[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The Act also repealed Section 6008 of the Federal Acquisition 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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