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(a)
This part applies to each person operating or
intending to operate civil aircraft—
(1)
As an air carrier or commercial operator, or both,
in air commerce; or
(2)
When common carriage is not involved, in operations
of AFRO-CAA member State-registered civil airplanes
with a seat configuration of 20 or more passengers,
or a maximum payload capacity of 6,000 pounds or
more.
(b)
This part prescribes—
(1)
The types of air operator certificates issued by the
African Civil Aviation Agency, including air carrier
certificates and operating certificates;
(2)
The certification requirements an operator must meet
in order to obtain and hold a certificate
authorizing operations under part 121, 125, or 135
of this chapter and operations specifications for
each kind of operation to be conducted and each
class and size of aircraft to be operated under part
121 or 135 of this chapter;
(3)
The requirements an operator must meet to conduct
operations under part 121, 125, or 135 of this
chapter and in operating each class and size of
aircraft authorized in its operations
specifications;
(4)
Requirements affecting wet leasing of aircraft and
other arrangements for transportation by air;
(5)
Requirements for obtaining deviation authority to
perform operations under a military contract and
obtaining deviation authority to perform an
emergency operation; and
(6)
Requirements for management personnel for operations
conducted under part 121 or part 135 of this
chapter.
(c)
Persons subject to this part must comply with the
other requirements of this chapter, except where
those requirements are modified by or where
additional requirements are imposed by part 119,
121, 125, or 135 of this chapter.
(d)
This part does not govern operations conducted under
part 91, subpart K (when common carriage is not
involved) nor does it govern operations conducted
under part 129, 133, 137, or 139 of this chapter.
(e)
Except for operations when common carriage is not
involved conducted with airplanes having a
passenger-seat configuration of 20 seats or more,
excluding any required crewmember seat, or a payload
capacity of 6,000 pounds or more, this part does not
apply to—
(1)
Student instruction;
(2)
Nonstop Commercial Air Tours conducted, in an
airplane or helicopter having a standard
airworthiness certificate and passenger-seat
configuration of 30 seats or fewer and a maximum
payload capacity of 7,500 pounds or less that begin
and end at the same airport, and are conducted
within a 25-statute mile radius of that airport, in
compliance with the Letter of Authorization issued
under 91.147 of this chapter. For nonstop Commercial
Air Tours conducted in accordance with part 136,
subpart B of this chapter, National Parks Air Tour
Management, the requirements of part 119 of this
chapter apply unless excepted in 136.37(g)(2). For
Nonstop Commercial Air Tours conducted in the
vicinity of the ‘Grand Canyon National Park, Fish
River Canyon, Namibia’, the requirements of ACAR
50–2, part 93, subpart U, and part 119 of this
chapter, as applicable, apply.
(3)
Ferry or training flights;
(4)
Aerial work operations, including—
(i)
Crop dusting, seeding, spraying, and bird chasing;
(ii)
Banner towing;
(iii) Aerial photography or survey;
(iv)
Fire fighting;
(v)
Helicopter operations in construction or repair work
(but it does apply to transportation to and from the
site of operations); and
(vi)
Powerline or pipeline patrol;
(5)
Sightseeing flights conducted in hot air balloons;
(6)
Nonstop flights conducted within a 25-statute-mile
radius of the airport of takeoff carrying persons or
objects for the purpose of conducting intentional
parachute operations.
(7)
Helicopter flights conducted within a 25 statute
mile radius of the airport of takeoff if—
(i)
Not more than two passengers are carried in the
helicopter in addition to the required flight crew;
(ii)
Each flight is made under day VFR conditions;
(iii) The helicopter used is certificated in the
standard category and complies with the 100-hour
inspection requirements of part 91 of this chapter;
(iv)
The operator notifies the AFRO-CAA Office
responsible for the geographic area concerned at
least 72 hours before each flight and furnishes any
essential information that the office requests;
(v)
The number of flights does not exceed a total of six
in any calendar year;
(vi)
Each flight has been approved by the Administrator;
and
(vii) Cargo is not carried in or on the helicopter;
(8)
Operations conducted under part 133 of this chapter
or 375 of this title;
(9)
Emergency mail service conducted under 49 U.S.C.
41906; or
(10)
Operations conducted under the provisions of 91.321
of this chapter.
