327
Federal Aviation Administration, DOT
§ 125.27
(2) A list of flight crewmembers with
the type of airman certificate held, in-
cluding ratings and certificate num-
bers.
[Docket No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Docket FAA–2018–0119, Amdt.
125–68, 83 FR 9173, Mar. 5, 2018]
§ 125.23 Rules applicable to operations
subject to this part.
Each person operating an aircraft in
operations under this part shall—
(a) While operating inside the United
States, comply with the applicable
rules in part 91 of this chapter; and
(b) While operating outside the
United States, comply with Annex 2,
Rules of the Air, to the Convention on
International Civil Aviation or the reg-
ulations of any foreign country, which-
ever applies, and with any rules of
parts 61 and 91 of this chapter and this
part that are more restrictive than
that Annex or those regulations and
that can be complied with without vio-
lating that Annex or those regulations.
Annex 2 is incorporated by reference in
§ 91.703(b) of this chapter.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Amdt. 125–12, 54 FR 34331, Aug.
18, 1989; Docket No. FAA–2022–1563; Amdt.
No. 125–74, 88 FR 48090, July 26, 2023]
§ 125.25 Management personnel re-
quired.
(a) Each applicant for a certificate
under this part must show that it has
enough management personnel, includ-
ing at least a director of operations, to
assure that its operations are con-
ducted in accordance with the require-
ments of this part.
(b) Each applicant shall—
(1) Set forth the duties, responsibil-
ities, and authority of each of its man-
agement personnel in the general pol-
icy section of its manual;
(2) List in the manual the names and
addresses of each of its management
personnel;
(3) Designate a person as responsible
for the scheduling of inspections re-
quired by the manual and for the up-
dating of the approved weight and bal-
ance system on all airplanes.
(c) Each certificate holder shall no-
tify the responsible Flight Standards
office charged with the overall inspec-
tion of the certificate holder of any
change made in the assignment of per-
sons to the listed positions within 10
days, excluding Saturdays, Sundays,
and Federal holidays, of such change.
[Docket No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Docket FAA–2018–0119, Amdt.
125–68, 83 FR 9173, Mar. 5, 2018]
§ 125.26 Employment of former FAA
employees.
(a) Except as specified in paragraph
(c) of this section, no certificate holder
may knowingly employ or make a con-
tractual arrangement which permits an
individual to act as an agent or rep-
resentative of the certificate holder in
any matter before the Federal Aviation
Administration if the individual, in the
preceding 2 years—
(1) Served as, or was directly respon-
sible for the oversight of, a Flight
Standards Service aviation safety in-
spector; and
(2) Had direct responsibility to in-
spect, or oversee the inspection of, the
operations of the certificate holder.
(b) For the purpose of this section, an
individual shall be considered to be
acting as an agent or representative of
a certificate holder in a matter before
the agency if the individual makes any
written or oral communication on be-
half of the certificate holder to the
agency (or any of its officers or em-
ployees) in connection with a par-
ticular matter, whether or not involv-
ing a specific party and without regard
to whether the individual has partici-
pated in, or had responsibility for, the
particular matter while serving as a
Flight Standards Service aviation safe-
ty inspector.
(c) The provisions of this section do
not prohibit a certificate holder from
knowingly employing or making a con-
tractual arrangement which permits an
individual to act as an agent or rep-
resentative of the certificate holder in
any matter before the Federal Aviation
Administration if the individual was
employed by the certificate holder be-
fore October 21, 2011.
[Doc. No. FAA–2008–1154, 76 FR 52235, Aug. 22,
2011]
§ 125.27 Issue of certificate.
(a) An applicant for a certificate
under this subpart is entitled to a cer-
tificate if the Administrator finds that
328
14 CFR Ch. I (1–1–24 Edition)
§ 125.29
the applicant is properly and ade-
quately equipped and able to conduct a
safe operation in accordance with the
requirements of this part and the oper-
ations specifications provided for in
this part.
(b) The Administrator may deny an
application for a certificate under this
subpart if the Administrator finds—
(1) That an operating certificate re-
quired under this part or part 121, 123,
or 135 of this chapter previously issued
to the applicant was revoked; or
(2) That a person who was employed
in a management position under § 125.25
of this part with (or has exercised con-
trol with respect to) any certificate
holder under part 121, 123, 125, or 135 of
this chapter whose operating certifi-
cate has been revoked, will be em-
ployed in any of those positions or a
similar position with the applicant and
that the person’s employment or con-
trol contributed materially to the rea-
sons for revoking that certificate.
§ 125.29 Duration of certificate.
(a) A certificate issued under this
part is effective until surrendered, sus-
pended, or revoked.
(b) The Administrator may suspend
or revoke a certificate under section
609 of the Federal Aviation Act of 1958
and the applicable procedures of part 13
of this chapter for any cause that, at
the time of suspension or revocation,
would have been grounds for denying
an application for a certificate.
(c) If the Administrator suspends or
revokes a certificate or it is otherwise
terminated, the holder of that certifi-
cate shall return it to the Adminis-
trator.
§ 125.31 Contents of certificate and op-
erations specifications.
(a) Each certificate issued under this
part contains the following:
(1) The holder’s name.
(2) A description of the operations
authorized.
(3) The date it is issued.
(b) The operations specifications
issued under this part contain the fol-
lowing:
(1) The kinds of operations author-
ized.
(2) The types and registration num-
bers of airplanes authorized for use.
(3) Approval of the provisions of the
operator’s manual relating to airplane
inspections, together with necessary
conditions and limitations.
(4) Registration numbers of airplanes
that are to be inspected under an ap-
proved airplane inspection program
under § 125.247.
(5) Procedures for control of weight
and balance of airplanes.
(6) Any other item that the Adminis-
trator determines is necessary to cover
a particular situation.
§ 125.33 Operations specifications not
a part of certificate.
Operations specifications are not a
part of an operating certificate.
§ 125.35 Amendment of operations
specifications.
(a) The responsible Flight Standards
office charged with the overall inspec-
tion of the certificate holder may
amend any operations specifications
issued under this part if—
(1) It determines that safety in air
commerce requires that amendment; or
(2) Upon application by the holder,
the responsible Flight Standards office
determines that safety in air com-
merce allows that amendment.
(b) The certificate holder must file
an application to amend operations
specifications at least 15 days before
the date proposed by the applicant for
the amendment to become effective,
unless a shorter filing period is ap-
proved. The application must be on a
form and in a manner prescribed by the
Administrator and be submitted to the
responsible Flight Standards office
charged with the overall inspection of
the certificate holder.
(c) Within 30 days after a notice of re-
fusal to approve a holder’s application
for amendment is received, the holder
may petition the Executive Director,
Flight Standards Service, to reconsider
the refusal to amend.
(d) When the responsible Flight
Standards office charged with the over-
all inspection of the certificate holder
amends operations specifications, the
responsible Flight Standards office
gives notice in writing to the holder of
a proposed amendment to the oper-
ations specifications, fixing a period of
not less than 7 days within which the