Section 3.8 Use of USA Flag Carriers

In accordance with the Fly America Act (49 USC 40118), any air transportation to, from, between, or within a country other than the U.S. of persons or property, the expense of which will be assisted by NSF funding, must be performed by or under a code-sharing arrangement with a U.S.-flag air carrier if service provided by such a carrier is available. Tickets or documentation for electronic tickets must identify the U.S. flag air carrier’s designator code and flight number.

For the purposes of this requirement, U.S.-flag air carrier service is considered available even though:

  1. comparable or a different kind of service can be provided at less cost by a foreign-flag air carrier;
  2. foreign-flag air carrier service is preferred by, or is more convenient for, NSF or traveler; or
  3. service by a foreign-flag air carrier can be paid for in excess foreign currency.

The following rules apply unless their application would result in the first or last leg of travel from or to the U.S. being performed by a foreign-flag air carrier:

  1. a U.S.-flag air carrier shall be used to destination or, in the absence of direct or through service, to the farthest interchange point on a usually traveled route.
  2. if a U.S.-flag air carrier does not serve an origin or interchange point, a foreign-flag air carrier shall be used only to the nearest interchange point on a usually traveled route to connect with a U.S. flag air carrier.