For the purpose of this subchapter, 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.
Commercial air tour means a flight conducted for compensation or hire in an airplane or helicopter where a purpose of the flight is sightseeing. The FAA may consider the following factors in determining whether a flight is a commercial air tour:
(1) Whether there was a holding out to the public of willingness to conduct a sightseeing flight for compensation or hire;
(2) Whether the person offering the flight provided a narrative that referred to areas or points of interest on the surface below the route of the flight;
(3) The area of operation;
(4) How often the person offering the flight conducts such flights;
(5) The route of flight;
(6) The inclusion of sightseeing flights as part of any travel arrangement package;
(7) Whether the flight in question would have been canceled based on poor visibility of the surface below the route of the flight; and
(8) Any other factors that the FAA considers appropriate.
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 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 flightcrew members - 180 pounds.
(B) For female flightcrew members - 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 chapter 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) of this chapter 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 chapter.
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) of this chapter 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) of this chapter 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 chapter.
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.
[Docket No. FAA-2009-0140, 76 FR 7486, Feb. 10, 2011, as amended by Docket FAA-2018-0119, Amdt. 110-2, 83 FR 9172, Mar. 5, 2018]