41 CFR § 301-10.135 - Fly America exceptions for foreign air carrier service as a necessity.

---
identifier: "/us/cfr/t41/s301-10.135"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "41 CFR § 301-10.135 - Fly America exceptions for foreign air carrier service as a necessity."
title_number: 41
title_name: "Public Contracts and Property Management"
section_number: "301-10.135"
section_name: "Fly America exceptions for foreign air carrier service as a necessity."
chapter_number: 301
chapter_name: "TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES"
subchapter_number: "B"
subchapter_name: "ALLOWABLE TRAVEL EXPENSES"
part_number: "301-10"
part_name: "10—TRANSPORTATION EXPENSES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 5704; 5 U.S.C. 5707; 5 U.S.C. 5707, note; 40 U.S.C. 121(c); 49 U.S.C. 40118; Office of Management and Budget Circular No. A-126, revised May 22, 1992, 57 FR 22150."
regulatory_source: "FTR Case 2025-05, 90 FR 56893, Dec. 8, 2025, unless otherwise noted."
cfr_part: "301-10"
---


# 301-10.135 Fly America exceptions for foreign air carrier service as a necessity.

(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.