6-2 that can be installed on the aircraft, maximum payload limits, and whether turbojet aircraft can be used in that kind of operation.
6.2.1 On-D emand. Common carriage on-demand operations can be conducted in airplanes or powered-lift that have a passenger seating configuration of 30 seats or less and a maximum payload capacity of 7,500 pounds, or in any rotorcraft.
6.2.1.1 L imited Scheduled Operations. On-demand CHs can also conduct limited scheduled operations with the following additional restrictions:
1. Fewer than five round trips per week on at least one route between two or more points according to published flight schedules;
2. No turbojet aircraft can be used; and
3. Airplanes or powered-lift are limited to a maximum passenger seating configuration of nine seats or less.
6.2.1.2 Noncommon On-Demand Operations. Noncommon on-demand operations can be conducted with airplanes or powered-lift having a passenger seat configuration of fewer than 20 seats, excluding each crewmember seat, and a payload capacity of less than 6,000 pounds.
6.2.2 C ommuter . Commuter operations may be conducted in airplanes or powered-lift that have a maximum passenger seating configuration of nine seats and a maximum payload capacity of 7,500 pounds or in any rotorcraft. Commuter operations cannot be conducted in any turbojet aircraft. A CH with commuter authority can also conduct on-demand operations.
6.3 C lassifications of Part 135 Certificates. A part 135 CH has further options depending on the scope of the operations that they wish to conduct. The FAA authorizes the scope of operations through the issuance of operations specifications (OpSpecs). The following classifications of operations are available:
1. Single-pilot;
2. Single pilot in command (PIC);
3. Basic part 135; and
4. Standard part 135.
6.3.1 P art 135 Single- Pilot. A single-pilot operator is a CH that is limited to using only one pilot for all part 135 operations. That specific pilot is listed by name and certificate number on the FAA-issued OpSpecs. In general, the regulations do not require a single-pilot operator to develop and maintain manuals or training programs, or designate a Director of Operations (DO), Chief Pilot, or a Director of Maintenance (DOM).
However, they are required, in accordance with part 135, § 135.77, to designate the management officials responsible for operational control and to provide a hazardous materials (hazmat) training program.
6-3 Note: Under International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPs), international flight operations (including overflight of international waters) require management, manuals, and a training program, regardless of scope of operation. As of the release date of this document, the FAA has not filed differences with ICAO on this SARP. Unless differences are filed with ICAO and accepted by the country in which a CH wishes to conduct operations, single-pilot operators will be required to have management, manuals, and a training program in order to conduct international operations.
6.3.2 Part 135 Single PIC. A single PIC operator is a CH that is limited to using only one PIC and up to three second-in-command (SIC) pilots for all part 135 operations. The PIC and the SIC(s) are listed by name and certificate number on the FAA-issued OpSpecs. The CH is authorized to use those pilots only in the specific duty positions listed in the FAA-issued OpSpecs. Single PIC CHs have limitations on the size of aircraft and the scope of operations that are allowed, which include:
1. Aircraft are limited to those type certificated with nine passenger seats or less;
2. Op erations are limited to the United States, Canada, Mexico, and the Caribbean; and
3. No Category (CAT) II or CAT III instrument approach operations are allowed.
Note 1: Although required by regulation, deviations may be granted for a required manual (§ 135.21), training programs (§ 135.341), and certain management positions (14 CFR part 119, § 119.69). For any deviations to be granted, the applicant or CH must show it can perform the operation with the highest degree of safety to receive deviations from these requirements.
Note 2: Under ICAO SARP, international flight operations (including overflight of int ernational waters) require management, manuals, and a training program, regardless of scope of operation. As of the release date of this document, the FAA has not filed differences with ICAO on this SARP. Unless differences are filed with ICAO and accepted by the country that a CH wishes to conduct operations, single PIC operators will be required to have management, manuals, and a training program if they conduct international operations.
