Federal Travel Regulation (FTR); Common Carrier Transportation, 12048-12056 [2022-03068]
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12048
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules
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will have met the requirements for
redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus proposing to
change the legal designation of the
Indiana portion of the ChicagoNaperville, IL-IN-WI area from
nonattainment to attainment for the
2008 ozone NAAQS. EPA is also
proposing to approve, as a revision to
the Indiana SIP, the state’s maintenance
plan for the area. The maintenance plan
is designed to keep the Indiana portion
of the Chicago area in attainment of the
2008 ozone NAAQS through 2035. EPA
finds adequate and is proposing to
approve the newly established 2030 and
2035 motor vehicle emissions budgets
for the Indiana portion of the Chicago
area. Finally, EPA is proposing to
approve the VOC RACT, CFVP, EMP,
and Enhanced I/M program SIP
revisions included in Indiana’s
December 29, 2020, and January 18,
2022, submittals, because they satisfy
the Serious requirements of the CAA for
the Indiana portion of the Chicago area.
XII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided they meet the criteria of the
CAA. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
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substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: February 22, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022–04072 Filed 3–2–22; 8:45 am]
BILLING CODE 6560–50–P
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GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 300–3, 300–70, 301–2,
301–10, 301–11, 301–13, 301–53, 301–
70, 301–71, Appendix C to Chapter 301,
304–3, and 304–5
[FTR Case 2020–300–1; Docket No. 2022–
0005, Sequence No. 1]
RIN 3090–AK40
Federal Travel Regulation (FTR);
Common Carrier Transportation
General Services
Administration.
ACTION: Proposed rule.
AGENCY:
The U.S. General Services
Administration (GSA) proposes to
amend the Federal Travel Regulation
(FTR) by adding definitions to the
Glossary of Terms; adopting
recommendations from agencies and the
Senior Travel Official Council to
simplify the FTR; consolidating
duplicative regulations pertaining to the
use of common carrier transportation
accommodations; introducing premium
economy airline accommodations as a
class of service and creating
management controls related to the use
thereof; removing an outdated exception
to use of a Contract City Pair fare;
sequencing common carrier regulations
in a more logical order; and making
miscellaneous editorial corrections.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat Division at the address
shown below on or before May 2, 2022
to be considered in the formation of the
final rule.
ADDRESSES: Submit comments in
response to FTR case 2020–300–1 to:
Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FTR Case 2020–300–1’’.
Select the link ‘‘Comment Now’’ that
corresponds with FTR Case 2020–300–
1. Follow the instructions provided at
the ‘‘Comment Now’’ screen. Please
include your name, company name (if
any), and ‘‘FTR Case 2020–300–1’’ on
your attached document. If your
comment cannot be submitted using
https://www.regulations.gov, call or
email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
Instructions: Please submit comments
only and cite FTR Case 2020–300–1, in
all correspondence related to this case.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
SUMMARY:
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information provided. To confirm
receipt of your comment(s), please
check https://www.regulations.gov,
approximately two to three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr. Tom
Mueller, Director of Travel, Relocation,
Mail, and Transportation Division,
Office of Government-wide Policy, at
202–208–0247 or by email at
thomas.mueller@gsa.gov. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755 or GSARegSec@gsa.gov.
Please cite FTR Case 2020–300–1.
SUPPLEMENTARY INFORMATION:
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I. Background
Pursuant to 5 U.S.C. 5707, the
Administrator of General Services is
authorized to prescribe regulations
regarding reimbursement for Federal
employees traveling on official business
away from their official duty stations.
The overall implementing authority is
the FTR, codified in Title 41 of the Code
of Federal Regulations, Chapters 300–
304 (41 CFR chapters 300–304).
GSA proposes amending the FTR by
defining multiple terms, to include
‘‘coach class’’, ‘‘other than coach class’’
(which includes ‘‘first class’’, ‘‘business
class’’, and ‘‘premium economy class’’),
‘‘contract City Pair Program’’,
‘‘scheduled flight time’’, and ‘‘usually
traveled route’’, along with making
other minor editorial changes in the
Glossary of Terms. This proposed rule
also relocates regulations that are
informational and not directive in
nature, such as ‘‘What is an extra-fare
train?’’ (FTR § 301–10.163), and more
appropriately places them in the
‘‘Glossary of Terms’’.
