FAA 14 CFR PART 223-2011 FREE AND REDUCED-RATE TRANSPORTATION《免费和降价的运输》.pdf

1、87 Office of the Secretary, DOT 223.1 PART 223FREE AND REDUCED- RATE TRANSPORTATION Subpart AGeneral Provisions Sec. 223.1 Definitions. 223.2 Exemption from section 401 of the Act. 223.3 Mandatory free transportation. 223.4 Transferability of passes. 223.5 Responsibility of agencies. 223.6 Carriers

2、rules. Subpart BDomestic Travel 223.11 Free and reduced-rate transportation permitted. Subpart CInternational Travel 223.21 Free and reduced-rate transportation authorized by statute or regulation. 223.22 Other persons to whom free and re-duced-rate transportation may be fur-nished. 223.23 Applicati

3、ons for authority to carry other persons. 223.24 Transportation of empty mail bags. 223.25 List of affiliates. AUTHORITY: Secs. 204, 403, 404, 405(j), 407, 416, Pub. L. 85726, as amended, 72 Stat. 743, 758, 760, 766, 771, 49 U.S.C. 1325, 1373, 1374, 1375, 1377, 1386, sec. 2 of the Postal Reorganizat

4、ion Act, 84 Stat. 767, 39 U.S.C. 5007. SOURCE: ER1371, 48 FR 57118, Dec. 28, 1983, unless otherwise noted. Subpart AGeneral Provisions 223.1 Definitions. As used in this part, unless the con-text otherwise requires: An affiliate of a carrier means a per-son: (a) Who controls that carrier, or is cont

5、rolled by that carrier or by an-other person who controls or is con-trolled by that carrier; and (b) Whose principal business in pur-pose or in fact is: (1) The holding of stock in one or more carriers; (2) Transportation by air or the sale of tickets therefor; (3) The operation of one or more air-p

6、orts, one or more of which are used by that carrier or by another carrier who controls or is controlled by that carrier or that is under common control with that carrier by another person; or (4) Activities related to the transpor-tation by air conducted by that carrier or by another carrier that co

7、ntrols or is controlled by that carrier or which is under common control with that car-rier by another person. Air carrier means the holder of a cer-tificate of public convenience and ne-cessity issued by the Board under sec-tion 401 of the Act authorizing the car-riage of persons. Attendant means a

8、ny person required by a handicapped person in order to travel, whether or not that persons services are required while the handi-capped passenger is in an aircraft. Carrier means: (a) An air carrier; (b) An all-cargo air carrier operating under section 401 or section 418 of the Act; (c) A foreign ai

9、r carrier; (d) An intrastate carrier; (e) An air taxi (including a commuter air carrier) operating under parts 294 or 298 of this chapter; and (f) Any person operating as a com-mon carrier by air, or in the carriage of mail by air, or conducting transpor-tation by air, in a foreign country. Control,

10、 as used in this section, means the beneficial ownership of more than 40 percent of outstanding capital stock unless, ownership of more than 40 percent of outstanding capital stock unless, in a specific case, the Board de-termines under section 408 of the Act that control does not exist. Control may

11、 be direct or by or through one or more intermediate subsidiaries like-wise controlled or controlling through beneficial ownership of more than 40 percent of outstanding voting capital stock. Delivery flight means a flight from a point in the United States where a car-rier has taken delivery of a ne

12、wly man-ufactured aircraft to any point or points on its route system. Foreign air carrier means the holder of a permit issued by the Board under sec-tion 402 of the Act authorizing the car-riage of persons. Free transportation means the car-riage by an air carrier or foreign air carrier of any pers

13、on or property (other than property owned by that carrier) in air transportation without compensa-tion therefor. Handicapped passenger means any person who has a physical or mental VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00097 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Avile

14、s on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-88 14 CFR Ch. II (1111 Edition) 223.2 impairment (other than drug addiction or alcoholism), that substantially lim-its one or more major life activities. Inaugural flight mea

15、ns a flight on an aircraft type being introduced by a car-rier for the first time on a route, even if that aircraft type has been used by that carrier on other routes or on that route by other carriers. Pass means a written authorization, other than actual ticket stock, issued by a carrier for free

