[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