14 CFR § 119.39 - Issuing or denying a certificate.
---
identifier: "/us/cfr/t14/s119.39"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "14 CFR § 119.39 - Issuing or denying a certificate."
title_number: 14
title_name: "Aeronautics and Space"
section_number: "119.39"
section_name: "Issuing or denying a certificate."
chapter_name: "FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "G"
subchapter_name: "AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS"
part_number: "119"
part_name: "CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "Docket 28154, 60 FR 65913, Dec. 20, 1995, unless otherwise noted."
cfr_part: "119"
---
# 119.39 Issuing or denying a certificate.
(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(2) The applicant previously held an Air Carrier Certificate or Operating Certificate which was revoked;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who exercised control over or who held the same or a similar position with a certificate holder whose certificate was revoked, or is in the process of being revoked, and that individual materially contributed to the circumstances causing revocation or causing the revocation process;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.