GSA amended the FTR on October 27,
2009 (74 FR 55145) to implement
recommendations contained in the U.S.
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). The final rule replaced
‘‘first-class’’, ‘‘business-class’’, and
‘‘premium-class’’ with a broad term,
‘‘other than coach-class.’’ Since that
time, changes in the airline industry,
such as unbundling of services and the
creation of classes of service between
coach and business class, has created
uncertainty on what accommodations
must be reported as other than coach
class. Consequently, GSA proposes to
define the term ‘‘other than coach class’’
to include ‘‘first class’’, ‘‘business
class’’, and ‘‘premium economy class’’,
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while also clearly delineating that only
first class and business class need to be
reported as part of GSA’s efforts to
ensure against improper and abusive
Government travel costs per GAO–07–
1268.
Including premium economy class as
its own class of service aligns with
current commercial airline industry
practice and acknowledges a potentially
cost-saving alternative to business class
accommodations for Federal travelers.
During the past 10 years, business
class airline accommodations have
accounted for about 97% of the cost of
all reportable other than coach class
transportation. Of the aforementioned
97% of business class air trips, 35%
were authorized using the ‘‘14-hour
rule’’ per FTR 301–10.125. As premium
economy airline tickets tend to be less
expensive than business class,
particularly for flights to destinations
outside the continental United States
(OCONUS), GSA proposes to allow
agencies to authorize premium economy
accommodations when scheduled flight
time exceeds eight hours and travel is
to, from or between OCONUS locations,
i.e., foreign and non-foreign areas. This
exception for using premium economy
is similar to travel allowances provided
by the private sector and is aimed at
reducing the use of first class and
business class transportation with the
anticipation that agencies will authorize
premium economy where offered,
instead of business or first class, when
otherwise eligible. In the event a
traveler is authorized to fly premium
economy under the new eight-hour rule,
eligibility for a rest period will still
follow the 14-hour rule.
Some agencies have expressed the
need for a rest period in excess of 24
hours when there is limited availability
of scheduled departures, as travelers
may encounter when traveling to certain
foreign or remote locations.
Accordingly, GSA proposes to add a
note to section 301–11.20 informing
agencies they may authorize a rest
period in excess of 24 hours under the
circumstances outlined in the proposed
note.
Additionally, agencies are required to
report annual travel data on certain
types of travel per subpart B of FTR part
300–70. Premium class travel (formally
known as ‘‘other than coach class’’
travel) is one such type of travel that
requires annual reporting. Premium
class travel reporting requirements are
set forth in the FTR and do not have a
statutorily mandated deadline for
submission, which provides the
Administrator of General Services
latitude on setting reporting deadlines.
Typically, several agencies request an
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extension to submit their premium class
travel data. To provide agencies more
time to review their data, GSA proposes
to set the premium class travel reporting
requirement as December 31 of each
year (instead of the current 60 days after
the end of each fiscal year).
GSA also proposes to refer to the
‘‘premium class’’ or ‘‘other than coach
class’’ travel report as the ‘‘first class
and business class’’ travel report as
reporting will be limited to only first
and business class accommodations.
The renaming of this report will avoid
confusion with the newly proposed
definitions of ‘‘other than coach class’’
and ‘‘premium economy class’’.
Agencies will not report premium
economy class or coach class seating
upgrades in the first class and business
class report as costs for both are likely
to be substantially lower than business
and first class accommodations and
therefore pose less risk for travel cost
abuse. To further reduce agency
reporting burden, GSA proposes that
negative submissions only be required
for CFO Act agencies and agencies that
reported the use of first class or business
class accommodations for the previous
reporting cycle. All other agencies may
provide a negative report, but would not
be required to do so. These changes,
along with clarifying that agencies only
need to report first class and business
class accommodations, will promote a
common understanding across
Government and improve agency
reporting requirements.
GSA also proposes several changes to
the FTR based on recommendations
from the Travel and Expense
Management Federal Integrated
Business Framework working group,
established by GSA in April 2017, in
which GSA worked with other agencies
to develop baseline travel and expense
management standards. For example,
the group proposed removing an
outdated City Pair Program exemption
which allowed travelers to use a noncontract fare if smoking is permitted on
the contract air carrier and the
nonsmoking section of the contract
aircraft is not acceptable (FTR § 301–
10.107(e)). In 2000, smoking was
banned on all scheduled U.S. domestic
and international airline flights between
the U.S. and another country (65 FR
36771), which eventually led to smokefree policies for airlines worldwide.
