Additional certificate applica- tion requirements for commercial carrier may not conduct any commer- operators.

cial passenger or cargo aircraft oper- ation for compensation or hire under (a) Each applicant for the original part 121 or part 135 of this chapter un- issue of an operating certificate for the less that person— purpose of conducting intrastate com- mon carriage operations under part 121 (1) Is a citizen of the United States; or part 135 of this chapter must submit (2) Obtains an Operating Certificate; an application in a form and manner and prescribed by the Administrator to the (3) Obtains operations specifications responsible Flight Standards office.

that prescribe the authorizations, limi- (b) Each application submitted under tations, and procedures under which paragraph (a) of this section must con- each kind of operation must be con- tain a signed statement showing the ducted.

following: (c) Each applicant for a certificate (1) For corporate applicants: under this part and each applicant for (i) The name and address of each operations specifications authorizing a stockholder who owns 5 percent or new kind of operation that is subject to more of the total voting stock of the § 121.163 or § 135.145 of this chapter shall corporation, and if that stockholder is conduct proving tests as authorized by not the sole beneficial owner of the the Administrator during the applica- stock, the name and address of each tion process for authority to conduct beneficial owner. An individual is con- operations under part 121 or part 135 of sidered to own the stock owned, di- this chapter. All proving tests must be rectly or indirectly, by or for his or her conducted in a manner acceptable to spouse, children, grandchildren, or par- the Administrator. All proving tests ents.

must be conducted under the appro- (ii) The name and address of each di- priate operating and maintenance re- rector and each officer and each person quirements of part 121 or 135 of this employed or who will be employed in a chapter that would apply if the appli- management position described in cant were fully certificated. The Ad- §§ 119.65 and 119.69, as applicable.

ministrator will issue a letter of au- (iii) The name and address of each thorization to each person stating the person directly or indirectly control- various authorities under which the ling or controlled by the applicant and proving tests shall be conducted.

each person under direct or indirect [Docket 28154, 60 FR 65913, Dec. 20, 1995, as control with the applicant.

amended by Amdt. 119–2, 61 FR 30434, June (2) For non-corporate applicants: 14, 1996] (i) The name and address of each per- son having a financial interest therein § 119.35 Certificate application re- and the nature and extent of that in- quirements for all operators.

terest.

(a) A person applying to the Adminis- (ii) The name and address of each trator for an Air Carrier Certificate or person employed or who will be em- Operating Certificate under this part ployed in a management position de- (applicant) must submit an applica- scribed in §§ 119.65 and 119.69, as appli- tion— cable.

(1) In a form and manner prescribed (c) In addition, each applicant for the by the Administrator; and original issue of an operating certifi- (2) Containing any information the cate under paragraph (a) of this section Administrator requires the applicant must submit with the application a to submit. signed statement showing— VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00045 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 119.36 (1) The nature and scope of its in- enue, including identification of its ex- tended operation, including the name isting and anticipated income pro- and address of each person, if any, with ducing contracts and estimated rev- whom the applicant has a contract to enue per mile or hour of operation by provide services as a commercial oper- aircraft type; ator and the scope, nature, date, and (ii) Estimated amount of operating duration of each of those contracts; and nonoperating expenses by expense and objective classification; and (2) For applicants intending to con- (iii) Estimated net profit or loss for duct operations under part 121 of this the period.

chapter, the financial information list- (5) An estimate of the cash that will ed in paragraph (e) of this section. be needed for the proposed operations (d) Each applicant for, or holder of, a during the first 6 months after the certificate issued under paragraph (a) month in which the certificate is ex- of this section, shall notify the Admin- pected to be issued, including— istrator within 10 days after— (i) Acquisition of property and equip- (1) A change in any of the persons, or ment (explain); the names and addresses of any of the (ii) Retirement of debt (explain); persons, submitted to the Adminis- (iii) Additional working capital (ex- trator under paragraph (b)(1) or (b)(2) plain); of this section; or (iv) Operating losses other than de- (2) For applicants intending to con- preciation and amortization (explain); duct operations under part 121 of this and chapter, a change in the financial in- (v) Other (explain).

formation submitted to the Adminis- (6) An estimate of the cash that will trator under paragraph (e) of this sec- be available during the first 6 months tion that occurs while the application after the month in which the certifi- for the issue is pending before the FAA cate is expected to be issued, from— and that would make the applicant’s fi- (i) Sale of property or flight equip- nancial situation substantially less fa- ment (explain); vorable than originally reported. (ii) New debt (explain); (e) Each applicant for the original (iii) New equity (explain); issue of an operating certificate under (iv) Working capital reduction (ex- paragraph (a) of this section who in- plain); tends to conduct operations under part (v) Operations (profits) (explain); 121 of this chapter must submit the fol- (vi) Depreciation and amortization lowing financial information: (explain); and (1) A balance sheet that shows assets, (vii) Other (explain).

liabilities, and net worth, as of a date (7) A schedule of insurance coverage not more than 60 days before the date in effect on the balance sheet date of application. showing insurance companies; policy (2) An itemization of liabilities more numbers; types, amounts, and period of than 60 days past due on the balance coverage; and special conditions, exclu- sheet date, if any, showing each credi- sions, and limitations.

tor’s name and address, a description of (8) Any other financial information the liability, and the amount and due that the Administrator requires to en- date of the liability. able him or her to determine that the (3) An itemization of claims in litiga- applicant has sufficient financial re- tion, if any, against the applicant as of sources to conduct his or her oper- the date of application showing each ations with the degree of safety re- claimant’s name and address and a de- quired in the public interest.

