[Code of Federal Regulations]

[Title 41, Volume 4]

[Revised as of July 1, 2006]

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.