Consequently, GSA proposes to remove
this outdated exception to Contract City
Pair Program fare use.
This proposed rule also eliminates the
duplicative language in the FTR on the
classes of accommodations for each
mode of common carrier transportation,
i.e., FTR §§ 301–10.121 (air), 301–
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10.160 (rail), and 301–10.182 (ship), the
requirement to use coach class
accommodations for each mode, i.e.,
FTR §§ 301–10.122 (air), 301–10.161
(rail), and 301–10.183 (ship), and the
duplicative regulations that prescribe
exceptions to when a traveler may be
authorized use of other than coach class
accommodations, i.e., FTR §§ 301–
10.123 (air), 301–10.162 (rail), and 301–
10.183 (ship), into a single definition for
‘‘coach class’’, one regulation on the
requirement to use coach class, and one
regulation governing when other than
coach class may be authorized,
irrespective of the mode of common
carrier transportation. Further, this rule
proposes to eliminate examples of
exceptional security circumstances that
currently accompany the exception for
use of other than coach class, as such
circumstances are determined by the
agency.
The proposed rule also clarifies
circumstances under which agencies
may authorize the use of sleeping cars
on trains.
Lastly, due in part to the
consolidation and elimination of
multiple regulations, this proposed rule
resequences the common carrier
regulations found in FTR part 301–10. It
also makes other miscellaneous editorial
changes.
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II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Office of Management
and Budget’s Office of Information and
Regulatory Affairs (OIRA) anticipates
that this will not be a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
III. Congressional Review Act
Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996 (codified at 5 U.S.C. 801–808), also
known as the Congressional Review Act
or CRA, generally provides that before a
rule may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
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United States. OIRA has determined
that this proposed rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
IV. Regulatory Flexibility Act
GSA does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because it applies only to
Federal agencies and employees.
Therefore, an Initial Regulatory
Flexibility Analysis has not been
performed. GSA invites comments from
small business concerns and other
interested parties on the expected
impact of this rulemaking on small
entities.
GSA will also consider comments
from small entities concerning the
existing regulations in subparts affected
by the rulemaking in accordance with 5
U.S.C. 610. Interested parties must
submit such comments separately and
should cite 5 U.S.C 610 (FTR Case
2020–300–1), in correspondence.
V. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FTR do not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public that require the approval of the
Office of Management and Budget
(OMB) under 44 U.S.C. 3501, et seq.
List of Subjects
41 CFR Part 300–3
Government employees, Travel and
transportation expenses.
41 CFR Part 300–70
Government employees, Reporting
and recordkeeping requirements, Travel
and transportation expenses.
41 CFR Part 301–2
Government employees, Travel and
transportation expenses.
41 CFR Part 301–10
Common carriers, Government
employees, Government property,
Travel and transportation expenses.
41 CFR Part 301–11
Government employees, Travel and
transportation expenses.
41 CFR Part 301–13
Government employees, Individuals
with disabilities, Travel and
transportation expenses.
41 CFR Part 301–53
Government employees, Travel and
transportation expenses.
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41 CFR Part 301–70
Administrative practice and
procedure, Government employees,
Individuals with disabilities, Travel and
transportation expenses.
41 CFR Part 301–71
Accounting, Government employees,
Travel and transportation expenses.
41 CFR Part 304–3 and 304–5
Government employees, Travel and
transportation expenses.
Krystal J. Brumfield,
Associate Administrator, Office of
Government-wide Policy.
Under 5 U.S.C. 5707 and as discussed
in the preamble, GSA proposes to
amend 41 CFR parts 300–3, 300–70,
301–2, 301–10, 301–11, 301–13, 301–53,
301–70, 301–71, Appendix C to Chapter
301, 304–3, and 304–5 as set forth
below:
PART 300–3—GLOSSARY OF TERMS
1. The authority citation for part
300–3 continues to read as follows:
■
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c);
49 U.S.C. 40118; 5 U.S.C. 5738; 5 U.S.C.
5741–5742; 20 U.S.C. 905(a); 31 U.S.C. 1353;
E.O. 11609, as amended, 3 CFR, 1971–1975
Comp., p. 586, Office of Management and
Budget Circular No. A–126, revised May 22,
1992.