For
the purpose of subchapter G of this chapter, the
term—
All-cargo operation
means any operation for compensation or hire that is
other than a passenger-carrying operation or, if
passengers are carried, they are only those
specified in 121.583(a) or 135.85 of this chapter.
Certificate-holding district office
means the Office that has responsibility for
administering the certificate and is charged with
the overall inspection of the certificate holder's
operations.
Commercial air tour
means a flight conducted for compensation or hire in
an airplane or helicopter where a purpose of the
flight is sightseeing. The AFRO-CAA may consider the
following factors in determining whether a flight is
a commercial air tour:
(1)
Whether there was a holding out to the public of
willingness to conduct a sightseeing flight for
compensation or hire;
(2)
Whether the person offering the flight provided a
narrative that referred to areas or points of
interest on the surface below the route of the
flight;
(3)
The area of operation;
(4)
How often the person offering the flight conducts
such flights;
(5)
The route of flight;
(6)
The inclusion of sightseeing flights as part of any
travel arrangement package;
(7)
Whether the flight in question would have been
canceled based on poor visibility of the surface
below the route of the flight; and
(8)
Any other factors that the AFRO-CAA considers
appropriate.
Commuter operation
means any scheduled operation conducted by any
person operating one of the following types of
aircraft with a frequency of operations of at least
five round trips per week on at least one route
between two or more points according to the
published flight schedules:
(1)
Airplanes, other than turbojet powered airplanes,
having a maximum passenger-seat configuration of 9
seats or less, excluding each crewmember seat, and a
maximum payload capacity of 7,500 pounds or less; or
(2)
Rotorcraft.
Direct air carrier
means a person who provides or offers to provide air
transportation and who has control over the
operational functions performed in providing that
transportation.
Ministry of Defense commercial air carrier evaluator
means a qualified Air Mobility Command, Survey and
Analysis Office (AMC/DOB) cockpit evaluator
performing the duties specified in Revelant Laws
when the evaluator is flying on an air carrier that
is contracted or pursuing a contract with the
AFRO-CAA member States Ministry of Defense (MOD).
Domestic operation
means any scheduled operation conducted by any
person operating any airplane described in paragraph
(1) of this definition at locations described in
paragraph (2) of this definition:
(1)
Airplanes:
(i)
Turbojet-powered airplanes;
(ii)
Airplanes having a passenger-seat configuration of
more than 9 passenger seats, excluding each
crewmember seat; or
(iii) Airplanes having a payload capacity of more
than 7,500 pounds.
(2)
Locations:
(i)
Between any points within the 48 contiguous States
of the AFRO-CAA member States or the District of
Columbia; or
(ii)
Operations solely within the 48 contiguous States of
the AFRO-CAA member States or the District of
Columbia; or
(iii) Operations entirely within any State,
territory, or possession of the AFRO-CAA member
States; or
(iv)
When specifically authorized by the Administrator,
operations between any point within the 48
contiguous States of the AFRO-CAA member States and
any specifically authorized point located outside
the contiguous States of the AFRO-CAA member States.
Empty weight
means the weight of the airframe, engines,
propellers, rotors, and fixed equipment. Empty
weight excludes the weight of the crew and payload,
but includes the weight of all fixed ballast,
unusable fuel supply, undrainable oil, total
quantity of engine coolant, and total quantity of
hydraulic fluid.
Flag
operation
means any scheduled operation conducted by any
person operating any airplane described in paragraph
(1) of this definition at the locations described in
paragraph (2) of this definition:
(1)
Airplanes:
(i)
Turbojet-powered airplanes;
(ii)
Airplanes having a passenger-seat configuration of
more than 9 passenger seats, excluding each
crewmember seat; or
(iii) Airplanes having a payload capacity of more
than 7,500 pounds.
(2)
Locations:
(i)
Between any point within the State of Alaska or the
State of Hawaii or any territory or possession of
the AFRO-CAA member States and any point outside the
State of Alaska or the State of Hawaii or any
territory or possession of the AFRO-CAA member
States, respectively; or
(ii)
Between any point within the contiguous States of
the AFRO-CAA member States or the and any point
outside the contiguous States of the AFRO-CAA
member States.
(iii) Between any point outside the AFRO-CAA member
States and another point outside the AFRO-CAA member
States.
