Code of Federal Regulations

Title 14 - Aeronautics and Space
Volume: 3Date: 2020-01-01Original Date: 2020-01-01Title: Section § 119.39 - Issuing or denying a certificate.Context: Title 14 - Aeronautics and Space. CHAPTER I - FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (CONTINUED). SUBCHAPTER G - AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS. PART 119 - CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS. Subpart C - Certification, Operations Specifications, and Certain Other Requirements for Operations Conducted Under Part 121 or Part 135 of This Chapter.
§ 119.39 Issuing or denying a certificate. (a) An applicant may be issued an Air Carrier Certificate or Operating Certificate if, after investigation, the Administrator finds that the applicant— (1) Meets the applicable requirements of this part; (2) Holds the economic authority applicable to the kinds of operations to be conducted, issued by the Department of Transportation, if required; and (3) Is properly and adequately equipped in accordance with the requirements of this chapter and is able to conduct a safe operation under appropriate provisions of part 121 or part 135 of this chapter and operations specifications issued under this part. (b) An application for a certificate may be denied if the Administrator finds that— (1) The applicant is not properly or adequately equipped or is not able to conduct safe operations under this subchapter; (2) The applicant previously held an Air Carrier Certificate or Operating Certificate which was revoked; (3) The applicant intends to or fills a key management position listed in § 119.65(a) or § 119.69(a), as applicable, with an individual who exercised control over or who held the same or a similar position with a certificate holder whose certificate was revoked, or is in the process of being revoked, and that individual materially contributed to the circumstances causing revocation or causing the revocation process; (4) An individual who will have control over or have a substantial ownership interest in the applicant had the same or similar control or interest in a certificate holder whose certificate was revoked, or is in the process of being revoked, and that individual materially contributed to the circumstances causing revocation or causing the revocation process; or (5) In the case of an applicant for an Operating Certificate for intrastate common carriage, that for financial reasons the applicant is not able to conduct a safe operation.