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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.
(9)
Authorization for the method of controlling weight
and balance of aircraft.
(10)
Aircraft wet lease information required by
119.53(c).
(11)
Any authorization or requirement to conduct
supplemental operations as provided by 119.21(a)(3)
(i) or (ii).
(12)
Any authorized deviation or exemption 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.
(c)
Each certificate holder conducting on-demand
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 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
Department of Transportation, if required.
(4)
Kind and area of operations authorized.
(5)
Category and class of aircraft that may be used in
those operations.
(6)
Type of aircraft, registration markings, and serial
number of each aircraft that is subject to an
airworthiness maintenance program required by
135.411(a)(2) of this chapter.
(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 (c)(6) 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.
(7)
Registration markings of each aircraft that is to be
inspected under an approved aircraft inspection
program under 135.419 of this chapter.
(8)
Time limitations or standards for determining time
limitations, for overhauls, inspections, and checks
for airframes, engines, propellers, rotors,
appliances, and emergency equipment of aircraft that
are subject to an airworthiness maintenance program
required by 135.411(a)(2) of this chapter.
(9)
Additional maintenance items required by the
Administrator under 135.421 of this chapter.
(10)
Aircraft wet lease information required by
119.53(c).
(11)
Any authorized deviation or exemption from any
requirement of this chapter.
(12)
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.
(13)
Any other item the Administrator determines is
necessary.
(a)
The Administrator may amend any operations
specifications issued under this part if—
(1)
The Administrator determines that safety in air
commerce and the public interest require the
amendment; or
(2)
The certificate holder applies for the amendment,
and the Administrator determines that safety in air
commerce and the public interest allows the
amendment.
(b)
Except as provided in paragraph (e) of this section,
when the Administrator initiates an amendment to a
certificate holder's operations specifications, the
following procedure applies:
(1)
The certificate-holding district office notifies the
certificate holder in writing of the proposed
amendment.
(2)
The certificate-holding district office sets a
reasonable period (but not less than 7 days) within
which the certificate holder may submit written
information, views, and arguments on the amendment.
(3)
After considering all material presented, the
certificate-holding district office notifies the
certificate holder of—
(i)
The adoption of the proposed amendment;
(ii)
The partial adoption of the proposed amendment; or
(iii) The withdrawal of the proposed amendment.
(4)
If the certificate-holding district office issues an
amendment to the operations specifications, it
becomes effective not less than 30 days after the
certificate holder receives notice of it unless—
(i)
The certificate-holding district office finds under
paragraph (e) of this section that there is an
emergency requiring immediate action with respect to
safety in air commerce; or
(ii)
The certificate holder petitions for reconsideration
of the amendment under paragraph (d) of this
section.
(c)
When the certificate holder applies for an amendment
to its operations specifications, the following
procedure applies:
(1)
The certificate holder must file an application to
amend its operations specifications—
(i)
At least 90 days before the date proposed by the
applicant for the amendment to become effective,
unless a shorter time is approved, in cases of
mergers; acquisitions of airline operational assets
that require an additional showing of safety (e.g.,
proving tests); changes in the kind of operation as
defined in 119.3; resumption of operations following
a suspension of operations as a result of bankruptcy
actions; or the initial introduction of aircraft not
before proven for use in air carrier or commercial
operator operations.
(ii)
At least 15 days before the date proposed by the
applicant for the amendment to become effective in
all other cases.
(2)
The application must be submitted to the
certificate-holding district office in a form and
manner prescribed by the Administrator.
(3)
After considering all material presented, the
certificate-holding district office notifies the
certificate holder of—
(i)
The adoption of the applied for amendment;
(ii)
The partial adoption of the applied for amendment;
or
(iii) The denial of the applied for amendment. The
certificate holder may petition for reconsideration
of a denial under paragraph (d) of this section.
(4)
If the certificate-holding district office approves
the amendment, following coordination with the
certificate holder regarding its implementation, the
amendment is effective on the date the Administrator
approves it.
(d)
When a certificate holder seeks reconsideration of a
decision from the certificate-holding district
office concerning the amendment of operations
specifications, the following procedure applies:
(1)
The certificate holder must petition for
reconsideration of that decision within 30 days of
the date that the certificate holder receives a
notice of denial of the amendment to its operations
specifications, or of the date it receives notice of
an AFRO-CAA-initiated amendment to its operations
specifications, whichever circumstance applies.
(2)
The certificate holder must address its petition to
the Director, Flight Standards Service.
