368
14 CFR Ch. II (1–1–24 Edition)
§ 375.38
(2) Travel expenses of the crew, in-
cluding food, lodging, and ground
transportation.
(3) Hanger and tie-down costs away
from the aircraft’s base of operations.
(4) Insurance obtained for the specific
flight.
(5) Landing fees, airport taxes, and
similar assessments.
(6) Customs, foreign permit, and
similar fees directly related to the
flight.
(7) In flight food and beverages.
(8) Passenger ground transportation.
(9) Flight planning and weather con-
tract services.
(10) An additional charge equal to 100
percent of the expenses for fuel, oil, lu-
bricants, and other additives.
[Doc. No. DOT–OST–2003–15511, 71 FR 15328,
Mar. 28, 2006]
§ 375.38
Other foreign civil aircraft:
Small unmanned aircraft operated
exclusively as model aircraft.
Foreign civil aircraft that are small
unmanned aircraft used exclusively as
model aircraft may be operated in the
United States only when the indi-
vidual:
(a) Completes the registration proc-
ess in accordance with §§ 48.30, 48.100(b)
and (c), 48.105, and 48.115 of this title;
(b) Identifies the aircraft in accord-
ance with the aircraft marking require-
ments in §§ 48.200 and 48.205 of this title;
and
(c) Complies with the requirements
of Sec. 336 of Pub. L. 112–95 (Feb. 14,
2012).
[80 FR 78648, Dec. 16, 2015]
Subpart E—Operations Requiring
Specific Preflight Authorization
of Filing
§ 375.40
Permits for commercial air op-
erations.
(a)
Permit required. Except for aircraft
being operated under a foreign air car-
rier permit, an exemption, or as other-
wise provided in subpart D or H of this
part, foreign civil aircraft may engage
in commercial air operations only if
there is carried on board the aircraft a
permit issued by the Department in ac-
cordance with this subpart authorizing
the operations involved.
(b) Aircraft are not authorized to en-
gage in air transportation under this
section. Where an operation involves
the carriage of persons, property or
mail for compensation or hire, the De-
partment will determine whether par-
ticular flights for which a permit is
sought will be in common carriage, and
therefore in air transportation, based
on all the facts and circumstances sur-
rounding the applicant’s entire oper-
ations. The burden rests upon the ap-
plicant in each instance to dem-
onstrate by an appropriate factual
showing that the contemplated oper-
ation will not constitute common car-
riage from, to or within the United
States. In general, an applicant that
holds itself out to the public, or to a
particular class or segment, as willing
to furnish transportation for hire is a
common carrier.
§ 375.41
Agricultural and industrial
operations within the United
States.
Foreign civil aircraft shall not be
used for such commercial air oper-
ations as crop dusting, pest control,
pipeline patrol, mapping, surveying,
banner towing, skywriting or similar
agricultural or industrial operations
within the United States, including its
territorial waters and overlying air-
space, unless a permit has been issued
by the Department and the operation is
conducted in accordance with all appli-
cable State and local laws and regula-
tions as well as the applicable provi-
sions of this part.
§ 375.42
Transport operations—occa-
sional planeload charters.
Occasional planeload charters may be
authorized where, because of their lim-
ited nature and extent, special equip-
ment or facilities utilized, or other cir-
cumstances pertaining to them, it ap-
pears that they are not within the
scope of the applicant’s normal holding
out of transportation services to the
general public. Such charters are nor-
mally limited to those in which the en-
tire capacity of the aircraft is engaged
by a single charterer, and since they
are occasional in nature, should not ex-
ceed for any one applicant more than
six flights during a calendar year. This
part does not authorize operations that
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