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Federal Register
April 12, 2002
Volume 67, Number 71
Rules and Regulations]
Pages 17946-17947
 
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

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The Act also repealed Section 6008 of the Federal Acquisition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

BILLING CODE 6820-14-P

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