98-21442. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Federal Register Volume 63, Number 155 (Wednesday, August 12, 1998)]
[Proposed Rules]
[Pages 43239-43240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21442]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION


NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 31

[FAR Case 97-040]
RIN 9000-AH98

Federal Acquisition Regulation; Business Class Airfare

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council are proposing to amend the Federal 
Acquisition Regulation (FAR) to revise the ``travel costs'' cost 
principle to allow, in certain conditions, business class airfare costs 
for flights lasting more than 14 hours. This regulatory action was not 
subject to Office of Management and Budget review under Executive Order 
12866, dated September 30, 1993. This is not a major rule under 5 
U.S.C. 804.

DATES: Comments should be submitted on or before October 13, 1998 to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (MVR), 1800 F Street, 
NW, Room 4035, Washington, DC 20405.
    E-mail comments submitted over Internet should be addressed to: 
[e-mail].
    Please cite FAR case 97-040 in all correspondence related to this 
case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405, [phone], for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Linda Nelson, Procurement Analyst, at (202) 501-
1900. Please cite FAR case 97-040.

SUPPLEMENTARY INFORMATION:

A. Background

    The proposed rule revises paragraph (d) of FAR 31.205-46, travel 
costs, to allow, under certain conditions, contractor costs for 
business class airfare on flights lasting more than 14 hours. This FAR 
revision will make business class airfare requirements for contractor 
personnel consistent with business class airfare requirements in the 
Joint Travel Regulations and the Federal Travel Regulation for 
Government personnel.

B. Regulatory Flexibility Act

    This proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because most 
contracts awarded to small entities use simplified acquisition 
procedures or are awarded on a competitive, fixed-price basis, and do 
not require applications of the cost principle contained in this rule. 
An Initial Regulatory Flexibility Analysis has, therefore, not been 
performed. Comments from small entities concerning the affected FAR 
subpart will be considered in accordance with 5 U.S.C. 610 of the Act. 
Such comments must be submitted separately and should cite 5 U.S.C. 
601, et seq. (FAR case 97-040), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the FAR do not impose recordkeeping or information 
collection requirements, or collections 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. 3501, et seq.

List of Subjects in 48 CFR Part 31

    Government procurement.

    Dated: August 5, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, it is proposed that 48 CFR Part 31 be amended as set 
forth below:

PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES

    1. The authority citation for 48 CFR Part 31 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

    2. Section 31.205-46 is amended by revising paragraph (d) to read 
as follows:


31.205-46   Travel costs.

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    (d)(1) Airfare costs in excess of the lowest customary standard, 
coach, or equivalent airfare offered during normal business hours are 
unallowable, except as permitted in paragraph (d)(2) of this section or 
when it is documented and justified that such standard, coach, or 
equivalent accommodations--

[[Page 43240]]

    (i) Excessively prolong travel;
    (ii) Require circuitous routing;
    (iii) Require travel during unreasonable hours;
    (iv) Result in increased costs that would offset transportation 
savings;
    (v) Are not reasonably adequate for the physical or medical needs 
of the traveler;
    (vi) Are not reasonably available to meet mission requirements; or
    (vii) Are on a foreign carrier that lacks adequate sanitation or 
health standards.
    (2) Business class airfare costs are allowable when all of the 
following apply and are documented:
    (i) Either the origin or destination point is outside the 
continental United States.
    (ii) Scheduled flight time (including stopovers) is in excess of 14 
hours.
    (iii) The traveler does not receive a rest stop en route or a rest 
period upon arrival at the destination point.
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[FR Doc. 98-21442 Filed 8-11-98; 8:45 am]
BILLING CODE 6820-EP-P