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B-138942 1 (1981-10-26)

handle is hein.gao/gaobabkfu0001 and id is 1 raw text is: 



           UI        UNITED STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, D.C. 20548


Orca or GENERAL COUNSEL


          B-138942                           October 26, 1981



          Mr. Alfred H. Neal, Jr.
          Transportation Division
          Department of State
          Washington, D.C. 20520

          Dear Mr. Neal:

               This is in reply to your letter of September 21, 1981,
          requesting our comments on whether a proposed amendment to
          the Foreign Affairs Manual provisions concerning family
          visitation travel would be consistent with the Fly America
          Act guidelines, B-138942, issued March 31, 1981, implement-
          ing 49 U.S.C. 1517, as amended. We believe that the proposed
          amendment is consistent with paragraph 1 of the guidelines,
          which allows use of foreign air carrier service if U.S. air
          carrier service cannot provide the foreign air transportation
          needed.

               The proposed amendment would allow the official
          authorizing family visitation travel to formulate a routing
          using less U.S. air carrer service when he determines that
          the routing otherwise determined in accordance with the
          guidelines constitutes a serious risk to the health or wel-
          fare of an unaccompanied child * * *.  Routings regarded
          as involving a serious risk to the health or welfare of an
          unaccompanied child include those that require overnight
          lodgings, a change of airport terminals, or unusually short
          or long stopovers at an interchange point.

               Our Office has recognized that U.S. air carrier service
          otherwise available under the guidelines nonetheless may not
          meet the agency's needs where it involves an unreasonable
          risk to the traveler's safety. For example, where overnight
          accommodations could not be assured at an interchange point,
          we affirmed an agency determination to authorize use of
          foreign air carriers to avoid U.S. air carrier routings
          requiring overnight connections at that point. See 57 Comp.
          Gen. 519, 522 (1978). We believe that determinations to
          authorize foreign air carrier travel in the interest of the
          safety and well being of an unaccompanied child as described
          in the proposed amendment would be analogous to the agency
          determination sanctioned in 57 Comp. Gen. 519, supra. We



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