23 

Federal Aviation Administration, DOT 

§ 119.41 

(b) The location of the certificate 

holder’s principal base of operations; 

(c) The certificate number; 
(d) The certificate’s effective date; 

and 

(e) The name or the designator of the 

responsible Flight Standards office. 

[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] 

§ 119.39

Issuing or denying a certifi-

cate. 

(a) An applicant may be issued an Air 

Carrier Certificate or Operating Cer-
tificate if, after investigation, the Ad-
ministrator finds that the applicant— 

(1) Meets the applicable requirements 

of this part; 

(2) Holds the economic authority ap-

plicable to the kinds of operations to 
be conducted, issued by the Depart-
ment of Transportation, if required; 
and 

(3) Is properly and adequately 

equipped in accordance with the re-
quirements of this chapter and is able 
to conduct a safe operation under ap-
propriate provisions of part 121 or part 
135 of this chapter and operations spec-
ifications issued under this part. 

(b) An application for a certificate 

may be denied if the Administrator 
finds that— 

(1) The applicant is not properly or 

adequately equipped or is not able to 
conduct safe operations under this sub-
chapter; 

(2) The applicant previously held an 

Air Carrier Certificate or Operating 
Certificate which was revoked; 

(3) The applicant intends to or fills a 

key management position listed in 
§ 119.65(a) or § 119.69(a), as applicable, 
with an individual who exercised con-
trol over or who held the same or a 
similar position with a certificate 
holder whose certificate was revoked, 
or is in the process of being revoked, 
and that individual materially contrib-
uted to the circumstances causing rev-
ocation or causing the revocation proc-
ess; 

(4) An individual who will have con-

trol over or have a substantial owner-
ship interest in the applicant had the 
same or similar control or interest in a 
certificate holder whose certificate was 
revoked, or is in the process of being 

revoked, and that individual materi-
ally contributed to the circumstances 
causing revocation or causing the rev-
ocation process; or 

(5) In the case of an applicant for an 

Operating Certificate for intrastate 
common carriage, that for financial 
reasons the applicant is not able to 
conduct a safe operation. 

§ 119.41

Amending a certificate. 

(a) The Administrator may amend 

any certificate issued under this part 
if— 

(1) The Administrator determines, 

under 49 U.S.C. 44709 and part 13 of this 
chapter, that safety in air commerce 
and the public interest requires the 
amendment; or 

(2) The certificate holder applies for 

the amendment and the responsible 
Flight Standards office determines 
that safety in air commerce and the 
public interest allows the amendment. 

(b) When the Administrator proposes 

to issue an order amending, sus-
pending, or revoking all or part of any 
certificate, the procedure in § 13.19 of 
this chapter applies. 

(c) When the certificate holder ap-

plies for an amendment of its certifi-
cate, the following procedure applies: 

(1) The certificate holder must file an 

application to amend its certificate 
with the responsible Flight Standards 
office at least 15 days before the date 
proposed by the applicant for the 
amendment to become effective, unless 
the administrator approves filing with-
in a shorter period; and 

(2) The application must be sub-

mitted to the responsible Flight Stand-
ards office in the form and manner pre-
scribed by the Administrator. 

(d) When a certificate holder seeks 

reconsideration of a decision from the 
responsible Flight Standards office 
concerning amendments of a certifi-
cate, the following procedure applies: 

(1) The petition for reconsideration 

must be made within 30 days after the 
certificate holder receives the notice of 
denial; and 

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