16、or reduced-rate transportation of persons or property. Reduced-rate transportation means the carriage by an air carrier or foreign air carrier of any person or property (other than property owned by such carrier) in air transportation for a compensa-tion less than that specified in the tar-iffs of t

17、hat carrier on file with the Board and otherwise applicable to such carriage. Retired means: (a) With respect to carrier directors, officers, and employees, persons receiv-ing retirement benefits from any car-rier; (b) With respect to the general pub-lic, persons not regularly working at a full-time

18、 paying job, and not intending to do so in the future. 223.2 Exemption from section 401 of the Act. (a) Any all-cargo carrier is exempted from section 401 of the Act to the ex-tent necessary to carry, for purposes of in-flight observation, technical rep-resentatives of companies that have been engag

19、ed in the manufacture, de-velopment, or testing of aircraft or air-craft equipment. (b) Every carrier providing transpor-tation under this section shall also comply with the applicable regulations of the Federal Aviation Administration such as regulations pertaining to ad-mission of persons to the a

20、ircraft flight deck. 223.3 Mandatory free transportation. Every air carrier shall carry, without charge, on any aircraft that it oper-ates, the following persons: (a) Security guards who have been as-signed to the duty of guarding such air-craft against unlawful seizure, sabo-tage or other unlawful

21、interference, upon the exhibition of such credentials as may be prescribed by the Adminis-trator of the Federal Aviation Admin-istration; (b) Safety inspectors of the National Transportation Safety Board or of the Federal Aviation Administration who have been assigned to the duty of in-specting duri

22、ng flight such aircraft or its equipment, route facilities, oper-ational procedures, or airman com-petency upon the exhibition of creden-tials or a certificate from the agency involved in authorizing such transpor-tation; and (c) Postal employees on duty in charge of the mails or traveling to or fro

23、m such duty, upon the exhibition of the credentials issued by the Post-master General. 223.4 Transferability of passes. Any pass authorizing free or reduced- rate transportation issued by a carrier may be made transferable to the extent specified by the granting carrier. 223.5 Responsibility of agen

24、cies. The Federal Aviation Administra-tion, National Transportation Safety Board, National Weather Service, and the Postal Service shall be responsible for the following: (a) The issuance of any credentials or certificates to their personnel eligible for free or reduced-rate transportation under thi

25、s part; and (b) The promulgation of any internal rules that are necessary to obtain com-pliance by such personnel with this part. 223.6 Carriers rules. (a) Each air carrier and foreign air carrier shall maintain at its principal office either a copy or all instructions to its employees and of all co

26、mpany rules governing its practice in connec-tion with the issuance and interchange of free and reduced-rate transportation passes or a statement describing those practices. (b) The rules or statement required by this section shall, at a minimum, include the following: (1) The titles of its official

27、s upon whose authorizations passes may be issued; (2) The titles of other officials who are authorized by these officials to VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00098 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for Resal

28、eNo reproduction or networking permitted without license from IHS-,-,-89 Office of the Secretary, DOT 223.22 countersign passes on their behalf, and the extent of the authority granted to them; and (3) The titles of persons who are au-thorized to request passes from other carriers. (c) The rules, in

29、structions, or state-ment required by this section shall be furnished to the Board upon request or to a member of the public upon pay-ment of a reasonable charge for this service. (Approved by the Office of Management and Budget under control number 30240002) Subpart BDomestic Travel 223.11 Free and

30、 reduced-rate trans-portation permitted. Air carriers may charge any rate or fare for interstate and overseas air transportation. Subpart CInternational Travel 223.21 Free and reduced-rate trans-portation authorized by statute or regulation. (a) Any air carrier or foreign air car-rier may provide fr

31、ee or reduced-rate foreign air transportation to any class-es of persons specifically named in sec-tion 403(b) of the Act or free transpor-tation to those named in 375.35 of this chapter. (b) Air carriers and foreign air car-riers may offer reduced fares for for-eign air transportation to ministers

32、of religion, the elderly, retired, and handicapped passengers, and to attend-ants required by handicapped pas-sengers, but shall file tariffs for such fares. Carriers may establish reason-able tariff rules to assist in identifying those who qualify for reduced fares. 223.22 Other persons to whom fre

