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MDCP Fly America Act Waiver
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Note regarding code-sharing: what matters is which airline issues the ticket, not which airline operates the plane.

Allowable Waiver Situations

(Without an approved waiver you must use a U.S. carrier on every portion of the route where one offers service. Note, lower cost is NOT an allowed basis for a waiver.)

Enter or Attach in Grants Online

Basic Info

Support for Justification

1 U.S. service unavailable: U.S. carrier involuntarily re-routes traveler on foreign carrier.


-Names of travelers

-Dates of travel & times when travel will be completed

-Origin & destination

Explain why the waiver is justified per the situations cited at left

Attach document from carrier or travel agent/service.
2 No U.S. carrier serves a particular leg of the trip. Explain that U.S. carriers are not allowed to fly within a foreign country. Or attach search results as described below. (Example)
3 Increased travel time:

When flight from origin to destination airport by foreign air carrier is 3 hours or less.

Use of U.S. carrier extends travel by 6 hours or more.

Attach search results (Kayak, Expedia, etc.):

-Limit search parameters to date/time when travels needs to be completed.

-Do not limit search parameters to non-stop flights.

-Priority sort by time, not by price.

-Include all search result screens.

-For any/all U.S. carriers that show search results, explain why such flighes cannot be used. (Hand-written notes on search reslults really help! For example, "increases travel time by more than 6 hrs.")

4 Use of U.S. carrier doubles travel time.

Air travel between U.S. gateway airport & foreign gateway airport.


Use of nonstop U.S. carrier extends travel by 24 hours or more.
6 Bad foreign connections: U.S. carrier travel... ...increases plane changes outside the U.S. by 2 or more. (Example)
7 ...has 4 hours or more time at foreign interchange point. (Example)
8 Use of a foreign carrier is "a matter of necessity" because: U.S. carrier cannot provide needed transportation a. For medical reasons.

Explain and/or document as appropriate:

-Medical condition.

-U.S. government travel advisory notice that specifically warns to avoid a U.S. carrier on the intended travel destinations of the trip in question.


b. To avoid unreasonable risk to traveler's safety.

c. Seat in authorized class of service is available on foreign carrier.

Attach document from carrier or travel agent/service.

d. Other reasons U.S. carrier cannot provide transportation. (Anything other 8.a.-c.)

Explain and/or document as appropriate.

(Not to be used for more convenient travel or cost considerations.)

e. Use of U.S. carrier will not accomplish DoC's mission.

9 U.S. is party to bi- or multi-lateral agreement okayed by the Dept. of Transportation. As of Oct. 2011, travel aboard carriers flagged in the countries below is treated the same as if it were travel on a U.S. flag carrier: Iceland, Norway, Switzerland, Australia, Japan or the European Union.

Explain that the travel will be on a carrier from one of the approved countries on the bi- or multi-lateral agreement list.


No U.S. air travel segments. (Applies to travelers with a home duty station or place of work that is considered to be a foreign location.)

Explain that traveler is based abroad, not in the United States.




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