§119.39. Issuing or denying a certificate.
14 C.F.R. § 119.39
An applicant may be issued an Air Carrier Certificate or Operating Certificate if, after investigation, the Administrator finds that the applicant—
Meets the applicable requirements of this part;
Holds the economic authority applicable to the kinds of operations to be conducted, issued by the Department of Transportation, if required; and
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.
An application for a certificate may be denied if the Administrator finds that—
The applicant is not properly or adequately equipped or is not able to conduct safe operations under this subchapter;
The applicant previously held an Air Carrier Certificate or Operating Certificate which was revoked;
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who exercised control over or who held the same or a similar position with a certificate holder whose certificate was revoked, or is in the process of being revoked, and that individual materially contributed to the circumstances causing revocation or causing the revocation process;
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interest in the applicant had the same or similar control or interest in a certificate holder whose certificate was revoked, or is in the process of being revoked, and that individual materially contributed to the circumstances causing revocation or causing the revocation process;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
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.
Notes, amendments, and revision history
Authority
Authority: 49 U.S.C. 106(f), 40101, 40102, 40103, 40113, 44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936, 44938, 46103, 46105; sec. 215, Pub. L. 111-216, 124 Stat. 2348.
Source
Source: Docket 28154, 60 FR 65913, Dec. 20, 1995, unless otherwise noted.