33、e and reduced-rate transportation may be furnished. Air carriers and foreign air carriers are exempted from sections 403 and 404(b) of the Act and part 221 of this chapter to the extent necessary to pro-vide free or reduced-rate foreign air transportation, including passes, to the following: (a) Dir

34、ectors, officers, employees, and retirees and members of their im-mediate families, of any carrier or of any affiliate of such carrier, subject to the requirements of 223.25. (b) Persons to whom the carrier is re-quired to furnish such transportation by law or government directive or by a contract o

35、r agreement between the car-rier and the government of any coun-try served by the carrier. The Board may, without prior notice, direct the carrier to file a tariff covering such transportation if it finds that the law or government directive in question re-quires the provision of such transpor-tatio

36、n. This transportation may be provided only if: (1) The contract or agreement is filed with the Board, and it is not dis-approved by the Board; and (2) The law or government directive does not require the furnishing of such transportation to the general public or any segment thereof. (c) Technical r

37、epresentatives of com-panies that have been engaged in the manufacture, development or testing of a particular type of aircraft or aircraft equipment, when the transportation is provided for the purposes of in-flight observation, and subject to applicable regulations of the Federal Aviation Ad-minis

38、tration such as regulations per-taining to admission of persons to the aircraft flight deck. (d) Any person in return for goods or services provided by such person whether the transportation is used by that person or any designee of such person; (e) Persons engaged in promoting transportation and th

39、eir immediate families, when such transportation is undertaken for a promotional purpose; (f) Persons being transported on an inaugural flight or delivery flight of the carrier except that, in the case of delivery flights, this exemption ex-tends only to free, and not reduced- rate, transportation;

40、(g) Any law-enforcement official, in-cluding any person who has the duty of guarding government officials trav-eling on official business against un-lawful interference; (h) As compensation to persons that file a complaint or claim against the carrier; (i) Charitable organizations; and (j) Any perso

41、n in an aviation-related occupation when the transportation is VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00099 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from

42、IHS-,-,-90 14 CFR Ch. II (1111 Edition) 223.23 provided for the purpose of technical in-flight observation. 223.23 Applications for authority to carry other persons. (a) Any air carrier or foreign air car-rier desiring special authorization to provide free or reduced-rate foreign air transportation

43、to persons to whom the carrier would not otherwise be author-ized to furnish such transportation under the previous provisions of this part may apply to the Board, by letter or other writing, for such authoriza-tion. (b) The application shall include the following information: (1) The identity of th

44、e persons to whom the transportation is to be fur-nished; (2) The points between which the transportation is to be furnished; (3) The approximate time of depar-ture; and (4) The carriers reasons for desiring to furnish such transportation. (c) No transportation for which ap-proval is required shall

45、be furnished by the carrier until that approval is re-ceived by the carrier. (Approved by the Office of Management and Budget under control number 30240002) 223.24 Transportation of empty mail bags. Any carrier authorized to engage in foreign air transportation may trans-port in foreign air transpor

46、tation empty air mail bags from any country to the country of origin of such bags, free of charge, on a voluntary space- available basis. 223.25 List of affiliates. (a) Each carrier shall maintain at its principal office a list containing all of that carriers affiliates, showing the exact relationsh

47、ip of each affiliate to the carrier. (b) No pass may be issued under 223.22(a) to a director, officer, em-ployee, or members of their immediate family, of any affiliate, unless that af-filiate is on the list required by para-graph (a) of this section. (c) The list required by paragraph (a) of this s

48、ection shall be furnished to the Board upon request. (Approved by the Office of Management and Budget under control number 30240002) PART 232TRANSPORTATION OF MAIL, REVIEW OF ORDERS OF POSTMASTER GENERAL Sec. 232.1 Applications for review. 232.2 Answers to applications for review. 232.3 Replies to a

49、nswers to applications for review. 232.4 Applications to postpone the effective date of an order of the Postmaster Gen-eral; answers thereto. 232.5 Filing and service of applications, an-swers, and replies. AUTHORITY: 49 U.S.C. Chapters 401, 419. SOURCE: 41 FR 49479, Nov. 9, 1976, unless otherwise noted. 232.1 Applications for review. (a) Any person who would be ag-grieved by an order of the Postmaster General issued under and within the meanin