Section 119.55

14 CFR Ch. I (1-1-19 Edition)

which such operational control is exercised.
(d) In making the determination of
paragraph (c) of this section, the Administrator 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 Administrator considers relevant.
(e) Other arrangements for transportation by air: Except as provided in
paragraph (f) of this section, a certificate holder under this part operating
under part 121 or 135 of this chapter
may not conduct any operation for another certificate holder under this part
or a foreign air carrier under part 129
of this chapter or a foreign person engaged in common carriage wholly outside the United States unless it holds
applicable Department of Transportation economic authority, if required,
and is authorized under its operations
specifications to conduct the same
kinds of operations (as defined in
Section 110.2). The certificate holder conducting 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 substitute operations must be conducted
between airports for which the substitute certificate holder holds authority for scheduled operations or within
areas of operations for which the substitute certificate holder has authority
for supplemental or on-demand operations.
(f) A certificate holder under this
part may, if authorized by the Department of Transportation under Section 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 operations, conduct one or more flights for
passengers who are stranded because of
the cancellation of their scheduled
flights. These flights must be conducted 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]

Section 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 applicable 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 deviation authority to AMC. AMC will review the requests, then forward the
carriers- consolidated requests, along
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 certifies to the Administrator that the operation is essential to the national defense;
(2) The Department of Defense further certifies that the certificate holder cannot perform the operation without deviation authority;
(3) The certificate holder will perform 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 Administrator authorizes a deviation under
this section, the Administrator will
issue an appropriate amendment to the
certificate holder-s operations specifications.
(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]

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