6.3.3 Basic Part 135. A bas ic part 135 operator is a CH whose operation is limited in the size and scope of their operations. They have the following limitations:
1. Maximum of five pilots, including SICs;
2. Ma ximum of five aircraft can be used in operations;
3. Maximum of three different types of aircraft used;
4. Aircraft are limited to those type certificated with nine passenger seats or less;
5. Operations are limited to the United States, Canada, Mexico, and the Caribbean; and
6. No CAT II or CAT III instrument approach operations are allowed.
6-4 Note: Basic part 135 operators are required to develop and maintain manuals (§ 135.21), training programs (§ 135.341), and have the required management positions (§ 119.69). However, due to the limited size and scope of these CHs, specific limited deviations to those requirements may be authorized by the FAA.
For any deviations to be granted, the applicant or CH must show it can perform the operation with the highest degree of safety to allow deviations from these requirements.
6.3.4 S tandard Part 135. A standard part 135 operator is a CH that does not have pre-set limits on the available size or scope of their operations. The applicant, per § 119.51(c), must apply, qualify, and be granted FAA authorization through OpSpecs for each type of operation they wish to conduct. Standard part 135 operators are required to develop and maintain manuals, training programs, and have the required part 119 management positions.
6.3.5 Changes in Classification or Scope of Operations. As a CH’s business evolves, they may decide to change the classification or scope of their operation. Should the operator decide to request authority for a change in the classification or scope of their operations, an abbreviated certification process may be required, in accordance with § 119.41. Some examples of changes in scope that may require an abbreviated certification process include:
1. A ddition of a new category or class of aircraft;
2. Requesting additional areas of operations;
3. Adding operating authorities, such as air ambulance, helicopter air ambulance (HAA), scheduled passenger operations, etc.; or
4. Changing from one classification of certificate to another.
Note: The CH should contact the responsible Flight Standards office for a determination of any additional certification requirements whenever they wish to initiate a change in the classification or scope of their operations.
7-1 CHAPTER 7. PART 135 CERTIFICATION REQUIREMENTS
7.1 General. This chapter contains information on 14 CFR part 135 certification requirements. Some items may not be required depending on the classification of the part 135 certificate the applicant is seeking.
7.2 C ompany Ownership. In accordance with 14 CFR part 119, § 119.33, an applicant for any certificate issued under part 119 must be a citizen of the United States. If the proposed certificate holder (CH) will be owned by a partnership, each member of the partnership must be a U.S. citizen. If owned by a corporation or association created or organized under the laws of the United States or of any state, territory, or possession of the United States, the president and two-thirds or more of the board of directors and other managing officers must be citizens of the United States, and at least 75 percent of the voting interest must be owned or controlled by persons who are citizens of the United States or one of its possessions (refer to 14 CFR part 298, § 298.2).
7.3 Principal Base of Operation. The applicant must maintain a principal base of operation at the time of application, in accordance with § 119.47. This can be demonstrated via either documentation of ownership, lease agreement, or a letter of intent that it has established a physical location for the principal base of operation.
7.4 A ircraft. Per part 135, § 135.25(b), an applicant/CH must have the exclusive use of at least one aircraft that meets the requirements for at least one kind of operation. The applicant must either own or have a lease agreement for a period of 6 continuous months from the time of certification to satisfy the exclusive use requirement. The applicant may begin the certification process with a letter of intent showing that an aircraft will be purchased or leased, but in no circumstance will the certification process be completed until a suitable aircraft has been provided.
Note: O nce the scope of operation is determined, a written statement showing that the aircraft and its equipment conform to the requirements of part 135 subpart C must be provided. It should also include proof that the aircraft has the proper registration, airworthiness certification, identification, and is in an airworthy condition. The CH must also show that the aircraft meets the requirements for their proposed operations.
7.4.1 Aircraft Maintenance Requirements for Part 135 Operations. Certification of a part 135 operation requires applicants show and the Administrator find that the applicant can meet their responsibility to ensure the aircraft are airworthy at all times during operational use.
The part 135 CH’s operation and the aircraft’s passenger seating capacity will determine the maintenance, preventative maintenance, and alteration program needed by the CH.
