[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR294.2]

[Page 239-240]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 294--CANADIAN CHARTER AIR TAXI OPERATORS--Table of Contents
 
                           Subpart A--General
 
Sec. 294.2  Definitions.

    As used in this part:
    (a) Agreement means the U.S.--Canada Nonscheduled Air Services 
Agreement signed May 8, 1974, and any amendments, supplements, 
reservations, or supersessions to it.
    (b) Canadian charter air taxi operator means a foreign air carrier 
that is substantially owned and effectively controlled by Canadian 
citizens, the Government of Canada, or both, whose foreign air 
transportation operations are limited to charter air service between 
points in Canada and points in the United States, and that does not use 
large aircraft in those operations.
    (c) Charter air service means nonscheduled commercial air 
transportation of persons and their accompanied baggage, and of 
property, on a time, mileage, or trip basis where the entire planeload 
capacity of one or more aircraft has been engaged, or the transportation 
of mail by aircraft.
    (d) Large aircraft means any aircraft that are not small aircraft as 
defined in this section.
    (e) Maximum authorized takeoff weight has the meaning assigned to it 
in regulations of the Canadian Transport Commission.
    (f) Maximum certificated takeoff weight means the maximum takeoff 
weight authorized by the terms of the aircraft airworthiness 
certificate. This weight may be found in the airplane operating record 
or in the airplane flight manual that is incorporated by regulation into 
the airworthiness certificate.
    (g) Maximum passenger capacity means the maximum number of passenger 
seats for which an aircraft is configured.
    (h) Maximum payload capacity means the maximum certificated takeoff 
weight of an aircraft less the empty weight as defined in section 03 of 
part 241 of this chapter, less all justifiable aircraft equipment, and 
less the operating load (consisting of minimum fuel load, oil, flight 
crew, steward's supplies, etc.). For purposes of this part, the 
allowance for weight of the crew, oil and fuel is as follows:
    (1) Crew--200 pounds per crew member required under FAA regulations, 
(2) oil--350 pounds, (3) fuel--the minimum weight of fuel required under 
FAA regulations for a flight between domestic points 200 miles apart, 
assuming VFR weather conditions and flights not involving extended 
overwater operations. However, in the case of aircraft for

[[Page 240]]

which a maximum zero fuel weight is prescribed by the FAA, maximum 
payload capacity means the maximum zero fuel weight less the empty 
weight, less all justifiable aircraft equipment, and less the operating 
load (consisting of minimum flight crew, steward's supplies, etc., but 
not including disposable fuel or oil).
    (2) [Reserved]
    (i) Small aircraft means any aircraft designed to have:
    (1) A maximum passenger capacity of not more than 30 seats and a 
maximum payload capacity of not more than 7,500 pounds, and/or
    (2) maximum authorized takeoff weight on wheels not greater than 
35,000 pounds.

[ER-1257, 46 FR 52591, Oct. 27, 1981, as amended by Doc. No. 47939, 57 
FR 40102, Sept. 2, 1992; 60 FR 43526, Aug. 22, 1995]