Federal Travel Regulation (FTR); FTR Case 2009-309, Premium Class Travel and Transportation Allowances, 55145-55151 [E9-25749]

Download as PDF Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations Environmental Control, 2600 Bull St., Columbia, South Carolina 29201. * * * * * (RR) State of Tennessee: Tennessee Department of Environment and Conservation, Division of Air Pollution Control, 401 Church Street, 9th Floor, L&C Annex, Nashville, Tennessee 37243–1531. Knox County Air Quality Management—Department of Public Health, 140 Dameron Avenue, Knoxville, Tennessee 37917. Air Pollution Control Bureau, Metropolitan Health Department, 311 23rd Avenue North, Nashville, Tennessee 37203. Chattanooga-Hamilton County Air Pollution Control Bureau, 6125 Preservation Drive, Chattanooga, Tennessee 37416. Memphis-Shelby County Health Department—Air Pollution Control Program, 814 Jefferson Avenue, Memphis, Tennessee 38105. * * * * * [FR Doc. E9–25728 Filed 10–26–09; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 41 CFR Parts 300–70, 301–2, 301–10, 301–13, 301–50, 301–70, 301–71, Appendix C to Chapter 301, 304–3, and 304–5 [FTR Amendment 2009–06; FTR Case 2009– 309; Docket Number 2009–0014, Sequence 1] RIN 3090–AI98 Federal Travel Regulation (FTR); FTR Case 2009–309, Premium Class Travel and Transportation Allowances pwalker on DSK8KYBLC1PROD with RULES AGENCY: Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Final rule. SUMMARY: The General Services Administration (GSA) is amending the Federal Travel Regulation (FTR) by implementing recommendations contained in the September 2007, Government Accountability Office (GAO) report, ‘‘Premium Class Travel: Internal Control Weaknesses Governmentwide Led to Improper and Abusive Use of Premium Class Travel’’ (GAO–07–1268). This final rule strengthens the management and accountability measures related to the use of premium class transportation accommodations by Federal employees while on official business travel. VerDate Nov<24>2008 16:23 Oct 26, 2009 Jkt 220001 DATES: Effective date: This final rule is effective November 27, 2009. Applicability date: This final rule is applicable to travel performed on and after November 27, 2009. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (MVPR), Room 4041, GS Building, Washington, DC, 20405, (202) 501–4755, for information pertaining to status or publication schedules. For clarification of content, contact Mr. Rick Miller, Office of Governmentwide Policy, at (202) 501– 3822 or e-mail at rodney.miller@gsa.gov. Please cite FTR Amendment 2009–06; FTR case 2009–309. SUPPLEMENTARY INFORMATION: A. Background This final rule implements recommendations contained in the GAO report, ‘‘Premium Class Travel: Internal Control Weaknesses Governmentwide Led to Improper and Abusive Use of Premium Class Travel’’ (GAO–07–1268). In the report, GAO made five recommendations to GSA to improve management and oversight of premium class travel. One recommendation by GAO is that GSA establish an internal central oversight office for travel management with authority over agency travel policies and programs. GSA has created the Center for Policy Evaluation which works with Federal agencies to identify opportunities for Governmentwide improvements in travel and transportation. The other four recommendations are addressed in this final rule and should strengthen requirements related to the authorization and use of premium class transportation accommodations by requiring more extensive reporting on premium class travel, including business-class, for Temporary Duty travel (TDY) and Permanent Change of Station (PCS) relocations; requiring agencies to define what constitutes a rest period upon arrival; requiring agencies to develop and issue internal guidance that explains when mission criteria and the intent of that mission call for premium class transportation accommodations; requiring annual certifications for medical disabilities or other special needs accommodations; and clarifying other specific provisions of the FTR which relate to premium class transportation accommodations. Accordingly, this final rule amends the FTR by: 1. Section 300–70.100—Adding the requirement that agencies report the use of all ‘‘other than coach-class’’ transportation accommodations which exceed the coach-class fare. PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 55145 2. Section 300–70.101— Clarifies where agencies may obtain information regarding reporting requirements for use of other than coach-class transportation accommodations. 3. Section 300–70.102— Adding the requirement that agencies submit their other than coach-class transportation information to GSA no later than 60 days after the end of each fiscal year, including negative reports. 4. Section 300–70.103— Deleting the current section 300–70.103; redesignating current section 300–70.104 as section 300–70.103; replacing the words ‘‘first-class’’ with ‘‘other than coach-class’’; and clarifying the current regulation for submitting negative reports when reporting data is also protected from public disclosure. 5. Section 301–2.5— Replacing the words ‘‘first-class or business-class’’ with ‘‘other than coach-class’’. 6. Section 301–10.105— Replacing the words ‘‘business-class or first-class’’ with ‘‘other than coach-class’’. 7. Section 301–10.121— Revising the definition of the classes of accommodations offered by air carriers. 8. Section 301–10.123— Replacing the words ‘‘first-class’’ with ‘‘other than coach-class’; reformatting and revising the current regulation to include the current provisions of section 301– 10.124; adding the requirement for annual certification of a disability or special need of a traveler; and adding the requirement for a one-time certification of a disability or special need of a traveler who has a lifelong condition. 9. Section 301–10.124— Deleting the current regulation and replacing it with clarification regarding the use of coachclass seating upgrade programs. 10. Section 301–10.125— Adding a new section on clarification regarding the use of the 14-hour rule. 11. Section 301–10.160— Amending and re-designating current section 301– 10.160 paragraphs(c) and (d) as section 301–10.160(c)(1) and (c)(2). 12. Section 301–10.161 - Replacing the words ‘‘first-class’’ with ‘‘other than coach-class’’. 13. Section 301–10.162— Replacing the words ‘‘first-class’’ with ‘‘other than coach-class’’; clarifying the current regulation; adding the requirement for annual certification of a disability or special need of a traveler; adding the requirement for a one-time certification of a disability or special need of a traveler who has a lifelong condition; and adding a new exception as to when a traveler may use a higher class of train service. 14. Section 301–10.164— Clarifying the current regulation regarding the use E:\FR\FM\27OCR1.SGM 27OCR1 pwalker on DSK8KYBLC1PROD with RULES 55146 Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations of a higher class of train service other than the lowest available class of accommodations. 15. Section 301–10.182— Replacing the words ‘‘first-class’’ with ‘‘other than lowest first-class’’. 16. Section 301–10.183— Replacing the words ‘‘first-class’’ with ‘‘other than lowest first-class’’; adding the requirement for annual certification of a disability or special need of a traveler; and adding the requirement for a onetime certification of a disability or special need of a traveler who has a lifelong condition. 17. Section 301–13.3— Replacing the term ‘‘Premium-class’’ with ‘‘other than coach-class’’. 18. Section 301–50.8—Replacing the words ‘‘first-class or business-class’’ with ‘‘other than coach-class’’. 19. Section 301–70.102— Adding the requirement that agencies develop and publish internal guidance that identify the specific mission criteria that justify the authorization and use of other than coach-class or lowest first-class transportation accommodations. Adding the requirement that agencies develop and define what constitutes a rest period upon arrival at a temporary duty location. 20. Section 301–71.105— Replacing the words ‘‘first-class or business-class’’ with ‘‘other than coach-class’’. 21. Appendix C to Chapter 301, Standard Data Elements for Federal Travel—Renaming Table entitled ‘‘Travel Expense Information (Standard Data Elements for Federal Travel’’) to read ‘‘Standard Expense Data for Federal Travel (Travel Expense Information’’); and replacing the words ‘‘First-class and Business-class’’ with ‘‘Other than coach-class’’ and replacing the words ‘‘Non-first-class and Nonbusiness-class’’ with the words ‘‘Coachclass’’ in Tables ‘‘Standard Data Elements for Federal Travel (Commercial Transportation Information)’’ and newly designated ‘‘Standard Data Expense for Federal Travel (Travel Expense Information)’’. 22. Section 304–3.9—Replacing the words ‘‘business-class’’ with ‘‘other than coach-class’’ and reformatting and revising the current regulation to include the current provisions of section 304–3.10. 23. Section 304–3.10—Removing and reserving section 304–3.10. 24. Section 304–5.5—Replacing the words ‘‘business-class’’ with ‘‘other than coach-class’’ and reformatting and revising the current regulation to include the current provisions of section 304–5.6. 