[Code of Federal Regulations]
[Title 41, Volume 4]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR301-10.138]

[Page 32]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
           CHAPTER 301--TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES
 
PART 301-10_TRANSPORTATION EXPENSES--Table of Contents
 
                 Subpart B_Common Carrier Transportation
 
Sec. 301-10.138  In what circumstances is foreign air carrier service 
deemed a matter of necessity?

    (a) Foreign air carrier service is deemed a necessity when service 
by a U.S. flag air carrier is available, but
    (1) Cannot provide the air transportation needed; or
    (2) Will not accomplish the agency's mission.
    (b) Necessity includes, but is not limited to, the following 
circumstances:
    (1) When the agency determines that use of a foreign air carrier is 
necessary for medical reasons, including use of foreign air carrier 
service to reduce the number of connections and possible delays in the 
transportation of persons in need of medical treatment; or
    (2) When use of a foreign air carrier is required to avoid an 
unreasonable risk to your safety and is approved by your agency (e.g., 
terrorist threats). Written approval of the use of foreign air carrier 
service based on an unreasonable risk to your safety must be approved by 
your agency on a case by case basis. An agency determination and 
approval of use of a foreign air carrier based on a threat against a 
U.S. flag air carrier must be supported by a travel advisory notice 
issued by the Federal Aviation Administration and the Department of 
State. An agency determination and approval of use of a foreign air 
carrier based on a threat against Government employees or other 
travelers must be supported by evidence of the threat(s) that form the 
basis of the determination and approval; or
    (3) When you can not purchase a ticket in your authorized class of 
service on a U.S. flag air carrier, and a seat is available in your 
authorized class of service on a foreign air carrier.