Justifiable aircraft equipment
means any equipment necessary for the operation of
the aircraft. It does not include equipment or
ballast specifically installed, permanently or
otherwise, for the purpose of altering the empty
weight of an aircraft to meet the maximum payload
capacity.
Kind
of operation
means one of the various operations a certificate
holder is authorized to conduct, as specified in its
operations specifications, i.e., domestic, flag,
supplemental, commuter, or on-demand operations.
Maximum payload capacity
means:
(1)
For an aircraft for which a maximum zero fuel weight
is prescribed in AFRO-CAA technical specifications,
the maximum zero fuel weight, less empty weight,
less all justifiable aircraft equipment, and less
the operating load (consisting of minimum flightcrew,
foods and beverages, and supplies and equipment
related to foods and beverages, but not including
disposable fuel or oil).
(2)
For all other aircraft, the maximum certificated
takeoff weight of an aircraft, less the empty
weight, less all justifiable aircraft equipment, and
less the operating load (consisting of minimum fuel
load, oil, and flightcrew). The allowance for the
weight of the crew, oil, and fuel is as follows:
(i)
Crew—for each crewmember required by the African
Civil Aviation Agency Regulations—
(A)
For male flight crewmembers—180 pounds.
(B)
For female flight crewmembers—140 pounds.
(C)
For male flight attendants—180 pounds.
(D)
For female flight attendants—130 pounds.
(E)
For flight attendants not identified by gender—140
pounds.
(ii)
Oil—350 pounds or the oil capacity as specified on
the Type Certificate Data Sheet.
(iii) Fuel—the minimum weight of fuel required by
the applicable African Civil Aviation Agency
Regulations for a flight between domestic points 174
nautical miles apart under VFR weather conditions
that does not involve extended overwater operations.
Maximum zero fuel weight
means the maximum permissible weight of an aircraft
with no disposable fuel or oil. The zero fuel weight
figure may be found in either the aircraft type
certificate data sheet, the approved Aircraft Flight
Manual, or both.
Non-common carriage
means an aircraft operation for compensation or hire
that does not involve a holding out to others.
On-demand operation
means any operation for compensation or hire that is
one of the following:
(1)
Passenger-carrying operations conducted as a public
charter under part 380 of this title or any
operations in which the departure time, departure
location, and arrival location are specifically
negotiated with the customer or the customer's
representative that are any of the following types
of operations:
(i)
Common carriage operations conducted with airplanes,
including turbojet-powered airplanes, having a
passenger-seat configuration of 30 seats or fewer,
excluding each crewmember seat, and a payload
capacity of 7,500 pounds or less, except that
operations using a specific airplane that is also
used in domestic or flag operations and that is so
listed in the operations specifications as required
by 119.49(a)(4) for those operations are considered
supplemental operations;
(ii)
Non-common or private carriage operations conducted
with airplanes having a passenger-seat configuration
of less than 20 seats, excluding each crewmember
seat, and a payload capacity of less than 6,000
pounds; or
(iii) Any rotorcraft operation.
(2)
Scheduled passenger-carrying operations conducted
with one of the following types of aircraft with a
frequency of operations of less than five round
trips per week on at least one route between two or
more points according to the published flight
schedules:
(i)
Airplanes, other than turbojet powered airplanes,
having a maximum passenger-seat configuration of 9
seats or less, excluding each crewmember seat, and a
maximum payload capacity of 7,500 pounds or less; or
(ii)
Rotorcraft.
(3)
All-cargo operations conducted with airplanes having
a payload capacity of 7,500 pounds or less, or with
rotorcraft.
Passenger-carrying operation
means any aircraft operation carrying any person,
unless the only persons on the aircraft are those
identified in 121.583(a) or 135.85 of this chapter,
as applicable. An aircraft used in a
passenger-carrying operation may also carry cargo or
mail in addition to passengers.
Principal base of operations
means the primary operating location of a
certificate holder as established by the certificate
holder.
Provisional airport
means an airport approved by the Administrator for
use by a certificate holder for the purpose of
providing service to a community when the regular
airport used by the certificate holder is not
available.
Regular airport
means an airport used by a certificate holder in
scheduled operations and listed in its operations
specifications.