25. Section 304–5.6—Deleting the current section 304–5.6 and re- VerDate Nov<24>2008 16:23 Oct 26, 2009 Jkt 220001 designating current section 304–5.7 as section 304–5.6. B. Executive Order 12866 This 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 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 solely to agency management and personnel. List of Subjects in 41 CFR Parts 300–70, 301–2, 301–10, 301–13, 301–50, 301–70, 301–71, Appendix C to Chapter 301, 304–3, and 304–5. Government employees, Travel and transportation expenses. Dated: September 4, 2009. Paul F. Prouty, Acting Administrator of General Services For the reasons set forth in the preamble, under 5 U.S.C. 5701–5709 and 31 U.S.C. 1353, GSA amends 41 CFR Parts 300–70, 301–2, 301–10, 301– 13, 301–50, 301–70, 301–71, Appendix C to Chapter 301, 304–3, and 304–5 to read as follows: ■ PART 300–70—AGENCY REPORTING REQUIREMENTS 1. The authority citation for 41 CFR Part 300–70 is revised to read as follows: ■ Authority: 5 U.S.C. 5707; 5 U.S.C. 5738, 5 U.S.C. 5741–5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; E.O. 11609, as amended, 3 CFR, 1971– 1973 Comp. p. 586. PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 Subpart B [Amended] 2. Amend the heading to Subpart B by removing ‘‘First-Class’’ and adding ‘‘Other Than Coach-Class’’ in its place. ■ § 300–70.100 [Amended] 3. Amend § 300–70.100, in the section heading, by removing ‘‘first-class’’ and adding ‘‘other than coach-class’’ in its place. ■ 4. Revise § 300–70.101 to read as follows: ■ § 300–70.101 Where can we find what information we are required to report? GSA will issue a Bulletin which will inform agencies of the required information and reporting format(s) for any trip in which the agency authorized and paid for transportation that exceeded the use of coach-class or lowest first-class accommodations. Negative submissions are required. Bulletins regarding the Federal Travel Regulation are located on the Internet at www.gsa.gov/bulletin. ■ 5. Revise § 300–70.102 to read as follows: § 300–70.102 How often must we report the required information? You must annually submit the required information to GSA no later than 60 days after the end of each fiscal year. § 300–70.103 ■ [Removed] 6. Remove § 300–70.103. § 300–70.104 70.103] [Redesignated as § 300– 7. Section § 300–70.104 is redesignated as § 300–70.103. ■ 8. Revise the newly-designated § 300– 70.103 to read as follows: ■ § 300–70.103 Are there any exceptions to the reporting requirement? Yes. You are not required to report data that is protected from public disclosure by statute or Executive Order. However, you are required to submit, in a cover letter to GSA, the following aggregate information. (a) Aggregate number of authorized other than coach-class trips that are protected from disclosure; (b) Total cost of actual other than coach-class fares paid that exceeded the coach-class fare; and (c) Total cost of coach class fares that would have been paid for the same travel. NOTE to § 300–70.103: If the aggregate information is also protected from public disclosure then a negative report must be submitted to GSA. E:\FR\FM\27OCR1.SGM 27OCR1 Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations CHAPTER 301—TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES PART 301–2—GENERAL RULES 9. The authority citation for 41 CFR Part 301–2 continues to read as follows: ■ Authority: 5 U.S.C 5707; 31 U.S.C. 1353; 49 U.S.C. 40118. 10. Amend § 301–2.5 by revising paragraph (a) to read as follows: ■ § 301–2.5 What travel arrangements require specific authorization or prior approval? * * * * * (a) Use of other than coach-class service on common carrier transportation; * * * * * PART 301–10—TRANSPORTATION EXPENSES 11. The authority for 41 CFR Part 301– 10 continues to read as follows: ■ Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 40 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. (2) Business-class. A class of accommodation offered by airlines that is higher than coach and lower than first-class, in both cost and amenities. This class of accommodation is generally referred to as ‘‘business, business elite, business first, world business, connoisseur, or envoy’’ depending on the airline. Note to § 301–10.121: If an airline flight has only two classes of accommodations available, i.e., two ‘‘cabins’’, with two distinctly different seating types (such as girth and pitch) and the front cabin is termed ‘‘business-class’’ or higher by the airline and the tickets are fare-coded as business-class, then the front of the cabin is deemed to be other than coach-class. Alternatively, if an airline flight has only two cabins available but equips both with one type of seating, (i.e., seating girth and pitch are the same in both cabins), and the seats in the front of the airplane are fare coded as full-fare economy class, and only restricted economy fares are available in the back of the aircraft, then the entire aircraft is to be classified as coachclass seating. In this second situation, qualifying for other than coach-class travel is not required to purchase a non-restricted economy fare seat in the front of the aircraft as the entire aircraft is considered ‘‘coachclass.’’ ■ 12. Amend § 301–10.105 by revising paragraph (b) to read as follows: ■ § 301–10.105 What are the basic requirements for using airlines? § 301–10.123 When may I use other than coach-class airline accommodations? * Government travelers are required to exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business when making official travel arrangements, and therefore, should consider the least expensive class of travel that meets their needs. You may use the lowest other than coach-class airline accommodations only when your agency specifically authorizes/approves such use as specified in paragraphs (a) and (b) of this section. (a) Your agency may authorize/ approve first class accommodations if any of the following apply: (1) No coach-class accommodations are reasonably available. ‘‘Reasonably available’’ means available on an airline that is scheduled to leave within 24 hours of your proposed departure time, or scheduled to arrive within 24 hours of your proposed arrival time; (2) When use of other than coachclass is necessary to accommodate a medical disability or other special need. (i) A disability must be certified annually in a written statement by a competent medical authority. However, if the disability is a lifelong condition, then a one-time certification statement is required. Certification statements must include at a minimum: 14. Revise § 301–10.123 to read as follows: * * * * (b) Using coach-class service, unless other than coach-class service is authorized: * * * * * ■ 13. Revise § 301–10.121 to read as follows: pwalker on DSK8KYBLC1PROD with RULES § 301–10.121 What classes of airline accommodations are available? Airlines are constantly updating their offerings. However, for the purposes of this regulation, the classes of available air accommodations are identified and defined as follows: (a) Coach-class. The basic class of accommodation by airlines that is normally the lowest fare offered regardless of airline terminology used. For reference purposes only, coach-class may also be referred to by airlines as ‘‘tourist class,’’ ‘‘economy class,’’ or as ‘‘single class’’ when the airline offers only one class of accommodations to all travelers. (b) Other than coach-class. Any class of accommodations above coach-class, e.g., first-class or business-class. (1) First-class. The highest class of accommodation offered by the airlines in terms of cost and amenities. This is generally termed ‘‘first-class’’ by airlines and reservation systems. VerDate Nov<24>2008 16:23 Oct 26, 2009 Jkt 220001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 55147 (A) A written statement by a competent medical authority stating that special accommodation is necessary; (B) An approximate duration of the special accommodation; and (C) A recommendation as to the suitable class of transportation accommodations based on the disability. (ii) A special need must be certified annually in writing according to your agency’s procedures. However, if the special need is a lifelong condition, then a one-time certification statement is required; (iii) If you are authorized under § 301–13.3(a) of this Subchapter to have an attendant accompany you, your agency may also authorize the attendant to use other than coach-class accommodations if you require the attendant’s services en route; (3) When exceptional security circumstances require other than coachclass airline accommodations. Exceptional security circumstances are determined by your agency and should only be authorized up to the minimum other than coach-class accommodation necessary. These circumstances include, but are not limited to: (i) Use of coach-class accommodations would endanger your life or Government property; (ii) You are an agent on protective detail and you are accompanying an individual authorized to use other than coach-class accommodations; or (iii) You are a courier or control officer accompanying controlled pouches or packages; (4) When required because of agency mission, consistent with your agency’s internal procedures pursuant to § 301– 70.102(i). (b) Your agency may authorize/ approve business-class accommodations if any of the following apply: (1) When use of other than coachclass is necessary to accommodate a medical disability or other special need. (i) A disability must be certified annually in a written statement by a competent medical authority. However, if the disability is a lifelong condition, then a one-time certification statement is required. Certification statements must include at a minimum: (A) A written statement by a competent medical authority stating that special accommodation is necessary; (B) An approximate duration of the special accommodation; and (C) A recommendation as to the suitable class of transportation accommodations based on the disability. (ii) A special need must be certified annually in writing according to your E:\FR\FM\27OCR1.SGM 27OCR1 pwalker on DSK8KYBLC1PROD with RULES 55148 Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations agency’s procedures. However, if the special need is a lifelong condition, then a one-time certification statement is required; (iii) If you are authorized under § 301–13.3(a) of this Subchapter to have an attendant accompany you, your agency may also authorize the attendant to use other than coach-class accommodations if you require the attendant’s services en route; (2) When exceptional security circumstances require other than coachclass airline accommodations. Exceptional security circumstances are determined by your agency and should only be authorized to the minimum other than coach-class accommodation necessary to meet the agency’s mission. These circumstances include, but are not limited to: (i) Use of coach-class accommodations would endanger your life or Government property; (ii) You are an agent on protective detail and you are accompanying an individual authorized to use other than coach-class accommodations; or (iii) You are a courier or control officer accompanying controlled pouches or packages; (3) Coach-class accommodations on an authorized/approved foreign air carrier do not provide adequate sanitation or health standards; (4) Regularly