WESTERN MICHIGAN UNIVERSITY
"Fly America Act" Exception Request
This form is to determine if conditions warrant waiver of the Fly America Act (41 CFR Part 301-10).
This form must be completed and submitted along with the expense reimbursement request when foreign travel is
booked through a foreign flag carrier and is to be charged to a Federal grant or contract.
Traveler's Name:
Federal Project #:
Travel Dates:
Travel Origin:
Travel Destination:
List or attach detailed itinerary of your travel, name of air carrier and flight number for each leg of the trip:
EXCEPTION CRITERIA AND DESIGNATION
United States law, 49 U.S.C. 40118, or "The Fly America Act", requires travelers whose air travel is being financed by the
U.S. Government to use U.S. flag air carrier service for all international air travel. In cases where a U.S. flag air carrier
does not provide acceptable service for a particular leg of a trip, foreign air carrier service may be used, but only to or
from the nearest interchange point on a usually traveled route to connect with U.S. flag air carrier service. In these
circumstances, the FTR sections 301-10.135 - 138 specify the exception criteria used to determine the non-availability of
a U.S. flag air carrier.
(a) If a U.S. flag air carrier offers nonstop or direct service (no plane change) from your origin to your destination,
you must use the U.S. flag air carrier service unless such use would:
Be three hours or less on a foreign air carrier, and use of the U.S. flag air carrier would at least double your
en route travel time; or
Extend travel time, including delay at origin, by 24 hours or more.
(b) If a U.S. flag air carrier does not offer nonstop or direct service (no plane change) from your origin to
your destination, you must use U.S. flag air carrier service on every portion of the route that it provides
service, unless such use would:
Be three hours or less on a foreign air carrier, and use of the U.S. flag air carrier would at least double your
en route travel time; or
Increase the number of aircraft changes you must make outside of the U.S. by 2 or more; or
Extend your travel time by at least 6 hours or more; or
Require a connecting time of 4 hours or more at an overseas interchange point.
There may be other circumstances beyond a traveler's control which might require the use of a foreign air
carrier. These instances will be reviewed on a case by case basis. (See the following page for more details and
attach a copy of the Agency’s written approval if deemed a matter of necessity under §301-10.138.)
I certify that to the best of my knowledge, the above is a complete and accurate statement.
Traveler's signature:
Date signed:
Principal Investigator’s
signature if not traveler:
Date signed:
Grants Pre-approval
Pre-approval date:
** Please note that cost and/or personal convenience are not included in the exception criteria used to
determine the non-availability of a U.S. flag air carrier. **
FEDERAL TRAVEL REGULATIONS
Use of United States Flag Air Carriers
§301-10.131 What does United States mean?
For purposes of the use of United States flag air carriers, “United States” means the 50 states, the District
of Columbia, and the territories and possessions of the United States(49 U.S.C. 40102).
[Note: Individual agency regulations may define “United States” or “domestic vs. foreign travel”
different from this. See your agreement and the associated terms and conditions of the funding
agency.]
§301-10.132 Who is required to use a U.S. flag air carrier?
Anyone whose air travel is financed by U.S. Government funds, except as provided in §§301-10.135, 301-
10.136, and 301-10.137.
§301-10.133 What is a U.S. flag air carrier?
An air carrier which holds a certificate under 49 U.S.C. 41102 but does not include a foreign air carrier
operating under a permit.
§301-10.134 What is U.S. flag air carrier service?
U.S. flag air carrier service is service provided on an air carrier which holds a certificate under 49 U.S.C.
41102 and which service is authorized either by the carrier’s certificate or by exemption or regulation.
U.S. flag air carrier service also includes service provided under a code share agreement with a foreign air
carrier in accordance with Title 14, Code of Federal Regulations when the ticket, or documentation for an
electronic ticket, identifies the U.S. flag air carrier’s designator code and flight number.
§301-10.135 When must I travel using U.S. flag air carrier service?