2. Amend § 300–3.1 by:
a. Adding, in alphabetical order,
definitions for ‘‘Coach class’’, ‘‘Coach
class seating upgrade programs’’, and
‘‘Contract City Pair Program’’;
■ b. Revising the definition of
‘‘Common carrier;
■ c. Adding, in alphabetical order,
definitions for ‘‘Extra-fare train’’ and
’’Other than coach class’’;
■ d. Revising the definition of
‘‘Privately owned automobile’’; and
■ e. Adding, in alphabetical order,
definitions for ‘‘Scheduled flight time’’
and ‘‘Usually traveled route’’;
The revisions and additions read as
follows:
■
■
§ 300–3.1
mean?
What do the following terms
*
*
*
*
*
Coach class—The class of
accommodation that is normally the
lowest class of fare offered by common
carriers regardless of terminology used.
For reference purposes only, coach class
may also be referred to as tourist class,
economy class, steerage, or standard
class.
Coach class seating upgrade
programs—Under commercial air
transportation seating upgrade
programs, a passenger may obtain a
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preferable seat choice or increased
amenities or services within the coach
class seating area. These upgraded
choices are generally available for a fee,
as a program membership benefit (such
as frequent flyer) or at an airport kiosk
or gate. Coach class seating upgrade
options are not considered a new or
higher class of accommodation from
coach as the seat is lower than other
than coach class accommodations in
terms of cost and amenities (e.g., seating
girth and pitch, priority boarding,
luggage allowance, expedited food/
drink service).
*
*
*
*
*
Common carrier—Private sector
supplier of air, rail, bus, ship, or other
transit system.
*
*
*
*
*
Contract City Pair Program—A
mandatory use (see § 301–10.110 for
required users) Government program
that provides commercially available
scheduled air passenger transportation
services to Government travelers on
official business. The City Pair Program
offers negotiated firm- fixed-price fares
on one-way routes between airports that
apply in either direction of travel. Fares
may be issued using one of the
following fare types, or others that the
contract City Pair Program may solicit:
(1) Capacity-controlled coach class
contract fare (_CA). A contract City Pair
Program coach class fare that is less
expensive than the unrestricted coach
class fare (YCA), but has limited
inventory availability, meaning, once
the flight reaches a certain capacity,
_CA fares may no longer be available for
booking. Unlike YCA fares, _CA fares
are restricted by the availability of seats.
Accordingly, early booking may
increase the likelihood of booking a _CA
fare. The first character of the threecharacter fare basis code varies by
airline.
(2) Unrestricted coach class contract
fare (YCA). A contract City Pair Program
coach class fare that is more expensive
than a _CA fare, but offers last seat
(inventory) availability (unless a flight is
already sold out), meaning, as long as
coach class inventory is available to sell
on the flight, the Government traveler
can purchase it.
(3) Contract business fare (_CB).
Contract fare offered by carriers in some
domestic and international line item
markets for business class service. The
first character of the three-character fare
basis code varies by airline.
*
*
*
*
*
Extra-fare train-A train that operates
at an increased fare due to the extra
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performance of the train, i.e., faster
speed or fewer stops, or both.
*
*
*
*
*
Other than coach class—Any class of
accommodations above coach class.
(1) First class. The highest class of
accommodation offered by a common
carrier in terms of cost and amenities.
(2) Business class. A class of
accommodation offered by a common
carrier that is lower than first class but
higher than coach and premium
economy, in cost and amenities.
(3) Premium economy class. A class of
airline accommodation that is lower
than both first class and business class,
but higher than coach class in terms of
cost and amenities. Airlines are
constantly updating their offerings;
however, for the purposes of this
regulation, premium economy class is
considered a separate, higher class of
accommodation from coach class and is
not considered a coach class seating
upgrade.
*
*
*
*
*
Privately owned automobile—A car or
light truck, including a van or a pickup
truck, that is owned or leased for
personal use by an individual, but not
necessarily the traveler.
*
*
*
*
*
Scheduled flight time—The flight
time between the originating departure
point and the ultimate arrival point, as
scheduled by the airline, 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.