scheduled flights between origin/destination points (including connecting points) provide only other than coach-class accommodations and you certify such on your voucher; (5) Your transportation costs are paid in full through agency acceptance of payment from a non-Federal source in accordance with Chapter 304 of this Title; (6) Where the origin and/or destination are OCONUS, and the scheduled flight time, including stopovers and change of planes, is in excess of 14 hours, in accordance with § 301–10.125; (7) The use results in an overall cost savings to the Government by avoiding additional subsistence costs, overtime, or lost productive time while awaiting coach-class accommodations; (8) No space is available in coachclass accommodations in time to accomplish the mission, which is urgent and cannot be postponed; or (9) When required because of agency mission, consistent with your agency’s internal procedures pursuant to § 301– 70.102(i). Note 1 to § 301–10.123: You may upgrade to other than coach-class accommodations at your personal expense, including through redemption of frequent flyer benefits. VerDate Nov<24>2008 16:23 Oct 26, 2009 Jkt 220001 Note 2 to § 301–10.123: Blanket authorization of other than coach-class transportation accommodations is prohibited and shall be authorized on an individual tripby-trip basis, unless the traveler has an upto-date documented disability or special need. 15. Revise § 301–10.124 to read as follows: ■ § 301–10.124 What are coach-class Seating Upgrade Programs? Sometimes these programs are called ‘‘Coach Elite,’’ ‘‘Coach Plus,’’ ‘‘Preferred Coach’’ or some other identifier. Under these airline programs, a passenger may obtain for a fee a more desirable seat choice within the coach-class cabin. These airline upgrade or preferred seat choices are generally available for an annual fee, at an airport kiosk or gate or as a frequent flier perk. These coach upgrade options are not considered a new or higher class of accommodation since the seating is still in the coach cabin. However, the use of these upgraded/preferred coach seating options is generally a traveler’s personal choice and therefore is at the traveler’s personal expense. An agency travel authorization approving official or his/ her designee (e.g., supervisor of the traveler) may authorize and reimburse the additional seat choice fee, according to internal agency policy. ■ 16. Add § 301–10.125 to read as follows: § 301–10.125 When may I use the 14-hour rule to travel other than coach-class (see § 301–10.123(b)(6))? (a) You may use the 14-hour rule to travel via other than coach-class when: (1) The origin and/or destination are OCONUS; and (2) The scheduled flight time, including non-overnight stopovers and change of planes, is in excess of 14 hours; and (3) You are required to report to duty the following day or sooner. (b) Scheduled flight time is the flight time between the originating departure point and the ultimate arrival point including scheduled non-overnight time spent at airports during plane changes. Scheduled non-overnight time does not include time spent at the originating or ultimate arrival airports. (c) If other than coach-class accommodation is authorized based on the 14-hour rule then you will not be eligible for a rest stop en route or a rest period upon arrival at your duty site, in accordance with internal agency procedures pursuant to § 301–70.102(j). ■ 17. Amend § 301–10.160 by revising paragraph (c), removing paragraph (d), and adding a note to the section to read as follows: PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 § 301–10.160 What classes of train accommodations are available? * * * * * (c) Other than coach-class - Any class of accommodations above coach, e.g., first-class or business-class. (1) First-class—Includes bedrooms, roomettes, club service, parlor car accommodations or other premium accommodations. (2) Business-class—A class of extra fare train service that is offered above coach class, but is lower than first-class, as described above. Note to § 301–10.160: If a train only has two classes of accommodations available, i.e., first and business class, then the business class is deemed to be classified as coach-class for purposes of official travel, as it is the lowest class offered. 18. Revise § 301–10.161 to read as follows: ■ § 301–10.161 What class of train accommodations must I use? You must use coach-class accommodations for all train travel, except when your agency authorizes other than coach-class service. ■ 19. Revise § 301–10.162 to read as follows: § 301–10.162 When may I use other than coach-class train accommodations? You may use other than coach-class train accommodations only when your agency specifically authorizes/approves this use under paragraphs (a) through (e) of this section. (a) No coach-class accommodations are reasonably available on a train that is scheduled to leave within 24 hours of your proposed departure time, or scheduled to arrive within 24 hours of your proposed arrival time; (b) When use of other than coachclass accommendations is necessary to accommodate a medical disability or other special need. (1) A disability must be certified annually in a written statement by a competent medical authority. However, if the disability is a lifelong condition, then a one-time certification statement is required. Certification statements must include at a minimum: (i) A written statement by a competent medical authority stating that special accommodation is necessary; (ii) An approximate duration of the special accommodation; and (iii) A recommendation as to the suitable class of transportation accommodations based on the disability. (2) A special need must be certified annually in writing according to your agency’s procedures. However, if the special need is a lifelong condition, then E:\FR\FM\27OCR1.SGM 27OCR1 Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations a one-time certification statement is required; (3) If you are authorized under § 301– 13.3(a) of this Subchapter to have an attendant accompany you, your agency may also authorize the attendant to use other than coach-class accommodations if you require the attendant’s services en route; (c) When exceptional security circumstances require other than coachclass rail accommodations. Exceptional security circumstances are determined by your agency and should only be authorized to the minimum other than coach-class accommodation necessary to meet the agency’s mission. These circumstances include, but are not limited to: (1) Use of coach-class accommodations would endanger your life or Government property; (2) You are an agent on protective detail and you are accompanying an individual authorized to use other than coach-class accommodations; or (3) You are a courier or control officer accompanying controlled pouches or packages; (d) Coach-class accommodations on an authorized/approved foreign rail carrier do not provide adequate sanitation or health standards; or (e) When required because of agency mission, consistent with your agency’s internal procedures pursuant to § 301– 70.102(i). ■ 20. Revise § 301–10.164 to read as follows: § 301–10.164 When may I use extra-fare train service? You may use extra-fare train service whenever your agency determines it is more advantageous to the Government or is required for security reasons. Extrafare train service is considered to be a class above the lowest class offered on any particular train and must be authorized/approved as provided in § 301–10.162. ■ 21. Amend § 301–10.182 by revising paragraphs (a) and (b) to read as follows: § 301–10.182 What classes of ship accommodations are available? pwalker on DSK8KYBLC1PROD with RULES * * * * * (a) Other than lowest first-class—All classes above the lowest first-class, includes but is not limited to a suite. (b) Lowest first-class—The least expensive class of reserved accommodations available on a ship. ■ 22. Amend § 301–10.183 by revising the introductory paragraph and paragraphs (b) and (c), and adding paragraph (d), to read as follows: VerDate Nov<24>2008 16:23 Oct 26, 2009 Jkt 220001 § 301–10.183 What class of ship accommodations must I use? You must use the lowest first-class accommodations when traveling by ship, except when your agency specifically authorizes/approves your use of other than lowest first-class ship accommodations under paragraphs (a) through (d) of this section. * * * * * (b) When use of other than lowest first-class accommodations is necessary to accommodate a medical disability or other special need. (1) A disability must be certified annually in a written statement by a competent medical authority. However, if the disability is a lifelong condition, then a one-time certification statement is required. Certification statements must include at a minimum: (i) A written statement by a competent medical authority stating that special accommodation is necessary; (ii) An approximate duration of the special accommodation; and (iii) A recommendation as to the suitable class of transportation accommodations based on the disability. (2) A special need must be certified annually in writing according to your agency’s procedures. However, if the special need is a lifelong condition, then a one-time certification statement is required; (3) If you are authorized under § 301– 13.3(a) of this Subchapter to have an attendant accompany you, your agency may also authorize the attendant to use other than lowest first-class class accommodations if you require the attendant’s services en route; (c) When exceptional security circumstances require other than lowest first-class travel. Exceptional security circumstances are determined by your agency and should only be authorized to the minimum other than lowest firstclass travel accommodation necessary to meet the agency’s mission. These circumstances include, but are not limited to: (1) The use of lowest first-class accommodations would endanger your life or Government property; or (2) You are an agent on protective detail and you are accompanying an individual authorized to use other than lowest first-class accommodations; or (3) You are a courier or control officer accompanying controlled pouches or packages. (d) When required because of agency mission, consistent with your agency’s internal procedures pursuant to § 301– 70.102(i). PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 55149 PART 301–13—TRAVEL OF AN EMPLOYEE WITH SPECIAL NEEDS 23. The authority citation for 41 CFR Part 301–13 continues to read as follows: ■ Authority: 5 U.S.C. 5707. 