scription and the amount of the claim. (f) Each financial statement con- (4) A detailed projection of the pro- taining financial information required posed operation covering 6 complete by paragraph (e) of this section must months after the month in which the be based on accounts prepared and certificate is expected to be issued in- maintained on an accrual basis in ac- cluding— cordance with generally accepted ac- (i) Estimated amount and source of counting principles applied on a con- both operating and nonoperating rev- sistent basis, and must contain the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00046 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 119.41 name and address of the applicant’s with an individual who exercised con- public accounting firm, if any. Infor- trol over or who held the same or a mation submitted must be signed by an similar position with a certificate officer, owner, or partner of the appli- holder whose certificate was revoked, cant or certificate holder. or is in the process of being revoked, and that individual materially contrib- [Docket 28154, 62 FR 13254, Mar. 19, 1997; 62 uted to the circumstances causing rev- FR 15570, Apr. 1, 1997, as amended by Docket ocation or causing the revocation proc- FAA–2018–0119, Amdt. 119–19, 83 FR 9172, Mar.

ess; 5, 2018] (4) An individual who will have con- § 119.37 Contents of an Air Carrier trol over or have a substantial owner- Certificate or Operating Certificate.

ship interest in the applicant had the The Air Carrier Certificate or Oper- same or similar control or interest in a ating Certificate includes— certificate holder whose certificate was (a) The certificate holder’s name; revoked, or is in the process of being (b) The location of the certificate revoked, and that individual materi- holder’s principal base of operations; ally contributed to the circumstances (c) The certificate number; causing revocation or causing the rev- (d) The certificate’s effective date; ocation process; or and (5) In the case of an applicant for an (e) The name or the designator of the Operating Certificate for intrastate responsible Flight Standards office.

common carriage, that for financial reasons the applicant is not able to [Docket 28154, 60 FR 65913, Dec. 20, 1995, as conduct a safe operation.

amended by Docket FAA–2018–0119, Amdt.

119–19, 83 FR 9172, Mar. 5, 2018] § 119.41 Amending a certificate.

§ 119.39 Issuing or denying a certifi- (a) The Administrator may amend cate.

any certificate issued under this part (a) An applicant may be issued an Air if— (1) The Administrator determines, Carrier Certificate or Operating Cer- under 49 U.S.C. 44709 and part 13 of this tificate if, after investigation, the Ad- chapter, that safety in air commerce ministrator finds that the applicant— and the public interest requires the (1) Meets the applicable requirements amendment; or of this part; (2) Holds the economic authority ap- (2) The certificate holder applies for plicable to the kinds of operations to the amendment and the responsible be conducted, issued by the Depart- Flight Standards office determines ment of Transportation, if required; that safety in air commerce and the and public interest allows the amendment.

(3) Is properly and adequately (b) When the Administrator proposes equipped in accordance with the re- to issue an order amending, sus- quirements of this chapter and is able pending, or revoking all or part of any to conduct a safe operation under ap- certificate, the procedure in § 13.19 of propriate provisions of part 121 or part this chapter applies.

135 of this chapter and operations spec- (c) When the certificate holder ap- ifications issued under this part. plies for an amendment of its certifi- (b) An application for a certificate cate, the following procedure applies: may be denied if the Administrator (1) The certificate holder must file an finds that— application to amend its certificate (1) The applicant is not properly or with the responsible Flight Standards adequately equipped or is not able to office at least 15 days before the date conduct safe operations under this sub- proposed by the applicant for the chapter; amendment to become effective, unless (2) The applicant previously held an the administrator approves filing with- Air Carrier Certificate or Operating in a shorter period; and Certificate which was revoked; (2) The application must be sub- (3) The applicant intends to or fills a mitted to the responsible Flight Stand- key management position listed in ards office in the form and manner pre- § 119.65(a) or § 119.69(a), as applicable, scribed by the Administrator.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00047 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 119.43 (d) When a certificate holder seeks must provide written notification to reconsideration of a decision from the its responsible Flight Standards office.

responsible Flight Standards office [Docket 28154, 60 FR 65913, Dec. 20, 1995, as concerning amendments of a certifi- amended by Docket FAA–2018–0119, Amdt.

cate, the following procedure applies: 119–19, 83 FR 9172, Mar. 5, 2018] (1) The petition for reconsideration must be made within 30 days after the § 119.49 Contents of operations speci- fications.

certificate holder receives the notice of denial; and (a) Each certificate holder con- (2) The certificate holder must peti- ducting domestic, flag, or commuter tion for reconsideration to the Execu- operations must obtain operations tive Director, Flight Standards Serv- specifications containing all of the fol- ice.

lowing: (1) The specific location of the cer- [Docket 28154, 60 FR 65913, Dec. 20, 1995, as tificate holder’s principal base of oper- amended by Docket FAA–2018–0119, Amdt.

ations and, if different, the address 119–19, 83 FR 9172, Mar. 5, 2018] that shall serve as the primary point of § 119.43 Certificate holder’s duty to contact for correspondence between the maintain operations specifications.

FAA and the certificate holder and the name and mailing address of the cer- (a) Each certificate holder shall tificate holder’s agent for service.

maintain a complete and separate set (2) Other business names under which of its operations specifications at its the certificate holder may operate.

principal base of operations.

(3) Reference to the economic author- (b) Each certificate holder shall in- ity issued by the Department of Trans- sert pertinent excerpts of its oper- portation, if required.

ations specifications, or references (4) Type of aircraft, registration thereto, in its manual and shall— markings, and serial numbers of each (1) Clearly identify each such excerpt aircraft authorized for use, each reg- as a part of its operations specifica- ular and alternate airport to be used in tions; and scheduled operations, and, except for (2) State that compliance with each commuter operations, each provisional operations specifications requirement and refueling airport.

is mandatory.