Scheduled operation
means any common carriage passenger-carrying
operation for compensation or hire conducted by an
air carrier or commercial operator for which the
certificate holder or its representative offers in
advance the departure location, departure time, and
arrival location. It does not include any
passenger-carrying operation that is conducted as a
public charter operation under part 380 of this
title.
Supplemental operation
means any common carriage operation for compensation
or hire conducted with any airplane described in
paragraph (1) of this definition that is a type of
operation described in paragraph (2) of this
definition:
(1)
Airplanes:
(i)
Airplanes having a passenger-seat configuration of
more than 30 seats, excluding each crewmember seat;
(ii)
Airplanes having a payload capacity of more than
7,500 pounds; or
(iii) Each propeller-powered airplane having a
passenger-seat configuration of more than 9 seats
and less than 31 seats, excluding each crewmember
seat, that is also used in domestic or flag
operations and that is so listed in the operations
specifications as required by 119.49(a)(4) for those
operations; or
(iv)
Each turbojet powered airplane having a passenger
seat configuration of 1 or more and less than 31
seats, excluding each crewmember seat, that is also
used in domestic or flag operations and that is so
listed in the operations specifications as required
by 119.49(a)(4) for those operations.
(2)
Types of operation:
(i)
Operations for which the departure time, departure
location, and arrival location are specifically
negotiated with the customer or the customer's
representative;
(ii)
All-cargo operations; or
(iii) Passenger-carrying public charter operations
conducted under part 380 of this title.
Wet
lease
means any leasing arrangement whereby a person
agrees to provide an entire aircraft and at least
one crewmember. A wet lease does not include a
code-sharing arrangement.
When
common carriage is not involved or operations not
involving common carriage
means any of the following:
(1)
Non-common carriage.
(2)
Operations in which persons or cargo are transported
without compensation or hire.
(3)
Operations not involving the transportation of
persons or cargo.
(4)
Private carriage.
Years in service
means the calendar time elapsed since an aircraft
was issued its first AFRO-CAA member State or first
foreign airworthiness certificate.
(a)
A person authorized by the Administrator to conduct
operations as a direct air carrier will be issued an
Air Carrier Certificate.
(b)
A person who is not authorized to conduct direct air
carrier operations, but who is authorized by the
Administrator to conduct operations as a AFRO-CAA
member State commercial operator, will be issued an
Operating Certificate.
(c)
A person who is not authorized to conduct direct air
carrier operations, but who is authorized by the
Administrator to conduct operations when common
carriage is not involved as an operator of AFRO-CAA
member State registered civil airplanes with a seat
configuration of 20 or more passengers, or a maximum
payload capacity of 6,000 pounds or more, will be
issued an Operating Certificate.
(d)
A person authorized to engage in common carriage
under part 121 or part 135 of this chapter, or both,
shall be issued only one certificate authorizing
such common carriage, regardless of the kind of
operation or the class or size of aircraft to be
operated.
(e)
A person authorized to engage in non-common or
private carriage under part 125 or part 135 of this
chapter, or both, shall be issued only one
certificate authorizing such carriage, regardless of
the kind of operation or the class or size of
aircraft to be operated.
(f)
A person conducting operations under more than one
paragraph of 119.21, 119.23, or 119.25 shall conduct
those operations in compliance with—
(1)
The requirements specified in each paragraph of
those sections for the kind of operation conducted
under that paragraph; and
(2)
The appropriate authorizations, limitations, and
procedures specified in the operations
specifications for each kind of operation.
(g)
No person may operate as a direct air carrier or as
a commercial operator without, or in violation of,
an appropriate certificate and appropriate
operations specifications. No person may operate as
a direct air carrier or as a commercial operator in
violation of any deviation or exemption authority,
if issued to that person or that person's
representative.
(h)
A person holding an Operating Certificate
authorizing non-common or private carriage
operations shall not conduct any operations in
common carriage. A person holding an Air Carrier
Certificate or Operating Certificate authorizing
common carriage operations shall not conduct any
operations in non-common carriage.
(i)
No person may operate as a direct air carrier
without holding appropriate economic authority from
the AFRO-CAA member State Ministry of
Transportation.
(j)
A certificate holder under this part may not operate
aircraft under part 121 or part 135 of this chapter
in a geographical area unless its operations
specifications specifically authorize the
certificate holder to operate in that area.
(k)
No person may advertise or otherwise offer to
perform an operation subject to this part unless
that person is authorized by the African Civil
Aviation Agency to conduct that operation.
