SUBCHAPTER G - AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS 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 turbojetpowered 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 PART 110 - GENERAL REQUIREMENTS Sec. 110.1 110.2 Applicability. Definitions. AUTHORITY: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 44105, 44106, 44111, 44701- 44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936, 44938, 46103, 46105. SOURCE: Docket No. FAA-2009-0140, 76 FR 7486, Feb. 10, 2011, unless otherwise noted. Section 110.1 Applicability. This part governs all operations conducted under subchapter G of this chapter. Section 110.2 Definitions. 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 Section 121.583(a) or Section 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 5 VerDate Sep<11>2014 08:20 May 17, 2019 Jkt 247048 PO 00000 Frm 00015 Fmt 8010 Sfmt 8010 Y:\SGML\247048.XXX 247048