Fly America Act 49 U.S.C. 40118 Waiver Documentation for Government Officials

Executive Summary

The Fly America Act (49 U.S.C. 40118) mandates that foreign air travel funded by Federal government resources must utilize U.S. flag air carriers holding certificates under 49 U.S.C. 41102. Proper waiver documentation under GSA Bulletin FTR 11-02 is essential to avoid disallowed contract costs.

Primary Intelligence Question

What are the three explicitly documented waiver exceptions under GSA Bulletin FTR 11-02 that allow federal government travel to deviate from the Fly America Act’s requirement for U.S. flag carriers under 49 U.S.C. 41102?

Key Intelligence

The brief identifies three waiver exceptions under GSA Bulletin FTR 11-02 that permit deviations from the Fly America Act’s mandate for U.S. flag carriers (49 U.S.C. 41102): Open Skies Agreements, where bilateral transport arrangements are active; Involuntary Rerouting, when operational disruptions force the use of a foreign carrier; and Extended Travel Delays, if the travel time exceeds 24 hours due to restrictions on U.S. flag carriers. Documentation of these exceptions at the time of booking is required to demonstrate compliance with FTR 11-02.

Key Waiver Exceptions

• Open Skies Agreements: Valid when specific bilateral transport agreements are active.
• Involuntary Rerouting: Foreign carrier usage forced by operational disruptions.
• Extended Travel Delays: Elapsed travel time extended by 24+ hours if restricted to U.S. flags.

Integration & Tools

Government travel offices and defense contractors should maintain a documented waiver-request workflow tied to each booking: capture the specific 49 U.S.C. 41102 certificate status of the carrier at time of booking, log which waiver exception (Open Skies, involuntary rerouting, or the 24-hour delay threshold) applies, and retain that documentation for the duration of the applicable federal audit window. GSA Bulletin FTR 11-02 compliance is materially easier to demonstrate after the fact when the waiver basis is recorded at booking time rather than reconstructed retroactively.

Frequently Asked Questions

Q1: What are the three waiver exceptions listed for the Fly America Act in the brief?

A1: Open Skies Agreements, Involuntary Rerouting, and Extended Travel Delays of 24 + hours.

Q2: Which GSA bulletin governs the documentation of waivers for Fly America Act travel?

A2: GSA Bulletin FTR 11‑02.

Q3: Under which U.S. Code must an air carrier hold a certificate to qualify as a U.S. flag carrier?

A3: 49 U.S.C. 41102.