(l)
No person may operate an aircraft under this part,
part 121 of this chapter, or part 135 of this
chapter in violation of an air carrier operating
certificate, operating certificate, or appropriate
operations specifications issued under this part.
(a)
Each certificate holder's operations specifications
must contain—
(1)
The authorizations, limitations, and certain
procedures under which each kind of operation, if
applicable, is to be conducted; and
(2)
Certain other procedures under which each class and
size of aircraft is to be operated.
(b)
Except for operations specifications paragraphs
identifying authorized kinds of operations,
operations specifications are not a part of a
certificate.
(a)
A certificate holder under this part may not operate
an aircraft under part 121 or part 135 of this
chapter using a business name other than a business
name appearing in the certificate holder's
operations specifications.
(b)
No person may operate an aircraft under part 121 or
part 135 of this chapter unless the name of the
certificate holder who is operating the aircraft, or
the air carrier or operating certificate number of
the certificate holder who is operating the
aircraft, is legibly displayed on the aircraft and
is clearly visible and readable from the outside of
the aircraft to a person standing on the ground at
any time except during flight time. The means of
displaying the name on the aircraft and its
readability must be acceptable to the Administrator.
(a)
Each person who conducts airplane operations as a
commercial operator engaged in intrastate common
carriage of persons or property for compensation or
hire in air commerce, or as a direct air carrier,
shall comply with the certification and operations
specifications requirements in subpart C of this
part, and shall conduct its:
(1)
Domestic operations in accordance with the
applicable requirements of part 121 of this chapter,
and shall be issued operations specifications for
those operations in accordance with those
requirements. However, based on a showing of safety
in air commerce, the Administrator may permit
persons who conduct domestic
operations between any point located within any
AFRO-CAA member State and any point in the
contiguous States of Alaska to comply with the
requirements applicable to flag operations contained
in subpart U of part 121 of this chapter:
(2)
Flag operations in accordance with the applicable
requirements of part 121 of this chapter, and shall
be issued operations specifications for those
operations in accordance with those requirements.
(3)
Supplemental operations in accordance with the
applicable requirements of part 121 of this chapter,
and shall be issued operations specifications for
those operations in accordance with those
requirements. However, based on a determination of
safety in air commerce, the Administrator may
authorize or require those operations to be
conducted under paragraph (a)(1) or (a)(2) of this
section.
(4)
Commuter operations in accordance with the
applicable requirements of part 135 of this chapter,
and shall be issued operations specifications for
those operations in accordance with those
requirements.
(5)
On-demand operations in accordance with the
applicable requirements of part 135 of this chapter,
and shall be issued operations specifications for
those operations in accordance with those
requirements.
(b)
Persons who are subject to the requirements of
paragraph (a)(4) of this section may conduct those
operations in accordance with the requirements of
paragraph (a)(1) or (a)(2) of this section, provided
they obtain authorization from the Administrator.
(c)
Persons who are subject to the requirements of
paragraph (a)(5) of this section may conduct those
operations in accordance with the requirements of
paragraph (a)(3) of this section, provided they
obtain authorization from the Administrator.
(a)
Each person who conducts operations when common
carriage is not involved with airplanes having a
passenger-seat configuration of 20 seats or more,
excluding each crewmember seat, or a payload
capacity of 6,000 pounds or more, shall, unless
deviation authority is issued—
(1)
Comply with the certification and operations
specifications requirements of part 125 of this
chapter;
(2)
Conduct its operations with those airplanes in
accordance with the requirements of part 125 of this
chapter; and
(3)
Be issued operations specifications in accordance
with those requirements.
(b)
Each person who conducts non-common carriage (except
as provided in 91.501(b) of this chapter) or private
carriage operations for compensation or hire with
airplanes having a passenger-seat configuration of
less than 20 seats, excluding each crewmember seat,
and a payload capacity of less than 6,000 pounds
shall—
(1)
Comply with the certification and operations
specifications requirements in subpart C of this
part;
(2)
Conduct those operations in accordance with the
requirements of part 135 of this chapter, except for
those requirements applicable only to commuter
operations; and
(3)
Be issued operations specifications in accordance
with those requirements.