(i) Subject to the approval of the Ad- (c) Each certificate holder shall keep ministrator with regard to form and each of its employees and other persons content, the certificate holder may in- used in its operations informed of the corporate by reference the items listed provisions of its operations specifica- in paragraph (a)(4) of this section into tions that apply to that employee’s or the certificate holder’s operations person’s duties and responsibilities.

specifications by maintaining a cur- rent listing of those items and by refer- § 119.45 [Reserved] ring to the specific list in the applica- § 119.47 Maintaining a principal base ble paragraph of the operations speci- of operations, main operations base, fications.

and main maintenance base; change (ii) The certificate holder may not of address.

conduct any operation using any air- (a) Each certificate holder must craft or airport not listed.

maintain a principal base of oper- (5) Kinds of operations authorized.

ations. Each certificate holder may (6) Authorization and limitations for also establish a main operations base routes and areas of operations.

and a main maintenance base which (7) Airport limitations.

may be located at either the same loca- (8) Time limitations, or standards for tion as the principal base of operations determining time limitations, for over- or at separate locations. hauling, inspecting, and checking air- (b) At least 30 days before it proposes frames, engines, propellers, rotors, ap- to establish or change the location of pliances, and emergency equipment.

its principal base of operations, its (9) Authorization for the method of main operations base, or its main controlling weight and balance of air- maintenance base, a certificate holder craft.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00048 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 119.49 (10) Interline equipment interchange frames, engines, propellers, appliances, requirements, if relevant. and emergency equipment.

(9) Authorization for the method of (11) Aircraft wet lease information controlling weight and balance of air- required by § 119.53(c).

craft.

(12) Any authorized deviation or ex- (10) Aircraft wet lease information emption from any requirement of this required by § 119.53(c).

chapter that applies to the certificate (11) Any authorization or require- holder.

ment to conduct supplemental oper- (13) An authorization permitting, or ations as provided by § 119.21(a)(3).

a prohibition against, accepting, han- (12) Any authorized deviation or ex- dling, and transporting materials regu- emption from any requirement of this lated as hazardous materials in trans- chapter that applies to the certificate port under 49 CFR parts 171 through holder.

180.

(13) An authorization permitting, or (14) Any other item the Adminis- a prohibition against, accepting, han- trator determines is necessary.

dling, and transporting materials regu- (b) Each certificate holder con- lated as hazardous materials in trans- ducting supplemental operations must port under 49 CFR parts 171 through obtain operations specifications con- 180.

taining all of the following: (14) Any other item the Adminis- (1) The specific location of the cer- trator determines is necessary.

tificate holder’s principal base of oper- (c) Each certificate holder con- ations, and, if different, the address ducting on-demand operations must ob- that shall serve as the primary point of tain operations specifications con- contact for correspondence between the taining all of the following: FAA and the certificate holder and the (1) The specific location of the cer- name and mailing address of the cer- tificate holder’s principal base of oper- tificate holder’s agent for service.

ations, and if different, the address (2) Other business names under which that shall serve as the primary point of the certificate holder may operate.

contact for correspondence between the (3) Reference to the economic author- FAA and the name and mailing address ity issued by the Department of Trans- of the certificate holder’s agent for portation, if required.

service.

(4) Type of aircraft, registration (2) Other business names under which markings, and serial number of each the certificate holder may operate.

aircraft authorized for use.

(3) Reference to the economic author- (i) Subject to the approval of the Ad- ity issued by the Department of Trans- ministrator with regard to form and portation, if required.

content, the certificate holder may in- (4) Kind and area of operations au- corporate by reference the items listed thorized.

in paragraph (b)(4) of this section into (5) Category and class of aircraft that the certificate holder’s operations may be used in those operations.

specifications by maintaining a cur- (6) Type of aircraft, registration rent listing of those items and by refer- markings, and serial number of each ring to the specific list in the applica- aircraft that is subject to an airworthi- ble paragraph of the operations speci- ness maintenance program required by fications.

§ 135.411(a)(2) of this chapter.

(ii) The certificate holder may not (i) Subject to the approval of the Ad- conduct any operation using any air- ministrator with regard to form and craft not listed.

content, the certificate holder may in- (5) Kinds of operations authorized.

corporate by reference the items listed (6) Authorization and limitations for in paragraph (c)(6) of this section into routes and areas of operations.

the certificate holder’s operations (7) Special airport authorizations and specifications by maintaining a cur- limitations.

rent listing of those items and by refer- (8) Time limitations, or standards for ring to the specific list in the applica- determining time limitations, for over- ble paragraph of the operations speci- hauling, inspecting, and checking air- fications.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00049 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 119.51 (ii) The certificate holder may not (1) The responsible Flight Standards conduct any operation using any air- office notifies the certificate holder in craft not listed. writing of the proposed amendment.

(2) The responsible Flight Standards (7) Registration markings of each air- office sets a reasonable period (but not craft that is to be inspected under an less than 7 days) within which the cer- approved aircraft inspection program tificate holder may submit written in- under § 135.419 of this chapter.

formation, views, and arguments on (8) Time limitations or standards for the amendment.

determining time limitations, for over- (3) After considering all material pre- hauls, inspections, and checks for air- sented, the responsible Flight Stand- frames, engines, propellers, rotors, ap- ards office notifies the certificate hold- pliances, and emergency equipment of er of— aircraft that are subject to an air- (i) The adoption of the proposed worthiness maintenance program re- amendment; quired by § 135.411(a)(2) of this chapter.

(ii) The partial adoption of the pro- (9) Additional maintenance items re- posed amendment; or quired by the Administrator under (iii) The withdrawal of the proposed § 135.421 of this chapter.

amendment.

(10) Aircraft wet lease information (4) If the responsible Flight Stand- required by § 119.53(c).

ards office issues an amendment to the (11) Any authorized deviation or ex- operations specifications, it becomes emption from any requirement of this effective not less than 30 days after the chapter that applies to the certificate certificate holder receives notice of it holder.

unless— (12) An authorization permitting, or (i) The responsible Flight Standards a prohibition against, accepting, han- office finds under paragraph (e) of this dling, and transporting materials regu- section that there is an emergency re- lated as hazardous materials in trans- quiring immediate action with respect port under 49 CFR parts 171 through to safety in air commerce; or 180. (ii) The certificate holder petitions for reconsideration of the amendment (13) Any other item the Adminis- under paragraph (d) of this section.

trator determines is necessary.