7.4.1.1 A ircraft Type Certificated With Nine Passenger Seats or Less. Applicants utilizing these aircraft may use the aircraft inspections required or allowed under 14 CFR part 91, in accordance with § 135.411(a)(1). Whenever the Administrator finds part 91 aircraft inspections are not adequate, or upon application by a CH, an Approved Aircraft Inspection Program (AAIP) is
7-2 authorized with Operations Specification (OpSpec) D073, Approved Aircraft Inspection Program (AAIP). An applicant who is not otherwise required may elect to maintain its aircraft under a Continuous Airworthiness Maintenance Program (CAMP). Additional information regarding these programs is found in the current editions of AC 120-16, Air Carrier Maintenance Programs, and AC 120-79, Developing and Implementing an Air Carrier Continuing Analysis and Surveillance System. When a CAMP is found to meet the full part 135 requirements, its use is authorized with OpSpec D072, Aircraft Maintenance—Continuous Airworthiness Maintenance Program (CAMP) Authorization.
7.4.1.2 Aircra ft Type Certificated With 10 Passenger Seats or More. Applicants utilizing these aircraft must maintain them under a CAMP, in accordance with § 135.411(a)(2), which is authorized with OpSpec D072. Additional information can be found in AC 120-16 and AC 120-79.
7.5 Insurance. Specific requirements exist for the amount of insurance coverage a part 135 CH must carry. Prior to being authorized to commence part 135 operations, the applicant must have the required insurance coverage and file the required forms with the FAA’s Air Transportation Division, Integration and Implementation Branch, Technical Programs Section, 800 Independence Avenue SW, Washington, DC 20591, in accordance with 14 CFR part 205. The forms that are required are determined by the kind of operating authority as listed below:
1. Commuter: Office of the Secretary of Transportation (OST) Form 6410, U.S. Air Carriers—Certificate of Insurance.
2. On-Demand: OST Form 4507, Air Taxi Operator Registration and Amendments Under Part 298 of the Regulations of the Department of Transportation, and OST Form 6410.
Note: Copies of these forms and additional information on insurance re quirements can be found at the Technical Programs Section website (see Appendix A).
7.6 Economic Authority. Applicants who are applying to conduct interstate commuter operations are required to obtain economic authority, in accordance with § 119.39, from the U.S. Department of Transportation (DOT). The DOT issues the economic authority under part 298 when it determines that an applicant is “fit, willing, and able” to conduct operations (refer to § 298.32). Because this is a requirement to complete certification, an applicant should apply for the economic authority determination as early as possible to avoid the possibility of delays. More information and forms are located at the DOT Aviation Policy website (see Appendix A).
7.7 Management Personnel. T o become certificated as a part 135 CH, an applicant must designate (by name) any individuals required by part 119 who will serve as the Director of Operations (DO), Chief Pilot, and Director of Maintenance (DOM), in accordance
7-3 with § 119.65. For the specific experience requirements required to serve in these positions, refer to § 119.71.
Note: If applying for certification as either a “Basic” or “Single PIC” CH, an applicant may request a deviation for certain management positions.
7.8 Manuals. At the time of formal application, all required company manuals and training programs must be submitted to the FAA for review and approval or acceptance, in accordance with § 119.35.
7.8.1 G eneral Operations Manual (GOM). The CH ’s GOM must contain the CH’s operations policies and procedures. Crewmembers are required to comply with the operations policies, methods, and procedures contained in that manual. Section 135.23 lists items that are required to be included in the GOM.
Note: CHs that operate aircraft with nine or less passenger seats generally include their maintenance procedures in the GOM.
7.8.2 G eneral Maintenance Manual (GMM). A separate GMM is required for CH s that operate aircraft type certificated with 10 or more passenger seats. The GMM, per §§ 135.425 and 135.427, must include the following three sections:
1. Administrative policies and procedures;
2. Detailed instructions for the administration, management, and accomplishment of the elements of the CH’s maintenance program; and
3. Technical data that describes maintenance standards, methods, techniques, and procedures.
Note: For additional guidance relating to maintenance manual requirements, refer to §§ 135.21 and 135.427, as applicable.
7.8.3 Aircraft Flight Manual. Section 135.81(c) r equires that CH s maintain a current flight manual (or the equivalent information for aircraft that were certificated without a flight manual) for each aircraft used in their air transportation operations. To satisfy those requirements, CHs may use the approved aircraft’s flight manual as applicable. CHs may also develop a Company Flight Manual (CFM), which must be reviewed and approved by the FAA, per § 135.81(c).
