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14 CFR Ch. I (1–1–24 Edition)
§ 139.101
Subpart B—Certification
§ 139.101 General requirements.
(a) Except as otherwise authorized by
the Administrator, no person may op-
erate an airport specified under § 139.1
of this part without an Airport Oper-
ating Certificate or in violation of that
certificate, the applicable provisions,
or the approved Airport Certification
Manual.
(b) Each certificate holder shall
adopt and comply with an Airport Cer-
tification Manual as required under
§ 139.203.
[Docket No. FAA–2000–7479, 69 FR 6424, Feb.
10, 2004, as amended by Docket No. FAA–
2010–0997;Amdt. No. 139–28, 88 FR 11672, Feb.
23, 2023]
§ 139.103 Application for certificate.
Each applicant for an Airport Oper-
ating Certificate must—
(a) Prepare and submit an applica-
tion, in a form and in the manner pre-
scribed by the Administrator, to the
Regional Airports Division Manager.
(b) Submit with the application, two
copies of an Airport Certification Man-
ual, and a Safety Management System
Manual (where applicable), prepared in
accordance with subparts C and E of
this part.
[Docket No. FAA–2000–7479, 69 FR 6424, Feb.
10, 2004, as amended by Docket No. FAA–
2010–0997;Amdt. No. 139–28, 88 FR 11672, Feb.
23, 2023]
§ 139.105 Inspection authority.
Each applicant for, or holder of, an
Airport Operating Certificate must
allow the Administrator to make any
inspections, including unannounced in-
spections, or tests to determine com-
pliance with 49 U.S.C. 44706 and the re-
quirements of this part.
§ 139.107 Issuance of certificate.
An applicant for an Airport Oper-
ating Certificate is entitled to a cer-
tificate if—
(a) The applicant provides written
documentation that air carrier service
will begin on a date certain.
(b) The applicant meets the provi-
sions of § 139.103.
(c) The Administrator, after inves-
tigation, finds the applicant is properly
and adequately equipped and able to
provide a safe airport operating envi-
ronment in accordance with—
(1) Any limitation that the Adminis-
trator finds necessary to ensure safety
in air transportation.
(2) The requirements of the Airport
Certification Manual, as specified
under § 139.203.
(3) Any other provisions of this part
that the Administrator finds necessary
to ensure safety in air transportation.
(d) The Administrator approves the
Airport Certification Manual.
§ 139.109 Duration of certificate.
An Airport Operating Certificate
issued under this part is effective until
the certificate holder surrenders it or
the certificate is suspended or revoked
by the Administrator.
§ 139.111 Exemptions.
(a) An applicant or a certificate hold-
er may petition the Administrator
under 14 CFR part 11, General Rule-
making Procedures, of this chapter for
an exemption from any requirement of
this part.
(b) Under 49 U.S.C. 44706(c), the Ad-
ministrator may exempt an applicant
or a certificate holder that enplanes
annually less than one-quarter of 1 per-
cent of the total number of passengers
enplaned at all air carrier airports
from all, or part, of the aircraft rescue
and firefighting equipment require-
ments of this part on the grounds that
compliance with those requirements is,
or would be, unreasonably costly, bur-
densome, or impractical.
(1) Each petition filed under this
paragraph must—
(i) Be submitted in writing at least
120 days before the proposed effective
date of the exemption;
(ii) Set forth the text of §§ 139.317 or
139.319 from which the exemption is
sought;
(iii) Explain the interest of the cer-
tificate holder in the action requested,
including the nature and extent of re-
lief sought; and
(iv) Contain information, views, or
arguments that demonstrate that the
requirements of §§ 139.317 or 139.319
would be unreasonably costly, burden-
some, or impractical.
