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Federal Aviation Administration, DOT
§ 119.36
Subpart C—Certification, Oper-
ations Specifications, and
Certain Other Requirements
for Operations Conducted
Under Part 121 or Part 135 of
This Chapter
§ 119.31 Applicability.
This subpart sets out certification re-
quirements and prescribes the content
of operations specifications and certain
other requirements for operations con-
ducted under part 121 or part 135 of this
chapter.
§ 119.33 General requirements.
(a) A person may not operate as a di-
rect air carrier unless that person—
(1) Is a citizen of the United States;
(2) Obtains an Air Carrier Certificate;
and
(3) Obtains operations specifications
that prescribe the authorizations, limi-
tations, and procedures under which
each kind of operation must be con-
ducted.
(b) A person other than a direct air
carrier may not conduct any commer-
cial passenger or cargo aircraft oper-
ation for compensation or hire under
part 121 or part 135 of this chapter un-
less that person—
(1) Is a citizen of the United States;
(2) Obtains an Operating Certificate;
and
(3) Obtains operations specifications
that prescribe the authorizations, limi-
tations, and procedures under which
each kind of operation must be con-
ducted.
(c) Each applicant for a certificate
under this part and each applicant for
operations specifications authorizing a
new kind of operation that is subject to
§ 121.163 or § 135.145 of this chapter shall
conduct proving tests as authorized by
the Administrator during the applica-
tion process for authority to conduct
operations under part 121 or part 135 of
this chapter. All proving tests must be
conducted in a manner acceptable to
the Administrator. All proving tests
must be conducted under the appro-
priate operating and maintenance re-
quirements of part 121 or 135 of this
chapter that would apply if the appli-
cant were fully certificated. The Ad-
ministrator will issue a letter of au-
thorization to each person stating the
various authorities under which the
proving tests shall be conducted.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
amended by Amdt. 119–2, 61 FR 30434, June
14, 1996]
§ 119.35 Certificate application re-
quirements for all operators.
(a) A person applying to the Adminis-
trator for an Air Carrier Certificate or
Operating Certificate under this part
(applicant) must submit an applica-
tion—
(1) In a form and manner prescribed
by the Administrator; and
(2) Containing any information the
Administrator requires the applicant
to submit.
(b) Each applicant must submit the
application to the Administrator at
least 90 days before the date of in-
tended operation.
[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62
FR 15570, Apr. 1, 1997]
§ 119.36 Additional certificate applica-
tion requirements for commercial
operators.
(a) Each applicant for the original
issue of an operating certificate for the
purpose of conducting intrastate com-
mon carriage operations under part 121
or part 135 of this chapter must submit
an application in a form and manner
prescribed by the Administrator to the
responsible Flight Standards office.
(b) Each application submitted under
paragraph (a) of this section must con-
tain a signed statement showing the
following:
(1) For corporate applicants:
(i) The name and address of each
stockholder who owns 5 percent or
more of the total voting stock of the
corporation, and if that stockholder is
not the sole beneficial owner of the
stock, the name and address of each
beneficial owner. An individual is con-
sidered to own the stock owned, di-
rectly or indirectly, by or for his or her
spouse, children, grandchildren, or par-
ents.
(ii) The name and address of each di-
rector and each officer and each person
employed or who will be employed in a
management position described in
§§ 119.65 and 119.69, as applicable.