(c) When the certificate holder ap- [Docket 28154, 60 FR 65913, Dec. 20, 1995, as plies for an amendment to its oper- amended by Amdt. 119–10, 70 FR 58823, Oct. 7, ations specifications, the following 2005; Amdt. 119–13, 75 FR 26645, May 12, 2010; procedure applies: Docket FAA–2022–1563, Amdt. 119–20, 88 FR (1) The certificate holder must file an 48089, July 26, 2023] application to amend its operations specifications— § 119.51 Amending operations speci- (i) At least 90 days before the date fications.

proposed by the applicant for the (a) The Administrator may amend amendment to become effective, unless any operations specifications issued a shorter time is approved, in cases of under this part if— mergers; acquisitions of airline oper- (1) The Administrator determines ational assets that require an addi- that safety in air commerce and the tional showing of safety (e.g., proving public interest require the amendment; tests); changes in the kind of operation or as defined in § 110.2; resumption of oper- (2) The certificate holder applies for ations following a suspension of oper- the amendment, and the Administrator ations as a result of bankruptcy ac- determines that safety in air com- tions; or the initial introduction of air- merce and the public interest allows craft not before proven for use in air the amendment.

carrier or commercial operator oper- (b) Except as provided in paragraph ations.

(e) of this section, when the Adminis- (ii) At least 15 days before the date trator initiates an amendment to a cer- proposed by the applicant for the tificate holder’s operations specifica- amendment to become effective in all tions, the following procedure applies: other cases.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00050 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 119.53 (2) The application must be sub- cedures set out in this section imprac- mitted to the responsible Flight Stand- ticable or contrary to the public inter- ards office in a form and manner pre- est: scribed by the Administrator.

(1) The responsible Flight Standards (3) After considering all material pre- office amends the operations specifica- sented, the responsible Flight Stand- tions and makes the amendment effec- ards office notifies the certificate hold- tive on the day the certificate holder er of— receives notice of it.

(i) The adoption of the applied for (2) In the notice to the certificate amendment; holder, the responsible Flight Stand- (ii) The partial adoption of the ap- ards office articulates the reasons for plied for amendment; or its finding that an emergency exists re- (iii) The denial of the applied for quiring immediate action with respect amendment. The certificate holder to safety in air transportation or air may petition for reconsideration of a commerce or that makes it impracti- denial under paragraph (d) of this sec- cable or contrary to the public interest tion.

to stay the effectiveness of the amend- (4) If the responsible Flight Stand- ment.

ards office approves the amendment, following coordination with the certifi- [Docket 28154, 60 FR 65913, Dec. 20, 1995, as cate holder regarding its implementa- amended by Amdt. 119–14, 76 FR 7488, Feb. 10, tion, the amendment is effective on the 2011; Docket FAA–2018–0119, Amdt. 119–19, 83 date the Administrator approves it. FR 9172, Mar. 5, 2018] (d) When a certificate holder seeks § 119.53 Wet leasing of aircraft and reconsideration of a decision from the other arrangements for transpor- responsible Flight Standards office tation by air.

concerning the amendment of oper- ations specifications, the following (a) Unless otherwise authorized by procedure applies: the Administrator, prior to conducting (1) The certificate holder must peti- operations involving a wet lease, each tion for reconsideration of that deci- certificate holder under this part au- sion within 30 days of the date that the thorized to conduct common carriage certificate holder receives a notice of operations under this subchapter shall denial of the amendment to its oper- provide the Administrator with a copy ations specifications, or of the date it of the wet lease to be executed which receives notice of an FAA-initiated would lease the aircraft to any other amendment to its operations specifica- person engaged in common carriage op- tions, whichever circumstance applies.

erations under this subchapter, includ- (2) The certificate holder must ad- ing foreign air carriers, or to any other dress its petition to the Executive Di- foreign person engaged in common car- rector, Flight Standards Service.

riage wholly outside the United States.

(3) A petition for reconsideration, if (b) No certificate holder under this filed within the 30-day period, suspends part may wet lease from a foreign air the effectiveness of any amendment carrier or any other foreign person or issued by the responsible Flight Stand- any person not authorized to engage in ards office unless the responsible common carriage.

Flight Standards office has found, (c) Upon receiving a copy of a wet under paragraph (e) of this section, lease, the Administrator determines that an emergency exists requiring im- which party to the agreement has oper- mediate action with respect to safety ational control of the aircraft and in air transportation or air commerce.

issues amendments to the operations (4) If a petition for reconsideration is specifications of each party to the not filed within 30 days, the procedures agreement, as needed. The lessor must of paragraph (c) of this section apply.

provide the following information to be (e) If the responsible Flight Stand- incorporated into the operations speci- ards office finds that an emergency ex- fications of both parties, as needed.

ists requiring immediate action with respect to safety in air commerce or (1) The names of the parties to the air transportation that makes the pro- agreement and the duration thereof.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00051 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 119.55 (2) The nationality and registration Administrator in the case of scheduled markings of each aircraft involved in intrastate common carriage oper- the agreement. ations, conduct one or more flights for (3) The kind of operation (e.g., do- passengers who are stranded because of mestic, flag, supplemental, commuter, the cancellation of their scheduled or on-demand). flights. These flights must be con- (4) The airports or areas of operation. ducted under the rules of part 121 or (5) A statement specifying the party part 135 of this chapter applicable to deemed to have operational control and supplemental or on-demand operations.

the times, airports, or areas under [Docket 28154, 60 FR 65913, Dec. 20, 1995, as which such operational control is exer- amended by Amdt. 119–14, 76 FR 7488, Feb. 10, cised.

