[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2396-2397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-560]


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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 <a href="/cdn-cgi/l/email-protection#db89b4bfb5bea2f5b6b2b7b7bea99bbca8baf5bcb4ad"><span class="__cf_email__" data-cfemail="f6a4999298938fd89b9f9a9a9384b6918597d8919980">[email protected]</span></a>. 
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


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