[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2396-2397]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-21]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 301-10
[FTR Amendment 2009-02; FTR Case 2009-302; Docket 2009-0001; Sequence
02]
RIN 3090-AI43
Federal Travel Regulation (FTR); Fly America Act; United States
and European Union ``Open Skies'' Air Transport Agreement (US-EU Open
Skies Agreement)
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: GSA is amending the Federal Travel Regulation (FTR) provisions
pertaining to the use of United States Flag air carriers under the
provisions of the ``Fly America Act.'' This final rule incorporates
language that informs readers where to find additional information
regarding bilateral or multilateral air transportation agreements to
which the United States Government and the government of a foreign
country are parties, and which the Department of Transportation has
determined meets the requirements of the Fly America Act. As these
agreements qualify as exceptions to the use of U.S. flag air service
pursuant to FTR section 41 CFR 301-10.135(b), this final rule advises
of an Internet based source of information regarding the use of foreign
air carriers under the terms of these bilateral or multilateral
agreements.
DATES: This final rule is effective on January 15, 2009.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VPR), Room
4041, GS Building, Washington, DC 20405, (202) 208-7312, for
information pertaining to status or publication schedules. For
clarification of content, contact Mr. Rodney R. Miller, Office of
Travel, Transportation and Asset Management (MT), General Services
Administration at (202) 501-3822 or e-mail at Rodney.miller@gsa.gov.
Please cite FTR Amendment 2009-02; FTR case 2009-302.
SUPPLEMENTARY INFORMATION:
A. Background
Passengers are required by 49 U.S.C. 40118, commonly referred to as
the ``Fly America Act,'' to use United States flag air carrier service
for all air travel funded by the United States Government. One
exception to this requirement is transportation provided under a
bilateral or multilateral air
[[Page 2397]]
transportation agreement to which the United States Government and the
government of a foreign country are parties, and which the Department
of Transportation has determined meets the requirements of the Fly
America Act.
The United States Government has entered into several air
transportation agreements which allow federally-funded passengers to
use foreign air carriers under certain circumstances. For example, on
April 30, 2007, the United States-European Union ``Open Skies'' Air
Transport Agreement (US-EU Open Skies Agreement) was signed, providing
EU member airlines the right to transport passengers and cargo on
scheduled and charter flights funded by the United States Government
under certain conditions. On March 4, 2008, GSA published a proposed
rule in the Federal Register (73 FR 11576) with a request for comments
concerning a proposal that would incorporate the US-EU Open Skies
Agreement language pertaining to United States Government funded
travelers into the FTR. Only one comment was received from the
Association of Private Voluntary Organization Financial Managers
(APVOFM). APVOFM strongly supported the proposed rule.
However, since the issuance of the proposed rule, the United States
has also signed air transport agreements with Australia and Switzerland
that include text relating to United States Government procured
transportation. The provisions in both the Australia and Switzerland
agreements became effective on October 1, 2008.
Accordingly, rather than amend the FTR to include language from
these agreements, and thereafter amending the FTR each time future
agreements are signed, GSA is issuing this final rule to provide for an
Internet based source (http://www.gsa.gov/openskies) of information
relating to air transportation agreements that impact United States
Government funded transportation. This approach will allow GSA to
quickly provide and update relevant information to Federal agencies as
new agreements are signed or current agreements are amended without
invoking the regulatory process. In the future, if GSA determines that
further guidance is necessary, GSA will issue FTR Bulletins as
appropriate.
B. Executive Order 12866
This final rule is not a significant regulatory action and,
therefore, was not subject to review under Section 6(b) of Executive
Order 12866, Regulatory Planning and Review, dated September 30, 1993.
This final rule is not a major rule under 5 U.S.C. 804.
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 the changes to
the FTR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501, 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 to agency management and personnel.
List of Subjects in 41 CFR Part 301-10
Government employees, Travel and transportation expenses.
Dated: December 12, 2008.
James A. Williams,
Acting Administrator of General Services.
0
For the reasons set forth in the preamble, GSA amends 41 CFR part 301-
10 as follows:
PART 301-10--TRANSPORTATION ALLOWABLE
0
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. 121(c); 49 U.S.C. 40118;
Office of Management and Budget Circular No. A-126, ``Improving the
Management and Use of Government Aircraft'' Revised April 28, 2006.
0
2. Amend Sec. 301-10.135 by revising paragraph (b) to read as follows:
Sec. 301-10.135 When must I travel using U.S. Flag air carrier
service?
* * * * *
(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, and
which the Department of Transportation has determined meets the
requirements of the Fly America Act.
(1) Information on bilateral or multilateral air transportation
agreements impacting United States Government procured transportation
can be accessed at http://www.gsa.gov/openskies; and
(2) If determined appropriate, GSA may periodically issue FTR
Bulletins providing further guidance on bilateral or multilateral air
transportation agreements impacting United States Government procured
transportation. These bulletins may be accessed at http://www.gsa.gov/
bulletins.
* * * * *
[FR Doc. E9-560 Filed 1-14-09; 8:45 am]
BILLING CODE 6820-14-P