[Federal Register Volume 63, Number 66 (Tuesday, April 7, 1998)]
[Proposed Rules]
[Pages 16936-16938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8897]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

41 CFR Parts 301-3 and 301-10

RIN 3090-AG73


Federal Travel Regulation; Use of Commercial Transportation, Fly 
America Act

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This rule proposes to amend the Federal Travel Regulation 
(FTR) provisions pertaining to use of U.S. flag air carriers under the 
provisions of the ``Fly America Act.'' This rule will reduce the 
connecting time for use of a U.S. flag air carrier at an overseas 
interchange point, incorporate Comptroller General Decision, B-240956, 
dated September 25, 1991, requiring use of a code share air carrier 
service, and remove the waiting time requirement at gateway airports in 
the United States and gateway airports abroad when determining the 
availability or reasonable availability of a U.S. flag air carrier.

DATES: Comments must be received on or before May 7, 1998.

ADDRESSES: Send comments to the General Services Administration, Office 
of Governmentwide Policy, Office of Transportation and Personal 
Property, Travel and Transportation Management Policy Division (MTT), 
1800 F Street, NW, Washington, DC 20405-0001. Telefax 202-501-0349. E-
mail: [email protected].

FOR FURTHER INFORMATON CONTACT:
    Technical Information: Umeki Thorne, telephone (202) 501-1538.
    FTR ``plain language'' format: Internet GSA, 
[email protected].

SUPPLEMENTARY INFORMATION: Subsection 127(d) of the General Accounting 
Office Act of 1996 (Pub. L. 104-316) amended 49 U.S.C. 40118 to require 
that the Administrator of General Services issue regulations under 
which agencies may permit payment for transportation on a foreign air 
carrier when such transportation is determined necessary. This 
regulation implements the Administrator's authority under the statute, 
identifying when a U.S. flag air carrier is deemed unavailable (for 
transportation between a point in the United States and a point outside 
the United States) or reasonably unavailable (for transportation 
between two points outside the United States). The regulation states 
that an agency may determine that transportation on a foreign air 
carrier is necessary as a result of a medical necessity or a security 
threat and states that where the costs of transportation are reimbursed 
by a third party, such as a foreign government, international agency, 
or other organization, the requirement in 49 U.S.C. 40118 to use a U.S. 
flag air carrier does not apply. This proposed rule is written in the 
``plain language'' style of regulation writing as a continuation of the 
GSA's effort to make the FTR easier to understand and use.
    What is the ``plain language'' style of regulation writing?
    The ``plain language'' style of regulation writing is a new, 
simpler to read and understand, question and answer regulatory format. 
Questions are in the first person, and answers are in the second 
person. GSA uses a ``we'' question when referring to an agency, and an 
``I'' question when referring to the employee.
    What are the significant changes proposed?
    There are significant changes in the proposed rule as compared to 
the Fly America Act provisions currently contained in FTR Sec. 301-3.6. 
The proposed rule would:
    (a) Reduce connecting time at an interchange point for the use of 
U.S. flag air carrier service from 6 hours to 4 hours.
    (b) Implement language from Comptroller General Decision, B-240956, 
dated September 25, 1991, stating that all airline tickets issued under 
a code share arrangement must be issued on U.S. flag air carrier ticket 
stock.
    (c) Implement a new method for calculation of an employee's 
liability for disallowance of expenditures for unauthorized 
transportation on a foreign air carrier.

[[Page 16937]]

    (d) Remove the terms ``gateway airport in the United States'' and 
``gateway airport abroad'' for determining when a U.S. flag air carrier 
is available or reasonably available.
    GSA has determined that this proposed rule is not a significant 
regulatory action for the purposes of Executive Order 12866 of 
September 30, 1993. This proposed rule is not required to be published 
in the Federal Register for notice and comment. Therefore, the 
Regulatory Flexibility Act does not apply. The Paperwork Reduction Act 
does not apply because the proposed revisions do not impose 
recordkeeping or information collection requirements, or the collection 
of information from offerors, contractors, or members of the public 
which require the approval of the Office of Management and Budget under 
44 U.S.C. 501 et seq.