2011] (d) In making the determination of paragraph (c) of this section, the Ad- § 119.55 Obtaining deviation authority ministrator will consider the following: to perform operations under a U.S.

(1) Crewmembers and training. military contract.

(2) Airworthiness and performance of (a) The Administrator may authorize maintenance.

a certificate holder that is authorized (3) Dispatch.

to conduct supplemental or on-demand (4) Servicing the aircraft.

operations to deviate from the applica- (5) Scheduling.

ble requirements of this part, part 117, (6) Any other factor the Adminis- part 121, or part 135 of this chapter in trator considers relevant.

order to perform operations under a (e) Other arrangements for transpor- U.S. military contract.

tation by air: Except as provided in (b) A certificate holder that has a paragraph (f) of this section, a certifi- contract with the U.S. Department of cate holder under this part operating Defense’s Air Mobility Command under part 121 or 135 of this chapter (AMC) must submit a request for devi- may not conduct any operation for an- ation authority to AMC. AMC will re- other certificate holder under this part view the requests, then forward the or a foreign air carrier under part 129 carriers’ consolidated requests, along of this chapter or a foreign person en- with AMC’s recommendations, to the gaged in common carriage wholly out- FAA for review and action.

side the United States unless it holds (c) The Administrator may authorize applicable Department of Transpor- a deviation to perform operations tation economic authority, if required, under a U.S. military contract under and is authorized under its operations the following conditions— specifications to conduct the same (1) The Department of Defense cer- kinds of operations (as defined in tifies to the Administrator that the op- § 110.2). The certificate holder con- eration is essential to the national de- ducting the substitute operation must fense; conduct that operation in accordance (2) The Department of Defense fur- with the same operations authority ther certifies that the certificate hold- held by the certificate holder arranging er cannot perform the operation with- for the substitute operation. These sub- out deviation authority; stitute operations must be conducted (3) The certificate holder will per- between airports for which the sub- form the operation under a contract or stitute certificate holder holds author- subcontract for the benefit of a U.S.

ity for scheduled operations or within armed service; and areas of operations for which the sub- (4) The Administrator finds that the stitute certificate holder has authority deviation is based on grounds other for supplemental or on-demand oper- than economic advantage either to the ations.

certificate holder or to the United (f) A certificate holder under this States.

part may, if authorized by the Depart- ment of Transportation under § 380.3 of (d) In the case where the Adminis- this title and the Administrator in the trator authorizes a deviation under case of interstate commuter, interstate this section, the Administrator will domestic, and flag operations, or the issue an appropriate amendment to the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00052 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 119.61 certificate holder’s operations speci- tificate holder’s operations specifica- fications. tions; and (e) The Administrator may, at any (ii) A current listing that will include time, terminate any grant of deviation the location and persons responsible authority issued under this section.

for each record, document, and report required to be kept by the certificate [Docket 28154, 60 FR 65913, Dec. 20, 1995, as holder under title 49 of the United amended by Amdt. 119–16, 77 FR 402, Jan. 4, 2012] States Code applicable to the operation of the certificate holder.

§ 119.57 Obtaining deviation authority (2) Allow the Administrator to make to perform an emergency operation.

any test or inspection to determine (a) In emergency conditions, the Ad- compliance respecting any matter stat- ministrator may authorize deviations ed in paragraph (a) of this section.

if— (c) Each employee of, or person used (1) Those conditions necessitate the by, the certificate holder who is re- transportation of persons or supplies sponsible for maintaining the certifi- for the protection of life or property; cate holder’s records must make those and records available to the Administrator.

(2) The Administrator finds that a de- (d) The Administrator may deter- viation is necessary for the expeditious mine a certificate holder’s continued conduct of the operations.

eligibility to hold its certificate and/or (b) When the Administrator author- operations specifications on any izes deviations for operations under grounds listed in paragraph (a) of this emergency conditions— section, or any other appropriate (1) The Administrator will issue an grounds.

appropriate amendment to the certifi- (e) Failure by any certificate holder cate holder’s operations specifications; to make available to the Administrator or upon request, the certificate, oper- (2) If the nature of the emergency ations specifications, or any required does not permit timely amendment of record, document, or report is grounds the operations specifications— for suspension of all or any part of the (i) The Administrator may authorize certificate holder’s certificate and op- the deviation orally; and erations specifications.

(ii) The certificate holder shall pro- (f) In the case of operators con- vide documentation describing the na- ducting intrastate common carriage ture of the emergency to the respon- operations, these inspections and tests sible Flight Standards office within 24 include inspections and tests of finan- hours after completing the operation.

cial books and records.

[Docket 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA–2018–0119, Amdt.

§ 119.61 Duration and surrender of 119–19, 83 FR 9172, Mar. 5, 2018] certificate and operations specifica- tions.

§ 119.59 Conducting tests and inspec- (a) An Air Carrier Certificate or Op- tions.

erating Certificate issued under this (a) At any time or place, the Admin- part is effective until— istrator may conduct an inspection or (1) The certificate holder surrenders test to determine whether a certificate it to the Administrator; or holder under this part is complying (2) The Administrator suspends, re- with title 49 of the United States Code, vokes, or otherwise terminates the cer- applicable regulations, the certificate, tificate.

or the certificate holder’s operations (b) Operations specifications issued specifications.

under this part, part 121, or part 135 of (b) The certificate holder must— this chapter are effective unless— (1) Make available to the Adminis- (1) The Administrator suspends, re- trator at the certificate holder’s prin- vokes, or otherwise terminates the cer- cipal base of operations— tificate; (i) The certificate holder’s Air Car- rier Certificate or the certificate hold- (2) The operations specifications are er’s Operating Certificate and the cer- amended as provided in § 119.51; VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00053 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 119.63 (3) The certificate holder does not properly and adequately equipped and conduct a kind of operation for more able to conduct a safe operation.

than the time specified in § 119.63 and [Docket 28154, 60 FR 65913, Dec. 20, 1995, as fails to follow the procedures of § 119.63 amended by Amdt. 119–2, 61 FR 30434, June upon resuming that kind of operation; 14, 1996] or § 119.65 Management personnel re- (4) The Administrator suspends or re- quired for operations conducted vokes the operations specifications for under part 121 of this chapter.

a kind of operation.