(3)
A petition for reconsideration, if filed within the
30-day period, suspends the effectiveness of any
amendment issued by the certificate-holding district
office unless the certificate-holding district
office has found, under paragraph (e) of this
section, that an emergency exists requiring
immediate action with respect to safety in air
transportation or air commerce.
(4)
If a petition for reconsideration is not filed
within 30 days, the procedures of paragraph (c) of
this section apply.
(e)
If the certificate-holding district office finds
that an emergency exists requiring immediate action
with respect to safety in air commerce or air
transportation that makes the procedures set out in
this section impracticable or contrary to the public
interest:
(1)
The certificate-holding district office amends the
operations specifications and makes the amendment
effective on the day the certificate holder receives
notice of it.
(2)
In the notice to the certificate holder, the
certificate-holding district office articulates the
reasons for its finding that an emergency exists
requiring immediate action with respect to safety in
air transportation or air commerce or that makes it
impracticable or contrary to the public interest to
stay the effectiveness of the amendment.
(a)
Unless otherwise authorized by the Administrator,
prior to conducting operations involving a wet
lease, each certificate holder under this part
authorized to conduct common carriage operations
under this subchapter shall provide the
Administrator with a copy of the wet lease to be
executed which would lease the aircraft to any other
person engaged in common carriage operations under
this subchapter, including foreign air carriers, or
to any other foreign person engaged in common
carriage wholly outside the AFRO-CAA member States.
(b)
No certificate holder under this part may wet lease
from a foreign air carrier or any other foreign
person or any person not authorized to engage in
common carriage.
(c)
Upon receiving a copy of a wet lease, the
Administrator determines which party to the
agreement has operational control of the aircraft
and issues amendments to the operations
specifications of each party to the agreement, as
needed. The lessor must provide the following
information to be incorporated into the operations
specifications of both parties, as needed.
(1)
The names of the parties to the agreement and the
duration thereof.
(2)
The nationality and registration markings of each
aircraft involved in the agreement.
(3)
The kind of operation (e.g., domestic, flag,
supplemental, commuter, or on-demand).
(4)
The airports or areas of operation.
(5)
A statement specifying the party deemed to have
operational control and the times, airports, or
areas under which such operational control is
exercised.
(d)
In making the determination of paragraph (c) of this
section, the Administrator will consider the
following:
(1)
Crew-members and training.
(2)
Airworthiness and performance of maintenance.
(3)
Dispatch.
(4)
Servicing the aircraft.
(5)
Scheduling.
(6)
Any other factor the Administrator considers
relevant.
(e)
Other arrangements for transportation by air: Except
as provided in paragraph (f) of this section, a
certificate holder under this part operating under
part 121 or 135 of this chapter may not conduct any
operation for another certificate holder under this
part or a foreign air carrier under part 129 of this
chapter or a foreign person engaged in common
carriage wholly outside the AFRO-CAA member States
unless it holds applicable AFRO-CAA member State
Ministry of Transportation economic authority, if
required, and is authorized under its operations
specifications to conduct the same kinds of
operations (as defined in 119.3). The certificate
holder conducting the substitute operation must
conduct that operation in accordance with the same
operations authority held by the certificate holder
arranging for the substitute operation. These
substitute operations must be conducted between
airports for which the substitute certificate holder
holds authority for scheduled operations or within
areas of operations for which the substitute
certificate holder has authority for supplemental or
on-demand operations.
(f)
A certificate holder under this part may, if
authorized by the AFRO-CAA member State Ministry of
Transportation under 380.3 of this title and the
Administrator in the case of interstate commuter,
interstate domestic, and flag operations, or the
Administrator in the case of scheduled intrastate
common carriage operations, conduct one or more
flights for passengers who are stranded because of
the cancellation of their scheduled flights. These
flights must be conducted under the rules of part
121 or part 135 of this chapter applicable to
supplemental or on-demand operations.
(a)
The Administrator may authorize a certificate holder
that is authorized to conduct supplemental or
on-demand operations to deviate from the applicable
requirements of this part, part 121, or part 135 of
this chapter in order to perform operations under a
AFRO-CAA member States military contract.
(b)
A certificate holder that has a contract with an
AFRO-CAA member State Ministry of Defense's Air
Mobility Command (AMC) must submit a request for
deviation authority to AMC. AMC will review the
requests, and then forward the carriers'
consolidated requests, along with AMC's
recommendations, to the AFRO-CAA for review and
action.