7.9 H azardous Materials ( Hazmat) Manual: Will-Carry or Will-Not-Carry Program.
All CHs are required to submit for FAA acceptance and approval a hazmat operations manual and training program, even if they do not intend to carry hazmat. The definition of “hazmat employer” and “hazmat employee” can be found in Title 49 of the Code of Federal Regulations (49 CFR) part 171, § 171.8, and the training requirements are found in 49 CFR part 172 subpart H. For additional information on hazmat requirements, refer to 14 CFR part 135 subpart K.
7-4
7.10 Training Programs. In accordance with § 135.341, an applicant who uses more than one pilot in their operation, or an applicant that only uses one pilot and operates internationally or in international waters (see paragraph 6.3.1), is required to submit a training program for their pilot crewmembers and, if applicable, flight attendants (F/A).
The training curriculum (completed to the extent possible) must be included with the formal application letter. Training curricula must include at least the following curriculum segments, as applicable, for each crewmember position:
• B asic indoctrination training.
• Emergency training.
• Crew Resource Management (CRM) training.
• Initial ground and flight training.
• Upgrade ground and flight training.
• Recurrent ground and flight training.
• Requalification training.
• Differences ground and flight training.
• Transition ground and flight training.
• Hazmat training.
Note: For additional information on training curriculum requirements, refer to part 135 subpart H.
7.11 Drug and Alcohol Program Requirements. The DOT rule 49 CFR part 40 describes required procedures for conducting workplace drug and alcohol testing for the federally regulated transportation industry. All air carriers and operators requiring certification by part 119 and authorized to conduct part 135 operations must have a drug and alcohol program. This program is administered by the Office of Aerospace Medicine (AAM), Drug Abatement Division. Refer to 14 CFR part 120 for additional information.
7.12 Transportation Security Administration (TSA) Security Program Requirements for Part 135 CHs. Applicants who intend on conducting operations under part 135 may be required to adopt and implement a TSA-approved security program. The size and scope of the security program required will be based on several factors including, but not limited to, the kind of operations conducted, maximum certificated takeoff weight of the aircraft, aircraft seating capacity, and whether or not they will enplane or deplane passengers within a sterile area of an airport. For specific security program applicability and requirements, refer to 49 CFR part 1544, § 1544.101(a) through (i). For additional information regarding TSA security program requirements and to find out how to apply for approval of your program, contact the TSA at Charters-AirCargo-S@tsa.dhs.gov.
7.13 M inimum Equipment List (MEL). In the absence of an approved MEL and an appropriate OpSpec authorization, any aircraft listed on a part 135 OpSpec that has inoperative instruments or equipment may not be operated. Although not an absolute
7-5 requirement, it is highly recommended that all CHs submit an MEL for each type of aircraft they will be operating.
7.14 Proving and Validation Testing. Section 135.145 states that no CH may operate a turbojet aircraft, or an aircraft for which two pilots are required for operations under visual flight rules (VFR), if it has not previously proved such an aircraft in part 135 operations in at least 25 hours of proving tests acceptable to the Administrator. Title 14 CFR part 194, § 194.306(f) requires a CH that has not previously proven a powered-lift in operations under part 135 be required to conduct at least 25 hours of proving tests acceptable to the Administrator.
7.14.1 Proving Tests. Aircraft proving tests are essentially full-scale simulations of revenue operations to demonstrate the ability to operate independently, safely, and in compliance with the applicable 14 CFR parts. Proving tests are comprehensive and focus on multiple areas. Examples of these areas include, but are not limited to, the following:
1. C abin safety,
2. Operational control,
3. Abnormal procedures,
4. MEL management,
5. Ability to operate the aircraft in the National Airspace System (NAS), and
6. Ability to safely operate the aircraft into en route airports that are in the applicant’s proposed areas of operations.
Note: Although pilot flight training may be conducted during part of the proving tests, no passengers may be carried except those needed to make the tests and those designated by the Administrator to observe the tests.
7.14.2 V alidation Testing. Validation testing is required to determine that a CH can conduct operations safely and in compliance with applicable regulatory standards. Validation tests are required for the following authorizations:
1. T he addition of an aircraft for which two pilots are required for operations under VFR, a turbojet airplane, or a powered-lift, if that aircraft or an aircraft of the same make or similar design has not been previously proved or validated in operations under this part (e.g., adding an aircraft requiring a new type rating or training program).
