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in any list filed with the Board must be SOURCE: The provisions of this Part 224 are included in a new list prior to the issu contained in ER-433, 30 F.R. 3861, Mar. 25, ance of any pass to any person author

1965, unless otherwise noted. ized to receive such pass by reason of 8 224.1 Safety inspectors. such affiliation.

Every air carrier shall carry, without (Reg. ER-191, 18 F.R. 7266, Nov. 17, 1953)

charge, on any aircraft which it operates § 223.8 Application for authority to any duly authorized official or employee carry other persons.

of the Board or of the Federal Aviation Any carrier desiring special authoriza

Agency who has been assigned to the tion under section 403(b) of the Act to

duty of inspecting during fight such airfurnish free or reduced-rate overseas or

craft, its engines, propellers, appliances, foreign air transportation to a person

route facilities, operational procedures or

airman competency. or persons to whom the carrier would not otherwise be authorized to furnish such § 224.2 Traffic control and communica. transportation under section 403(b) or tions personnel and aviation weather this part, or who are not listed in the

forecasters. carrier's rules filed with the Board pur

Any air carrier may carry without suant to $ 223.6, may apply to the Board,

charge on any aircraft which it operates by letter or other writing, for such au

any traffic controller or aircraft comthorization. The application shall state

municator of the Federal Aviation the identity of the person or persons to

Agency or any aviation weather forewhom, and the points between which, caster of the Weather Bureau (including such transportation is to be furnished,

supervising officers of such persons) for the time or approximate time of depar

the purpose of more fully and adequately ture, and the carrier's reasons for desir

acquainting such persons with the probing to furnish such transportation. The

lems affecting in-flight use of air traffic application shall contain a definite state

control and communications and weather ment that the carrier is willing and in

forecast services provided by the U.S. tends to furnish such transportation if

Government: Provided, however, That no authority to do so is granted by the

request for free transportation under Board. No transportation for which

this section shall be made for the same approval is requested therein shall be

individual upon any one air carrier more furnished by the carrier unless and until

than once in each calendar year (round such approval is received by the carrier.

trips are regarded as one trip for the (ER-461, 31 F.R. 6585, May 3, 1966)

purposes of this section) unless the re223.9 Effect on other regulations.

quest for such additional transportation

is accompanied by the statement in writNothing contained in this part shall be

ing prescribed in § 224.3(c). construed as repealing or amending any provision of any other section of this sub § 224.3 Requests for access to aircraft chapter.

and free transportation. (Reg. ER-146, 14 F.R. 3536, June 29, 1949)

Access to aircraft and free air trans

portation shall not be granted to persons PART 224-ACCESS TO AIRCRAFT eligible under this part unless the follow

FOR SAFETY PURPOSES; FREE ing conditions are complied with:
TRANSPORTATION FOR CERTAIN

(a) The person to be transported shall FAA AND WEATHER BUREAU

present to the appropriate agents of the

air carrier credentials or a certificate EMPLOYEES

indicating that he is entitled to request Sec.

access to aircraft or free transportation 224.1 Safety inspectors.

and signed by the Chief, Office of Admin224.2 Traffic control and communications

istration, Civil Aeronautics Board, the personnel and aviation weather fore

Administrator of the Federal Aviation casters. 224.3 Requests for access to aircraft and free

Agency or the Chief, Weather Bureau, transportation.

or any official of their agencies they may 224.4 Responsibility of the Federal Aviation designate and signed also by the person

Agency and the Weather Bureau. presenting such credentials or certificate. AUTHORITY: The provisions of this Part 224

(b) The person to be transported shall issued under secs. 204, 301-314, 403, 404,

deliver to the appropriate agents of the 601-610, and 701, 72 Stat. 743; 49 U.S.C. 1324, air carrier, in duplicate, a properly exe1341–1355, 1373, 1374, 1421-1430, and 1441. cuted “Request for Access to Aircraft or

Free Transportation” (U.S. Government Sec.
Standard Form No. 160).

225.5 Provisions of agreement. (c) When free transportation is re

225.6 Limitation on total value of trado quested pursuant to § 224.2 involving

agreements.

225.7 Suspension or termination of trade more than one free trip within a calendar

agreements by the Board. year by the same individual on the same 225.8 Exemption from tariff and other recarrier, the person to be transported

quirements. shall, at the time of performance of each 225.9 Furnishing of transportation. such additional trip, present to the ap

225.10 Accounts and records. propriate agent of the air carrier a state

225.11 Value of air transportation. ment in writing by the Administrator of

225.12 Value of advertising goods and serv

ices. the Federal Aviation Agency, or the Chief, Weather Bureau or any official of

AUTHORITY: The provisions of this Part 225 their agencies they may designate, that

issued under secs. 204, 403, 404, 416, 72 Stat.

