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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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