(a) Each certificate holder must have (c) Within 30 days after a certificate sufficient qualified management and holder terminates operations under technical personnel to ensure the high- part 135 of this chapter, the operating est degree of safety in its operations.

certificate and operations specifica- The certificate holder must have quali- tions must be surrendered by the cer- fied personnel serving full-time in the tificate holder to the responsible following or equivalent positions: Flight Standards office.

(1) Director of Safety.

[Docket 28154, 60 FR 65913, Dec. 20, 1995, as (2) Director of Operations.

amended by Docket FAA–2018–0119, Amdt.

(3) Chief Pilot for each category of 119–19, 83 FR 9172, Mar. 5, 2018] aircraft the certificate holder uses, as listed in § 61.5(b)(1) of this chapter.

§ 119.63 Recency of operation.

(4) Director of Maintenance.

(5) Chief Inspector.

(a) Except as provided in paragraph (b) The Administrator may approve (b) of this section, no certificate holder positions or numbers of positions other may conduct a kind of operation for than those listed in paragraph (a) of which it holds authority in its oper- this section for a particular operation ations specifications unless the certifi- if the certificate holder shows that it cate holder has conducted that kind of can perform the operation with the operation within the preceding number highest degree of safety under the di- of consecutive calendar days specified rection of fewer or different categories in this paragraph: of management personnel due to— (1) For domestic, flag, or commuter (1) The kind of operation involved; operations—30 days.

(2) The number and type of aircraft (2) For supplemental or on-demand used; and operations—90 days, except that if the (3) The area of operations.

certificate holder has authority to con- (c) The title of the positions required duct domestic, flag, or commuter oper- under paragraph (a) of this section or ations, and has conducted domestic, the title and number of equivalent po- flag or commuter operations within the sitions approved under paragraph (b) of previous 30 days, this paragraph does this section shall be set forth in the not apply.

certificate holder’s operations speci- (b) If a certificate holder does not fications.

conduct a kind of operation for which (d) The individuals who serve in the it is authorized in its operations speci- positions required or approved under fications within the number of cal- paragraph (a) or (b) of this section and endar days specified in paragraph (a) of anyone in a position to exercise control this section, it shall not conduct such over operations conducted under the kind of operation unless— operating certificate must— (1) It advises the Administrator at (1) Be qualified through training, ex- least 5 consecutive calendar days be- perience, and expertise; fore resumption of that kind of oper- (2) To the extent of their responsibil- ation; and ities, have a full understanding of the (2) It makes itself available and ac- following materials with respect to the cessible during the 5 consecutive cal- certificate holder’s operation— endar day period in the event that the (i) Aviation safety standards and safe FAA decides to conduct a full inspec- operating practices; tion reexamination to determine (ii) 14 CFR Chapter I (Federal Avia- whether the certificate holder remains tion Regulations); VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00054 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 119.67 (iii) The certificate holder’s oper- perience required in paragraphs (a)(1) ations specifications; and (2) of this section may be obtained (iv) All appropriate maintenance and in either large or small aircraft.

airworthiness requirements of this (b) Chief Pilot. To serve as Chief Pilot chapter (e.g., parts 1, 21, 23, 25, 43, 45, under § 119.65(a), a person must: 47, 65, 91, and 121 of this chapter); and (1) Hold an airline transport pilot (v) The manual required by § 121.133 certificate with appropriate ratings in of this chapter; and the category of aircraft that the cer- (3) Discharge their duties to meet ap- tificate holder uses in its operations plicable legal requirements and to under part 121 of this chapter and over maintain safe operations. which the Chief Pilot exercises respon- (e) Each certificate holder must: sibility; and (2) Have at least 3 years of experience (1) State in the general policy provi- as pilot in command in the same cat- sions of the manual required by egory of aircraft that the certificate § 121.133 of this chapter, the duties, re- holder uses, as listed in § 61.5(b) of this sponsibilities, and authority of per- chapter. The experience as pilot in sonnel required under paragraph (a) of command described in this paragraph this section; (b)(2) must: (2) List in the manual the names and (i) Have occurred within the past 6 business addresses of the individuals years, in the case of a person becoming assigned to those positions; and a Chief Pilot for the first time.

(3) Notify the responsible Flight (ii) Have occurred in large aircraft Standards office within 10 days of any operated under part 121 or 135 of this change in personnel or any vacancy in chapter. If the certificate holder uses any position listed.

only small aircraft in its operation, [Docket 28154, 60 FR 65913, Dec. 20, 1995, as this experience may be obtained in ei- amended by Docket FAA–2018–0119, Amdt.

ther large or small aircraft.

119–19, 83 FR 9172, Mar. 5, 2018; Docket FAA– (iii) Be in the same category of air- 2022–1563, Amdt. 119–20, 88 FR 48089, July 26, craft over which the Chief Pilot exer- 2023] cises responsibility.

§ 119.67 Management personnel: Quali- (c) Director of Maintenance. To serve fications for operations conducted as Director of Maintenance under under part 121 of this chapter.

