FAR 47.403—Guidelines for implementation of the Fly America Act.
Plain-English Summary
FAR 47.403 is a short incorporation section that tells readers where the government’s Fly America implementation guidance comes from: the Comptroller General’s March 31, 1981 decision in case B-138942, titled the Guidelines for Implementation of the Fly America Act. In practical terms, this section does not itself restate the full travel rule; instead, it points contracting officers, contractors, and travelers to the authoritative guidance used to apply the Fly America Act in federal travel and transportation decisions. The section matters because the Fly America Act generally requires use of U.S.-flag air carriers for federally funded travel and transportation unless an exception applies, and the Comptroller General guidance helps agencies interpret and administer that requirement consistently. By identifying the source of the implementation rules, FAR 47.403 supports uniform application across contracts, grants, and travel authorizations, and it helps avoid improper use of foreign air carriers when U.S.-flag service is available. In practice, this section signals that compliance depends not only on the statute but also on the detailed government-wide guidance that explains when U.S.-flag service must be used, when exceptions may be allowed, and how agencies should document and enforce those decisions.
Key Rules
Uses Comptroller General guidance
This section incorporates the Comptroller General’s 1981 Fly America implementation guidelines as the governing interpretive source. Users should rely on that guidance to understand how the Fly America Act is applied in practice.
Points to the Fly America Act
The section is tied to the statutory requirement that federally funded air travel generally use U.S.-flag carriers. It exists to connect the FAR framework to the underlying legal rule and its implementing interpretation.
Supports consistent application
By referencing a single government-wide guidance document, the section promotes uniform treatment across agencies and contracts. This reduces the risk of inconsistent approvals or denials of foreign-carrier travel.
Requires exception analysis
The implementation guidance is used to determine when an exception to U.S.-flag service may be permitted. In practice, travelers and contracting personnel must evaluate whether a foreign carrier is allowed under the applicable exception criteria.
Documentation and compliance focus
The section implies that agencies must be able to justify travel decisions under the Fly America framework. Proper records are important when a non-U.S.-flag carrier is used or when a waiver or exception is claimed.
Responsibilities
Contracting Officer
Apply the Fly America implementation guidance when drafting, administering, or approving contract travel requirements. Ensure contract terms and travel approvals align with the U.S.-flag carrier preference and any allowable exceptions.
Agency Travel/Transportation Officials
Use the Comptroller General guidelines to evaluate travel requests, determine whether U.S.-flag service is required, and document any approved exceptions or waivers.
Contractor
Plan and perform federally funded travel in accordance with the Fly America requirements and the implementing guidance. Use U.S.-flag carriers when required and retain support for any exception relied upon.
Traveler/Employee
Select air transportation consistent with the Fly America rules and agency instructions. Before booking foreign air service, confirm that an exception applies and that the decision is properly authorized.
Agency
Maintain policies and internal controls that implement the Fly America Act consistently with the Comptroller General guidance. Train personnel, review compliance, and enforce documentation requirements.
Practical Implications
This section is a pointer, not a full rule text, so users must consult the Comptroller General guidance and related FAR/agency travel rules to know the exact requirements.
The biggest day-to-day issue is booking the wrong carrier: if U.S.-flag service is available and no exception applies, using a foreign carrier can create a compliance problem.
Travel approvers should verify the basis for any exception before authorizing payment, because unsupported exceptions can lead to questioned costs or reimbursement issues.
Contractors should build Fly America checks into travel planning and expense review processes, especially for international trips and code-share flights.
Documentation matters: keep evidence of carrier availability, exception justification, and approval so the agency can defend the travel decision if audited or reviewed.
Official Regulatory Text
This section 47.403 is based on the Guidelines for Implementation of the Fly America Act (case number B-138942), issued by the Comptroller General of the United States on March 31,1981.