392 

14 CFR Ch. II (1–1–19 Edition) 

§ 375.38 

§ 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 
involve solicitation of the general pub-
lic such as is usually involved in the 
transportation of individually-ticketed 
passengers or individually-waybilled 
cargo, or in which the charterer is a 
travel agent, a charter operator, a 
broker, an air freight forwarder or any 
other organization that holds itself out 
to the general public to provide trans-
portation services. Carriage of cargo 
for the operator’s own account is gov-
erned by the provisions of this section 
if the cargo is to be resold or otherwise 
used in the furtherance of a business 
other than the business of providing 
carriage by aircraft. 

§ 375.43

Application for foreign air-

craft permit. 

(a) Applications for foreign aircraft 

permits shall be submitted on OST 
Form 4509, (Appendix A), in duplicate, 

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