You are required by 49 U.S.C. 40118, commonly referred to as the “Fly America Act,” to use U.S. flag air
carrier service for all air travel funded by the U.S. Government, except as provided in §§301-10.136 and
301-10.137 or when one of the following exceptions applies:
(a) Use of a foreign air carrier is determined to be a matter of necessity in accordance with §301-10.138;
or
(b) The transportation is provided under a bilateral or multilateral air transportation agreement to which
the United States Government and the government of a foreign country are parties, and which the
Department of Transportation has determined meets the requirements of the Fly America Act; or
(c) You are an officer or employee of the Department of State, United States Information Agency, United
States International Development Cooperation Agency, or the Arms Control Disarmament Agency, and
your travel is paid with funds appropriated to one of these agencies, and your travel is between two places
outside the United States; or
(d) No U.S. flag air carrier provides service on a particular leg of the route, in which case foreign air
carrier service may be used, but only to or from the nearest interchange point on a usually traveled route
to connect with U.S. flag air carrier service; or
(e) A U.S. flag air carrier involuntarily reroutes your travel on a foreign air carrier; or
(f) Service on a foreign air carrier would be three hours or less, and use of the U.S. flag air carrier would
at least double your en route travel time; or
FEDERAL TRAVEL REGULATIONS
(g) When the costs of transportation are reimbursed in full by a third party, such as a foreign government,
international agency, or other organization.
§301-10.136 What exceptions to the Fly America Act requirements apply when I travel between the
United States and another country?
The exceptions are:
(a) If a U.S. flag air carrier offers nonstop or direct service (no aircraft change) from your origin to your
destination, you must use the U.S. flag air carrier service unless such usewould extend your travel time,
including delay at origin, by 24 hours or more.
(b) If a U.S. flag air carrier does not offer nonstop or direct service (no aircraft change) between your
origin and your destination, you must use a U.S. flag air carrier on every portion of the route where it
provides service unless, when compared to using a foreign air carrier, such use would:
(1) Increase the number of aircraft changes you must make outside of the U.S. by 2 or more; or
(2) Extend your travel time by at least 6 hours or more; or
(3) Require a connecting time of 4 hours or more at an overseas interchange point.
§301-10.137 What exceptions to the Fly America Act requirements apply when I travel solely
outside the United States, and a U.S. flag air carrier provides service between my origin and my
destination?
You must always use a U.S. flag carrier for such travel, unless, when compared to using a foreign air
carrier, such use would:
(a) Increase the number of aircraft changes you must make en route by 2 or more; or
(b) Extend your travel time by 6 hours or more; or
(c) Require a connecting time of 4 hours or more at an overseas interchange point.
§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
FEDERAL TRAVEL REGULATIONS
(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.
§301-10.139 May I travel by a foreign air carrier if the cost of my ticket is less than traveling by a
U.S. flag air carrier?
No. Foreign air carrier service may not be used solely based on the cost of your ticket.
§301-10.140 May I use a foreign air carrier if the service is preferred by or more convenient for my
agency or me?
No. You must use U.S. flag air carrier service, unless you meet one of the exceptions in §301-10.135,
301-10.136, or 301-10.137 or unless foreign air carrier service is deemed a matter of necessity under
§301-10.138.
§301-10.141 Must I provide any special certification or documents if I use a foreign air carrier?
Yes, you must provide a certification, as required in §301-10.142 and any other documents required by
your agency. Your agency cannot pay your foreign air carrier fare if you do not provide the required
certification.
§301-10.142 What must the certification include?
The certification must include:
(a) Your name;
(b) The dates that you traveled;
(c) The origin and the destination of your travel;
(d) A detailed itinerary of your travel, name of the air carrier and flight number for each leg of the trip;
and
(e) A statement explaining why you met one of the exceptions in §301-10.135, 301-10.136, or 301-10.137
or a copy of your agency’s written approval that foreign air carrier service was deemed a matter of
necessity in accordance with §301-10.138.
§301-10.143 What is my liability if I improperly use a foreign air carrier?
You will not be reimbursed for any transportation cost for which you improperly use foreign air carrier
service. If you are authorized by your agency to use U.S. flag air carrier service for your entire trip, and
you improperly use a foreign air carrier for any part of or the entire trip (i.e., when not permitted under
this regulation), your transportation cost on the foreign air carrier will not be payable by your agency. If
your agency authorizes you to use U.S. flag air carrier service for part of your trip and foreign air carrier
service for another part of your trip, and you improperly use a foreign air carrier (i.e., when neither
authorized to do so nor otherwise permitted under this regulation), your agency will pay the transportation
cost on the foreign air carrier for only the portion(s) of the trip for which you were authorized to use
foreign air carrier service. The agency must establish internal procedures for denying reimbursement to
travelers when use of a foreign air carrier was neither authorized nor otherwise permitted under this
regulation.