List of Subjects in 41 CFR Parts 301-3 and 301-10

    Government employees, Travel and transportation expenses. For the 
reasons set forth in the preamble, it is proposed that 41 CFR Chapter 
301 be amended to read as follows:

PART 301-3--USE OF COMMERCIAL TRANSPORTATION

    1. The authority citation for 41 CFR part 301-3 continues to read 
as follows:
    Authority: 5 U.S.C. 5707.


Sec. 301-3.6  [Removed]

    2. Section 301-3.6 is removed.

PART 301-10--TRANSPORTATION ALLOWABLE

    3. The authority citation for 41 CFR part 301-10 contineus to read 
as follows:

    Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c); 49 U.S.C. 40118.

    4. Sections 301-10.131 through 301.144 and an undesignated center 
heading are added to read as follows:

Use of United States Flag Air Carrier

Sec.
301-10.131  What does United States mean?
301-10.132  Who is required to use a U.S. flag air carrier?
301-10.133  What is a U.S. flag air carrier?
301-10.134  What is U.S. flag air carrier service?
301-10.135  When must I travel using U.S. flag air carrier service?
301-10.136  What exceptions to the Fly America Act requirements 
apply when I travel between the United States and another country?
301-10.137  What exceptions to the Fly America Act requirements 
apply when I travel solely outside the United States, and a U.S. 
flag air carrier provides service between my origin and destination?
301-10.138  In what circumstances is foreign air carrier service 
deemed a matter of necessity?
301-10.139  May I travel by a foreign air carrier if the cost of my 
ticket is less than traveling by a U.S. flag air carrier?
301-10.140  May I use a foreign air carrier if the service is 
preferred by or more convenient for my agency or me?
301-10.141  May I use foreign air carrier service because the 
foreign air carrier accepts foreign currency?
301-10.142  Must I provide any special certification or documents if 
I use a foreign air carrier?
301-10.143  What must the certification include?
301-10.144  What is my liability if I improperly use a foreign air 
carrier?

Use of United States Flag Air Carriers


Sec. 301-10.131  What does United States mean?

    For purposes of this Sec. 301-10.131 and Secs. 301-10.132 through 
301-10.144 United States means the 50 states, the District of Columbia, 
and the territories and possessions of the United States (49 U.S.C. 
40102).


Sec. 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 Sec. 301-10.135, 301-10.136, and 301-10.137.


Sec. 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.


Sec. 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 as stated in Sec. 301-
10.133. It also includes service provided under a code share agreement 
with a foreign air carrier in accordance with Title 14 of the Code of 
Federal Regulations when the entire ticket is issued by the U.S. flag 
air carrier, and payment is to the U.S. flag air carrier.


Sec. 301-10.135  When must I travel using U.S. flag air carrier 
service?

    You are required by law (49 U.S.C. 40118, 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 Secs. 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 Sec. 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 if the 
agreement:
    (1) Is consistent with the goals for international aviation policy 
contained in 49 U.S.C. 40101(e), and
    (2) Provides for the exchange of rights or benefits of similar 
magnitude; 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
    (g) When the costs of transportation are reimbursed in full by a 
third party, such as a foreign government, international agency, or 
other organization.


Sec. 301-10.136  What exceptions to the Fly America Act requirements 
apply when I travel between the United States and another country?

    The exceptions are:
    (a) If a U.S. flag air carrier offers direct service (i.e., either 
nonstop service or no aircraft change) from your origin to your 
destination, you must use the U.S. flag air carrier service unless such 
use would extend your travel time, including delay at origin, by 24 
hours or more.
    (b) If a U.S. flag air carrier does not offer direct service 
between your origin and your destination, you must use a U.S. flag air 
carrier on every portion of the route where it provides service unless, 
when compared to using a foreign air carrier, such use would:
    (1) Increase the number of aircraft changes you must make outside 
of the U.S. by 2 or more; or

[[Page 16938]]

    (2) Extend your travel time by at least 6 hours or more; or
    (3) Require a connecting time of 4 hours or more at an overseas 
interchange point.


