Subpart 47.4
Air Transportation by U.S.-Flag Carriers
FAR Subpart 47.4 requires government contractors to use U.S.-flag air carriers for federally funded air transportation, with limited exceptions and strict documentation requirements.
Overview
FAR Subpart 47.4 establishes the requirements for using U.S.-flag air carriers when transporting government personnel, property, or freight by air. This subpart implements the Fly America Act, which mandates that U.S. government-financed international air transportation must use U.S.-flag carriers, with certain exceptions. It defines key terms, outlines the policy, provides implementation guidelines, addresses the use of air freight forwarders, and prescribes required contract clauses. The subpart ensures compliance with statutory requirements to support U.S. carriers and details procedures for exceptions, documentation, and contract administration.
Key Rules
- Scope and Definitions
- Clarifies the applicability of the subpart and defines terms relevant to air transportation by U.S.-flag carriers.
- Policy (Fly America Act)
- Requires the use of U.S.-flag air carriers for government-funded air transportation unless specific exceptions apply.
- Implementation Guidelines
- Provides detailed instructions for applying the Fly America Act, including documentation and exception procedures.
- Air Freight Forwarders
- Addresses the use of freight forwarders and their obligations to comply with U.S.-flag carrier requirements.
- Contract Clauses
- Mandates the inclusion of specific clauses in contracts involving air transportation.
Responsibilities
- Contracting Officers: Ensure contracts comply with U.S.-flag carrier requirements, include necessary clauses, and document exceptions.
- Contractors: Use U.S.-flag carriers when required, maintain records, and justify any exceptions.
- Agencies: Monitor compliance and provide oversight for adherence to the Fly America Act.
Practical Implications
- This subpart exists to promote U.S. economic interests and comply with federal law.
- It impacts travel, shipping, and logistics planning for government contracts.
- Common pitfalls include failure to document exceptions or improper use of non-U.S.-flag carriers.