14 C.F.R. Subpart A—General
Title 14 - Aeronautics and Space
(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 U.S.-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 Federal Aviation Administration, 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 sightseeing flights conducted with aircraft having a passenger seat configuration of 30 or fewer, excluding each crewmember seat, and a 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; however, for nonstop sightseeing flights for compensation or hire conducted in the vicinity of the Grand Canyon National Park, Arizona, the requirements of SFAR 50–2 of this part or 14 CFR part 119, 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 flightcrew; (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 FAA Flight Standards District 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. [Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119–4, 66 FR 23557, May 9, 2001; Amdt. 119–5, 67 FR 9554, Mar. 1, 2002; Amdt. 119–7, 68 FR 54584, Sept. 17, 2003] 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 Flight Standards District Office that has responsibility for administering the certificate and is charged with the overall inspection of the certificate holder's operations. 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. DOD commercial air carrier evaluator means a qualified Air Mobility Command, Survey and Analysis Office (AMC/DOB) cockpit evaluator performing the duties specified in Public Law 99–661 when the evaluator is flying on an air carrier that is contracted or pursuing a contract with the U.S. Department of Defense (DOD). 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 United States or the District of Columbia; or (ii) Operations solely within the 48 contiguous States of the United States or the District of Columbia; or (iii) Operations entirely within any State, territory, or possession of the United States; or (iv) When specifically authorized by the Administrator, operations between any point within the 48 contiguous States of the United States or the District of Columbia and any specifically authorized point located outside the 48 contiguous States of the United States or the District of Columbia. 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 United States and any point outside the State of Alaska or the State of Hawaii or any territory or possession of the United States, respectively; or (ii) Between any point within the 48 contiguous States of the United States or the District of Columbia and any point outside the 48 contiguous States of the United States and the District of Columbia. (iii) Between any point outside the U.S. and another point outside the U.S. 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 FAA 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 Federal Aviation 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 Federal Aviation 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. Noncommon 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) Noncommon 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) Noncommon 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 U.S. or first foreign airworthiness certificate. [Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119–1, 61 FR 2609, Jan. 26, 1996; Amdt. 119–2, 61 FR 30433, June 14, 1996; Amdt. 119–3, 62 FR 13253, Mar. 19, 1997; Amdt. 119–6, 67 FR 72761, Dec. 6, 2002; Amdt. 119–8, 68 FR 41217, July 10, 2003] (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 U.S. 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 U.S.-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 noncommon 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 noncommon 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 noncommon carriage. (i) No person may operate as a direct air carrier without holding appropriate economic authority from the Department 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 Federal Aviation Administration 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. [Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119–3, 62 FR 13253, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997] (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. [Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119–3, 62 FR 13253, Mar. 19, 1997]
Title 14: Aeronautics and Space
PART 119—CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
Subpart A—General
§ 119.1 Applicability.
§ 119.3 Definitions.
§ 119.5 Certifications, authorizations, and prohibitions.
§ 119.7 Operations specifications.
§ 119.9 Use of business names.