2. Operations outside U.S. airspace (including flight from the 48 contiguous states to Hawaii or Alaska, areas of magnetic unreliability (AMU), Extended Operations (ETOPS), and North Polar).
3. Class II navigation authorizations (e.g., long-range navigation system (LRNS)).
4. Special performance or operational authorizations (e.g., Category (CAT) II, CAT III, enhanced flight vision system (EFVS), Head-Up Display (HUD), and Required Navigation Performance (RNP)).
7-6 Note: Actual flights may not be required on some validations when an applicant can demonstrate competence and compliance with appropriate regulations without conducting a flight. The applicant or CH should contact the responsible Flight Standards office for a determination of the content of validation testing. The FAA may authorize proving tests and validation testing to be conducted simultaneously when appropriate.
7.15 Pilot Records Database (PRD). The PRD is used to facilitate the sharing of pilot records among air carriers and operators in a clearinghouse managed by the FAA. Operators or reviewing entities specified by 14 CFR part 111 can register to access the PRD and evaluate the available records for each individual pilot candidate, with the pilot’s consent, prior to making a hiring decision. Pilots employed by or seeking employment with an operator listed in part 111, § 111.1 may register for access to the PRD to access their own records. As of December 7, 2021, operators or reviewing entities required to review records in accordance with part 111 must use the PRD to obtain a pilot’s records. For more information on PRD, refer to the current edition of AC 120-68, Pilot Records Database and Pilot Records Improvement Act, and any additional information on the FAA PRD web page (see Appendix A, Reference Information and Examples).
7.16 Compliance Statement. An applicant is required to prepare and submit a compliance statement to the FAA for review. The purpose of the compliance statement is to ensure that the applicant adequately addresses applicable regulations during the certification process. The compliance statement must be in the form of a listing of all 14 CFR parts 5, 91, 119, and 135 regulations by part, section, paragraph, subparagraph, etc., that are applicable to the applicant’s proposed operation. Next to each regulation, the applicant should provide a specific reference to a manual or other document and may provide a brief narrative description that describes how the applicant will comply with each regulation. Applicants not required to prepare a manual and who do not have that information contained in another document are required to include a narrative in the compliance statement that describes how they will comply with each regulation.
Note 1: The compliance statement also serves as a master index to the a pplicant’s manual system to expedite the FAA’s review and approval of the operation and manual system. During the certification process, the compliance statement is considered a living document, and as changes are made to the applicant’s system, the compliance statement should be revised to reflect those changes. A copy of the final compliance statement is one of the documents that are required to be included in the certification report, which is maintained in the CH’s permanent file at the responsible Flight Standards office.
Note 2: See Appendix A for examples of the format of a compliance statement.
8-1 CHAPTER 8. PART 135 CERTIFICATION PROCESS
8.1 General. This chapter provides information on the phases of the certification process for 14 CFR part 135 applicants. The FAA utilizes a phase and gate system for certification projects. There are five phases and three gates in the certification process. All items of a particular phase(s) must be completed prior to proceeding past a gate.
8.2 P hase 1: Preapplication. This phase starts when a prospective applicant first enquires about or requests an application for an Air Carrier or Operating Certificate. This phase can be initiated by individuals or organizations and may be in writing, or during an informal meeting with responsible Flight Standards office personnel. In the preapplication phase, the following actions will occur:
8.2.1 Applicants should sign up for access to the FAA’s Safety Assurance System (SAS) External Portal at https://sas.faa.gov.
Note: The SAS External Portal is a free, secure, web-based application that allows for more direct, streamlined, and timely communication between certificate holders (CH) and applicants and the FAA. Some of the SAS External Portal benefits include the ability for CHs and applicants to review and submit information electronically, and to see where documents are in the FAA review process. Appendix A, Reference Information and Examples, contains more information on signing up for access and using the SAS External Portal.
8.2.2 T he applicant will then submit an FAA Form 8400-6, Preapplication Statement of Intent, to the responsible Flight Standards office. Applicants who have access to the SAS External Portal may submit the Preapplication Statement of Intent (PASI) to the responsible Flight Standards office via the SAS External Portal.
