§301-10.135. Fly America exceptions for foreign air carrier service as a necessity.
41 C.F.R. § 301-10.135
Foreign air carrier service is deemed necessary when U.S. flag air carrier service is available but—
Cannot provide required air transportation; or
Will not accomplish the agency's mission.
Necessity includes circumstances such as—
Medical reasons, including reducing connections and potential delays for individuals needing medical treatment.
Avoiding unreasonable risks to employee safety, which requires a case-by-case agency determination and written agency approval.
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.
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.
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.
Notes, amendments, and revision history
Authority
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.
Source
Source: FTR Case 2025-05, 90 FR 56893, Dec. 8, 2025, unless otherwise noted.