*
*
*
*
*
Usually traveled route—The most
direct route between the employee’s
official station (or invitational traveler’s
home) and the temporary duty location,
as defined by maps or consistent with
established scheduled services of
contract or other common carriers.
PART 300–70—AGENCY REPORTING
REQUIREMENTS
3. The authority citation for 41 CFR
part 300–70 continues 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–
1975 Comp., p. 586.
4. Amend subpart B of part 300–70 by
revising the subpart heading to read as
follows:
■
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Subpart B—Requirement to Report
Use of First Class and Business Class
Transportation Accommodations
5. Revise the subpart B heading to
read as follows:
■
§ 300–70.100 Who must report the use of
first class and business class
transportation accommodations?
*
*
*
*
*
■ 6. Revise § 300–70.101 to read as
follows:
§ 300–70.101 What information must we
report on the use of first class and business
class transportation accommodations?
GSA issues Bulletins that will inform
you of the required information and
reporting format(s) for each trip where
you paid for at least one segment of first
class or business class transportation
accommodations that were more
expensive than coach class
accommodations for the same itinerary.
FTR bulletins are updated as necessary
and available at https://www.gsa.gov/
ftrbulletins.
■ 7. Revise § 300–70.102 to read as
follows:
§ 300–70.102 When must we report on the
use of first class and business class
transportation accommodations?
You must report to the U.S. General
Services Administration, Office of
Government-wide Policy no later than
December 31 of each year. The reporting
period is October 1 through September
30. Negative submissions, i.e., no data to
report, are required for Chief Financial
Officers (CFO) Act agencies and
agencies that reported the use of first
class or business class transportation
accommodations for the previous
reporting cycle. All other agencies may
provide a negative report.
■ 8. Amend § 300–70.103 by revising
the section heading, introductory text,
and paragraphs (a) and (b) to read as
follows:
§ 300–70.103 Are there any exceptions to
the first class and business class 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 report the
following aggregate information:
(a) Aggregate number of authorized
first class and business class trips that
are protected from disclosure;
(b) Total cost of actual first class and
business class fares paid that exceeded
the coach class fare; and
*
*
*
*
*
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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. Revise § 301–2.1 to read as
follows:
■
§ 301–2.1
travel?
Must I have authorization to
Yes, generally you must have written
authorization before incurring any travel
expense. When it is not practicable or
possible to obtain such authorization
before travel begins, your agency may
approve reimbursement for specific
travel expenses after travel is
completed. However, written advance
authorization is required for items in
§ 301–2.5(c), (i), (n), and (o) of this part.
■ 11. Amend § 301–2.4 by adding a new
sentence to the end of the section to
read as follows:
§ 301–2.4 For what travel expenses am I
responsible?
* * * Failure to provide sufficient
justification to your voucher approving
official for such accommodations or
services will limit your reimbursement
to the constructive cost of that which
your agency determines to be the actual
and necessary cost of the travel
expense(s) to perform the official travel.
§ 301–2.5
[Amended]
12. Amend § 301–2.5, in paragraph (b)
by removing ‘‘foreign air carrier’’ and
adding in its place ‘‘foreign air carrier or
foreign ship’’.
■
PART 301—TRANSPORTATION
EXPENSES
13. The authority citation for part
301–10 continues to read as follows:
■
Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c);
49 U.S.C. 40118; Office of Management and
Budget Circular No. A–126, ‘‘Improving the
Management and Use of Government
Aircraft.’’ Revised May 22, 1992.
14. Add §§ 301–10.101 through 301–
10.104 to read as follows:
*
*
*
*
*
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■
301–10.101 What classes of common carrier
accommodations are available?
301–10.102 What class of common carrier
accommodations must I use?
301–10.103 When may I use other than
coach class accommodations?
301–10.104 What must I do if I change or
do not use a common carrier reservation?
*
*
*
*
*
§ 301–10.101 What classes of common
carrier accommodations are available?
Common carriers frequently update
their levels of service and use various
terminologies to distinguish those levels
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of service. For the purposes of this title,
the classes of common carrier
transportation are categorized as coach
class, premium economy class, business
class, and first class.