Each
person who conducts rotorcraft operations for
compensation or hire must comply with the
certification and operations specifications
requirements of Subpart C of this part, and shall
conduct its:
(a)
Commuter operations in accordance with the
applicable requirements of part 135 of this chapter,
and shall be issued operations specifications for
those operations in accordance with those
requirements.
(b)
On-demand operations in accordance with the
applicable requirements of part 135 of this chapter,
and shall be issued operations specifications for
those operations in accordance with those
requirements.
This
subpart sets out certification requirements and
prescribes the content of operations specifications
and certain other requirements for operations
conducted under part 121 or part 135 of this
chapter.
(a)
A person may not operate as a direct air carrier
unless that person—
(1)
Is a citizen of the AFRO-CAA member States;
(2)
Obtains an Air Carrier Certificate; and
(3)
Obtains operations specifications that prescribe the
authorizations, limitations, and procedures under
which each kind of operation must be conducted.
(b)
A person other than a direct air carrier may not
conduct any commercial passenger or cargo aircraft
operation for compensation or hire under part 121 or
part 135 of this chapter unless that person—
(1)
Is a citizen of the AFRO-CAA member States;
(2)
Obtains an Operating Certificate; and
(3)
Obtains operations specifications that prescribe the
authorizations, limitations, and procedures under
which each kind of operation must be conducted.
(c)
Each applicant for a certificate under this part and
each applicant for operations specifications
authorizing a new kind of operation that is subject
to 121.163 or §135.145 of this chapter shall conduct
proving tests as authorized by the Administrator
during the application process for authority to
conduct operations under part 121 or part 135 of
this chapter. All proving tests must be conducted in
a manner acceptable to the Administrator. All
proving tests must be conducted under the
appropriate operating and maintenance requirements
of part 121 or 135 of this chapter that would apply
if the applicant were fully certificated. The
Administrator will issue a letter of authorization
to each person stating the various authorities under
which the proving tests shall be conducted.
(a)
A person applying to the Administrator for an Air
Carrier Certificate or Operating Certificate under
this part (applicant) must submit an application—
(1)
In a form and manner prescribed by the
Administrator; and
(2)
Containing any information the Administrator
requires the applicant to submit.
(b)
Each applicant must submit the application to the
Administrator at least 90 days before the date of
intended operation.
(a)
Each applicant for the original issue of an
operating certificate for the purpose of conducting
intrastate common carriage operations under part 121
or part 135 of this chapter must submit an
application in a form and manner prescribed by the
Administrator to the Office in whose area the
applicant proposes to establish or has established
his or her principal base of operations.
(b)
Each application submitted under paragraph (a) of
this section must contain a signed statement showing
the following:
(1)
For corporate applicants:
(i)
The name and address of each stockholder who owns 5
percent or more of the total voting stock of the
corporation, and if that stockholder is not the sole
beneficial owner of the stock, the name and address
of each beneficial owner. An individual is
considered to own the stock owned, directly or
indirectly, by or for his or her spouse, children,
grandchildren, or parents.
(ii)
The name and address of each director and each
officer and each person employed or who will be
employed in a management position described in
119.65 and 119.69, as applicable.
(iii) The name and address of each person directly
or indirectly controlling or controlled by the
applicant and each person under direct or indirect
control with the applicant.
(2)
For non-corporate applicants:
(i)
The name and address of each person having a
financial interest therein and the nature and extent
of that interest.
(ii)
The name and address of each person employed or who
will be employed in a management position described
in 119.65 and 119.69, as applicable.
(c)
In addition, each applicant for the original issue
of an operating certificate under paragraph (a) of
this section must submit with the application a
signed statement showing—
(1)
The nature and scope of its intended operation,
including the name and address of each person, if
any, with whom the applicant has a contract to
provide services as a commercial operator and the
scope, nature, date, and duration of each of those
contracts; and
(2)
For applicants intending to conduct operations under
part 121 of this chapter, the financial information
listed in paragraph (e) of this section.
(d)
Each applicant for, or holder of, a certificate
issued under paragraph (a) of this section, shall
notify the Administrator within 10 days after—
(1)
A change in any of the persons, or the names and
addresses of any of the persons, submitted to the
Administrator under paragraph (b)(1) or (b)(2) of
this section; or
(2)
For applicants intending to conduct operations under
part 121 of this chapter, a change in the financial
information submitted to the Administrator under
paragraph (e) of this section that occurs while the
application for the issue is pending before the
AFRO-CAA and that would make the applicant's
financial situation substantially less favorable
than originally reported.
