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to the applicant was revoked; or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cate has been revoked, will be em-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
329
Federal Aviation Administration, DOT
§ 125.49
holder may submit written informa-
tion, views, and arguments concerning
the proposed amendment. After consid-
eration of all relevant matter pre-
sented, the responsible Flight Stand-
ards office notifies the holder of any
amendment adopted, or a rescission of
the notice. That amendment becomes
effective not less than 30 days after the
holder receives notice of the adoption
of the amendment, unless the holder
petitions the Executive Director,
Flight Standards Service, for reconsid-
eration of the amendment. In that
case, the effective date of the amend-
ment is stayed pending a decision by
the Executive Director. If the Execu-
tive Director finds there is an emer-
gency requiring immediate action as to
safety in air commerce that makes the
provisions of this paragraph impracti-
cable or contrary to the public inter-
est, the Executive Director notifies the
certificate holder that the amendment
is effective on the date of receipt, with-
out previous notice.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Amdt. 125–13, 54 FR 39294, Sept.
25, 1989; Docket FAA–2018–0119, Amdt. 125–68,
83 FR 9173, 9174, Mar. 5, 2018]
§ 125.37 Duty period limitations.
(a) Each flight crewmember and
flight attendant must be relieved from
all duty for at least 8 consecutive
hours during any 24-hour period.
(b) The Administrator may specify
rest, flight time, and duty time limita-
tions in the operations specifications
that are other than those specified in
paragraph (a) of this section.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Amdt. 125–21, 59 FR 42993, Aug.
19, 1994]
§ 125.39 Carriage of narcotic drugs,
marihuana, and depressant or stim-
ulant drugs or substances.
If the holder of a certificate issued
under this part permits any airplane
owned or leased by that holder to be
engaged in any operation that the cer-
tificate holder knows to be in violation
of § 91.19(a) of this chapter, that oper-
ation is a basis for suspending or re-
voking the certificate.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Amdt. 125–12, 54 FR 34331, Aug.
18, 1989]
§ 125.41 Availability of certificate and
operations specifications.
Each certificate holder shall make
its operating certificate and operations
specifications available for inspection
by the Administrator at its principal
operations base.
§ 125.43 Use of operations specifica-
tions.
(a) Each certificate holder shall keep
each of its employees informed of the
provisions of its operations specifica-
tions that apply to the employee’s du-
ties and responsibilities.
(b) Each certificate holder shall
maintain a complete and separate set
of its operations specifications. In ad-
dition, each certificate holder shall in-
sert pertinent excerpts of its oper-
ations specifications, or reference
thereto, in its manual in such a man-
ner that they retain their identity as
operations specifications.
§ 125.45 Inspection authority.
Each certificate holder shall allow
the Administrator, at any time or
place, to make any inspections or tests
to determine its compliance with the
Federal Aviation Act of 1958, the Fed-
eral Aviation Regulations, its oper-
ating certificate and operations speci-
fications, its letter of deviation author-
ity, or its eligibililty to continue to
hold its certificate or its letter of devi-
ation authority.
§ 125.47 Change of address.
Each certificate holder shall notify
the responsible Flight Standards office
charged with the overall inspection of
its operations, in writing, at least 30
days in advance, of any change in the
address of its principal business office,
its principal operations base, or its
principal maintenance base.
[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]
§ 125.49 Airport requirements.
(a) No certificate holder may use any
airport unless it is adequate for the
proposed operation, considering such
items as size, surface, obstructions,
and lighting.