Legal Interpretations
Troxell 2000
Summary
The Question
May Evergreen International Airlines conduct scheduled Tel Aviv to New York passenger flights, sold by a tour operator, under its supplemental operations specifications?
Background
Evergreen International Airlines planned to contract with Classic Air, a tour operator with offices in Israel, to fly three round trips per week between Tel Aviv and JFK, with Classic Air holding the flights out to the public on a scheduled basis.
The FAA’s Interpretation
No. Assuming the flights are scheduled passenger-carrying operations, they meet the definition of a flag operation in 14 CFR part 119: a scheduled operation with turbojet-powered airplanes between a point within the 48 contiguous states or the District of Columbia and a point outside them. They must be conducted under flag operations specifications, though Evergreen may continue its all-cargo flight under the supplemental operations rules.
- Requester
- Troxell
- Issued
- June 7, 2000
- Subject
- Air Carrier & Commercial Operations
Regulations Cited
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June 7,2000
Gregory Troxell
V.P. Flight Operations
Evergreen International Airlines, Inc.
3850 Three Mile Lane
McMinnville, OR 97128-9495
Dear Mr. Troxell:
This is in response to your letter of May 16, 2000, to Robert
Januzzi, in which you requested the opinion from the Federal
Aviation Administration (FAA) regarding a series of flights being proposed by your company. You requested our opinion as to whether the proposed operation could be conducted under your current supplemental operations specifications.
In our opinion, the proposed operation must be conducted under flag operations specifications.
It is our understanding, from your correspondence and from
discussions with Mr. Januzzi that Evergreen International
Airlines, Inc. (Evergreen) intends to enter into a contract with
Classic Air, a tour operator with offices in Israel. Evergreen will conduct three round-trip flights per week between Tel Aviv,
Israel, and JFK International Airport, New York, New York. It is also our understanding that Classic Air will hold out to the public to make these flights available on a scheduled basis.
In pertinent part, Section 119.9 of the Regulations defines Flag
Operation as follows:
"Flag Operation" means any scheduled operation conducted by
any person operating any airplane described in paragraph (1) of this definition at the locations described in paragraph (2) of this definition.
(1) Airplanes
(i) Turbojet-powered airplanes;
(ii) ........................................................................................................................ (iii) ...................................................................................................................... (2)
Locations.
(i) ........................................................
(ii) Between any point within the 48 contiguous States of the
United States or the District of Columbia and any point outside the 48 contiguous States of the United States and the District of
Columbia.
(iii) ..........
Based on the assumption that the proposed flights will constitute
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scheduled passenger-carrying operations, it is our opinion that those flights must be conducted in accordance with the rules relating to flag operations.
Additionally, it is our opinion that Evergreen may continue to conduct its all cargo flight under the rules relating to supplemental operations.
Please contact us if you require any additional information.
Sincerely,
John J. Callahan
Deputy Regional Counsel
Regulations Referenced
Snapshot retrieved August 6, 2026.