743; 49 U.S.C. 1324, 1373, 1374, 1386. the additional trip or trips by the person named, between the points designated SOURCE: The provisions of this Part 225 and on the type of aircraft specified

contained in ER-379, 28 F.R. 3718, Apr. 17, therein, is solely for the purpose specified

1963, unless otherwise noted. in § 224.2 and is essential to the effective $ 225.1 Definitions. performance of Federal Aviation Agency or Weather Bureau functions.

For the purposes of this part:

(a) “Airline" means: (d) The air carrier shall insert the

(1) Any air carrier furnishing local or tariff value of the transportation to be

feeder type transportation (other than furnished on each “Request for Access to

by helicopter) within the 48 contiguous Aircraft or Free Transportation,” shall

states of the United States, consisting retain one copy of each such request, and

of the carriage of persons, property, and on or before the 10th day of each month each air carrier shall forward one copy

mail under a certificate of public con

venience and necessity issued by the of all such requests received by it during

Board. the second preceding calendar month to

(2) Any trunkline air carrier receiving the Bureau of Economic Regulation, Civil

subsidy for services over part of its cerAeronautics Board, Washington, D.C.,

tificated routes. 20428.

(3) Any air carrier furnishing air § 224.4 Responsibility of the Federal transportation, between points within

Aviation Agency and the Weather the State of Hawaii, consisting of the Bureau.

carriage of persons, property, and mail The Federal Aviation Agency and the

under a certificate of public convenience Weather Bureau shall be responsible for:

and necessity issued by the Board. (a) The issuance of proper credentials

(4) Any subsidized air carrier furor certificates to personnel eligible here

nishing air transportation between points under; and

in the State of Alaska (but not between (b) The promulgation of such internal points on a route between Alaska and rules as may be required to obtain com

other States of the United States unless pliance by such personnel with this part.

the air carrier is also authorized to serve

such points on a route located wholly NOTE: The reporting requirements of the

within Alaska), consisting of the carregulations in this part have been approved by the Bureau of the Budget in accordance

riage of passengers, property, and mail with the Federal Reports Act of 1942.

under a certificate of public convenience

and necessity issued by the Board. PART 225-TARIFFS OF CERTAIN

(5) [Reserved] CERTIFICATED AIRLINES; TRADE

(6) Any certificated air carrier au

thorized to furnish scheduled air transAGREEMENTS

portation in the metropolitan area of Los Sec.

Angeles, San Francisco-Oakland, Chi225.1 Definitions.

cago, or New York and which performs 225.2 Filing of notice of trade agreement

such air transportation solely with other and cancellation of such agree

than fixed-wing aircraft. ment. 225.3 Contents of notice of trade agree

(b) “Trade agreements” shall mean ment.

an agreement whereby air transporta225.4 Affidavit by chief inancial or other

tion is to be exchanged for services or responsible officer of airline.

goods for advertising purposes, and

which agreement conforms to the requirements of $ 225.5.

(c) "Services or goods for advertising purposes” means newspaper or magazine display advertising, radio and television advertising, bus and streetcar advertising and other forms of media advertising, billboards and other outdoor advertising and advertising promotional displays. It also includes the services normally performed by an advertising agency and the services of such agency or any other person acting as an advertising agent or broker. It shall not include feature or news stories, public relations expense or other forms of advertising that are not clearly identifiable as paid advertisements of the carrier.

(d) “Air transportation" means air transportation provided by an airline over its own authorized routes under applicable individual or joint tariffs on file with the Board, (ER-379, 28 F.R. 3718, Apr. 17, 1963, as amended by ER-412, 29 F.R. 11744, Aug. 18, 1964; ER-453, 31 F.R. 2928, Feb. 19, 1966; ER471, 31 F.R. 10357, Aug. 2, 1966) 225.2 Filing of notice of trade agree

ment and cancellation of such agree

ment. (a) Notice of trade agreement. Any airline may at any time prior to December 18, 1968, file with the Board a notice of its intention to furnish air transportation in exchange for services or goods for advertising purposes. Every such notice shall be accompanied by an executed counterpart of a written agreement, containing all the terms of the agreement between the parties thereto, duly entered into by such air carrier with the supplier, and by an affidavit by the chief financial officer or other responsible officer of the airline having knowledge of the transaction in the form required by $ 225.4. Every such notice shall be filed at least 14 days prior to the effective date specified in the trade agreement. Within the meaning of this part, air transportation shall be deemed to be furnished when the passenger is actually enplaned.