(c)
The Administrator may authorize a deviation to
perform operations under a AFRO-CAA member States
military contract under the following conditions—
(1)
The AFRO-CAA member State Ministry of Defense
certifies to the Administrator that the operation is
essential to the national defense;
(2)
The AFRO-CAA member State Ministry of Defense
further certifies that the certificate holder cannot
perform the operation without deviation authority;
(3)
The certificate holder will perform the operation
under a contract or subcontract for the benefit of a
AFRO-CAA member States armed service; and
(4)
The Administrator finds that the deviation is based
on grounds other than economic advantage either to
the certificate holder or to the AFRO-CAA member
States.
(d)
In the case where the Administrator authorizes a
deviation under this section, the Administrator will
issue an appropriate amendment to the certificate
holder's operations specifications.
(e)
The Administrator may, at any time, terminate any
grant of deviation authority issued under this
section.
(a)
In emergency conditions, the Administrator may
authorize deviations if—
(1)
Those conditions necessitate the transportation of
persons or supplies for the protection of life or
property; and
(2)
The Administrator finds that a deviation is
necessary for the expeditious conduct of the
operations.
(b)
When the Administrator authorizes deviations for
operations under emergency conditions—
(1)
The Administrator will issue an appropriate
amendment to the certificate holder's operations
specifications; or
(2)
If the nature of the emergency does not permit
timely amendment of the operations specifications—
(i)
The Administrator may authorize the deviation
orally; and
(ii)
The certificate holder shall provide documentation
describing the nature of the emergency to the
certificate-holding district office within 24 hours
after completing the operation.
(a)
At any time or place, the Administrator may conduct
an inspection or test to determine whether a
certificate holder under this part is complying with
title 49 of the AFRO-CAA member States Code,
applicable regulations, the certificate, or the
certificate holder's operations specifications.
(b)
The certificate holder must—
(1)
Make available to the Administrator at the
certificate holder's principal base of operations—
(i)
The certificate holder's Air Carrier Certificate or
the certificate holder's Operating Certificate and
the certificate holder's operations specifications;
and
(ii)
A current listing that will include the location and
persons responsible for each record, document, and
report required to be kept by the certificate holder
under title 49 of the AFRO-CAA member States Code
applicable to the operation of the certificate
holder.
(2)
Allow the Administrator to make any test or
inspection to determine compliance respecting any
matter stated in paragraph (a) of this section.
(c)
Each employee of, or person used by, the certificate
holder who is responsible for maintaining the
certificate holder's records must make those records
available to the Administrator.
(d)
The Administrator may determine a certificate
holder's continued eligibility to hold its
certificate and/or operations specifications on any
grounds listed in paragraph (a) of this section, or
any other appropriate grounds.
(e)
Failure by any certificate holder to make available
to the Administrator upon request, the certificate,
operations specifications, or any required record,
document, or report is grounds for suspension of all
or any part of the certificate holder's certificate
and operations specifications.
(f)
In the case of operators conducting intrastate
common carriage operations, these inspections and
tests include inspections and tests of financial
books and records.
(a)
An Air Carrier Certificate or Operating Certificate
issued under this part is effective until—
(1)
The certificate holder surrenders it to the
Administrator; or
(2)
The Administrator suspends, revokes, or otherwise
terminates the certificate.
(b)
Operations specifications issued under this part,
part 121, or part 135 of this chapter are effective
unless—
(1)
The Administrator suspends, revokes, or otherwise
terminates the certificate;
(2)
The operations specifications are amended as
provided in 119.51;
(3)
The certificate holder does not conduct a kind of
operation for more than the time specified in 119.63
and fails to follow the procedures of 119.63 upon
resuming that kind of operation; or
(4)
The Administrator suspends or revokes the operations
specifications for a kind of operation.
(c)
Within 30 days after a certificate holder terminates
operations under part 135 of this chapter, the
operating certificate and operations specifications
must be surrendered by the certificate holder to the
certificate-holding district office.
(a)
Except as provided in paragraph (b) of this section,
no certificate holder may conduct a kind of
operation for which it holds authority in its
operations specifications unless the certificate
holder has conducted that kind of operation within
the preceding number of consecutive calendar days
specified in this paragraph:
(1)
For domestic, flag, or commuter operations—30 days.