24. Amend § 301–13.3 by revising paragraph (f) to read as follows: ■ § 301–13.3 What additional travel expenses may my agency pay under this Part? * * * * * (f) Other than coach-class accommodations to accommodate your special need, under Subpart B of Part 301–10 of this Subchapter; and * * * * * PART 301–50—ARRANGING FOR TRAVEL SERVICES 25. The authority citation for 41 CFR Part 301–50 continues to read as follows: ■ Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c). 26. Amend § 301–50.8 by revising paragraph (a)(2) to read as follows: ■ § 301–50.8 Are there any limits on travel arrangements I may make? * * * * * (a) * * * (2) You may use other than coachclass accommodations only under §§ 301–10.123 and 301–10.162, and lowest first-class accommodations only under § 301–10.183 of this Chapter; and * * * * * PART 301–70—INTERNAL POLICY AND PROCEDURE REQUIREMENTS 27. The authority citation for 41 CFR Part 301–70 is revised to read as follows: ■ Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec 2, Pub. L. 105–264, 112 Stat. 2350 (5 U.S.C. 5701, note), Office of Management and Budget Circular No. A–126, ‘‘Improving the Management and Use of Government Aircraft,’’ revised May 22, 1992 and OMB Circular No. A–123, Appendix B, ‘‘Improving the Management of Government Charge Card Programs,’’ revised January 15, 2009. 28. Amend § 301–70.102 by revising paragraph (b)(1); removing ‘‘and’’ at the end of paragraph (g); removing the period at the end of paragraph (h)(3) and adding a semicolon in its place; and adding paragraphs (i) and (j) to read as follows: ■ § 301–70.102 What governing policies must we establish for authorization and payment of transportation expenses? * * * (b) * * * E:\FR\FM\27OCR1.SGM 27OCR1 * * 55150 Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations (1) Use of other than coach-class transportation accommodations for air and rail under §§ 301–10.123 and 301– 10.162, and lowest first-class accommodations for ship under § 301– 10.183 of this chapter. * * * * * (i) Develop and issue internal guidance on what specific mission criteria justify approval of the use of other than coach-class transportation under §§ 301–10.123(a)(4), 301– 10.123(b)(9), and 301–10.162(e) or the use of other than lowest first-class under § 301–10.183(d). The justification criteria shall be entered in the remarks section of the traveler’s travel authorization; and (j) Develop and publish internal guidance regarding what constitutes a rest period upon arrival at a temporary duty location. § 301–71.105 Must we issue a written or electronic travel authorization in advance of travel? Authority: 5 U.S.C 5707; 40 U.S.C. 121(c); Sec 2., Pub L. 105–264, 112 Stat. 2350 (5 U.S.C 5701, note). * * * * (a) Use of other than coach-class service accommodation on common carriers or use of other than lowest firstclass accommodation on ships; * * * * * ■ 31. Amend Appendix C to Chapter 301 by revising the tables under the headings ‘‘Commercial Transportation Information’’ and ‘‘Travel Expense Information’’ to read as follows: 30. Amend § 301–71.105 by revising paragraph (a) to read as follows: Appendix C to Chapter 301—Standard Data Elements for Federal Travel PART 301–71–AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS 29. The authority citation for 41 CFR Part 301–71 continues to read as follows: ■ ■ * * * * * * COMMERCIAL TRANSPORTATION INFORMATION Group name Data elements Transportation Payment .................................................................. ........................................ Method Indicator .............................................................................. GTR ............................... Central Billing Account .. Government Charge Card. Cash .............................. Payment ID Number ...... Transportation Payment Identification Number ............................... Transportation Method Indicator ...................................................... Local Transportation Indicator ......................................................... Air (other than coachclass). Air (coach-class) ............ Non-contract Air, Train, Other. POV, Car rental, Taxi, Other. Description Method employee used to purchase transportation tickets. U.S. Government Transportation Request. A contractor centrally billed account. In accordance with and as provided by agency guidelines. A number that identifies the payment for the transportation tickets, according to agency guidelines, e.g., GTR number, Govt. contractorissued charge card number. Common carrier used as transportation to TDY location. Identifies local transportation used while on TDY. TRAVEL EXPENSE INFORMATION Group name Data elements Description Per Diem .......................................................................................... Total Number of Days ... The number of days traveler claims to be on per diem status, for each official travel location. The amount of money traveler claims as per diem expense. Total Amount Claimed ... Travel Advance ................................................................................ Lodging, Meals & Incidentals. Advance Outstanding .... Remaining Balance ....... Subsistence ..................................................................................... Actual Days ................... ........................................ pwalker on DSK8KYBLC1PROD with RULES Total Actual Amount ...... Transportation Method Cost ............................................................ Air (other than coachclass). The amount of travel advance outstanding, when the employee files the travel claim. The amount of the travel advance that remains outstanding. Total number of days the employee charged actual subsistence expenses. The number of days must be expressed as a whole number. Total amount of actual subsistence expenses claimed as authorized. Actual subsistence rate, per day, may not exceed the maximum subsistence expense rate established for official travel by the Federal Travel Regulation. The amount of money the transportation actually cost the traveler, entered according to method of transportation. Air (coach-class) ............ Non-contract Air, Train .. Other .............................. Local Transportation (in, around, or about the temporary duty station) .............................................................................................. VerDate Nov<24>2008 16:23 Oct 26, 2009 Jkt 220001 PO 00000 Frm 00062 Bus or other form of transportation. POV mileage ................. Total number of miles driven in POV. Fmt 4700 Sfmt 4700 E:\FR\FM\27OCR1.SGM 27OCR1 Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations 55151 TRAVEL EXPENSE INFORMATION—Continued Group name Data elements Description POV mileage expense .. Total amount claimed as authorized based on mileage rate. Different mileage rates apply based on type and use of the POV. Constructive cost ............................................................................. Car rental, Taxis, Other Constructive cost ........... Reclaim ............................................................................................ Reclaim amount ............ Total Claim ....................................................................................... Total claim ..................... * * * * * PART 304–3—EMPLOYEE RESPONSIBILITY 32. The authority citation for 41 CFR Part 304–3 continues to read as follows: ■ Authority: 5 U.S.C. 5707; 31 U.S.C. 1353. 33. Revise § 304–3.9 to read as follows: ■ § 304–3.9 May I use other than coach-class accommodation on common carriers or other than lowest first-class accommodations on ships when a nonFederal source pays in full for my transportation expenses to attend a meeting? Yes, you may use other than coachclass accommodation on common carriers if you meet one of the criteria contained in § 301–10.123 or § 301– 10.162 or you may use other than lowest first-class travel if you meet one of the criteria contained in § 301–10.183 of this Title, and are authorized to do so by your agency in accordance with § 304–5.5 of this Chapter. § 304–3.10 ■ [Removed and Reserved] 35. The authority citation for 41 CFR Part 304–5 continues to read as follows: ■ Authority: 5 U.S.C. 5707; 31 U.S.C. 1353 36. Revise § 304–5.5 to read as follows: ■ pwalker on DSK8KYBLC1PROD with RULES ■ [Removed] 37. Remove § 304–5.6. § 304–5.7 [Redesignated as § 304–5.6] 38. Section § 304–5.7 is redesignated as § 304–5.6. ■ [FR Doc. E9–25749 Filed 10–26–09; 8:45 am] BILLING CODE 6820–14–S DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 Suspension of Community Eligibility PART 304–5—AGENCY RESPONSIBILITIES § 304–5.5 May we authorize an employee to travel by other than coach-class on common carriers or other than lowest firstclass on ships if we accept payment in full from a non-Federal source for such transportation expenses? Yes, you may authorize an employee to travel by other than coach-class on common carriers or other than lowest first-class on ships as long as the: 16:23 Oct 26, 2009 § 304–5.6 [Docket ID FEMA–2008–0020; Internal Agency Docket No. FEMA–8101] 34. Remove and reserve § 304–3.10. VerDate Nov<24>2008 (a) Non-Federal source makes full payment for such transportation services in advance of travel; and (b) Transportation accommodations furnished are comparable in value to those offered to, or purchased by other similarly situated meeting attendees; and (c) Travel meets at least one of the conditions in §§ 301–10.123, 301– 10.162, and 301–10.183 of this Title. Jkt 220001 AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 The difference between the amount authorized to spend versus the amount claimed. An amount of money previously denied as reimbursement for which additional justification is now provided. The sum of the amount of money claimed for per diem, actual subsistence, mileage, transportation method cost, and other expenses. effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. DATES: Effective Dates: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their E:\FR\FM\27OCR1.SGM 27OCR1