(b) Notice of cancellation of trade agreement. An airline shall file with the Board a notice of cancellation of a trade agreement within 14 days after a trade agreement has been canceled. (ER-379, 28 F.R. 3718, Apr. 17, 1963, as amended by ER-453, 31 F.R. 2928, Feb. 19, 19661

§ 225.3 Contents of notice of trade ?

agreement. Every notice filed with the Board pursuant to $ 225.2 shall be conspicuously entitled “Notice Concerning Exchange of Air Transportation for Services or Goods,” and shall contain the following information:

(a) The names and addresses of the contracting parties;

(b) A description of the services or goods and the amount and value thereof to be received by the airline pursuant to the trade agreement, together with a statement of the basis upon which such value was computed-all of which shall be set forth in such detail as to enable the Board to verify such value:

(c) The total value of the air transportation to be furnished under all trade agreements previously filled with the Board under this part;

(d) Such other information as will enable the Board to determine whether the trade agreement was solicited by the airline or the supplier and has been entered into for the purpose of enabling the airline to obtain advertising which it could not afford if it were required to pay cash but for which it would have been willing to pay cash; and

(e) A description of the arrangements and provisions which have been made by the airline to ensure that air transportation will not be furnished to anyone except the individuals identified or described in the agreement. $ 225.4 Affidavit by chief financial or

other responsible officer of airline. Every affidavit filed with the Board pursuant to § 225.2 shall state that the officer whose signature appears thereon is familiar with the circumstances and that in his opinion and to the best of his knowledge and belief; (a) the trade agreement which it accompanies will be financially advantageous to the airline; (b) the services or goods to be received have an actual value to the airline equal to or in excess of the value of the air transportation to be furnished under the contract; and (c) the information contained in the notice is complete and correct. § 225.5

Provisions of agreement. Each trade agreement entered into by an airline hereunder shall provide:

(a) That it shall become effective on a specified day, on or before January 1, 1969;

(b) That goods or services are to be only by the individuals identified or desupplied to the airline and the airline scribed in the agreement; is to be required to furnish air trans (h) That the published individual portation to the supplier during a speci tariff rates, fares, and charges of the fied period of time which shall not extend airline applicable at the time air transmore than one year from the effective portation is furnished shall be used in date of the trade agreement;

determining the value of such transpor(c) That the airline shall not be obli tation; gated to furnish any air transportation (i) That such agreement will be termi

under a trade agreement unless such nated by the air carrier immediately uptransportation is requested and fur on its discovery that air transportation

nished within the period specified there issued under the agreement has been in. Any such agreement may provide, used by an individual not identified or however, that in the event the agreement described in the agreement, any excess is terminated by the Board pursuant to in values resulting from transactions un$ 225.7, the airline shall pay in cash der the agreement prior to such termi(except to the extent the order of the nation to be settled as provided in paraBoard terminating such agreement may graph (d) and the last sentence of parpermit all or any part, as specified in the agraph (c) of this section; order, of such excess to be paid in air (j) That the total value of air transtransportation) any excess value of portation furnished pursuant to the goods or services received thereunder agreement shall not exceed a fixed prior to such termination over the value amount stated therein; of the air transportation it has furnished (k) That the supplier will furnish to under the agreement prior thereto;

the Board such complete and accurate (d) That in the event the air carrier information as it or the airline shall at the time of expiration of the period reasonably request concerning the prices during which goods or services are to be for, the value of, and the nature of the supplied to it, or at the time of termina services or goods for advertising purtion of the agreement pursuant to poses only supplied or to be supplied to $ 225.7, has furnished air transportation the airline, and the prices which it would having a value in excess of the value of customarily charge to others for similar the services or goods which it has re services or goods; ceived prior to such termination or the (1) That trunkline air carriers deend of such period, such excess shall fined in § 225.1(a) (2) shall exchange air become payable, within not more than transportation only over those certifi90 days after such expiration or termina cated routes on which they receive subtion, to the airline in cash, goods, or sidy and only for services or goods for

services, or any combination thereof, as advertising purposes which advertise air * the parties may agree either in the orig transportation over such subsidized sinal agreement or upon such expiration routes; : or termination (except to the extent any (m) That certificated air carriers de

order of the Board terminating the fined in § 225.1(a) (4) shall exchange I agreement may require that all or any only air transportation conducted be

part, as specified in the order, of such tween points within the State of Alaska excess shall be payable only in cash or (but not between points on a route bewithin a different period);

tween Alaska and other States of the (e) That, except to the extent pro United States unless the air carrier 18 vided in paragraph (d) and the last sen also authorized to serve such points on tence of paragraph (c) of this section, a route located wholly within Alaska) the agreement shall immediately be for advertising services or goods advertisterminated if at any time the Board ing only air transportation between such shall issue an order to that effect pur points within the State of Alaska; and suant to 225.7;