(2)
For supplemental or on-demand operations—90 days,
except that if the certificate holder has authority
to conduct domestic, flag, or commuter operations,
and has conducted domestic, flag or commuter
operations within the previous 30 days, this
paragraph does not apply.
(b)
If a certificate holder does not conduct a kind of
operation for which it is authorized in its
operations specifications within the number of
calendar days specified in paragraph (a) of this
section, it shall not conduct such kind of operation
unless—
(1)
It advises the Administrator at least 5 consecutive
calendar days before resumption of that kind of
operation; and
(2)
It makes itself available and accessible during the
5 consecutive calendars day period in the event that
the AFRO-CAA decides to conduct a full inspection
reexamination to determine whether the certificate
holder remains properly and adequately equipped and
able to conduct a safe operation.
119.65 Management
personnel required for operations conducted under
part 121 of this chapter.
(a)
Each certificate holder must have sufficient
qualified management and technical personnel to
ensure the highest degree of safety in its
operations. The certificate holder must have
qualified personnel serving full-time in the
following or equivalent positions:
(1)
Director of Safety.
(2)
Director of Operations.
(3)
Chief Pilot.
(4)
Director of Maintenance.
(5)
Chief Inspector.
(b)
The Administrator may approve positions or numbers
of positions other than those listed in paragraph
(a) of this section for a particular operation if
the certificate holder shows that it can perform the
operation with the highest degree of safety under
the direction of fewer or different categories of
management personnel due to—
(1)
The kind of operation involved;
(2)
The number and type of airplanes used; and
(3)
The area of operations.
(c)
The title of the positions required under paragraph
(a) of this section or the title and number of
equivalent positions approved under paragraph (b) of
this section shall be set forth in the certificate
holder's operations specifications.
(d)
The individuals who serve in the positions required
or approved under paragraph (a) or (b) of this
section and anyone in a position to exercise control
over operations conducted under the operating
certificate must—
(1)
Be qualified through training, experience, and
expertise;
(2)
To the extent of their responsibilities, have a full
understanding of the following materials with
respect to the certificate holder's operation—
(i)
Aviation safety standards and safe operating
practices;
(ii)
14 CFR Chapter I (African Civil Aviation Agency
Regulations);
(iii) The certificate holder's operations
specifications;
(iv)
All appropriate maintenance and airworthiness
requirements of this chapter (e.g., parts 1, 21, 23,
25, 43, 45, 47, 65, 91, and 121 of this chapter);
and
(v)
The manual required by 121.133 of this chapter; and
(3)
Discharge their duties to meet applicable legal
requirements and to maintain safe operations.
(e)
Each certificate holder must:
(1)
State in the general policy provisions of the manual
required by 121.133 of this chapter, the duties,
responsibilities, and authority of personnel
required under paragraph (a) of this section;
(2)
List in the manual the names and business addresses
of the individuals assigned to those positions; and
(3)
Notify the certificate-holding district office
within 10 days of any change in personnel or any
vacancy in any position listed.
(a)
To serve as Director of Operations under 119.65(a) a
person must—
(1)
Hold an airline transport pilot certificate;
(2)
Have at least 3 years supervisory or managerial
experience within the last 6 years in a position
that exercised operational control over any
operations conducted with large airplanes under part
121 or part 135 of this chapter, or if the
certificate holder uses only small airplanes in its
operations, the experience may be obtained in large
or small airplanes; and
(3)
In the case of a person becoming a Director of
Operations—
(i)
For the first time ever, have at least 3 years
experience, within the past 6 years, as pilot in
command of a large airplane operated under part 121
or part 135 of this chapter, if the certificate
holder operates large airplanes. If the certificate
holder uses only small airplanes in its operation,
the experience may be obtained in either large or
small airplanes.
(ii)
In the case of a person with previous experience as
a Director of Operations, have at least 3 years
experience as pilot in command of a large airplane
operated under part 121 or part 135 of this chapter,
if the certificate holder operates large airplanes.
If the certificate holder uses only small airplanes
in its operation, the experience may be obtained in
either large or small airplanes.
(b)
To serve as Chief Pilot under 119.65(a) a person
must hold an airline transport pilot certificate
with appropriate ratings for at least one of the
airplanes used in the certificate holder's operation
and:
(1)
In the case of a person becoming a Chief Pilot for
the first time ever, have at least 3 years
experience, within the past 6 years, as pilot in
command of a large airplane operated under part 121
or part 135 of this chapter, if the certificate
holder operates large airplanes. If the certificate
holder uses only small airplanes in its operation,
the experience may be obtained in either large or
small airplanes.