Sec. 301-10.137  What exceptions to the Fly America Act requirements 
apply when I travel solely outside the United States, and a U.S. flag 
air carrier provides service between my origin and my destination?

    You must always use a U.S. flag carrier for such travel, unless, 
when compared to using a foreign air carrier, such use would:
    (a) Increase the number of aircraft changes you must make en route 
by 2 or more; or
    (b) Extend your travel time by 6 hours or more.


Sec. 301-10.138  In what circumstances is foreign air carrier service 
deemed a matter of necessity?

    (a) Foreign air carrier service is deemed a necessity when service 
by a U.S. flag air carrier is available, but
    (1) Cannot provide the air transportation needed, or
    (2) Will not accomplish the agency's mission.
    (b) Necessity includes, but is not limited to, the following 
circumstances when:
    (1) Determined by the agency, use of a foreign air carrier is 
necessary for medical reasons, including use of service by the foreign 
air carrier to reduce the number of connections and possible delays in 
the transportation of persons in need of medical treatment; or
    (2) Use of a foreign air carrier is required to avoid an 
unreasonable risk to your safety and is approved by your agency (e.g., 
terrorist threats); or
    (3) Your program or activity may only be financed, under statute, 
using excess foreign currencies, and all U.S. flag air carriers refuse 
to accept foreign currencies; or
    (4) You can not purchase a ticket in your authorized class of 
service on a U.S. flag air carrier, and a seat is available in your 
authorized class of service on a foreign air carrier.


Sec. 301-10.139  May I travel by a foreign air carrier if the cost of 
my ticket is less than traveling by a U.S. flag air carrier?

    No. Foreign air carrier service may not be used solely based on the 
cost of your ticket.


Sec. 301-10.140  May I use a foreign air carrier if the service is 
preferred by or more convenient for my agency or me?

    No. You must use U.S. flag air carrier service, unless you meet one 
of the exceptions in Secs. 301-10.135, 301-10.136, or Sec. 301-10.137.


Sec. 301-10.141  May I use foreign air carrier service because the 
foreign air carrier accepts foreign currency?

    No, except as provided in Sec. 301-10.138(b)(3).


Sec. 301-10.142  Must I provide any special certification or documents 
if I use a foreign air carrier?

    Yes, you must provide a certification, as required in Sec. 301-
10.143, and any other documents required by your agency. Your agency 
cannot pay your foreign air carrier fare if you do not provide the 
required certification.


Sec. 301-10.143  What must the certification include?

    The certification must include:
    (a) Your name;
    (b) The dates that you traveled;
    (c) The origin and the destination of your travel;
    (d) A detailed itinerary of your travel, name of the air carrier 
and flight number for each leg of the trip; and
    (e) A statement explaining why U.S. flag air carrier service was 
not available (or reasonably available in the case of travel between 
points outside the United States), i.e., why you met one of the 
exceptions in Secs. 301-10.135, 10.136, or 10.137.


Sec. 301-10.144  What is my liability if I improperly use a foreign air 
carrier?

    You will not be reimbursed for any transportation cost for which 
you improperly use foreign air carrier service. If you are authorized 
by your agency to use U.S flag air carrier service for your entire 
trip, and you improperly use a foreign air carrier for any or all of 
the trip, your transportation cost on the foreign air carrier will not 
be payable by your agency. If your agency authorizes you to use U.S. 
flag air carrier service for part of your trip and foreign air carrier 
service for another part of your trip, and you improperly use foreign 
air carrier service, your agency will pay the transportation cost on 
the foreign air carrier for only the portion(s) of the trip for which 
you were authorized to use foreign air carrier service.

    Dated: March 31, 1998.
Becky Rhodes,
Deputy Associate Administrator, Office of Governmentwide Policy.
[FR Doc. 98-8897 Filed 4-6-98; 8:45 am]
BILLING CODE 6820-34-P