Agencies

[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Rules and Regulations]
[Pages 55145-55151]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25749]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

41 CFR Parts 300-70, 301-2, 301-10, 301-13, 301-50, 301-70, 301-71, 
Appendix C to Chapter 301, 304-3, and 304-5

[FTR Amendment 2009-06; FTR Case 2009-309; Docket Number 2009-0014, 
Sequence 1]
RIN 3090-AI98


Federal Travel Regulation (FTR); FTR Case 2009-309, Premium Class 
Travel and Transportation Allowances

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration (GSA) is amending the 
Federal Travel Regulation (FTR) by implementing recommendations 
contained in the September 2007, Government Accountability Office (GAO) 
report, ``Premium Class Travel: Internal Control Weaknesses 
Governmentwide Led to Improper and Abusive Use of Premium Class 
Travel'' (GAO-07-1268). This final rule strengthens the management and 
accountability measures related to the use of premium class 
transportation accommodations by Federal employees while on official 
business travel.

DATES: Effective date: This final rule is effective November 27, 2009. 
Applicability date: This final rule is applicable to travel performed 
on and after November 27, 2009.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (MVPR), 
Room 4041, GS Building, Washington, DC, 20405, (202) 501-4755, for 
information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Rick Miller, Office of 
Governmentwide Policy, at (202) 501-3822 or e-mail at 
rodney.miller@gsa.gov. Please cite FTR Amendment 2009-06; FTR case 
2009-309.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule implements recommendations contained in the GAO 
report, ``Premium Class Travel: Internal Control Weaknesses 
Governmentwide Led to Improper and Abusive Use of Premium Class 
Travel'' (GAO-07-1268). In the report, GAO made five recommendations to 
GSA to improve management and oversight of premium class travel. One 
recommendation by GAO is that GSA establish an internal central 
oversight office for travel management with authority over agency 
travel policies and programs. GSA has created the Center for Policy 
Evaluation which works with Federal agencies to identify opportunities 
for Governmentwide improvements in travel and transportation. The other 
four recommendations are addressed in this final rule and should 
strengthen requirements related to the authorization and use of premium 
class transportation accommodations by requiring more extensive 
reporting on premium class travel, including business-class, for 
Temporary Duty travel (TDY) and Permanent Change of Station (PCS) 
relocations; requiring agencies to define what constitutes a rest 
period upon arrival; requiring agencies to develop and issue internal 
guidance that explains when mission criteria and the intent of that 
mission call for premium class transportation accommodations; requiring 
annual certifications for medical disabilities or other special needs 
accommodations; and clarifying other specific provisions of the FTR 
which relate to premium class transportation accommodations. 
Accordingly, this final rule amends the FTR by:
    1. Section 300-70.100--Adding the requirement that agencies report 
the use of all ``other than coach-class'' transportation accommodations 
which exceed the coach-class fare.
    2. Section 300-70.101-- Clarifies where agencies may obtain 
information regarding reporting requirements for use of other than 
coach-class transportation accommodations.
    3. Section 300-70.102-- Adding the requirement that agencies submit 
their other than coach-class transportation information to GSA no later 
than 60 days after the end of each fiscal year, including negative 
reports.
    4. Section 300-70.103-- Deleting the current section 300-70.103; 
re-designating current section 300-70.104 as section 300-70.103; 
replacing the words ``first-class'' with ``other than coach-class''; 
and clarifying the current regulation for submitting negative reports 
when reporting data is also protected from public disclosure.
    5. Section 301-2.5-- Replacing the words ``first-class or business-
class'' with ``other than coach-class''.
    6. Section 301-10.105-- Replacing the words ``business-class or 
first-class'' with ``other than coach-class''.
    7. Section 301-10.121-- Revising the definition of the classes of 
accommodations offered by air carriers.
    8. Section 301-10.123-- Replacing the words ``first-class'' with 
``other than coach-class'; reformatting and revising the current 
regulation to include the current provisions of section 301-10.124; 
adding the requirement for annual certification of a disability or 
special need of a traveler; and adding the requirement for a one-time 
certification of a disability or special need of a traveler who has a 
lifelong condition.
    9. Section 301-10.124-- Deleting the current regulation and 
replacing it with clarification regarding the use of coach-class 
seating upgrade programs.
    10. Section 301-10.125-- Adding a new section on clarification 
regarding the use of the 14-hour rule.
    11. Section 301-10.160-- Amending and re-designating current 
section 301-10.160 paragraphs(c) and (d) as section 301-10.160(c)(1) 
and (c)(2).
    12. Section 301-10.161 - Replacing the words ``first-class'' with 
``other than coach-class''.
    13. Section 301-10.162-- Replacing the words ``first-class'' with 
``other than coach-class''; clarifying the current regulation; adding 
the requirement for annual certification of a disability or special 
need of a traveler; adding the requirement for a one-time certification 
of a disability or special need of a traveler who has a lifelong 
condition; and adding a new exception as to when a traveler may use a 
higher class of train service.
    14. Section 301-10.164-- Clarifying the current regulation 
regarding the use

[[Page 55146]]

of a higher class of train service other than the lowest available 
class of accommodations.
    15. Section 301-10.182-- Replacing the words ``first-class'' with 
``other than lowest first-class''.
    16. Section 301-10.183-- Replacing the words ``first-class'' with 
``other than lowest first-class''; adding the requirement for annual 
certification of a disability or special need of a traveler; and adding 
the requirement for a one-time certification of a disability or special 
need of a traveler who has a lifelong condition.
    17. Section 301-13.3-- Replacing the term ``Premium-class'' with 
``other than coach-class''.
    18. Section 301-50.8--Replacing the words ``first-class or 
business-class'' with ``other than coach-class''.
    19. Section 301-70.102-- Adding the requirement that agencies 
develop and publish internal guidance that identify the specific 
mission criteria that justify the authorization and use of other than 
coach-class or lowest first-class transportation accommodations. Adding 
the requirement that agencies develop and define what constitutes a 
rest period upon arrival at a temporary duty location.
    20. Section 301-71.105-- Replacing the words ``first-class or 
business-class'' with ``other than coach-class''.
    21. Appendix C to Chapter 301, Standard Data Elements for Federal 
Travel--Renaming Table entitled ``Travel Expense Information (Standard 
Data Elements for Federal Travel'') to read ``Standard Expense Data for 
Federal Travel (Travel Expense Information''); and replacing the words 
``First-class and Business-class'' with ``Other than coach-class'' and 
replacing the words ``Non-first-class and Non-business-class'' with the 
words ``Coach-class'' in Tables ``Standard Data Elements for Federal 
Travel (Commercial Transportation Information)'' and newly designated 
``Standard Data Expense for Federal Travel (Travel Expense 
Information)''.
    22. Section 304-3.9--Replacing the words ``business-class'' with 
``other than coach-class'' and reformatting and revising the current 
regulation to include the current provisions of section 304-3.10.
    23. Section 304-3.10--Removing and reserving section 304-3.10.
    24. Section 304-5.5--Replacing the words ``business-class'' with 
``other than coach-class'' and reformatting and revising the current 
regulation to include the current provisions of section 304-5.6.
    25. Section 304-5.6--Deleting the current section 304-5.6 and re-
designating current section 304-5.7 as section 304-5.6.

B. Executive Order 12866

    This 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 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 solely to agency management and 
personnel.

List of Subjects in 41 CFR Parts 300-70, 301-2, 301-10, 301-13, 
301-50, 301-70, 301-71, Appendix C to Chapter 301, 304-3, and 304-
5.

    Government employees, Travel and transportation expenses.

    Dated: September 4, 2009.
Paul F. Prouty,
Acting Administrator of General Services

0
For the reasons set forth in the preamble, under 5 U.S.C. 5701-5709 and 
31 U.S.C. 1353, GSA amends 41 CFR Parts 300-70, 301-2, 301-10, 301-13, 
301-50, 301-70, 301-71, Appendix C to Chapter 301, 304-3, and 304-5 to 
read as follows:

PART 300-70--AGENCY REPORTING REQUIREMENTS

0
1. The authority citation for 41 CFR Part 300-70 is revised to read as 
follows:

    Authority:  5 U.S.C. 5707; 5 U.S.C. 5738, 5 U.S.C. 5741-5742; 20 
U.S.C. 905(a); 31 U.S.C. 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; 
E.O. 11609, as amended, 3 CFR, 1971-1973 Comp. p. 586.

Subpart B [Amended]

0
2. Amend the heading to Subpart B by removing ``First-Class'' and 
adding ``Other Than Coach-Class'' in its place.


Sec.  300-70.100  [Amended]

0
3. Amend Sec.  300-70.100, in the section heading, by removing ``first-
class'' and adding ``other than coach-class'' in its place.
0
4. Revise Sec.  300-70.101 to read as follows:


Sec.  300-70.101  Where can we find what information we are required to 
report?

