11/9/21

 

8900.1 CHG 758

VOLUME 3  GENERAL TECHNICAL ADMINISTRATION

Indicates new/changed information.

CHAPTER 34  CHANGES TO CERTIFICATES OR OPERATING AUTHORITY

Section 2  Major Changes in Operating Authority

3-3611    PURPOSE. This section contains direction and guidance for certificate managers and principal inspectors (PI) to use for processing an operator’s application for a major change in its operating authority. There are three circumstances that constitute a major change in authority.

A.    Transition to a Different Title 14 of the Code of Federal Regulations (14 CFR) Part. An operator may transition from one operating rule to another. For example, an air carrier conducting all cargo operations in a Cessna Caravan (less than 7,500 pounds payload capacity) under 14 CFR part 135 transitions its entire fleet to B727 type airplanes (greater than 7,500 pounds payload capacity). This would require the air carrier to conduct those operations under 14 CFR part 121 due to the payload capacity of the new fleet.

B.    Additional Operations Under a Different 14 CFR Part. An operator may request to conduct additional operations that another 14 CFR part governs. For example, an air carrier conducting all-cargo operations in a Cessna Caravan (less than 7,500 pounds payload capacity) under part 135 (on demand) adds a B727 type airplane (greater than 7,500 pounds payload capacity) to its fleet. This would require the operator to operate the B727 under part 121 (supplemental) due to the payload capacity of the new airplane.

C.    Additional Authority Under the Same Part.

1)    Change in Kind of Operation Under the Same Part. An operator authorized to conduct any of these types of operations may request authority under the same part to conduct operations that were not previously authorized. Examples include:

    An air carrier with supplemental authority applying for domestic or flag authority.

    An air carrier with domestic authority applying for flag authority.

    An air carrier commercial operator with on-demand authority applying for commuter authority.

2)    Request for Simultaneous Authority to Conduct Interstate Nonscheduled Operations and Intrastate Scheduled Operations.
a)    Restrictions. Some operators that hold interstate on-demand authority have requested to add authority to engage in scheduled intrastate passenger-carrying operations. These intrastate operations are not under the jurisdiction of Department of Transportation (DOT) and do not require DOT economic authority. Intrastate operators cannot participate in interline agreements with air carrier certificate holders or carry mail. In addition, it is the DOT’s position that an air carrier may not perform one kind of service under DOT authority while also performing another service outside of the DOT jurisdiction. Thus, an operator holding an air carrier certificate cannot conduct both interstate on-demand operations and intrastate scheduled passenger-carrying operations. If an operator requests certification for both interstate and intrastate scheduled operations as indicated in this subparagraph, notify the Air Carrier Fitness Division of the DOT at 202-366-9721.
b)    Options. An applicant that holds interstate on-demand authority requesting to add authority to engage in scheduled intrastate passenger-carrying operations has three options:

1.    If the applicant wants to keep its existing air carrier certificate and on demand interstate authority, then the applicant could fly less than five round trips per week on a published schedule under its existing on-demand authority. It does not need to complete any additional certification requirements, nor does it need any DOT economic authority.

2.    If the applicant wants to keep its existing air carrier certificate and on demand interstate authority, and the applicant intends to fly five or more round trips a week on a published schedule, it must complete the certification process to add commuter operating authority to its air carrier certificate and operations specifications (OpSpecs). The applicant would also have to receive a DOT fitness determination. This would allow it to conduct scheduled interstate operations in addition to scheduled intrastate operations.

3.    If the applicant wants to limit its operations to scheduled intrastate only, then it must surrender its air carrier certificate and on-demand interstate authority. The applicant must be certificated as a commercial operator. The FAA will issue an operating certificate and OpSpecs with commuter and on-demand operating authority to the applicant. The applicant can conduct only scheduled and on-demand intrastate operations under this authority. It does not need DOT economic authority.

3)    Request From an Existing Operator to Add a New Make and Model (Type) of Aircraft to its Operations. An operator who is authorized to fly certain make and model aircraft may request authority to add an additional make, model, and/or type to its fleet.

3-3612    APPLICATION AND APPROVAL PROCESS. Managers and PIs should view an operator’s application for a major change in operating authority as a partial recertification of the operator. (The full approval process is described in Volume 2, Chapter 3, Section 1 (for part 121) and Volume 2, Chapter 4 (for part 135)). The certificate project manager/office manager having responsibility for the operator will form a certification team and appoint a team leader (TL), preferably one of the PIs. The certification team should follow all the guidance contained in Volume 2, Chapters 3 and 4 (as applicable), except that the certification process should be limited to the size and scope of the requested change. The certification team should follow the applicable guidance in the Major Change Process Document (MCPD) found in Volume 10, Chapter 11 when requests for major changes to part 121 operations occur.

RESERVED. Paragraphs 3-3613 through 3-3630.