(n) That certificated air carriers de(f) That the air transportation to be fined in § 225.1(a) (6) shall exchange furnished pursuant to the agreement only scheduled air transportation conshall be used only by the supplier, his ducted with other than fixed-wing airofficers, directors, employees and their craft for advertising services or goods immediate families;

advertising only scheduled air trans(g) That such air transportation shall portation by other than fixed-wing not be transferable and shall be used aircraft.

(ER-379, 28 F.R. 3718, Apr. 17, 1963, as trade agreement, or for any service in amended, ER-412, 29 F.R. 11745, Aug. 18,

connection therewith, than the rates, 1964; ER-453, 31 F.R. 2928, Feb. 19, 1966]

fares and charges specified in its cur$ 225.6 Limitation on total value of rently effective tariffs. trade agreements.

$ 225.9 Furnishing of transportation. The total value of trade agreements (a) Prior to the effective date of any entered into by any single airline in ac trade agreement entered into under this cordance with the provisions of this part part, the supplier shall furnish the airshall be not more than:

line with a list of the individuals who (a) $200,000 in the aggregate each are to use the air transportation to be year for those airlines identified under furnished; provided that changes in the § 225.1(a) (1), (2) and (3);

identity of the individuals who are to (b) $20,000 in the aggregate each year use the air transportation or other refor those airlines identified under visions in the list may be made by the $ 225.1(a) (4);

supplier after the effective date of the (c) $100,000 in the aggregate each agreement upon prior written notice to year for those airlines identified under the airline; $ 225.1(a) (6).

(b) The airline shall issue to each of [ER-412, 29 F.R. 11745, Aug. 18, 1964, as the individuals listed an identification amended by ER-463, 31 F.R. 7508, May 25, card which clearly identifies the individ1966)

ual and states thereon that he is en§ 225.7 Suspension or termination of

titled to use transportation furnished trade agreements by the Board.

pursuant to the named trade agreement

during a stated period; If at any time after the filing of a

(c) Tickets covering transportation trade agreement in accordance with

furnished under a trade agreement shall § 225.2 the Board shall have doubt that

(1) be issued upon the demand of the the transaction is in the public interest,

supplier only; (2) be clearly marked the Board may serve upon the airline

“Non-Transferable”; and (3) be used an order directing it to show cause why only by an individual who has previously such trade agreement should not be

been issued an identification card determinated. Upon service of such order

scribed in paragraph (b) of this section; performance of the agreement shall, (d) The airline shall make such other unless otherwise provided in the order,

arrangements and provisions as are immediately be suspended, and shall not

necessary to ensure that air transportathereafter be commenced or resumed tion furnished will not be used by any. unless and until the Board shall, after

one except the individuals identified or hearing upon such order, or other final described in the agreement; and determination of the matter, permit per

(e) No transportation shall be furformance of the trade agreement to be nished under a trade agreement except commenced or resumed.

in accordance with a ticket issued § 225.8 Exemption from tariff and

therefor. other requirements.

8 225.10 Accounts and records. With respect to air transportation (a) Each airline availing itself of the furnished in accordance with the pro provisions of this part shall maintain a visions of this part, every airline shall, record of each trade agreement entered in connection with the making or per into, which record shall be filed in such formance of trade agreements, be exempt manner as to be accessible and convenfrom the provisions of Part 221 of this ient for examination, and shall contain subchapter and any other regulations the following information: (1) The date hereafter adopted by the Board insofar received and the amount of goods or as any such regulation shall require services supplied; (2) the names and tariffs to show classifications, rules, reg addresses of individuals to whom idenulations, practices, and services, and tification cards were issued under the from the provisions of section 403(b) of trade agreement; and (3) the date furthe Act only insofar as such provisions nished and the amount of the air transwould otherwise require that such air portation furnished under the trade line shall not charge or demand or collect agreement. All correspondence or mem. or receive a greater or different com orandums relating to trade agreements pensation for the air transportation shall be retained and made a part of which it is to furnish pursuant to a the carrier's records; and

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