    GSA will issue a Bulletin which will inform agencies of the 
required information and reporting format(s) for any trip in which the 
agency authorized and paid for transportation that exceeded the use of 
coach-class or lowest first-class accommodations. Negative submissions 
are required. Bulletins regarding the Federal Travel Regulation are 
located on the Internet at www.gsa.gov/bulletin.
0
5. Revise Sec.  300-70.102 to read as follows:


Sec.  300-70.102  How often must we report the required information?

    You must annually submit the required information to GSA no later 
than 60 days after the end of each fiscal year.


Sec.  300-70.103  [Removed]

0
6. Remove Sec.  300-70.103.


Sec.  300-70.104  [Redesignated as Sec.  300-70.103]

0
7. Section Sec.  300-70.104 is redesignated as Sec.  300-70.103.
0
8. Revise the newly-designated Sec.  300-70.103 to read as follows:


Sec.  300-70.103  Are there any exceptions to the reporting 
requirement?

    Yes. You are not required to report data that is protected from 
public disclosure by statute or Executive Order. However, you are 
required to submit, in a cover letter to GSA, the following aggregate 
information.
    (a) Aggregate number of authorized other than coach-class trips 
that are protected from disclosure;
    (b) Total cost of actual other than coach-class fares paid that 
exceeded the coach-class fare; and
    (c) Total cost of coach class fares that would have been paid for 
the same travel.

    NOTE to Sec.  300-70.103: If the aggregate information is also 
protected from public disclosure then a negative report must be 
submitted to GSA.

[[Page 55147]]

CHAPTER 301--TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES

PART 301-2--GENERAL RULES

0
9. The authority citation for 41 CFR Part 301-2 continues to read as 
follows:

    Authority:  5 U.S.C 5707; 31 U.S.C. 1353; 49 U.S.C. 40118.
0
10. Amend Sec.  301-2.5 by revising paragraph (a) to read as follows:


Sec.  301-2.5  What travel arrangements require specific authorization 
or prior approval?

* * * * *
    (a) Use of other than coach-class service on common carrier 
transportation;
* * * * *

PART 301-10--TRANSPORTATION EXPENSES

0
11. The authority for 41 CFR Part 301-10 continues to read as follows:

    Authority:  5 U.S.C. 5707; 40 U.S.C. 121(c); 40 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
12. Amend Sec.  301-10.105 by revising paragraph (b) to read as 
follows:


Sec.  301-10.105   What are the basic requirements for using airlines?

* * * * *
    (b) Using coach-class service, unless other than coach-class 
service is authorized:
* * * * *
0
13. Revise Sec.  301-10.121 to read as follows:


Sec.  301-10.121  What classes of airline accommodations are available?

    Airlines are constantly updating their offerings. However, for the 
purposes of this regulation, the classes of available air 
accommodations are identified and defined as follows:
    (a) Coach-class. The basic class of accommodation by airlines that 
is normally the lowest fare offered regardless of airline terminology 
used. For reference purposes only, coach-class may also be referred to 
by airlines as ``tourist class,'' ``economy class,'' or as ``single 
class'' when the airline offers only one class of accommodations to all 
travelers.
    (b) Other than coach-class. Any class of accommodations above 
coach-class, e.g., first-class or business-class.
    (1) First-class. The highest class of accommodation offered by the 
airlines in terms of cost and amenities. This is generally termed 
``first-class'' by airlines and reservation systems.
    (2) Business-class. A class of accommodation offered by airlines 
that is higher than coach and lower than first-class, in both cost and 
amenities. This class of accommodation is generally referred to as 
``business, business elite, business first, world business, 
connoisseur, or envoy'' depending on the airline.

    Note to Sec.  301-10.121: If an airline flight has only two 
classes of accommodations available, i.e., two ``cabins'', with two 
distinctly different seating types (such as girth and pitch) and the 
front cabin is termed ``business-class'' or higher by the airline 
and the tickets are fare-coded as business-class, then the front of 
the cabin is deemed to be other than coach-class. Alternatively, if 
an airline flight has only two cabins available but equips both with 
one type of seating, (i.e., seating girth and pitch are the same in 
both cabins), and the seats in the front of the airplane are fare 
coded as full-fare economy class, and only restricted economy fares 
are available in the back of the aircraft, then the entire aircraft 
is to be classified as coach-class seating. In this second 
situation, qualifying for other than coach-class travel is not 
required to purchase a non-restricted economy fare seat in the front 
of the aircraft as the entire aircraft is considered ``coach-
class.''

0
14. Revise Sec.  301-10.123 to read as follows:


Sec.  301-10.123  When may I use other than coach-class airline 
accommodations?

    Government travelers are required to exercise the same care in 
incurring expenses that a prudent person would exercise if traveling on 
personal business when making official travel arrangements, and 
therefore, should consider the least expensive class of travel that 
meets their needs. You may use the lowest other than coach-class 
airline accommodations only when your agency specifically authorizes/
approves such use as specified in paragraphs (a) and (b) of this 
section.
    (a) Your agency may authorize/approve first class accommodations if 
any of the following apply:
    (1) No coach-class accommodations are reasonably available. 
``Reasonably available'' means available on an airline that is 
scheduled to leave within 24 hours of your proposed departure time, or 
scheduled to arrive within 24 hours of your proposed arrival time;
    (2) When use of other than coach-class is necessary to accommodate 
a medical disability or other special need.
    (i) A disability must be certified annually in a written statement 
by a competent medical authority. However, if the disability is a 
lifelong condition, then a one-time certification statement is 
required. Certification statements must include at a minimum:
    (A) A written statement by a competent medical authority stating 
that special accommodation is necessary;
    (B) An approximate duration of the special accommodation; and
    (C) A recommendation as to the suitable class of transportation 
accommodations based on the disability.
    (ii) A special need must be certified annually in writing according 
to your agency's procedures. However, if the special need is a lifelong 
condition, then a one-time certification statement is required;
    (iii) If you are authorized under Sec.  301-13.3(a) of this 
Subchapter to have an attendant accompany you, your agency may also 
authorize the attendant to use other than coach-class accommodations if 
you require the attendant's services en route;
    (3) When exceptional security circumstances require other than 
coach-class airline accommodations. Exceptional security circumstances 
are determined by your agency and should only be authorized up to the 
minimum other than coach-class accommodation necessary. These 
circumstances include, but are not limited to:
    (i) Use of coach-class accommodations would endanger your life or 
Government property;
    (ii) You are an agent on protective detail and you are accompanying 
an individual authorized to use other than coach-class accommodations; 
or
    (iii) You are a courier or control officer accompanying controlled 
pouches or packages;
    (4) When required because of agency mission, consistent with your 
agency's internal procedures pursuant to Sec.  301-70.102(i).
    (b) Your agency may authorize/approve business-class accommodations 
if any of the following apply:
    (1) When use of other than coach-class is necessary to accommodate 
a medical disability or other special need.
    (i) A disability must be certified annually in a written statement 
by a competent medical authority. However, if the disability is a 
lifelong condition, then a one-time certification statement is 
required. Certification statements must include at a minimum:
    (A) A written statement by a competent medical authority stating 
that special accommodation is necessary;
    (B) An approximate duration of the special accommodation; and
    (C) A recommendation as to the suitable class of transportation 
accommodations based on the disability.
    (ii) A special need must be certified annually in writing according 
to your

[[Page 55148]]

agency's procedures. However, if the special need is a lifelong 
condition, then a one-time certification statement is required;
    (iii) If you are authorized under Sec.  301-13.3(a) of this 
Subchapter to have an attendant accompany you, your agency may also 
authorize the attendant to use other than coach-class accommodations if 
you require the attendant's services en route;
    (2) When exceptional security circumstances require other than 
coach-class airline accommodations. Exceptional security circumstances 
are determined by your agency and should only be authorized to the 
minimum other than coach-class accommodation necessary to meet the 
agency's mission. These circumstances include, but are not limited to:
    (i) Use of coach-class accommodations would endanger your life or 
Government property;
    (ii) You are an agent on protective detail and you are accompanying 
an individual authorized to use other than coach-class accommodations; 
or
    (iii) You are a courier or control officer accompanying controlled 
pouches or packages;
    (3) Coach-class accommodations on an authorized/approved foreign 
air carrier do not provide adequate sanitation or health standards;
    (4) Regularly scheduled flights between origin/destination points 
(including connecting points) provide only other than coach-class 
accommodations and you certify such on your voucher;
    (5) Your transportation costs are paid in full through agency 
acceptance of payment from a non-Federal source in accordance with 
Chapter 304 of this Title;
    (6) Where the origin and/or destination are OCONUS, and the 
scheduled flight time, including stopovers and change of planes, is in 
excess of 14 hours, in accordance with Sec.  301-10.125;
    (7) The use results in an overall cost savings to the Government by 
avoiding additional subsistence costs, overtime, or lost productive 
time while awaiting coach-class accommodations;
    (8) No space is available in coach-class accommodations in time to 
accomplish the mission, which is urgent and cannot be postponed; or
    (9) When required because of agency mission, consistent with your 
agency's internal procedures pursuant to Sec.  301-70.102(i).

