[Federal Register Volume 67, Number 71 (Friday, April 12, 2002)]
[Rules and Regulations]
[Pages 17946-17947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8756]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 301-10 and 301-53
[FTR Amendment 104]
RIN 3090-AH57
Federal Travel Regulation; Using Promotional Materials and
Frequent Traveler Programs
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Final rule.
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SUMMARY: This final rule amends the Federal Travel Regulation (FTR) to
remove those provisions requiring that promotional benefits, including
frequent flyer miles, earned on official travel are considered the
property of the Government and may only be used for official travel. On
December 28, 2001, The President signed into law a provision that
Federal employees may retain such promotional items for personal use.
DATES: This final rule is effective April 12, 2002 and applies to
travel performed before, on, or after December 28, 2001.
FOR FURTHER INFORMATON CONTACT: Jim Harte, Program Analyst (Travel
Team Leader and Facilitator) at telephone (202) 501-0483.
SUPPLEMENTARY INFORMATION:
A. Background
Pursuant to Section 1116 of the National Defense Authorization Act
for Fiscal Year 2002 (the Act) (Public Law 107-107, December 28, 2001),
the General Services Administration (GSA) is issuing regulations
allowing Federal employees to retain and make personal use of
promotional items earned while on official Government travel. A Federal
traveler who receives a promotional item such as frequent flyer miles,
upgrades, or access to carrier clubs or facilities received as a result
of using travel or transportation services obtained at Federal
Government expense, or accepted under section 1353 of title 31, United
States Code, may retain the promotional item for personal use, if the
promotional item is obtained under the same terms as those offered to
the general public and at no additional cost to the Federal Government.
The Act also repealed Section 6008 of the Federal Acquisition
Streamlining Act of
[[Page 17947]]
1994 (5 U.S.C. 5702 note; Public Law 103-355) that had previously
prohibited personal retention of such promotional items.
B. Executive Order 12866
GSA has determined that this final rule is not a significant
regulatory action for the purposes of Executive Order 12866 of
September 30, 1993.
C. Regulatory Flexibility Act
This final rule is not required to be published in the Federal
Register for notice and comment; therefore, the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does 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.
E. Small Business Regulatory Enforcement Fairness Act
This final rule is also exempt from congressional review prescribed
under 5 U.S.C. 801 since it relates solely to agency management and
personnel.
List of Subjects in 41 CFR Parts 301-10 and 301-53
Government employees, Travel and transportation expenses.
For the reasons set forth in the preamble, 41 CFR Chapter 301 is
amended as follows:
PART 301-10--TRANSPORTATION EXPENSES
1. The authority citation for 41 CFR part 301-10 continues to read
as follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c); 49 U.S.C. 40118.
2. Section 301-10.123 is amended by adding a note at the end of the
section to read as follows:
Sec. 301-10.123 When may I use first-class airline accommodations?
* * * * *
Note to Sec. 301-10.123: You may upgrade to first-class at your
personal expense, including through redemption of frequent flyer
benefits.
3. Section 301-10.124 is amended by:
a. Revising the phrase ``paragraphs (a) through (j) of this
section'' in the introductory text to read ``paragraphs (a) through (i)
of this section''.
b. Removing paragraph (g) and redesignating paragraphs (h), (i),
and (j) as paragraphs (g), (h), and (i), respectively.
c. Adding a note at the end of the section to read as follows:
Sec. 301-10.124 When may I use premium-class other than first-class
airline accommodations?
* * * * *
Note to Sec. 301-10.124: You may upgrade to premium-class other
than first-class at your personal expense, including through
redemption of frequent flyer benefits.
4. Part 301-53 is revised to read as follows:
PART 301-53--USING PROMOTIONAL MATERIALS AND FREQUENT TRAVELER
PROGRAMS
Sec.
301-53.1 To whom do the pronouns ``I'', ``you'', and their variants
refer throughout this part?
301-53.2 What may I do with promotional benefits or materials I
receive from a travel service provider?
301-53.3 How may I use frequent traveler benefits?
301-53.4 May I select travel service providers for which my agency
is not a mandatory user in order to maximize my frequent traveler
benefits?
301-53.5 Are there exceptions to the mandatory use of contract
city-pair fares and an agency's travel management system?
301-53.6 Is a denied boarding benefit considered a promotional item
for which I may retain compensation received from an airline whether
voluntary or involuntary?
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
Sec. 301-53.1 To whom do the pronouns ``I'', ``you'', and their
variants refer throughout this part?
The pronouns ``I'', ``you'', and their variants throughout this
part refer to the employee.
Sec. 301-53.2 What may I do with promotional benefits or materials I
receive from a travel service provider?
Any promotional benefits or materials received from a travel
service provider in connection with official travel may be retained for
personal use, if such items are obtained under the same conditions as
those offered to the general public and at no additional cost to the
Government.
Sec. 301-53.3 How may I use frequent traveler benefits?
You may use frequent traveler benefits earned on official travel to
obtain travel services for a subsequent official travel assignment(s);
however, you may also retain such benefits for your personal use,
including upgrading to a higher class of service.
Sec. 301-53.4 May I select travel service providers for which my
agency is not a mandatory user in order to maximize my frequent
traveler benefits?
No, you may not select a traveler service provider based on whether
it provides frequent traveler benefits. You must use the travel service
provider for which your agency is a mandatory user. This includes
contract passenger transportation services and travel management
systems. You may not choose a travel service provider to gain frequent
traveler benefits for personal use. (Also see Secs. 301-10.109 and 301-
10.110 of this chapter.)
Sec. 301-53.5 Are there exceptions to the mandatory use of contract
city-pair fares and an agency's travel management system?
Yes, the exceptions are in accordance with Secs. 301-10.107 and
301-10.108 of this chapter for the mandatory use of a contract city-
pair fare, and Sec. 301-73.103 of this chapter for the mandatory use of
a travel management system.
Sec. 301-53.6 Is a denied boarding benefit considered a promotional
item for which I may retain compensation received from an airline
whether voluntary or involuntary?
A denied boarding benefit (e.g., cash, free ticket coupon) is not a
promotional item given by an airline. See the provisions of Sec. 301-
10.116 of this chapter when an airline denies you a seat (involuntary)
and Sec. 301-10.117 of this chapter when you vacate your seat
(voluntary).
Dated: April 1, 2002.
Stephen A. Perry,
Administrator of General Services.
[FR Doc. 02-8756 Filed 4-11-02; 8:45 am]
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