110.2Definitions.#
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, powered-lift, or rotorcraft 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)Noncommon carriage.
(i)Have a passenger-seat configuration of more than 30 seats, excluding each crewmember seat.
(ii)Have a payload capacity of more than 7,500 pounds.
(iii)Are propeller-powered and:
(A)Have a passenger-seat configuration of more than 9 seats and less than 31 seats, excluding each crewmember seat; and
(B)Are used in domestic or flag operations but are so listed in the operations specifications as required by § 119.49(a)(4) of this chapter for such operations.
(iv)Are turbojet-powered and:
(A)Have a passenger seat configuration of 1 or more but less than 31 seats, excluding each crewmember seat; and
(B)Are used in domestic or flag operations and are so listed in the operations specifications as required by § 119.49(a)(4) of this chapter for such operations.
(2)Operations in which persons or cargo are transported without compensation or hire.
(i)Operations for which the departure time, departure location, and arrival location are specifically negotiated with the customer or the customer's representative.
(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)All-cargo operations.
(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:
(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 aircraft described in paragraph (1) of this definition at locations described in paragraph (2) of this definition:
(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.
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