§ 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.