(e)
Each applicant for the original issue of an
operating certificate under paragraph (a) of this
section who intends to conduct operations under part
121 of this chapter must submit the following
financial information:
(1)
A balance sheet that shows assets, liabilities, and
net worth, as of a date not more than 60 days before
the date of application.
(2)
An itemization of liabilities more than 60 days past
due on the balance sheet date, if any, showing each
creditor's name and address, a description of the
liability, and the amount and due date of the
liability.
(3)
An itemization of claims in litigation, if any,
against the applicant as of the date of application
showing each claimant's name and address and a
description and the amount of the claim.
(4)
A detailed projection of the proposed operation
covering 6 complete months after the month in which
the certificate is expected to be issued including—
(i)
Estimated amount and source of both operating and
non-operating revenue, including identification of
its existing and anticipated income producing
contracts and estimated revenue per mile or hour of
operation by aircraft type;
(ii)
Estimated amount of operating and non-operating
expenses by expense objective classification; and
(iii) Estimated net profit or loss for the period.
(5)
An estimate of the cash that will be needed for the
proposed operations during the first 6 months after
the month in which the certificate is expected to be
issued, including—
(i)
Acquisition of property and equipment (explain);
(ii)
Retirement of debt (explain);
(iii) Additional working capital (explain);
(iv)
Operating losses other than depreciation and
amortization (explain); and
(v)
Other (explain).
(6)
An estimate of the cash that will be available
during the first 6 months after the month in which
the certificate is expected to be issued, from—
(i)
Sale of property or flight equipment (explain);
(ii)
New debt (explain);
(iii) New equity (explain);
(iv)
Working capital reduction (explain);
(v)
Operations (profits) (explain);
(vi)
Depreciation and amortization (explain); and
(vii) Other (explain).
(7)
A schedule of insurance coverage in effect on the
balance sheet date showing insurance companies;
policy numbers; types, amounts, and period of
coverage; and special conditions, exclusions, and
limitations.
(8)
Any other financial information that the
Administrator requires to enable him or her to
determine that the applicant has sufficient
financial resources to conduct his or her operations
with the degree of safety required in the public
interest.
(f)
Each financial statement containing financial
information required by paragraph (e) of this
section must be based on accounts prepared and
maintained on an accrual basis in accordance with
generally accepted accounting principles applied on
a consistent basis, and must contain the name and
address of the applicant's public accounting firm,
if any. Information submitted must be signed by an
officer, owner, or partner of the applicant or
certificate holder.
The
Air Carrier Certificate or Operating Certificate
includes—
(a)
The certificate holder's name;
(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
certificate-holding district office.
(a)
An applicant may be issued an Air Carrier
Certificate or Operating Certificate if, after
investigation, the Administrator finds that the
applicant—
(1)
Meets the applicable requirements of this part;
(2)
Holds the economic authority applicable to the kinds
of operations to be conducted, issued by the
Department of Transportation, if required; and
(3)
Is properly and adequately equipped in accordance
with the requirements of this chapter and is able to
conduct a safe operation under appropriate
provisions of part 121 or part 135 of this chapter
and operations specifications 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
subchapter;
(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 control
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 contributed to the
circumstances causing revocation or causing the
revocation process;
(4)
An individual who will have control over or have a
substantial ownership 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 materially contributed to the
circumstances causing revocation or causing the
revocation 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.
(a)
The Administrator may amend any certificate issued
under this part if—
(1)
The Administrator determines, under 49 AFRO-CAA
member State 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 certificate-holding district office determines
that safety in air commerce and the public interest
allows the amendment.
(b)
When the Administrator proposes to issue an order
amending, suspending, or revoking all or part of any
certificate, the procedure in 13.19 of this chapter
applies.
(c)
When the certificate holder applies for an amendment
of its certificate, the following procedure applies:
(1)
The certificate holder must file an application to
amend its certificate with the certificate-holding
district office at least 15 days before the date
proposed by the applicant for the amendment to
become effective, unless the administrator approves
filing within a shorter period; and
(2)
The application must be submitted to the
certificate-holding district office in the form and
manner prescribed by the Administrator.