(2)
In the case of a person with previous experience as
a Chief Pilot, have at least 3 years experience, as
pilot in command of a large airplane operated under
part 121 or part 135 of this chapter, if the
certificate holder operates large airplanes. If the
certificate holder uses only small airplanes in its
operation, the experience may be obtained in either
large or small airplanes.
(c)
To serve as Director of Maintenance under 119.65(a)
a person must—
(1)
Hold a mechanic certificate with airframe and power
plant ratings;
(2)
Have 1 year of experience in a position responsible
for returning airplanes to service;
(3)
Have at least 1 year of experience in a supervisory
capacity under either paragraph (c)(4)(i) or
(c)(4)(ii) of this section maintaining the same
category and class of airplane as the certificate
holder uses; and
(4)
Have 3 years experience within the past 6 years in
one or a combination of the following—
(i)
Maintaining large airplanes with 10 or more
passenger seats, including at the time of
appointment as Director of Maintenance, experience
in maintaining the same category and class of
airplane as the certificate holder uses; or
(ii)
Repairing airplanes in a certificated airframe
repair station that is rated to maintain airplanes
in the same category and class of airplane as the
certificate holder uses.
(d)
To serve as Chief Inspector under 119.65(a) a person
must—
(1)
Hold a mechanic certificate with both airframe and
power plant ratings, and have held these ratings for
at least 3 years;
(2)
Have at least 3 years of maintenance experience on
different types of large airplanes with 10 or more
passenger seats with an air carrier or certificated
repair station, 1 year of which must have been as
maintenance inspector; and
(3)
Have at least 1 year of experience in a supervisory
capacity maintaining the same category and class of
aircraft as the certificate holder uses.
(e)
A certificate holder may request a deviation to
employ a person who does not meet the appropriate
airman experience, managerial experience, or
supervisory experience requirements of this section
if the Manager of the Air Transportation Division,
AFS–200, or the Manager of the Aircraft Maintenance
Division, AFS–300, as appropriate, finds that the
person has comparable experience, and can
effectively perform the functions associated with
the position in accordance with the requirements of
this chapter and the procedures outlined in the
certificate holder's manual. Grants of deviation
under this paragraph may be granted after
consideration of the size and scope of the operation
and the qualifications of the intended personnel.
The Administrator may, at any time, terminate any
grant of deviation authority issued under this
paragraph.
(a)
Each certificate holder must have sufficient
qualified management and technical personnel to
ensure the safety of its operations. Except for a
certificate holder using only one pilot in its
operations, the certificate holder must have
qualified personnel serving in the following or
equivalent positions:
(1)
Director of Operations.
(2)
Chief Pilot.
(3)
Director of Maintenance.
(b)
The Administrator may approve positions or numbers
of positions other than those listed in paragraph
(a) of this section for a particular operation if
the certificate holder shows that it can perform the
operation with the highest degree of safety under
the direction of fewer or different categories of
management personnel due to—
(1)
The kind of operation involved;
(2)
The number and type of aircraft used; and
(3)
The area of operations.
(c)
The title of the positions required under paragraph
(a) of this section or the title and number of
equivalent positions approved under paragraph (b) of
this section shall be set forth in the certificate
holder's operations specifications.
(d)
The individuals who serve in the positions required
or approved under paragraph (a) or (b) of this
section and anyone in a position to exercise control
over operations conducted under the operating
certificate must—
(1)
Be qualified through training, experience, and
expertise;
(2)
To the extent of their responsibilities, have a full
understanding of the following material with respect
to the certificate holder's operation—
(i)
Aviation safety standards and safe operating
practices;
(ii)
14 CFR Chapter I (African Civil Aviation Agency
Regulations);
(iii) The certificate holder's operations
specifications;
(iv)
All appropriate maintenance and airworthiness
requirements of this chapter (e.g., parts 1, 21, 23,
25, 43, 45, 47, 65, 91, and 135 of this chapter);
and
(v)
The manual required by 135.21 of this chapter; and
(3)
Discharge their duties to meet applicable legal
requirements and to maintain safe operations.
(e)
Each certificate holder must—
(1)
State in the general policy provisions of the manual
required by 135.21 of this chapter, the duties,
responsibilities, and authority of personnel
required or approved under paragraph (a) or (b),
respectively, of this section;
(2)
List in the manual the names and business addresses
of the individuals assigned to those positions; and
(3)
Notify the certificate-holding district office
within 10 days of any change in personnel or any
vacancy in any position listed.
