rmajette on DSKBCKNHB2PROD with CFR

Section 375.38

14 CFR Ch. II (1-1-19 Edition)

Section 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 individual:
(a) Completes the registration process in accordance with SectionSection 48.30, 48.100(b)
and (c), 48.105, and 48.115 of this title;
(b) Identifies the aircraft in accordance with the aircraft marking requirements in SectionSection 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).

Section 375.41 Agricultural and industrial
operations
within
the
United
States.

[80 FR 78648, Dec. 16, 2015]

Section 375.42 Transport
operations - occasional planeload charters.

Subpart E - Operations Requiring
Specific Preflight Authorization
of Filing

Occasional planeload charters may be
authorized where, because of their limited nature and extent, special equipment or facilities utilized, or other circumstances pertaining to them, it appears that they are not within the
scope of the applicant-s normal holding
out of transportation services to the
general public. Such charters are normally limited to those in which the entire capacity of the aircraft is engaged
by a single charterer, and since they
are occasional in nature, should not exceed for any one applicant more than
six flights during a calendar year. This
part does not authorize operations that
involve solicitation of the general public 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 transportation services. Carriage of cargo
for the operator-s own account is governed 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.

Section 375.40 Permits for commercial air operations.
(a) Permit required. Except for aircraft
being operated under a foreign air carrier permit, an exemption, or as otherwise 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 accordance with this subpart authorizing
the operations involved.
(b) Aircraft are not authorized to engage in air transportation under this
section. Where an operation involves
the carriage of persons, property or
mail for compensation or hire, the Department will determine whether particular flights for which a permit is
sought will be in common carriage, and
therefore in air transportation, based
on all the facts and circumstances surrounding the applicant-s entire operations. The burden rests upon the applicant in each instance to demonstrate by an appropriate factual
showing that the contemplated operation will not constitute common carriage 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.

Foreign civil aircraft shall not be
used for such commercial air operations 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 airspace, unless a permit has been issued
by the Department and the operation is
conducted in accordance with all applicable State and local laws and regulations as well as the applicable provisions of this part.

Section 375.43 Application
craft permit.

for

foreign

(a) Applications for foreign aircraft
permits shall be submitted on OST
Form 4509, (Appendix A), in duplicate,

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