§ 119.65(a), a person must: (a) Director of Operations. To serve as (1) Hold a mechanic certificate with Director of Operations under § 119.65(a), airframe and powerplant ratings; a person must hold an airline transport (2) Have 1 year of experience in a po- pilot certificate and— sition responsible for returning aircraft (1) If the certificate holder uses large to service; aircraft, at least 3 years of supervisory (3) Have at least 1 year of experience or managerial experience within the in a supervisory capacity under either last 6 years in large aircraft, in a posi- paragraph (c)(4)(i) or (ii) of this section tion that exercised operational control maintaining the same category and over any operations conducted under class of aircraft as the certificate hold- part 121 or 135 of this chapter. er uses; and (2) If the certificate holder uses large (4) Have 3 years of experience within aircraft, at least 3 years of experience the past 6 years in one or a combina- as pilot in command under part 121 or tion of the following— 135 of this chapter in large aircraft in (i) Maintaining large aircraft with 10 at least one of the categories of air- or more passenger seats, including, at craft the certificate holder uses, as the time of appointment as Director of listed in § 61.5(b)(1) of this chapter. In Maintenance, experience in maintain- the case of a person becoming Director ing the same category and class of air- of Operations for the first time, he or craft as the certificate holder uses; or she must have accumulated this experi- (ii) Repairing aircraft in a certifi- ence as pilot in command within the cated airframe repair station that is past 6 years. rated to maintain aircraft in the same (3) If the certificate holder uses only category and class of aircraft as the small aircraft in its operations, the ex- certificate holder uses.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00055 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 119.69 (d) Chief Inspector. To serve as Chief (b) The Administrator may approve Inspector under § 119.65(a), a person positions or numbers of positions other must: than those listed in paragraph (a) of (1) Hold a mechanic certificate with this section for a particular operation both airframe and powerplant ratings, if the certificate holder shows that it and have held these ratings for at least can perform the operation with the 3 years; highest degree of safety under the di- (2) Have at least 3 years of mainte- rection of fewer or different categories nance experience on different types of of management personnel due to— large aircraft with 10 or more pas- (1) The kind of operation involved; senger seats with an air carrier or cer- (2) The number and type of aircraft tificated repair station, 1 year of which used; and must have been as maintenance inspec- (3) The area of operations.

tor; and (c) The title of the positions required (3) Have at least 1 year of experience under paragraph (a) of this section or in a supervisory capacity maintaining the title and number of equivalent po- the same category and class of aircraft sitions approved under paragraph (b) of as the certificate holder uses.

this section shall be set forth in the (e) Deviation. A certificate holder certificate holder’s operations speci- may request a deviation to employ a fications.

person who does not meet the appro- (d) The individuals who serve in the priate airman experience, managerial positions required or approved under experience, or supervisory experience paragraph (a) or (b) of this section and requirements of this section if the anyone in a position to exercise control Manager of the Air Transportation Di- over operations conducted under the vision or the Manager of the Aircraft operating certificate must— Maintenance Division, as appropriate, (1) Be qualified through training, ex- finds that the person has comparable perience, and expertise; experience and can effectively perform (2) To the extent of their responsibil- the functions associated with the posi- ities, have a full understanding of the tion in accordance with the require- following material with respect to the ments of this chapter and the proce- certificate holder’s operation— dures outlined in the certificate hold- (i) Aviation safety standards and safe er’s manual. Deviations under this operating practices; paragraph (e) may be issued after con- (ii) 14 CFR Chapter I (Federal Avia- sideration of the size and scope of the tion Regulations); operation and the qualifications of the (iii) The certificate holder’s oper- intended personnel. The Administrator ations specifications; may, at any time, terminate any grant (iv) All appropriate maintenance and of deviation authority issued under airworthiness requirements of this this paragraph (e).

chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and 135 of this chapter); and [Docket FAA–2022–1563, Amdt. 119–20, 88 FR (v) The manual required by § 135.21 of 48089, July 26, 2023] this chapter; and § 119.69 Management personnel re- (3) Discharge their duties to meet ap- quired for operations conducted plicable legal requirements and to under part 135 of this chapter.

maintain safe operations.

(e) Each certificate holder must— (a) Each certificate holder must have (1) State in the general policy provi- sufficient qualified management and sions of the manual required by § 135.21 technical personnel to ensure the safe- of this chapter, the duties, responsibil- ty of its operations. Except for a cer- ities, and authority of personnel re- tificate holder using only one pilot in quired or approved under paragraph (a) its operations, the certificate holder or (b), respectively, of this section; must have qualified personnel serving (2) List in the manual the names and in the following or equivalent posi- business addresses of the individuals tions: (1) Director of Operations. assigned to those positions; and (2) Chief Pilot. (3) Notify the responsible Flight (3) Director of Maintenance. Standards office within 10 days of any VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00056 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 119.71 change in personnel or any vacancy in aircraft operated under part 121 or part any position listed. 135 of this chapter.

(ii) In the case of a person with pre- [Docket 28154, 60 FR 65913, Dec. 20, 1995, as vious experience as a Director of Oper- amended by Docket FAA–2018–0119, Amdt.

ations, have at least 3 years experience 119–19, 83 FR 9172, Mar. 5, 2018] as pilot in command of an aircraft op- erated under part 121 or part 135 of this § 119.71 Management personnel: Quali- fications for operations conducted chapter.

under part 135 of this chapter.

