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  4. Part 119
  5. § 119.39
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14 CFR · Part 119

14 CFR § 119.39

Issuing or denying a certificate.

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Read in Subpart C
Part 119 Contents
  • Subpart A: General
  • Subpart B: Applicability of Operating Requirements to Different Kinds of Operations Under Parts 121, 125, and 135 of This Chapter
  • Subpart C: Certification, Operations Specifications, and Certain Other Requirements for Operations Conducted Under Part 121 or Part 135 of This Chapter
(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The applicant previously held an Air Carrier Certificate or Operating Certificate which was revoked;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who exercised control over or who held the same or a similar position with a certificate holder whose certificate was revoked, or is in the process of being revoked, and that individual materially contributed to the circumstances causing revocation or causing the revocation process;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interest in the applicant had the same or similar control or interest in a certificate holder whose certificate was revoked, or is in the process of being revoked, and that individual materially contributed to the circumstances causing revocation or causing the revocation process;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.

Referenced By

Interpretations of This Section (5)

  • Ross (Alaska Airlines&Virgin America), 2017
  • Heil (American Airlines), 2015
  • Brown (Southwest Airlines & AirTran Airways), 2012
  • Wooley (AtlanticSoutheast), 2011
  • Ellett (Hogan and Hartson), 2009

Documents that cite this section, found in their catalog metadata or text. Listed by date, not by significance.

Regulations Referenced

14 CFR Part 12114 CFR Part 13514 CFR 119.6514 CFR 119.69

Reflects the eCFR edition current as of September 29, 2026. Retrieved from ecfr.gov on October 16, 2026.

Primary Source

  • Official Source (14 CFR · Part 119)