(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Operating Certificate which was revoked;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certificate holder whose certificate was revoked, or is in the process of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interest in a certificate holder whose certificate was revoked, or is in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.