Travel Information
Travel Information
§ 301-3.6 Use of United States Flag Carriers. (1) Definitions. As used in this section, the following definitions apply:
(b) Use of United States flag air carriers.
(i) The Fly America Act. The "Fly America Act"
refers to provisions enacted by section 5 of the International Air Transportation
Fair Competitive Practices Act of 1974 (Pub. L. 93-623, January 3, 1975),
49 U.S.C. App. 1517, as amended by section 21 of the International Air
Transportation Competition Act of 1979 (Pub. L. 96-192, February 15, 1980),
94 Stat. 43.
(ii) U.S. flag air carrier. The term "U.S. flag air carrier"
means an air carrier holding a certificate under section 401 of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1371). Foreign air carriers operating
under permits are excluded.
(iii) United States. For purposes of the Fly America Act, "United
States" means the 50 States, the District of Columbia, and the territories
and possessions of the United States (49 U.S.C. App. 1301(41)).
(iv) Gateway airport in the United States. A "gateway airport in the
United States" means the last airport in the United States from which
the traveler's flight departs, or the first airport in the United States
at which the traveler's flight arrives.
(v) Gateway airport abroad. A "gateway airport abroad" means
the airport abroad from which the traveler last embarks en route to the
United States or at which the traveler first debarks incident to travel
from the United States.
(2) General requirements of the Fly America Act.
The Fly America Act, 49 U.S.C. App. 1517, as implemented by the Comptroller
General's guidelines, Decision B-138942, March 31, 1981, requires Federal
employees and their dependents, consultants, contractors, grantees, and
others performing United States Government financed foreign air travel
to travel by U.S. flag air carriers:
(i) Unless travel by foreign air carrier is a matter of
necessity as defined in paragraph (b)(3) of this section, or
(ii) When U.S. flag air carrier service is available within the guidelines
in paragraphs (b)ÿ1A(4) and (5) of this section.
(3) Necessity for use of foreign air carrier service.
Use of foreign air carrier service may be deemed necessary if a U.S. flag
air carrier otherwise available cannot provide the air transportation needed,
or use of U.S. flag air carrier service will not accomplish the agency's
mission.
(4) Availability of U.S. flag air carrier service.
(i) General. U.S. flag air carrier service is available
even though:
(A) Comparable or a different kind of service can be provided
at less cost by a foreign air carrier;
(B) Foreign air carrier service is preferred by or is more convenient for
the agency or the traveler; or
(C) Service by a foreign air carrier can be paid for in excess foreign
currency, unless U.S. flag air carriers decline to accept excess or near
excess foreign currencies for transportation payable only out of those
monies. (See also paragraph (b)(5)(iv) of this section.)
(ii) Scheduling principles. In determining availability
of U.S. flag air carrier service, the following scheduling principles should
be followed unless their application results in the last or first leg of
travel to and from the United States being performed by foreign air carrier:
(A) U.S. flag air carrier service available at point of
origin should be used to destination or, in the absence of direct or through
service, to the farthest interchange point on a usually traveled route;
(B) Where an origin or interchange point is not served by U.S. flag air
carrier, foreign air carrier service should be used only to the nearest
interchange point on a usually traveled route to connect with U.S. flag
air carrier service; or
(C) Where a U.S. flag air carrier involuntarily reroutes the traveler via
a foreign carrier, the foreign air carrier may be used notwithstanding
the availability of alternative U.S. flag air carrier service.
(5) Guidelines for determining unavailability of U.S.
flag air carrier service.
(i) Travel to and from the United States. Passenger service
by a U.S. flag air carrier will not be considered available when the travel
is between a gateway airport in the United States and a gateway airport
abroad and the gateway airport abroad is:
(A) The traveler's origin or destination airport, and
the use of U.S. flag air carrier service would extend the time in a travel
status, including delay at origin and accelerated arrival at destination,
by at least 24 hours more than travel by foreign air carrier;
(B) An interchange point, and the use of U.S. flag air carrier service
would require the traveler to wait 6 hours or more to make connections
at that point, or delayed departure from or accelerated arrival at the
gateway airport in the United States would extend the time in a travel
status by at least 6 hours more than travel by foreign air carrier.
(ii) Travel between two points outside the United States.
For travel between two points outside the United States, U.S. flag air
carrier service will not be considered to be reasonably available:
(A) If travel by foreign air carrier would eliminate two
or more aircraft changes en-route;
(B) Where one of the two points abroad is the gateway airport en route
to or from the United States, if the use of a U.S. flag air carrier would
extend the time in a travel status by at least 6 hours more than travel
by foreign air carrier, including accelerated arrival at the overseas destination
or delayed departure from the overseas origin, as well as delay at the
gateway airport or other interchange point abroad; or
(C) Where the travel is not part of a trip to or from the United States,
if the use of a U.S. flag air carrier would extend the time in a travel
status by at least 6 hours more than traveled by foreign air carrier including
delay at origin, delay en route and accelerated arrival at destination.
(iii) Short distance travel. For all short distance travel,
regardless of origin and destination, U.S. flag air carrier service will
not be considered available when the elapsed travel time on a scheduled
flight from origin to destination airport by foreign air carrier is 3 hours
or less and service by U.S. flag air carrier would involve twice the travel
time.
(iv) Travel financed solely with excess foreign currencies. U.S. flag air
carriers render themselves unavailable by declining to accept payment in
foreign currencies for transportation services required by certain programs
or activities of the Government which, under legislative authority, are
financed solely with excess foreign currencies which may not be converted
to U.S. dollars. In these instances, and notwithstanding the provisions
of paragraph (b)(4)(i)(C) of this section, foreign flag air carriers that
will accept the required foreign currency may be used to the extent necessary
to accomplish the mission of the particular program or activity. The statement
of justification required under paragraph (c)(3) of this section must indicate
that the transportation service needed can be paid for only in excess foreign
currencies and that otherwise available U.S. flag air carriers declined
to accept payment in the foreign currencies.