A code-share agreement is an arrangement where two or more airlines share the same flight. In these arrangements, a U.S. air carrier may sell a seat on a flight that is actually operated by a foreign air carrier under a different flight number or code. However, compliance with the Fly America Act is satisfied only when the ticket or documentation for an electronic ticket identifies the U.S.-flag air carrier's designator code and flight number.

See the example below, where Delta Airlines has a code-share agreement with Air France.

Compliant: Delta Airlines (DL) 8399, shown as DL8399 on the ticket, e-ticket, or boarding pass.

Non-Compliant: Air France (AF) 0337, shown as AF0337 on the ticket, e-ticket, or boarding pass.

Documentation Requirements

To satisfy regulatory agreements that a flight is FAA compliant under a code-share agreement, travelers must retain documentation that confirms the U.S.-flag air carrier's designator code and flight number. This information is located on the ticket, e-ticket, or boarding pass. The traveler is responsible for retaining the appropriate document as proof of compliance.

Below is a list of the U.S.-flag air carriers and their codes:

• AirTran Airways (FL)

• Alaska Airlines (AS)

• American Airlines (AA)

• Delta Airlines (DL)

• Frontier Airlines (F9)

• Hawaiian Airlines (HA)

• JetBlue Airways (B6)

• Southwest Airlines (WN)

• Spirit Airlines (NK)

• United Airlines (UA)

• US Airways (US)

View the FY22 Domestic & International Code Shares (retrieved from the U.S. General Services Administration travel website).

There are only four Open Skies Agreements that have been determined to meet Fly America Act compliance requirements by the U.S. Department of Transportation.

These agreements represent the biggest exceptions to the Fly America Act because they allow use of foreign air carriers that provide services under a bilateral or multilateral air transportation agreement to which the United States Government and the government of a foreign country are parties.

Below are the four Open Skies Agreements in effect. Select a destination for important requirements about each agreement.

Open Skies Agreement U.S. & European Union (EU) including Norway and Iceland

• EU Member Countries

Open Skies Agreement U.S. & Australia

Open Skies Agreement U.S. & Japan

Open Skies Agreement U.S. & Switzerland

Important Notes:

1. Open Skies Agreements do not apply if travel is funded by the Department of Defense (DOD), including the U.S. Military (Army, Navy, and Air Force).

2. Travel under certain Open Skies Agreements can be restricted if a City Pair rate is in effect for the specified travel route. If a City Pair rate is in effect, then travel must be provided by a U.S.-flag air carrier, unless another authorized exception applies.

There are some circumstances where it’s not reasonable to use a U.S. flag air carrier, and you can make an exception to the Fly America Act. These circumstances are:

1. When a U.S. air carrier is not available.
2. When using a U.S. carrier service would extend the travel time by 24 hours or more.
3. When a U.S. carrier does not offer a nonstop or direct flight between origin and destination, and using a U.S. carrier:
   • Increases the number of aircraft changes outside the United States by two or more;
   • Extends travel time by six hours or more; or
   • Requires a connecting time of four hours or more at an overseas interchange point.
4. When the flight time from origin to destination is less than three hours and using a U.S. flag carrier doubles the flight time.
5. When there is an applicable Open Skies Agreement in effect that meets the requirements of the Fly America Act.
6. The exceptions provided by the Open Skies Agreements for government-funded travel do not apply if your transportation is funded by the Department of Defense (DOD).

Note: Ticket cost and convenience are NOT exceptions to the Fly America Act.

Specific Exceptions for Travel between the U.S. and a Foreign Country

• Use of a nonstop U.S.-flag air carrier would extend travel time by more than 24 hours.

• Use of a U.S.-flag air carrier without nonstop service that would: 

  • Require aircraft changes outside the U.S. by two or more 

  • Extend travel time by at least six hours or more 

  • Require a connecting time of four hours or more at an overseas point

Specific Exceptions for Travel between Two Points Outside of the U.S.

Use of a U.S.-flag air carrier would:

• Require aircraft changes outside the U.S. by two or more

• Extend travel time by at least six hours or more

• Require a connecting time of four hours or more at an overseas point