(a)
To serve as Director of Operations under 119.69(a)
for a certificate holder conducting any operations
for which the pilot in command is required to hold
an airline transport pilot certificate a person must
hold an airline transport pilot certificate and
either:
(1)
Have at least 3 years supervisory or managerial
experience within the last 6 years in a position
that exercised operational control over any
operations conducted under part 121 or part 135 of
this chapter; or
(2)
In the case of a person becoming Director of
Operations—
(i)
For the first time ever, have at least 3 years
experience, within the past 6 years, as pilot in
command of an aircraft operated under part 121 or
part 135 of this chapter.
(ii)
In the case of a person with previous experience as
a Director of Operations, have at least 3 years
experience, as pilot in command of an aircraft
operated under part 121 or part 135 of this chapter.
(b)
To serve as Director of Operations under 119.69(a)
for a certificate holder that only conducts
operations for which the pilot in command is
required to hold a commercial pilot certificate, a
person must hold at least a commercial pilot
certificate. If an instrument rating is required for
any pilot in command for that certificate holder,
the Director of Operations must also hold an
instrument rating. In addition, the Director of
Operations must either—
(1)
Have at least 3 years supervisory or managerial
experience within the last 6 years in a position
that exercised operational control over any
operations conducted under part 121 or part 135 of
this chapter; or
(2)
In the case of a person becoming Director of
Operations—
(i)
For the first time ever, have at least 3 years
experience, within the past 6 years, as pilot in
command of an aircraft operated under part 121 or
part 135 of this chapter.
(ii)
In the case of a person with previous experience as
a Director of Operations, have at least 3 years
experience as pilot in command of an aircraft
operated under part 121 or part 135 of this chapter.
(c)
To serve as Chief Pilot under 119.69(a) for a
certificate holder conducting any operation for
which the pilot in command is required to hold an
airline transport pilot certificate a person must
hold an airline transport pilot certificate with
appropriate ratings and be qualified to serve as
pilot in command in at least one aircraft used in
the certificate holder's operation and:
(1)
In the case of a person becoming a Chief Pilot for
the first time ever, have at least 3 years
experience, within the past 6 years, as pilot in
command of an aircraft operated under part 121 or
part 135 of this chapter.
(2)
In the case of a person with previous experience as
a Chief Pilot, have at least 3 years experience as
pilot in command of an aircraft operated under part
121 or part 135 of this chapter.
(d)
To serve as Chief Pilot under 119.69(a) for a
certificate holder that only conducts operations for
which the pilot in command is required to hold a
commercial pilot certificate, a person must hold at
least a commercial pilot certificate. If an
instrument rating is required for any pilot in
command for that certificate holder, the Chief Pilot
must also hold an instrument rating. The Chief Pilot
must be qualified to serve as pilot in command in at
least one aircraft used in the certificate holder's
operation. In addition, the Chief Pilot must:
(1)
In the case of a person becoming a Chief Pilot for
the first time ever, have at least 3 years
experience, within the past 6 years, as pilot in
command of an aircraft operated under part 121 or
part 135 of this chapter.
(2)
In the case of a person with previous experience as
a Chief Pilot, have at least 3 years experience as
pilot in command of an aircraft operated under part
121 or part 135 of this chapter.
(e)
To serve as Director of Maintenance under 119.69(a)
a person must hold a mechanic certificate with
airframe and power plant ratings and either:
(1)
Have 3 years of experience within the past 6 years
maintaining aircraft as a certificated mechanic,
including, at the time of appointment as Director of
Maintenance, experience in maintaining the same
category and class of aircraft as the certificate
holder uses; or
(2)
Have 3 years of experience within the past 6 years
repairing aircraft in a certificated airframe repair
station, including 1 year in the capacity of
approving aircraft for return to service.
(f)
A certificate holder may request a deviation to
employ a person who does not meet the appropriate
airmen experience requirements, managerial
experience requirements, or supervisory experience
requirements of this section if the Manager of the
Air Transportation Division, AFS–200, or the Manager
of the Aircraft Maintenance Division, AFS–300, as
appropriate, find that the person has comparable
experience, and can effectively perform the
functions associated with the position in accordance
with the requirements of this chapter and the
procedures outlined in the certificate holder's
manual. The Administrator may, at any time,
terminate any grant of deviation authority issued
under this paragraph.
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