C.F.R. » Title 41 » CHAPTER 301—TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES › SUBCHAPTER B—ALLOWABLE TRAVEL EXPENSES › PART 301-10—TRANSPORTATION EXPENSES › Subpart B—Common Carrier Transportation Airline

41 C.F.R. § 301-10.135

Fly America exceptions for foreign air carrier service as a necessity

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(a) Foreign air carrier service is deemed necessary when U.S. flag air carrier service is available but—

(1) Cannot provide required air transportation; or

(2) Will not accomplish the agency's mission.

(b) Necessity includes circumstances such as:

(1) Medical reasons, including reducing connections and potential delays for individuals needing medical treatment.

(2) Avoiding unreasonable risks to employee safety, which requires a case-by-case agency determination and written agency approval.

(3) Threats against U.S. flag air carriers, which must be supported by a travel advisory notice from the Federal Aviation Administration and Department of State.

(4) Threats against a Government employee or other travelers, which must have evidence supporting the threat that form the basis of the agency's determination and approval.

(5) Inability to purchase a ticket in the authorized service class on a U.S. flag air carrier, and there is an available seat in the authorized service class on a foreign air carrier.