[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR228.22]

[Page 1041-1042]
 
                       TITLE 22--FOREIGN RELATIONS
 
            CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT
 
PART 228_RULES ON SOURCE, ORIGIN AND NATIONALITY FOR COMMODITIES 
AND SERVICES FINANCED BY USAID--Table of Contents
 
  Subpart C_Conditions Governing the Eligibility of Commodity-Related 
                      Services for USAID Financing
 
Sec. 228.22  Air transportation.

    (a) The eligibility of air transportation is determined by the flag 
registry of the aircraft. The term ``U.S. flag air carrier'' means one 
of a class of air carriers holding a certificate under Section 401 of 
the Federal Aviation Act of 1958 (49 U.S.C. 1371) authorizing operations 
between the United States or its territories and one or more foreign 
countries.
    (b) For air transport financed under USAID grants, there is a U.S. 
Government statute that requires the use of U.S. flag air carriers for 
all international air travel and transportation, unless such service is 
not available. When U.S. flag air carriers are not available, any 
Geographic Code 935 flag air carrier may be used.
    (c) Different requirements may be authorized in the implementing 
document if the transaction is financed under a USAID loan.
    (d) The Comptroller General's memorandum (B-138942), dated March 31, 
1981, entitled ``Revised Guidelines for

[[Page 1042]]

Implementation of the Fly America Act'', established criteria for 
determining when U.S. flag air carriers are unavailable. See 48 CFR 
47.403-1, or USAID Optional Standard Provision on ``Air Travel and 
Transportation'' for grants and cooperative agreements.
    (e) While the Comptroller General's memorandum does not establish 
specific criteria for determining when freight service is unavailable, 
it is USAID's policy that such service is not available when the 
following criteria are met:
    (1) When no U.S. flag air carrier provides scheduled air freight 
service from the airport serving the shipment's point of origin and a 
non-U.S. flag carrier does;
    (2) When the U.S. flag air carrier(s) serving the shipment's point 
of origin decline to issue a through air waybill for transportation at 
the shipment's final destination airport;
    (3) When use of a U.S.-flag air carrier would result in delivery to 
final destination at least seven days later than delivery by means of a 
non-U.S. carrier;
    (4) When the total weight of the consignment exceeds the maximum 
weight per shipment which the U.S. flag air carrier will accept and 
transport as a single shipment and a non-U.S. flag air carrier will 
accept and transport the entire consignment as a single shipment;
    (5) When the dimensions (length, width, or height) of one or more of 
the items of a consignment exceed the limitations of the U.S. flag 
aircraft's cargo door opening, but do not exceed the acceptable 
dimensions for shipment on an available non-U.S. flag scheduled air 
carrier.

[61 FR 53616, Oct. 15, 1996; 62 FR 314, Jan. 3, 1997]