(d)
When a certificate holder seeks reconsideration of a
decision from the certificate-holding district
office concerning amendments of a certificate, 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
(2)
The certificate holder must petition for
reconsideration to the Director, Flight Standards
Service.
(a)
Each certificate holder shall maintain a complete
and separate set of its operations specifications at
its principal base of operations.
(b)
Each certificate holder shall insert pertinent
excerpts of its operations specifications, or
references thereto, in its manual and shall—
(1)
Clearly identify each such excerpt as a part of its
operations specifications; and
(2)
State that compliance with each operations
specifications requirement is mandatory.
(c)
Each certificate holder shall keep each of its
employees and other persons used in its operations
informed of the provisions of its operations
specifications that apply to that employee's or
person's duties and responsibilities.
119.45 [Reserved]
(a)
Each certificate holder must maintain a principal
base of operations. Each certificate holder may also
establish a main operations base and a main
maintenance base which may be located at either the
same location as the principal base of operations or
at separate locations.
(b)
At least 30 days before it proposes to establish or
change the location of its principal base of
operations, its main operations base, or its main
maintenance base, a certificate holder must provide
written notification to its certificate-holding
district office.
(a)
Each certificate holder conducting domestic, flag,
or commuter operations must obtain operations
specifications containing all of the following:
(1)
The specific location of the certificate holder's
principal base of operations and, if different, the
address that shall serve as the primary point of
contact for correspondence between the AFRO-CAA and
the certificate holder and the name and mailing
address of the certificate holder's agent for
service.
(2)
Other business names under which the certificate
holder may operate.
(3)
Reference to the economic authority issued by the
AFRO-CAA member State Ministry of Transportation, if
required.
(4)
Type of aircraft, registration markings, and serial
numbers of each aircraft authorized for use, each
regular and alternate airport to be used in
scheduled operations, and, except for commuter
operations, each provisional and refueling airport.
(i)
Subject to the approval of the Administrator with
regard to form and content, the certificate holder
may incorporate by reference the items listed in
paragraph (a)(4) of this section into the
certificate holder's operations specifications by
maintaining a current listing of those items and by
referring to the specific list in the applicable
paragraph of the operations specifications.
(ii)
The certificate holder may not conduct any operation
using any aircraft or airport not listed.
(5)
Kinds of operations authorized.
(6)
Authorization and limitations for routes and areas
of operations.
(7)
Airport limitations.
(8)
Time limitations, or standards for determining time
limitations, for overhauling, inspecting, and
checking airframes, engines, propellers, rotors,
appliances, and emergency equipment.
(9)
Authorization for the method of controlling weight
and balance of aircraft.
(10)
Interline equipment interchange requirements, if
relevant.
(11)
Aircraft wet lease information required by
119.53(c).
(12)
Any authorized deviation and exemption granted from
any requirement of this chapter.
(13)
An authorization permitting, or a prohibition
against, accepting, handling, and transporting
materials regulated as hazardous materials in
transport under 49 CFR parts 171 through 180.
(14)
Any other item the Administrator determines is
necessary.
(b)
Each certificate holder conducting supplemental
operations must obtain operations specifications
containing all of the following:
(1)
The specific location of the certificate holder's
principal base of operations, and, if different, the
address that shall serve as the primary point of
contact for correspondence between the AFRO-CAA and
the certificate holder and the name and mailing
address of the certificate holder's agent for
service.
(2)
Other business names under which the certificate
holder may operate.
(3)
Reference to the economic authority issued by the
AFRO-CAA member State Ministry of Transportation, if
required.
(4)
Type of aircraft, registration markings, and serial
number of each aircraft authorized for use.
(i)
Subject to the approval of the Administrator with
regard to form and content, the certificate holder
may incorporate by reference the items listed in
paragraph (b)(4) of this section into the
certificate holder's operations specifications by
maintaining a current listing of those items and by
referring to the specific list in the applicable
paragraph of the operations specifications.
(ii)
The certificate holder may not conduct any operation
using any aircraft not listed.
(5)
Kinds of operations authorized.
(6)
Authorization and limitations for routes and areas
of operations.
(7)
Special airport authorizations and limitations.
(8)
Time limitations, or standards for determining time
limitations, for overhauling, inspecting, and
checking airframes, engines, propellers, appliances,
and emergency equipment.
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