8.2.3 W hen the PASI is accepted by the FAA, the office manager will initiate the Certification Services Oversight Process (CSOP).
Note: CSOP is a process that the FAA uses to determine if it has the necessary resources to conduct an initial certification and the continued operational safety oversight for a certificate applicant. CSOP determines if the certification process will be assigned to begin, or if the applicant will be placed onto a wait list.
8.2.4 The applicant and their key management personnel will attend a preapplication meeting with the Certification Project Team (CPT) that was assigned to the certification project.
Note: The completion of the preapplication phase also completes Gate 1 of the certification process.
8.3 Phase 2: Formal Application. The formal application phase begins when the FAA certification team receives the formal application and all the required documents. Title 14 CFR part 119, § 119.35 states a person applying for an Air Carrier or Operating Certificate under part 119 must submit an application in the form and manner prescribed
8-2 by the Administrator and contain any information the Administrator requires the applicant to submit. Items that must be submitted include:
1. Formal application letter;
2. Schedule of Events (SOE);
3. Compliance statement;
4. Company manuals (i.e., General Operations Manual (GOM) and General Maintenance Manual (GMM)) (if required by the classification and/or scope of operation);
5. Training curricula (if required by the classification and/or scope of operation);
6. Management qualification attachments (e.g., résumés);
7. Documents of purchase, contracts, and/or lease attachments;
8. SAS Element Design Data Collection Tools (ED DCT) (scoped to the applicant’s proposed operation) (if applicable); and
9. Flight attendant (F/A) materials (if applicable).
Note: The formal application phase is concluded with the formal application meeting. This meeting gives the FAA and the applicant an opportunity to address any questions and resolve minor issues encountered in the certification process to this point. The completion of the formal application phase also completes Gate 2 of the certification process.
8.4 Phase 3: Design Assessment (DA). The DA phase is that part of the certification process when the applicant’s manuals and other documents are reviewed in depth to ensure compliance with applicable regulations and conformity to safe operating practices.
8.5 Phase 4: Performance Assessment (PA). In this phase, the certification team determines that the applicant’s proposed procedures and programs for training and directing personnel in the performance of their duties are effective by validating through observation and testing. The certification team will observe any required training, flight checks, and proving and validation tests. In this phase, the emphasis is on compliance with regulations and the operating procedures contained in the applicant’s manuals, as applicable. The completion of the PA phase also completes Gate 3 of the certification process.
8.6 Phase 5: Administrative Functions. In this phase, the FAA will issue the certificate and the operations specifications (OpSpecs) to the applicant. This action completes the certification process. The FAA will not, under any circumstances, certificate an applicant until the certification project manager (CPM) determines that the applicant is fully capable of fulfilling their responsibilities as charged by Title 49 of the United States Code (49 U.S.C.) and that the applicant will comply with 14 CFR.
Figure 8-1. Part 135 Certification Process Flowchart Preapplication Phase 1 Applicant:
• Submits the reapplication Statement of Intent (PASI) (FAA Form 8400-6).
Has key management and personnel available.
Makes application for Economic Authority (if required).
• Attends the preapplication meeting.
Gate 1 FAA:
Assigns a Certification Project Manager (CPM).
Assigns members to the Certification Project Team (CPT).
Conducts the reapplication meeting with the applicant and key management personnel.
Formal Application Phase 2 Applicant must submit the following:
• Formal application letter.
Initial compliance statement.
Schedule of Events (SOE).
Gate 2 Company manuals and training programs (as required).
Management qualification attachments (e.g., résumés).
Element Design Data Collection Tools (ED DCT) (if applicable).
Documentation for purchases, leases, and contracts.
Flight attendant (F/A) materials (if applicable).
Design Assessment Phase 3 Performance Applicant and FAA required actions:
Assessment Phase 4 • All manuals and other required documentation has been reviewed, accepted, or approved, as required.
• Training programs have been approved (as required).
Maintenance programs approved and aircraft conformity checks are completed.
Facilities evaluated and found satisfactory.
Crewmember and personnel training and testing has been completed.
Gate 3 Environmental Assessments (EA) are completed and accepted (as required).
Applicable economic authority has been complied with.
Proving and validation testing has been completed.
Final compliance statement is completed and accepted.
Administrative Functions Phase 5 8-3