FEDERAL TRAVEL REGULATIONS
Use of United States Flag Air Carriers
§301-10.131 What does United States mean?
For purposes of the use of United States flag air carriers, “United States” means the 50 states, the District
of Columbia, and the territories and possessions of the United States(49 U.S.C. 40102).
[Note: Individual agency regulations may define “United States” or “domestic vs. foreign travel”
different from this. See your agreement and the associated terms and conditions of the funding
agency.]
§301-10.132 Who is required to use a U.S. flag air carrier?
Anyone whose air travel is financed by U.S. Government funds, except as provided in §§301-10.135, 301-
10.136, and 301-10.137.
§301-10.133 What is a U.S. flag air carrier?
An air carrier which holds a certificate under 49 U.S.C. 41102 but does not include a foreign air carrier
operating under a permit.
§301-10.134 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.
§301-10.135 When must I travel using U.S. flag air carrier service?
You are required by 49 U.S.C. 40118, commonly referred to as the “Fly America Act,” to use U.S. flag air
carrier service for all air travel funded by the U.S. Government, except as provided in §§301-10.136 and
301-10.137 or when one of the following exceptions applies:
(a) Use of a foreign air carrier is determined to be a matter of necessity in accordance with §301-10.138;
or
(b) The transportation is provided under a bilateral or multilateral air transportation agreement to which
the United States 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; or
(c) You are an officer or employee of the Department of State, United States Information Agency, United
States International Development Cooperation Agency, or the Arms Control Disarmament Agency, and
your travel is paid with funds appropriated to one of these agencies, and your travel is between two places
outside the United States; or
(d) No U.S. flag air 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; or
(e) A U.S. flag air carrier involuntarily reroutes your travel on a foreign air carrier; or
(f) 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; or