[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Proposed Rules]
[Pages 11576-11577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3970]
[[Page 11576]]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 301-10
[FTR Amendment 2008-01; Docket 2008-0002, Sequence 1]
RIN 3090-AI43
Federal Travel Regulation (FTR); FTR Case 2007-307; Fly America
Act; United States and European Union ``Open Skies'' Air Transport
Agreement (U.S.-EU Open Skies Agreement)
AGENCY: Office of Governmentwide Policy (MTT), General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The GSA is proposing to amend 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 proposed
rule would incorporate language based on the United States and European
Union ``Open Skies'' Air Transport Agreement (U.S.-EU Open Skies
Agreement).
DATES: Comments must be received on or before April 3, 2008.
ADDRESSES: Submit comments identified by FTR case 2007-307 by any of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Search for any document by first selecting the proper document types
and selecting ``General Services Administration--All'' as the agency of
choice. At the ``Keyword'' prompt, type in the FTR case number (for
example, FTR Case 2007-307) and click on the ``Submit'' button. You may
also search for any document by clicking on the ``Advanced search/
document search'' tab at the top of the screen, selecting from the
agency field ``General Services Administration--All'', and typing the
FTR case number in the keyword field. Select the ``Submit'' button.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), Attn: Diedra Wingate, 1800 F Street, NW., Room 4035,
Washington, DC 20405.
Instructions: Please submit comments only and cite FTR case 2007-
307 in all correspondence related to this case. All comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Umeki Thorne, Office of Travel, Transportation and Asset Management
(MT), General Services Administration at (202) 208-7636 or e-mail at
[email protected]. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat (VPR), Room
4035, GS Building, Washington, DC 20405, (202) 501-4755. Please cite
FTR case 2007-307.
SUPPLEMENTARY INFORMATION: On April 30, 2007, the United States
European Union ``Open Skies'' Air Transport Agreement (U.S.-EU Open
Skies Agreement) was signed, providing Community airlines (airlines of
the European Community and its Member States) the right to transport
passengers and cargo on scheduled and charter flights for U.S.
Government procured transportation other than transportation obtained
or funded by the Department of Defense, subject to certain conditions.
Specifically, Community airlines have the right to transport passengers
and cargo on scheduled and charter flights funded by the U.S.
Government, including transportation provided to or for a foreign
country or international or other organization without reimbursement,
when the transportation is between a point in the United States and any
point in a Member State or between any two points outside the United
States except when:
(1) Transportation is between points for which there is a city-pair
contract fare in effect for air passenger transportation services, or
(2) Transportation is obtained or funded by the Secretary of
Defense or the Secretary of a military department.
The Federal Travel Regulation (FTR), section 301-10.135(b) (41 CFR
301-10.135(b)) includes an exception to the use of U.S. flag air
carrier service when the transportation is provided under a bilateral
or multilateral air transportation agreement to which the U.S.
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 the U.S.-EU Open Skies
Agreement is such an air transportation agreement, this proposed rule
would incorporate text into 41 CFR 301-10.135(b) to reflect the content
of the U.S.-EU Open Skies Agreement which allows Government-funded
travel on Community airlines subject to certain conditions.
The U.S.-EU Open Skies Air Transport Agreement, including the
provision relating to U.S. Government procured transportation, has a
provisional application date of March 30, 2008. No regulatory action is
required to implement the provision addressing U.S. Government Procured
Transportation since the Agreement meets the requirements of 49 U.S.C.
40118(b), and the FTR includes a provision referencing that statutory
provision at 41 CFR 301-10.135(b). GSA is issuing this proposed rule to
ensure notice advising of the U.S. Government procured transportation
provisions in the U.S.-EU Open Skies Agreement and the upcoming
effective date, and GSA is requesting comments on the proposed rule for
use in developing the final rule to be included in the FTR with the
objective of making the final rule easy to apply and a readily
available source of information relating to the provisions on U.S.
Government procured transportation included in the Agreement. A listing
of the Member States as found in the U.S.-EU Open Skies Agreement may
be accessed via the Department of State's Web site at http://www.state.gov/e/eeb/rls/othr/2007/84475.htm.
B. Executive Order 12866
This proposed 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 proposed rule is not a major rule under 5 U.S.C. 804.
C. Regulatory Flexibility Act
This proposed 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 proposed
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 proposed 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 7, 2007.
Kevin Messner,
Acting Associate Administrator.
For the reasons set forth in the preamble, it is proposed that 41
CFR
[[Page 11577]]
Chapter 301 be amended to read as follows:
PART 301-10--TRANSPORTATION ALLOWABLE
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. 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) United States-European Union Open Skies Agreement: Under this
Agreement, community airlines have the right to transport passengers on
scheduled and charter flights funded by the U.S. Government, including
transportation provided to or for a foreign country or international or
other organization without reimbursement, when the transportation is
between a point in the United States and any point in a Member State or
between any two points outside the United States except when:
(i) Transportation is between points for which there is a city-pair
contract fare in effect for air passenger transportation services, or
(ii) Transportation is obtained or funded by the Secretary of
Defense or the Secretary of a military department;
(2) A listing of the Member States as found in the U.S.-EU Open
Skies Agreement may be accessed via the Department of State's Web site
at http://www.state.gov/e/eeb/rls/othr/2007/84475.htm; or
* * * * *
[FR Doc. E8-3970 Filed 3-3-08; 8:45 am]
BILLING CODE 6820-14-P