(c) To serve as Chief Pilot under § 119.69(a) for a certificate holder con- (a) To serve as Director of Operations ducting any operation for which the under § 119.69(a) for a certificate holder pilot in command is required to hold an conducting any operations for which the pilot in command is required to airline transport pilot certificate a per- hold an airline transport pilot certifi- son must hold an airline transport cate a person must hold an airline pilot certificate with appropriate rat- transport pilot certificate and either: ings and be qualified to serve as pilot in command in at least one aircraft (1) Have at least 3 years supervisory used in the certificate holder’s oper- or managerial experience within the ation and: last 6 years in a position that exercised operational control over any oper- (1) In the case of a person becoming a ations conducted under part 121 or part Chief Pilot for the first time ever, have 135 of this chapter; or at least 3 years experience, within the past 6 years, as pilot in command of an (2) In the case of a person becoming aircraft operated under part 121 or part Director of Operations— (i) For the first time ever, have at 135 of this chapter.

least 3 years experience, within the (2) In the case of a person with pre- past 6 years, as pilot in command of an vious experience as a Chief Pilot, have aircraft operated under part 121 or part at least 3 years experience as pilot in 135 of this chapter.

command of an aircraft operated under (ii) In the case of a person with pre- part 121 or part 135 of this chapter.

vious experience as a Director of Oper- (d) To serve as Chief Pilot under ations, have at least 3 years experi- § 119.69(a) for a certificate holder that ence, as pilot in command of an air- only conducts operations for which the craft operated under part 121 or part pilot in command is required to hold a 135 of this chapter.

commercial pilot certificate, a person (b) To serve as Director of Operations must hold at least a commercial pilot under § 119.69(a) for a certificate holder certificate. If an instrument rating is that only conducts operations for required for any pilot in command for which the pilot in command is required that certificate holder, the Chief Pilot to hold a commercial pilot certificate, must also hold an instrument rating.

a person must hold at least a commer- The Chief Pilot must be qualified to cial pilot certificate. If an instrument serve as pilot in command in at least rating is required for any pilot in com- one aircraft used in the certificate mand for that certificate holder, the holder’s operation. In addition, the Director of Operations must also hold Chief Pilot must: an instrument rating. In addition, the (1) In the case of a person becoming a Director of Operations must either— Chief Pilot for the first time ever, have at least 3 years experience, within the (1) Have at least 3 years supervisory past 6 years, as pilot in command of an or managerial experience within the aircraft operated under part 121 or part last 6 years in a position that exercised 135 of this chapter.

operational control over any oper- ations conducted under part 121 or part (2) In the case of a person with pre- 135 of this chapter; or vious experience as a Chief Pilot, have (2) In the case of a person becoming at least 3 years experience as pilot in Director of Operations— command of an aircraft operated under part 121 or part 135 of this chapter.

(i) For the first time ever, have at least 3 years experience, within the (e) To serve as Director of Mainte- past 6 years, as pilot in command of an nance under § 119.69(a) a person must VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00057 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 119.73 hold a mechanic certificate with air- (b) For the purpose of this section, an frame and powerplant ratings and ei- individual shall be considered to be ther: acting as an agent or representative of (1) Have 3 years of experience within a certificate holder in a matter before the past 6 years maintaining aircraft the agency if the individual makes any as a certificated mechanic, including, written or oral communication on be- at the time of appointment as Director half of the certificate holder to the of Maintenance, experience in main- agency (or any of its officers or em- taining the same category and class of ployees) in connection with a par- aircraft as the certificate holder uses; ticular matter, whether or not involv- or ing a specific party and without regard (2) Have 3 years of experience within to whether the individual has partici- the past 6 years repairing aircraft in a pated in, or had responsibility for, the certificated airframe repair station, in- particular matter while serving as a cluding 1 year in the capacity of ap- Flight Standards Service aviation safe- proving aircraft for return to service.

ty inspector.

(f) A certificate holder may request a (c) The provisions of this section do deviation to employ a person who does not prohibit a certificate holder from not meet the appropriate airmen expe- knowingly employing or making a con- rience requirements, managerial expe- tractual arrangement which permits an rience requirements, or supervisory ex- individual to act as an agent or rep- perience requirements of this section if resentative of the certificate holder in the Manager of the Air Transportation any matter before the Federal Aviation Division, AFS–200, or the Manager of Administration if the individual was the Aircraft Maintenance Division, employed by the certificate holder be- AFS–300, as appropriate, find that the fore October 21, 2011.

person has comparable experience, and [Docket FAA–2008–1154, 76 FR 52235, Aug. 22, can effectively perform the functions 2011] associated with the position in accord- ance with the requirements of this PART 120—DRUG AND ALCOHOL chapter and the procedures outlined in TESTING PROGRAM the certificate holder’s manual. The Administrator may, at any time, ter- Subpart A—General minate any grant of deviation author- ity issued under this paragraph.

Sec.

120.1 Applicability.

[Docket 28154, 60 FR 65913, Dec. 20, 1995, as 120.3 Purpose.

amended by Amdt. 119–3, 62 FR 13255, Mar. 19, 120.5 Procedures.

1997; Amdt. 119–12, 72 FR 54816, Sept. 27, 2007] 120.7 Definitions.

120.9 Waivers for Part 145 certificate holders § 119.73 Employment of former FAA outside the territory of the United employees.

States.

(a) Except as specified in paragraph 120.10 Waiver based on recognition of a for- (c) of this section, no certificate holder eign government’s existing requirements conducting operations under part 121 or or an existing testing program of a Part 135 of this chapter may knowingly em- 145 certificate holder outside the terri- ploy or make a contractual arrange- tory of the United States.

ment which permits an individual to Subpart B—Individuals Certificated Under act as an agent or representative of the Parts 61, 63, and 65 certificate holder in any matter before the Federal Aviation Administration if 120.11 Refusal to submit to a drug or alco- the individual, in the preceding 2 hol test by a Part 61 certificate holder.

years— 120.13 Refusal to submit to a drug or alco- (1) Served as, or was directly respon- hol test by a Part 63 certificate holder.

120.15 Refusal to submit to a drug or alco- sible for the oversight of, a Flight hol test by a Part 65 certificate holder.

Standards Service aviation safety in- spector; and Subpart C—Air Traffic Controllers (2) Had direct responsibility to in- spect, or oversee the inspection of, the 120.17 Use of prohibited drugs.

operations of the certificate holder. 120.19 Misuse of alcohol.

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