40
14 CFR Ch. I (1–1–24 Edition)
§ 119.55
certificate holder under this part au-
thorized to conduct common carriage
operations under this subchapter shall
provide the Administrator with a copy
of the wet lease to be executed which
would lease the aircraft to any other
person engaged in common carriage op-
erations under this subchapter, includ-
ing foreign air carriers, or to any other
foreign person engaged in common car-
riage wholly outside the United States.
(b) No certificate holder under this
part may wet lease from a foreign air
carrier or any other foreign person or
any person not authorized to engage in
common carriage.
(c) Upon receiving a copy of a wet
lease, the Administrator determines
which party to the agreement has oper-
ational control of the aircraft and
issues amendments to the operations
specifications of each party to the
agreement, as needed. The lessor must
provide the following information to be
incorporated into the operations speci-
fications of both parties, as needed.
(1) The names of the parties to the
agreement and the duration thereof.
(2) The nationality and registration
markings of each aircraft involved in
the agreement.
(3) The kind of operation (e.g., do-
mestic, flag, supplemental, commuter,
or on-demand).
(4) The airports or areas of operation.
(5) A statement specifying the party
deemed to have operational control and
the times, airports, or areas under
which such operational control is exer-
cised.
(d) In making the determination of
paragraph (c) of this section, the Ad-
ministrator will consider the following:
(1) Crewmembers and training.
(2) Airworthiness and performance of
maintenance.
(3) Dispatch.
(4) Servicing the aircraft.
(5) Scheduling.
(6) Any other factor the Adminis-
trator considers relevant.
(e) Other arrangements for transpor-
tation by air: Except as provided in
paragraph (f) of this section, a certifi-
cate holder under this part operating
under part 121 or 135 of this chapter
may not conduct any operation for an-
other certificate holder under this part
or a foreign air carrier under part 129
of this chapter or a foreign person en-
gaged in common carriage wholly out-
side the United States unless it holds
applicable Department of Transpor-
tation economic authority, if required,
and is authorized under its operations
specifications to conduct the same
kinds of operations (as defined in
§ 110.2). The certificate holder con-
ducting the substitute operation must
conduct that operation in accordance
with the same operations authority
held by the certificate holder arranging
for the substitute operation. These sub-
stitute operations must be conducted
between airports for which the sub-
stitute certificate holder holds author-
ity for scheduled operations or within
areas of operations for which the sub-
stitute certificate holder has authority
for supplemental or on-demand oper-
ations.
(f) A certificate holder under this
part may, if authorized by the Depart-
ment of Transportation under § 380.3 of
this title and the Administrator in the
case of interstate commuter, interstate
domestic, and flag operations, or the
Administrator in the case of scheduled
intrastate common carriage oper-
ations, conduct one or more flights for
passengers who are stranded because of
the cancellation of their scheduled
flights. These flights must be con-
ducted under the rules of part 121 or
part 135 of this chapter applicable to
supplemental or on-demand operations.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
amended by Amdt. 119–14, 76 FR 7488, Feb. 10,
2011]
§ 119.55 Obtaining deviation authority
to perform operations under a U.S.
military contract.
(a) The Administrator may authorize
a certificate holder that is authorized
to conduct supplemental or on-demand
operations to deviate from the applica-
ble requirements of this part, part 117,
part 121, or part 135 of this chapter in
order to perform operations under a
U.S. military contract.
(b) A certificate holder that has a
contract with the U.S. Department of
Defense’s Air Mobility Command
(AMC) must submit a request for devi-
ation authority to AMC. AMC will re-
view the requests, then forward the
carriers’ consolidated requests, along
41
Federal Aviation Administration, DOT
§ 119.59
with AMC’s recommendations, to the
FAA for review and action.
(c) The Administrator may authorize
a deviation to perform operations
under a U.S. military contract under
the following conditions—
(1) The Department of Defense cer-
tifies to the Administrator that the op-
eration is essential to the national de-
fense;
(2) The Department of Defense fur-
ther certifies that the certificate hold-
er cannot perform the operation with-
out deviation authority;
(3) The certificate holder will per-
form the operation under a contract or
subcontract for the benefit of a U.S.
armed service; and
(4) The Administrator finds that the
deviation is based on grounds other
than economic advantage either to the
certificate holder or to the United
States.
(d) In the case where the Adminis-
trator authorizes a deviation under
this section, the Administrator will
issue an appropriate amendment to the
certificate holder’s operations speci-
fications.
(e) The Administrator may, at any
time, terminate any grant of deviation
authority issued under this section.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
amended by Amdt. 119–16, 77 FR 402, Jan. 4,
2012]
§ 119.57 Obtaining deviation authority
to perform an emergency operation.
(a) In emergency conditions, the Ad-
ministrator may authorize deviations
if—
(1) Those conditions necessitate the
transportation of persons or supplies
for the protection of life or property;
and
(2) The Administrator finds that a de-
viation is necessary for the expeditious
conduct of the operations.
(b) When the Administrator author-
izes deviations for operations under
emergency conditions—
(1) The Administrator will issue an
appropriate amendment to the certifi-
cate holder’s operations specifications;
or
(2) If the nature of the emergency
does not permit timely amendment of
the operations specifications—
(i) The Administrator may authorize
the deviation orally; and
(ii) The certificate holder shall pro-
vide documentation describing the na-
ture of the emergency to the respon-
sible Flight Standards office within 24
hours after completing the operation.
[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]
§ 119.59 Conducting tests and inspec-
tions.
(a) At any time or place, the Admin-
istrator may conduct an inspection or
test to determine whether a certificate
holder under this part is complying
with title 49 of the United States Code,
applicable regulations, the certificate,
or the certificate holder’s operations
specifications.
(b) The certificate holder must—
(1) Make available to the Adminis-
trator at the certificate holder’s prin-
cipal base of operations—
(i) The certificate holder’s Air Car-
rier Certificate or the certificate hold-
er’s Operating Certificate and the cer-
tificate holder’s operations specifica-
tions; and
(ii) A current listing that will include
the location and persons responsible
for each record, document, and report
required to be kept by the certificate
holder under title 49 of the United
States Code applicable to the operation
of the certificate holder.
(2) Allow the Administrator to make
any test or inspection to determine
compliance respecting any matter stat-
ed in paragraph (a) of this section.
(c) Each employee of, or person used
by, the certificate holder who is re-
sponsible for maintaining the certifi-
cate holder’s records must make those
records available to the Administrator.
(d) The Administrator may deter-
mine a certificate holder’s continued
eligibility to hold its certificate and/or
operations specifications on any
grounds listed in paragraph (a) of this
section, or any other appropriate
grounds.
(e) Failure by any certificate holder
to make available to the Administrator
upon request, the certificate, oper-
ations specifications, or any required
record, document, or report is grounds
for suspension of all or any part of the