[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR375.40]

[Page 364]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 375--NAVIGATION OF FOREIGN CIVIL AIRCRAFT WITHIN THE UNITED STATES--Table of Contents
 
  Subpart E--Operations Requiring Specific Preflight Authorization of 
                                 Filing
 
Sec. 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.