    Note 1 to Sec.  301-10.123: You may upgrade to other than coach-
class accommodations at your personal expense, including through 
redemption of frequent flyer benefits.
    Note 2 to Sec.  301-10.123: Blanket authorization of other than 
coach-class transportation accommodations is prohibited and shall be 
authorized on an individual trip-by-trip basis, unless the traveler 
has an up-to-date documented disability or special need.

0
15. Revise Sec.  301-10.124 to read as follows:


Sec.  301-10.124  What are coach-class Seating Upgrade Programs?

    Sometimes these programs are called ``Coach Elite,'' ``Coach 
Plus,'' ``Preferred Coach'' or some other identifier. Under these 
airline programs, a passenger may obtain for a fee a more desirable 
seat choice within the coach-class cabin. These airline upgrade or 
preferred seat choices are generally available for an annual fee, at an 
airport kiosk or gate or as a frequent flier perk. These coach upgrade 
options are not considered a new or higher class of accommodation since 
the seating is still in the coach cabin. However, the use of these 
upgraded/preferred coach seating options is generally a traveler's 
personal choice and therefore is at the traveler's personal expense. An 
agency travel authorization approving official or his/her designee 
(e.g., supervisor of the traveler) may authorize and reimburse the 
additional seat choice fee, according to internal agency policy.
0
16. Add Sec.  301-10.125 to read as follows:


Sec.  301-10.125  When may I use the 14-hour rule to travel other than 
coach-class (see Sec.  301-10.123(b)(6))?

    (a) You may use the 14-hour rule to travel via other than coach-
class when:
    (1) The origin and/or destination are OCONUS; and
    (2) The scheduled flight time, including non-overnight stopovers 
and change of planes, is in excess of 14 hours; and
    (3) You are required to report to duty the following day or sooner.
    (b) Scheduled flight time is the flight time between the 
originating departure point and the ultimate arrival point including 
scheduled non-overnight time spent at airports during plane changes. 
Scheduled non-overnight time does not include time spent at the 
originating or ultimate arrival airports.
    (c) If other than coach-class accommodation is authorized based on 
the 14-hour rule then you will not be eligible for a rest stop en route 
or a rest period upon arrival at your duty site, in accordance with 
internal agency procedures pursuant to Sec.  301-70.102(j).
0
17. Amend Sec.  301-10.160 by revising paragraph (c), removing 
paragraph (d), and adding a note to the section to read as follows:


Sec.  301-10.160  What classes of train accommodations are available?

* * * * *
    (c) Other than coach-class - Any class of accommodations above 
coach, e.g., first-class or business-class.
    (1) First-class--Includes bedrooms, roomettes, club service, parlor 
car accommodations or other premium accommodations.
    (2) Business-class--A class of extra fare train service that is 
offered above coach class, but is lower than first-class, as described 
above.

    Note to Sec.  301-10.160: If a train only has two classes of 
accommodations available, i.e., first and business class, then the 
business class is deemed to be classified as coach-class for 
purposes of official travel, as it is the lowest class offered.

0
18. Revise Sec.  301-10.161 to read as follows:


Sec.  301-10.161  What class of train accommodations must I use?

    You must use coach-class accommodations for all train travel, 
except when your agency authorizes other than coach-class service.
0
19. Revise Sec.  301-10.162 to read as follows:


Sec.  301-10.162  When may I use other than coach-class train 
accommodations?

    You may use other than coach-class train accommodations only when 
your agency specifically authorizes/approves this use under paragraphs 
(a) through (e) of this section.
    (a) No coach-class accommodations are reasonably available on a 
train that is scheduled to leave within 24 hours of your proposed 
departure time, or scheduled to arrive within 24 hours of your proposed 
arrival time;
    (b) When use of other than coach-class accommendations is necessary 
to accommodate a medical disability or other special need.
    (1) A disability must be certified annually in a written statement 
by a competent medical authority. However, if the disability is a 
lifelong condition, then a one-time certification statement is 
required. Certification statements must include at a minimum:
    (i) A written statement by a competent medical authority stating 
that special accommodation is necessary;
    (ii) An approximate duration of the special accommodation; and
    (iii) A recommendation as to the suitable class of transportation 
accommodations based on the disability.
    (2) A special need must be certified annually in writing according 
to your agency's procedures. However, if the special need is a lifelong 
condition, then

[[Page 55149]]

a one-time certification statement is required;
    (3) If you are authorized under Sec.  301-13.3(a) of this 
Subchapter to have an attendant accompany you, your agency may also 
authorize the attendant to use other than coach-class accommodations if 
you require the attendant's services en route;
    (c) When exceptional security circumstances require other than 
coach-class rail accommodations. Exceptional security circumstances are 
determined by your agency and should only be authorized to the minimum 
other than coach-class accommodation necessary to meet the agency's 
mission. These circumstances include, but are not limited to:
    (1) Use of coach-class accommodations would endanger your life or 
Government property;
    (2) You are an agent on protective detail and you are accompanying 
an individual authorized to use other than coach-class accommodations; 
or
    (3) You are a courier or control officer accompanying controlled 
pouches or packages;
    (d) Coach-class accommodations on an authorized/approved foreign 
rail carrier do not provide adequate sanitation or health standards; or
    (e) When required because of agency mission, consistent with your 
agency's internal procedures pursuant to Sec.  301-70.102(i).
0
20. Revise Sec.  301-10.164 to read as follows:


Sec.  301-10.164  When may I use extra-fare train service?

    You may use extra-fare train service whenever your agency 
determines it is more advantageous to the Government or is required for 
security reasons. Extra-fare train service is considered to be a class 
above the lowest class offered on any particular train and must be 
authorized/approved as provided in Sec.  301-10.162.
0
21. Amend Sec.  301-10.182 by revising paragraphs (a) and (b) to read 
as follows:


Sec.  301-10.182  What classes of ship accommodations are available?

* * * * *
    (a) Other than lowest first-class--All classes above the lowest 
first-class, includes but is not limited to a suite.
    (b) Lowest first-class--The least expensive class of reserved 
accommodations available on a ship.
0
22. Amend Sec.  301-10.183 by revising the introductory paragraph and 
paragraphs (b) and (c), and adding paragraph (d), to read as follows:


Sec.  301-10.183  What class of ship accommodations must I use?

    You must use the lowest first-class accommodations when traveling 
by ship, except when your agency specifically authorizes/approves your 
use of other than lowest first-class ship accommodations under 
paragraphs (a) through (d) of this section.
* * * * *
    (b) When use of other than lowest first-class accommodations is 
necessary to accommodate a medical disability or other special need.
    (1) A disability must be certified annually in a written statement 
by a competent medical authority. However, if the disability is a 
lifelong condition, then a one-time certification statement is 
required. Certification statements must include at a minimum:
    (i) A written statement by a competent medical authority stating 
that special accommodation is necessary;
    (ii) An approximate duration of the special accommodation; and
    (iii) A recommendation as to the suitable class of transportation 
accommodations based on the disability.
    (2) A special need must be certified annually in writing according 
to your agency's procedures. However, if the special need is a lifelong 
condition, then a one-time certification statement is required;
    (3) If you are authorized under Sec.  301-13.3(a) of this 
Subchapter to have an attendant accompany you, your agency may also 
authorize the attendant to use other than lowest first-class class 
accommodations if you require the attendant's services en route;
    (c) When exceptional security circumstances require other than 
lowest first-class travel. Exceptional security circumstances are 
determined by your agency and should only be authorized to the minimum 
other than lowest first-class travel accommodation necessary to meet 
the agency's mission. These circumstances include, but are not limited 
to:
    (1) The use of lowest first-class accommodations would endanger 
your life or Government property; or
    (2) You are an agent on protective detail and you are accompanying 
an individual authorized to use other than lowest first-class 
accommodations; or
    (3) You are a courier or control officer accompanying controlled 
pouches or packages.
    (d) When required because of agency mission, consistent with your 
agency's internal procedures pursuant to Sec.  301-70.102(i).

PART 301-13--TRAVEL OF AN EMPLOYEE WITH SPECIAL NEEDS

0
23. The authority citation for 41 CFR Part 301-13 continues to read as 
follows:

    Authority: 5 U.S.C. 5707.

0
 24. Amend Sec.  301-13.3 by revising paragraph (f) to read as follows:


Sec.  301-13.3  What additional travel expenses may my agency pay under 
this Part?

