Urban Air Mobility: An Airport Perspective (2023)

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105   Federal Definitions A P P E N D I X Advanced Air Mobility and Air Operations 14 CFR Part 110 provides important definitions to understand the following different types of operations: • On-demand operation means any operation for compensation or hire that is one of the following: o Passenger-carrying operations conducted as a public charter under part 380 of this chapter or any operations in which the departure time, departure location, and arrival location are specifically negotiated with the customer or the customer's representative that are any of the following types of operations: Common carriage operations conducted with airplanes, including turbojet- powered airplanes, having a passenger-seat configuration of 30 seats or fewer, excluding each crewmember seat, and a payload capacity of 7,500 pounds or less, except that operations using a specific airplane that is also used in domestic or flag operations and that is so listed in the operations specifications as required by 14 CFR Part 119.49(a)(4) of this chapter for those operations are considered supplemental operations; Noncommon or private carriage operations conducted with airplanes having a passenger-seat configuration of fewer than 20 seats, excluding each crewmember seat, and a payload capacity of fewer than 6,000 pounds; or Any rotorcraft operation. • Scheduled operation means, per 14 CFR Part 110, any common carriage passenger-carrying operation for compensation or hire conducted by an air carrier or commercial operator for which the certificate holder or its representative offers in advance the departure location, departure time, and arrival location. It does not include any passenger-carrying operation that is conducted as a public charter operation under 14 CFR Part 380 (Public Charters). • All-cargo operation means any operation for compensation or hire that is other than a passenger- carrying operation. • Commuter operation means any scheduled operation conducted by any person operating 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 published flight schedules using either Airplanes, other than turbojet-powered airplanes, having a maximum passenger-seat configuration of nine seats or less, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds or less; or Rotorcraft.

106 Urban Air Mobility: An Airport Perspective It is likely that Advanced Air Mobility providers will need to be certified as air carriers under either Part 121 or Part 135. • 14 CFR Part 121 – Commercial air service: Under Part 121, air carriers are certified to operate scheduled air service on predetermined routes. The largest United-States-based airlines, as well as most regional air carriers and cargo operators fall under Part 121 certificate. • 14 CFR Part 135 – Commuter and on-demand air service: Scheduled commuter flights and on- demand flights are regulated by Part 135 regulations as long as they do not exceed the following criteria: Commuter: commuter aircraft must have a maximum passenger seating configuration of nine seats and must have a maximum payload capacity of 7,500 pounds. Any rotorcraft can operate commuter operations, whereas any turbojet aircraft cannot be certified Part 135. On-demand: on-demand aircraft must have a maximum passenger seating configuration of 30 seats and must have a maximum payload capacity of 7,500 pounds. Any rotorcraft can operate on-demand operations. Limited schedule operations can be certified with the following restrictions: Less than five round trips per week on at least one route between two or more points according to published flight schedules; Turbojet airplanes cannot operate these on-demand operations; The maximum passenger seating configuration is limited to nine seats. Most urban air mobility providers will operate VTOL vehicles with a seating configuration accommodating no more than nine passengers and should consequently be certified under Part 135. Regional air mobility providers operating regularly scheduled services may have to pursue a Part 121 certification if their aircraft will feature more than nine passenger seats, or if they operate more than five weekly round trips on published route schedules. The delivery of packages by drone for compensation beyond visual line of sight falls today under the Part 135 air carrier certification. As of today, UPS Flight Forward, Inc. and Wing Aviation, LLC are the two Part 135 air carriers certified by the FAA to operate drone aircraft. Six additional Part 135 applications are currently being processed. Note 1: “Mobility-as-a-service” provides passengers the ability to book on-demand travels from their departure point to their final destination. MaaS allows passengers to choose the route and time of the flight, similar to shared mobility services applications from transportation network companies (TNC). MaaS applications typically consolidate rides and fares from multiple mobility service providers to propose door- to-door travels. Companies providing MaaS booking services may not be direct air carriers, that is, persons providing air transportation with control over the operational functions. Note 2: Online delivery platforms might play a role similar to MaaS for the delivery of goods. They already connect restaurants, small businesses, and retail companies with consumers by providing online solutions to purchase foods and products and have them delivered by ground services. Similarly to MaaS applications, delivery platforms might integrate air mobility in their future offer. However, these companies may not be direct air carriers, but instead contract sUAS operators for operating delivery flights.

Abbreviations and acronyms used without denitions in TRB publications: A4A Airlines for America AAAE American Association of Airport Executives AASHO American Association of State Highway Officials AASHTO American Association of State Highway and Transportation Officials ACI–NA Airports Council International–North America ACRP Airport Cooperative Research Program ADA Americans with Disabilities Act APTA American Public Transportation Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATA American Trucking Associations CTAA Community Transportation Association of America CTBSSP Commercial Truck and Bus Safety Synthesis Program DHS Department of Homeland Security DOE Department of Energy EPA Environmental Protection Agency FAA Federal Aviation Administration FAST Fixing America’s Surface Transportation Act (2015) FHWA Federal Highway Administration FMCSA Federal Motor Carrier Safety Administration FRA Federal Railroad Administration FTA Federal Transit Administration GHSA Governors Highway Safety Association HMCRP Hazardous Materials Cooperative Research Program IEEE Institute of Electrical and Electronics Engineers ISTEA Intermodal Surface Transportation Efficiency Act of 1991 ITE Institute of Transportation Engineers MAP-21 Moving Ahead for Progress in the 21st Century Act (2012) NASA National Aeronautics and Space Administration NASAO National Association of State Aviation Officials NCFRP National Cooperative Freight Research Program NCHRP National Cooperative Highway Research Program NHTSA National Highway Traffic Safety Administration NTSB National Transportation Safety Board PHMSA Pipeline and Hazardous Materials Safety Administration RITA Research and Innovative Technology Administration SAE Society of Automotive Engineers SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (2005) TCRP Transit Cooperative Research Program TEA-21 Transportation Equity Act for the 21st Century (1998) TRB Transportation Research Board TSA Transportation Security Administration U.S. DOT United States Department of Transportation

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