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Federal Aviation Administration, DOT

§ 139.115

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.

(2) Information, views, or arguments

provided under paragraph (b)(1) of this

section shall include the following in-
formation pertaining to the airport for
which the Airport Operating Certifi-
cate is held:

(i) An itemized cost to comply with

the requirement from which the ex-
emption is sought;

(ii) Current staffing levels;
(iii) The current annual financial re-

port, such as a single audit report or
FAA Form 5100–127, Operating and Fi-
nancial Summary;

(iv) Annual passenger enplanement

data for the previous 12 calendar
months;

(v) The type and frequency of air car-

rier operations served;

(vi) A history of air carrier service;
(vii) Anticipated changes to air car-

rier service;

tion must be submitted in duplicate to
the—

(1) Regional Airports Division Man-

ager and

(2) Federal Docket Management Sys-

tem, as specified under 14 CFR part 11.

[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10,
2004; 72 FR 68475, Dec. 5, 2007]

§ 139.113

Deviations.

In emergency conditions requiring

immediate action for the protection of
life or property, the certificate holder
may deviate from any requirement of
subpart D of this part, or the Airport
Certification Manual, to the extent re-
quired to meet that emergency. Each
certificate holder who deviates from a
requirement under this section must,
within 14 days after the emergency, no-
tify the Regional Airports Division
Manager of the nature, extent, and du-
ration of the deviation. When requested
by the Regional Airports Division Man-
ager, the certificate holder must pro-
vide this notification in writing.

§ 139.115

Falsification, reproduction,

or alteration of applications, certifi-
cates, reports, or records.

(a) No person shall make or cause to

be made:

(1) Any fraudulent or intentionally

false statement on any application for
a certificate or approval under this
part.

(2) Any fraudulent or intentionally

false entry in any record or report that

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