Sec. 3. Definitions
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In this Act: The term Administrator means the Administrator of the Environmental Protection Agency. The term calculated greenhouse gas emissions , with respect to aviation fuel, means the aggregate net lifecycle greenhouse gas emissions of the fuel or mix of fuels consumed by a flight where all fuels, except the consumed fuels that are sustainable aviation fuels, are considered to have the net lifecycle greenhouse gas emissions of traditional jet fuel. The term estimated flight time , with respect to a flight that has not yet terminated, means the period that the operator of the flight reasonably anticipates will be the real flight time.
The term estimated flight time does not include any period during which the aircraft used for the flight is anticipated to spend taxiing to a gate, standing at a gate, or otherwise remaining grounded. The term greenhouse gas has the meaning given the term in section 137(d) of the Clean Air Act ( 42 U.S.C. 7437(d) ). The term net lifecycle greenhouse gas emissions , with respect to aviation fuel, means the net quantity of greenhouse gas emissions related to the full fuel lifecycle, where the mass values for those greenhouse gas emissions are adjusted to account for the relative global warming potential of each greenhouse gas, as determined by the Administrator in accordance with the most recent Carbon Offsetting and Reduction Scheme for International Aviation that has been adopted by the International Civil Aviation Organization with the agreement of the United States.
The term qualifying flight means a flight that— originates from, terminates in, or both originates from and terminates in the United States; is made using an aircraft— equipped with 1 or more jet engines; and with a maximum takeoff weight of not less than 12,500 pounds; and is not operated as a regularly scheduled flight by a passenger common carrier subject to part 121 of title 14, Code of Federal Regulations (or successor regulations). The term qualifying flight does not include a flight described in subparagraph (A)— in which the aircraft carrying out the flight is— a Federal, State, Tribal, or local government-owned aircraft conducting government business; or a military aircraft; that is flown for medical reasons; or that is flown exclusively for the purpose of carrying cargo.
The term qualifying ticket means a ticket for a first class or business class seat— on a flight that— originates from, terminates in, or both originates from and terminates in the United States; is operated as a regularly scheduled flight by a passenger common carrier subject to part 121 of title 14, Code of Federal Regulations (or successor regulations); and is not made using an aircraft that relies exclusively on a hydrogen fuel cell or batteries for the propulsion of the aircraft; and with respect to a flight with 2 or 3 classes of service, in the highest class of service; and with respect to a flight with 4 or more classes of service, in either of the 2 highest classes of service.
The term qualifying ticket includes a ticket for a seat, regardless of class of service, capable of reclining at an angle of greater than 45 degrees, including a seat capable of lying fully flat. If only 1 ticket is provided for travel the itinerary of which includes 2 or more flight segments, the ticket shall be treated as a separate qualifying ticket for each separate takeoff and landing for a flight described in subparagraph (A)(i) in a seat described in subparagraphs (A)(ii) and
(B)(as applicable). The term real flight time , with respect to a flight, means the period between the time of takeoff and the time of landing. The term real flight time does not include any period during which the aircraft used for the flight taxies to a gate, stands at a gate, or is otherwise grounded. The term sustainable aviation fuel means any neat fuel that achieves a reduction in average net lifecycle greenhouse gas emissions, as compared to traditional jet fuel, of at least 50 percent. The term sustainable aviation fuel does not include any fuel that is made from feedstock that includes palm oil, palm fatty acid distillate, petroleum, or plastic. For purposes of this Act, fuel may be considered consumed if the fuel has been delivered directly to an aircraft or to a public use airport fueling system, including pipelines to a public use airport if there is no prospect of the fuel being diverted or removed from that airport fueling system before the point of use by an aircraft. For purposes of assigning the consumption of fuels to flights for the assessment of a surcharge under this Act, an operator of a flight may enter into a binding, exclusive agreement to transfer the assignment of fuel that is consumed if the agreement meets such standards of transparency and environmental integrity as determined appropriate by the Administrator.
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