title-14-part-119-sec119-41

Federal Aviation Administration, DOT

§ 119.41

(7) A schedule of insurance coverage

in effect on the balance sheet date
showing insurance companies; policy
numbers; types, amounts, and period of
coverage; and special conditions, exclu-
sions, and limitations.

(8) Any other financial information

that the Administrator requires to en-
able him or her to determine that the
applicant has sufficient financial re-
sources to conduct his or her oper-
ations with the degree of safety re-
quired in the public interest.

(f) Each financial statement con-

taining financial information required
by paragraph (e) of this section must
be based on accounts prepared and
maintained on an accrual basis in ac-
cordance with generally accepted ac-
counting principles applied on a con-
sistent basis, and must contain the
name and address of the applicant’s
public accounting firm, if any. Infor-
mation submitted must be signed by an
officer, owner, or partner of the appli-
cant or certificate holder.

[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62
FR 15570, Apr. 1, 1997, as amended by Docket
FAA–2018–0119, Amdt. 119–19, 83 FR 9172, Mar.
5, 2018]

§ 119.37 Contents of an Air Carrier

Certificate or Operating Certificate.

The Air Carrier Certificate or Oper-

ating Certificate includes—

(a) The certificate holder’s name;
(b) The location of the certificate

holder’s principal base of operations;

and

(e) The name or the designator of the

responsible Flight Standards office.

[Docket No. 28154, 60 FR 65913, Dec. 20, 1995,
as amended by Docket FAA–2018–0119, Amdt.
119–19, 83 FR 9172, Mar. 5, 2018]

§ 119.39 Issuing or denying a certifi-

cate.

(a) An applicant may be issued an Air

Carrier Certificate or Operating Cer-
tificate if, after investigation, the Ad-
ministrator finds that the applicant—

(1) Meets the applicable requirements

of this part;

(2) Holds the economic authority ap-

plicable to the kinds of operations to
be conducted, issued by the Depart-

ment of Transportation, if required;
and

(3) Is properly and adequately

equipped in accordance with the re-
quirements of this chapter and is able
to conduct a safe operation under ap-
propriate provisions of part 121 or part
135 of this chapter and operations spec-
ifications 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 sub-
chapter;

(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 con-
trol 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 contrib-
uted to the circumstances causing rev-
ocation or causing the revocation proc-
ess;

(4) An individual who will have con-

trol over or have a substantial owner-
ship 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 materi-
ally contributed to the circumstances
causing revocation or causing the rev-
ocation 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.

§ 119.41 Amending a certificate.

(a) The Administrator may amend

any certificate issued under this part
if—

(1) The Administrator determines,

under 49 U.S.C. 44709 and part 13 of this
chapter, that safety in air commerce
and the public interest requires the
amendment; or

(2) The certificate holder applies for

the amendment and the responsible
Flight Standards office determines

14 CFR Ch. I (1–1–24 Edition)

§ 119.43

that safety in air commerce and the
public interest allows the amendment.

(b) When the Administrator proposes

to issue an order amending, sus-
pending, or revoking all or part of any
certificate, the procedure in § 13.19 of
this chapter applies.

plies for an amendment of its certifi-
cate, the following procedure applies:

(1) The certificate holder must file an

application to amend its certificate
with the responsible Flight Standards
office at least 15 days before the date
proposed by the applicant for the
amendment to become effective, unless
the administrator approves filing with-
in a shorter period; and

(2) The application must be sub-

mitted to the responsible Flight Stand-
ards office in the form and manner pre-
scribed by the Administrator.

(d) When a certificate holder seeks

reconsideration of a decision from the
responsible Flight Standards office
concerning amendments of a certifi-
cate, the following procedure applies:

(1) The petition for reconsideration

must be made within 30 days after the
certificate holder receives the notice of
denial; and

(2) The certificate holder must peti-

tion for reconsideration to the Execu-
tive Director, Flight Standards Serv-
ice.

[Docket No. 28154, 60 FR 65913, Dec. 20, 1995,
as amended by Docket FAA–2018–0119, Amdt.
119–19, 83 FR 9172, Mar. 5, 2018]

§ 119.43 Certificate holder’s duty to

maintain operations specifications.

(a) Each certificate holder shall

maintain a complete and separate set
of its operations specifications at its
principal base of operations.

(b) Each certificate holder shall in-

sert pertinent excerpts of its oper-
ations specifications, or references
thereto, in its manual and shall—

(1) Clearly identify each such excerpt

as a part of its operations specifica-
tions; and

(2) State that compliance with each

operations specifications requirement
is mandatory.

each of its employees and other persons
used in its operations informed of the
provisions of its operations specifica-

tions that apply to that employee’s or
person’s duties and responsibilities.

§ 119.45 [Reserved]

§ 119.47 Maintaining a principal base

of operations, main operations base,

and main maintenance base; change

of address.

(a) Each certificate holder must

maintain a principal base of oper-
ations. Each certificate holder may
also establish a main operations base
and a main maintenance base which
may be located at either the same loca-
tion as the principal base of operations
or at separate locations.

(b) At least 30 days before it proposes

to establish or change the location of
its principal base of operations, its
main operations base, or its main
maintenance base, a certificate holder
must provide written notification to
its responsible Flight Standards office.

[Docket No. 28154, 60 FR 65913, Dec. 20, 1995,
as amended by Docket FAA–2018–0119, Amdt.
119–19, 83 FR 9172, Mar. 5, 2018]

§ 119.49 Contents of operations speci-

fications.

(a) Each certificate holder con-

ducting domestic, flag, or commuter
operations must obtain operations
specifications containing all of the fol-
lowing:

(1) The specific location of the cer-

tificate holder’s principal base of oper-
ations and, if different, the address
that shall serve as the primary point of
contact for correspondence between the
FAA and the certificate holder and the
name and mailing address of the cer-
tificate holder’s agent for service.

(2) Other business names under which

the certificate holder may operate.

(3) Reference to the economic author-

ity issued by the Department of Trans-
portation, if required.

(4) Type of aircraft, registration

markings, and serial numbers of each
aircraft authorized for use, each reg-
ular and alternate airport to be used in
scheduled operations, and, except for
commuter operations, each provisional
and refueling airport.

(i) Subject to the approval of the Ad-

ministrator with regard to form and
content, the certificate holder may in-
corporate by reference the items listed