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section47.401

Definitions

Overview

This section establishes the foundational terminology necessary for interpreting and applying the regulations governing the use of U.S.-flag air carriers for government-funded travel and cargo.

Key Rules

  • U.S.-Flag Air Carrier: Defined strictly as an entity holding a certificate of public convenience and necessity under 49 U.S.C. 41102.
  • Gateway Airports: Identifies the specific "Gateway" points (both in the U.S. and abroad) as the final embarkation or first debarkation points that define the international segment of a trip.
  • International Air Transportation: Broadly encompasses air travel between the U.S. and a foreign location, as well as travel occurring entirely between two locations outside of the United States.
  • Air Freight Forwarder: Clarified as an indirect carrier that takes responsibility for property transportation while utilizing direct air carriers for the actual movement.
  • Geographic Scope: Defines the "United States" to include the 50 States, the District of Columbia, and all outlying areas.

Practical Implications

  • These definitions serve as the baseline for Fly America Act compliance, determining exactly which carriers and routes are legally permissible for reimbursement under federal contracts.
  • Contractors must use the "Gateway" definitions to pinpoint where international travel begins and ends to ensure they are using U.S.-flag carriers for the mandatory portions of an itinerary.

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