Williams-WilliamsAssoc 2012

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U.S. Department of Transportation Federal Aviation Administration Mr. Larry Williams Office of the Chief Counsel Larry Williams and Associates 3579 Sanford Drive Murfreesboro, TN 37130

Dear Mr. Williams,

800 Independence Ave., S.W.

Washington, O.C. 20591 This letter is in response to your inquiry regarding the definition of "week" as used in the definition of on-demand operations. Specifically, you ask whether the term "week" refers to "any seven days in succession or is it Sunday through the next Saturday, or can it be either?"

14 CFR § 110.2 definition of an "on-demand operation" includes "scheduled passengercarrying operations conducted with... a frequency of operations of less than five round trips per week on at least one route between two or more points according to the published flight schedule" in "[a]irplanes, other than turbojet powered airplanes, having a maximum passenger-seat configuration of 9 seats or less, excluding each crewmember seat, and a maximum payload capacity of7,500 pounds or less ... " Additionally, "scheduled operation" means "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 representatives offers in advance the departure location, departure time, and arrival location." 14 CFR § 110.2. See Legal Interpretation to Jamie Walker, President of Jet Linx Aviation from Rebecca B. McPherson, Assistant Chief Counsel for Regulations (2006) for a discussion of the definition of scheduied service and its three elements;·see also Legal Interpretation to Greg Walden from Rebecca B. McPherson, Assistant Chief Counsel for Regulations (Mar. 1, 2010). The FAA and the Department of Transportation have consistently interpreted a "week" to mean a calendar week, rather than a rolling 7 day period, when examining air carriers' schedules to ensure that they operate pursuant to their operating certificates. Frequency of scheduled operations during a week is measured from Sunday to the following Saturday.

We appreciate your patience ~d trust that the above responds to your concerns. This response was prepared by Nancy Sanchez, an attorney in the Regulations Division of the

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Office·of the Chief Counsel, and was coordinated with the Air Transportation Division of Flight Standards Service. Please contact us at (202) 267-3073 if we can be of further assistance.

· Sincerely, ~-~Rebecca B. MacPherson Assistant Chief Counsel for Regulations, AGC-200