556
14 CFR Ch. I (1–1–19 Edition)
§ 139.7
movement areas and safety areas are
shared by both parties.
Unscheduled operation
means any
common carriage passenger-carrying
operation for compensation or hire,
using aircraft designed for at least 31
passenger seats, conducted by an air
carrier for which the departure time,
departure location, and arrival loca-
tion are specifically negotiated with
the customer or the customer’s rep-
resentative. It includes any passenger-
carrying supplemental operation con-
ducted under 14 CFR part 121 and any
passenger-carrying public charter oper-
ation conducted under 14 CFR part 380.
Wildlife hazard
means a potential for
a damaging aircraft collision with
wildlife on or near an airport. As used
in this part, ‘‘wildlife’’ includes feral
animals and domestic animals out of
the control of their owners.
N
OTE
:
Special Statutory Requirement To Op-
erate to or From a Part 139 Airport.
Each air
carrier that provides—in an aircraft designed
for more than 9 passenger seats—regularly
scheduled charter air transportation for
which the public is provided in advance a
schedule containing the departure location,
departure time, and arrival location of the
flight must operate to and from an airport
certificated under part 139 of this chapter in
accordance with 49 U.S.C. 41104(b). That stat-
utory provision contains stand-alone re-
quirements for such air carriers and special
exceptions for operations in Alaska and out-
side the United States. Certain operations by
air carriers that conduct public charter oper-
ations under 14 CFR part 380 are covered by
the statutory requirements to operate to and
from part 139 airports. See 49 U.S.C. 41104(b).
[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10,
2004, as amended by Amdt. 139–27, 78 FR 3316,
Jan. 16, 2013]
§ 139.7
Methods and procedures for
compliance.
Certificate holders must comply with
requirements prescribed by subparts C
and D of this part in a manner author-
ized by the Administrator. FAA Advi-
sory Circulars contain methods and
procedures for compliance with this
part that are acceptable to the Admin-
istrator.
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.
(c) Persons required to have an Air-
port Operating Certificate under this
part shall submit their Airport Certifi-
cation Manual to the FAA for ap-
proval, in accordance with the fol-
lowing schedule:
(1) Class I airports—6 months after
June 9, 2004.
(2) Class II, III, and IV airports—12
months after June 9, 2004.
§ 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 prepared in accordance with sub-
part C of this part.
§ 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
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