Frequently Asked Questions Regarding Availability or Unavailability of Certificated U.S. Air Carriers

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.
When must I travel using U.S. flag air carrier service?
You are required to use U.S. flag air carrier service for all air travel funded by the U.S. government, except for the following circumstances:
  1. Use of a foreign air carrier is determined to be a matter of necessity, defined as:
    1. when the federal sponsoring 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 of persons in need of medical treatment; or
    2. when the use of a foreign air carrier is required to avoid an unreasonable risk to your safety (e.g., terrorist threats) and is approved by the federal sponsoring agency and supported by a travel advisory notice issued by the Federal Aviation Administration and the Department of State; or
    3. when you cannot purchase a ticket in your authorized class of service on a U.S. flag carrier and a seat is available in your authorized class of service on a foreign air carrier.
  2. The transportation is provided under a bilateral or multilateral air transportation agreement to which the U.S. 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.
  3. No U.S. flag 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.
  4. A U.S. flag air carrier involuntarily reroutes your travel on a foreign air carrier.
  5. 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.
What exceptions to the Fly America Act requirements apply when I travel between the United States and another country?
The exceptions are:
  1. 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 use would extend your travel time, including delay at origin, by 24 hours or more.
  2. 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 or more hours; or
    3. Require a connecting time of 4 hours or more at an overseas connecting point.
What exceptions to the Fly America Act requirements apply when I travel solely outside of the U.S. and a U.S. flag air carrier provides service between my origin and my destination?
You must always use a U.S. flag air carrier for such travel unless, when compared to using a foreign air carrier, such use would:
  1. Increase the number of aircraft changes you must make en route by 2 or more; or
  2. Extend your travel time by 6 hours or more; or
  3. Require a connecting time of 4 hours or more at an overseas interchange point.
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.
May I use a foreign air carrier if the service is preferred by or more convenient for my federal sponsoring agency or me?
No. You must use U.S. flag air carrier service unless you meet one of the exceptions above or unless foreign air carrier service is deemed a matter of necessity.
What is my (personal) 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 a combination of U.S. and foreign air carrier service was used, reimbursement will be allowed for only the U.S. flag air carrier portion of the trip.
If I made a good faith effort to travel using a U.S. flag air carrier and was told by my travel agent that I would be flying on a U.S. flag air carrier, but my ticket shows only foreign air carrier designator codes and/or flight numbers, how can I get reimbursed on my federal award?
Call your travel agent to request documentation attesting to the fact that U.S. flag air carrier service was unavailable in accordance with one of the authorized exceptions or you were involuntarily rerouted by the U.S. flag air carrier to a partner foreign air carrier. Attach this document to your travel report when submitting it for reimbursement.
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Last modified: September 10, 2007 10:54:37