* * * * *
    (f) Other than coach-class accommodations to accommodate your 
special need, under Subpart B of Part 301-10 of this Subchapter; and
* * * * *

PART 301-50--ARRANGING FOR TRAVEL SERVICES

0
25. The authority citation for 41 CFR Part 301-50 continues to read as 
follows:

    Authority:  5 U.S.C. 5707; 40 U.S.C. 121(c).
0
26. Amend Sec.  301-50.8 by revising paragraph (a)(2) to read as 
follows:


Sec.  301-50.8  Are there any limits on travel arrangements I may make?

* * * * *
     (a) * * *
    (2) You may use other than coach-class accommodations only under 
Sec. Sec.  301-10.123 and 301-10.162, and lowest first-class 
accommodations only under Sec.  301-10.183 of this Chapter; and
* * * * *

PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS

0
27. The authority citation for 41 CFR Part 301-70 is revised to read as 
follows:

    Authority:  5 U.S.C. 5707; 40 U.S.C. 121(c); Sec 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701, note), Office of Management and 
Budget Circular No. A-126, ``Improving the Management and Use of 
Government Aircraft,'' revised May 22, 1992 and OMB Circular No. A-
123, Appendix B, ``Improving the Management of Government Charge 
Card Programs,'' revised January 15, 2009.

0
28. Amend Sec.  301-70.102 by revising paragraph (b)(1); removing 
``and'' at the end of paragraph (g); removing the period at the end of 
paragraph (h)(3) and adding a semicolon in its place; and adding 
paragraphs (i) and (j) to read as follows:


Sec.  301-70.102  What governing policies must we establish for 
authorization and payment of transportation expenses?

* * * * *
    (b) * * *

[[Page 55150]]

    (1) Use of other than coach-class transportation accommodations for 
air and rail under Sec. Sec.  301-10.123 and 301-10.162, and lowest 
first-class accommodations for ship under Sec.  301-10.183 of this 
chapter.
* * * * *
    (i) Develop and issue internal guidance on what specific mission 
criteria justify approval of the use of other than coach-class 
transportation under Sec. Sec.  301-10.123(a)(4), 301-10.123(b)(9), and 
301-10.162(e) or the use of other than lowest first-class under Sec.  
301-10.183(d). The justification criteria shall be entered in the 
remarks section of the traveler's travel authorization; and
    (j) Develop and publish internal guidance regarding what 
constitutes a rest period upon arrival at a temporary duty location.

PART 301-71-AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS

0
29. The authority citation for 41 CFR Part 301-71 continues to read as 
follows:

    Authority:  5 U.S.C 5707; 40 U.S.C. 121(c); Sec 2., Pub L. 105-
264, 112 Stat. 2350 (5 U.S.C 5701, note).
0
30. Amend Sec.  301-71.105 by revising paragraph (a) to read as 
follows:


Sec.  301-71.105  Must we issue a written or electronic travel 
authorization in advance of travel?

* * * * *
    (a) Use of other than coach-class service accommodation on common 
carriers or use of other than lowest first-class accommodation on 
ships;
* * * * *
0
31. Amend Appendix C to Chapter 301 by revising the tables under the 
headings ``Commercial Transportation Information'' and ``Travel Expense 
Information'' to read as follows:

Appendix C to Chapter 301--Standard Data Elements for Federal Travel

* * * * *

                                      Commercial Transportation Information
 
              Group name                      Data elements                         Description
----------------------------------------------------------------------------------------------------------------
Transportation Payment................  ........................               Method employee used to purchase
                                                                                         transportation tickets
Method Indicator......................                      GTR          U.S. Government Transportation Request
                                        Central Billing Account           A contractor centrally billed account
                                         Government Charge Card    In accordance with and as provided by agency
                                                                                                     guidelines
                                                           Cash
Transportation Payment Identification         Payment ID Number    A number that identifies the payment for the
 Number...............................                              transportation tickets, according to agency
                                                                  guidelines, e.g., GTR number, Govt. contractor-
                                                                                      issued charge card number
Transportation Method Indicator.......   Air (other than coach-    Common carrier used as transportation to TDY
                                                         class)                                        location
                                              Air (coach-class)
                                        Non-contract Air, Train,
                                                          Other
Local Transportation Indicator........   POV, Car rental, Taxi,   Identifies local transportation used while on
                                                          Other                                             TDY
----------------------------------------------------------------------------------------------------------------


                                           Travel Expense Information
----------------------------------------------------------------------------------------------------------------
              Group name                      Data elements                         Description
----------------------------------------------------------------------------------------------------------------
Per Diem..............................     Total Number of Days     The number of days traveler claims to be on
                                                                      per diem status, for each official travel
                                                                                                       location
                                           Total Amount Claimed      The amount of money traveler claims as per
                                                                                                   diem expense
                                                               Lodging, Meals &
                                                    Incidentals
Travel Advance........................      Advance Outstanding   The amount of travel advance outstanding, when
                                                                            the employee files the travel claim
                                              Remaining Balance   The amount of the travel advance that remains
                                                                                                    outstanding
Subsistence...........................              Actual Days       Total number of days the employee charged
                                                                                    actual subsistence expenses
                                        ........................      The number of days must be expressed as a
                                                                                                   whole number
                                            Total Actual Amount     Total amount of actual subsistence expenses
                                                                      claimed as authorized. Actual subsistence
                                                                      rate, per day, may not exceed the maximum
                                                                       subsistence expense rate established for
                                                                          official travel by the Federal Travel
                                                                                                     Regulation
Transportation Method Cost............   Air (other than coach-          The amount of money the transportation
                                                         class)   actually cost the traveler, entered according
                                                                                    to method of transportation
                                              Air (coach-class)
                                        Non-contract Air, Train
                                                          Other             Bus or other form of transportation
Local Transportation (in, around, or                POV mileage             Total number of miles driven in POV
 about the temporary duty station)....

[[Page 55151]]

 
                                            POV mileage expense     Total amount claimed as authorized based on
                                                                    mileage rate. Different mileage rates apply
                                                                               based on type and use of the POV
                                        Car rental, Taxis, Other
Constructive cost.....................        Constructive cost    The difference between the amount authorized
                                                                             to spend versus the amount claimed
Reclaim...............................           Reclaim amount         An amount of money previously denied as
                                                                             reimbursement for which additional
                                                                                  justification is now provided
Total Claim...........................              Total claim   The sum of the amount of money claimed for per
                                                                             diem, actual subsistence, mileage,
                                                                  transportation method cost, and other expenses
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 304-3--EMPLOYEE RESPONSIBILITY

0
32. The authority citation for 41 CFR Part 304-3 continues to read as 
follows:

    Authority:  5 U.S.C. 5707; 31 U.S.C. 1353.

0
33. Revise Sec.  304-3.9 to read as follows:


Sec.  304-3.9  May I use other than coach-class accommodation on common 
carriers or other than lowest first-class accommodations on ships when 
a non-Federal source pays in full for my transportation expenses to 
attend a meeting?

    Yes, you may use other than coach-class accommodation on common 
carriers if you meet one of the criteria contained in Sec.  301-10.123 
or Sec.  301-10.162 or you may use other than lowest first-class travel 
if you meet one of the criteria contained in Sec.  301-10.183 of this 
Title, and are authorized to do so by your agency in accordance with 
Sec.  304-5.5 of this Chapter.


Sec.  304-3.10  [Removed and Reserved]

0
34. Remove and reserve Sec.  304-3.10.

PART 304-5--AGENCY RESPONSIBILITIES

0
35. The authority citation for 41 CFR Part 304-5 continues to read as 
follows:

    Authority:  5 U.S.C. 5707; 31 U.S.C. 1353
0
36. Revise Sec.  304-5.5 to read as follows:


Sec.  304-5.5  May we authorize an employee to travel by other than 
coach-class on common carriers or other than lowest first-class on 
ships if we accept payment in full from a non-Federal source for such 
transportation expenses?

    Yes, you may authorize an employee to travel by other than coach-
class on common carriers or other than lowest first-class on ships as 
long as the:
    (a) Non-Federal source makes full payment for such transportation 
services in advance of travel; and
    (b) Transportation accommodations furnished are comparable in value 
to those offered to, or purchased by other similarly situated meeting 
attendees; and
    (c) Travel meets at least one of the conditions in Sec. Sec.  301-
10.123, 301-10.162, and 301-10.183 of this Title.


Sec.  304-5.6  [Removed]

0
37. Remove Sec.  304-5.6.


Sec.  304-5.7  [Redesignated as Sec.  304-5.6]

0
38. Section Sec.  304-5.7 is redesignated as Sec.  304-5.6.
[FR Doc. E9-25749 Filed 10-26-09; 8:45 am]
BILLING CODE 6820-14-S