Understanding the Fly America Act for Foreign Air Travel

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The Fly America Act mandates that all foreign air travel funded by federal resources must be done through U.S. flag carriers with limited exceptions. This includes specific conditions for using foreign carriers, understanding Open Skies Agreements, and scenarios where a U.S. carrier is required. An example of an allowable flight and an unallowable flight are provided for better comprehension.


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  1. Fly America Act Fly America Act

  2. Basics All foreign air travel that is paid on federal funds must be accomplished through U.S. flag carriers. Alaska Airlines (AS) American Airlines (AA) Continental Airlines (CO) *merged with United 2012 Southwest Airlines (WN) United Airlines (UA) USAirways (US) Delta Airlines (DL) Frontier Airlines (F9) Hawaiian Airlines (HA) JetBlue Airways (B6) Midwest Express (YX) Spirit Airlines (NK) Virgin America (VX) Airtran Airways (FL)

  3. There are very limited exceptions to this. U.S. flag air carrier cannot provide the air transportation needed An Open Skies Agreement Exception applies, and traveler has confirmed the Open Skies Agreement has not been nullified by the existence of a City-Pair Agreement. No U.S. flag air carrier provides service on a particular leg of your route (Travelers can only use foreign air carrier to or from nearest interchange point to connect with a U.S. carrier.) A U.S. flag air carrier involuntarily reroutes traveler on a foreign air carrier. Service on a foreign air carrier is three hours or less, and use of U.S. flag air carrier doubles en route travel time. Air travel is between the U.S. and another country and use of a U.S. carrier on a nonstop flight extends travel time by 24 hours or more. Use of a U.S. carrier increases the number of aircraft changes outside the U.S. by two (2) or more. Use of a U.S. carrier extends travel time by six (6) hours or more. Use of a U.S. carrier requires a connecting time of four hours or more at an overseas interchange point.

  4. Example of an allowable flight: Tue 1-Jun-10 Rome(FCO) Depart 6:35 am to Amsterdam(AMS) Arrive 9:05 am 809 mi (1,302 km) Duration: 2hr 30mn DL Delta Flight: 9447 Operated by: KLM 3Economy/Coach Class ( Seat assignments upon check-in ) Amsterdam(AMS) Depart 10:15 am to Seattle(SEA) Arrive 11:30 am 4,873 mi (7,842 km) Duration: 10hr 15mn DL Delta Flight: 233 3Economy/Coach Class ( 40A ) Seattle(SEA) Depart 1:50 pm to Pullman(PUW) Arrive 2:55 pm 250 mi (402 km) Duration: 1hr 5mn DL Delta Flight: 9162 Operated by: Horizon Air 3Economy/Coach Class ( Seat assignments upon check-in ) Total distance: 5,932 mi (9,547 km) Total duration: 13hr 50mn (17hr 20mn with connections)

  5. Example of an unallowable flight: Sat 22-May-10 Pullman(PUW) Depart 6:45 am to Seattle(SEA) Arrive 7:55 am 250 mi (402 km) Duration: 1hr 10mn AF Air France Flight: 9693 Operated by: Alaska Airlines 3Economy/Coach Class ( 17E ) Seattle(SEA) Depart 1:45 pm to Paris(CDG) Arrive 8:35 am +1 day 5,006 mi (8,056 km) Duration: 9hr 50mn AF Air France Flight: 309 3Economy/Coach Class ( 37F ) Sun 23-May-10 Paris(CDG) Depart 10:00 am to Pisa(PSA) Arrive 11:45 am 520 mi (837 km) Duration: 1hr 45mn AF Air France Flight: 1866 Operated by: Regional Compagnie Aerienne Europeenne 3Economy/Coach Class ( Seat assignments upon check-in ) Total distance: 5,776 mi (9,296 km) Total duration: 12hr 45mn (20hr 0mn with connections)

  6. This is okay: DL Delta Flight 9447 Operated by KLM This is not okay: AF Air France Flight: 9693 Operated by: Alaska Airlines or AF Air France Flight: 309

  7. Fly America Act Waivers found at http://www.uidaho.edu/os p/award/Copy%20of%20fly americaact

  8. When to use a waiver When booking the flight it is found that a U.S. flag carrier is not available for some part of the trip . Before the trip is actually booked. If during the trip an extenuating circumstance takes place. OSP will only accept waivers that conform to the above. All waivers must have back-up documentation attached.

  9. Open Skies Agreement exception A new wrinkle to Fly America Act. U.S. and European Union U.S. and Australia U.S. and Switzerland U.S. and Japan City-Pair agreements (if one exists cannot use this exception) http://apps.fss.gsa.gov/citypairs/search/ For more details http://www.gsa.gov/portal/content/103191

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