Federal Travel Regulation (FTR); FTR Case 2009-309, Premium Class Travel and Transportation Allowances, 55145-55151 [E9-25749]
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[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
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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.
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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.
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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
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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-
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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.
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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.
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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?
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(a) Use of other than coach-class
service on common carrier
transportation;
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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:
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(b) Using coach-class service, unless
other than coach-class service is
authorized:
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■ 13. Revise § 301–10.121 to read as
follows:
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§ 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.
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(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
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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.
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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:
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§ 301–10.160 What classes of train
accommodations are available?
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(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
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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?
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*
*
*
*
*
(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
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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
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*
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 ...................
........................................
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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
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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:
■
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■
[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
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]]>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