Note 1 to § 301–10.101: If an airline flight
has only two classes of accommodations
available, i.e., two distinctly different seating
types (such as girth and pitch) and the front
of the aircraft is termed ‘‘premium economy
class’’ or higher by the airline and the tickets
are fare coded as premium economy class or
higher, then the front of the aircraft is
deemed to be other than coach class.
Alternatively, if an airline flight has only two
seating sections available but equips both
with one type of seating, (i.e., seating girth
and pitch are the same in both sections of the
aircraft), and the seats in the front of the
aircraft 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. In this second situation, qualifying for
other than coach class travel is not required
to purchase an unrestricted full fare economy
seat in the front of the aircraft as the entire
aircraft is considered ‘‘coach class.’’
§ 301–10.102 What class of common
carrier accommodations must I use?
For all official travel you must use
coach class accommodations, unless
your agency authorizes or approves the
use of other than coach class
accommodations as provided under
§ 301–10.103.
§ 301–10.103 When may I use other than
coach class accommodations?
You 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.
Therefore, you are required to use the
least expensive class of
accommodations necessary to meet your
needs and accomplish the agency’s
mission. You may use the lowest other
than coach class accommodations only
when your agency specifically
authorizes or approves such use as
specified in paragraph (a), (b), or (c) of
this section.
(a) Your agency may authorize or
approve reimbursement for premium
economy class accommodations when:
(1) Required 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;
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(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 premium economy class
accommodations if you require the
attendant’s services en route;
(2) Exceptional security
circumstances, as determined by your
agency, require premium economy class
accommodations;
(3) Coach class accommodations on
an authorized foreign carrier do not
provide adequate sanitation or health
standards;
(4) Regularly scheduled service
between origin and destination points,
including connecting points, provide
only other than coach class
accommodations and you certify such
on your voucher;
(5) Your common carrier costs are
paid in full through agency acceptance
of payment from a non-Federal source
in accordance with chapter 304 of this
title;
(6) Your origin and/or destination are
OCONUS and your scheduled flight
time, including stopovers and change of
planes, is in excess of eight hours;
(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 that allow you to
arrive in time to accomplish the
mission, which is urgent and cannot be
postponed; or
(9) Required because of agency
mission, consistent with your agency’s
internal procedures pursuant to § 301–
70.102(i).
(b) Your agency may authorize or
approve reimbursement for business
class accommodations under paragraphs
(a)(1) through (5) and (a)(7) through (9)
of this section, or when:
(1) Your origin and/or destination are
OCONUS;
(2) Your scheduled flight time,
including stopovers and change of
planes, is more than 14 hours;
(3) You are required to report to duty
the following day or sooner; and
(4) Your agency has determined
business class accommodations are
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more advantageous than authorizing a
rest period en route or at your
destination pursuant to § 301–11.20.
(c) Your agency may authorize or
approve reimbursement for first class
accommodations under paragraph (a)(1),
(2), or (9) of this section, or when no
coach class, premium economy class, or
business class accommodations are
reasonably available. ‘‘Reasonably
available’’ means available on a
common carrier 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.
Note 1 to § 301–10.103: Other than coach
class accommodations, including upgraded
contract City Pair Program fares, may be
obtained at a traveler’s personal expense,
including through redemption of program
membership benefits, such as frequent flyer.
§ 301–10.104 What must I do if I change or
do not use a common carrier reservation?
If you know you will change or not
use your reservation, you must take
action to change or cancel it as
prescribed by your agency. Also, you
must report all changes of your
reservation according to your agency’s
procedures in an effort to prevent losses
to the Government. Failure to do so may
subject you to liability for any resulting
losses.
■ 15. Revise § 301–10.105 to read as
follows:
§ 301–10.105 What must I do with unused
Government Transportation Request(s)
(GTR(s)), ticket(s) or refund application(s)?
You must submit any unused GTR(s),
unused ticket coupons, unused
e-tickets, unused e-vouchers, or refund
applications to your agency in
accordance with your agency’s
procedures.
■ 16. Remove the undesignated center
heading ‘‘Use of Contract City-Pair
Fares’’ that appears above § 301–10.106.
■ 17. Revise § 301–10.106 to read as
follows:
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§ 301–10.106 Am I authorized to receive or
keep a refund or credit for unused
transportation?
No. You are not authorized to receive
or keep a refund, credit, or any other
negotiable document from a
transportation service provider for
undelivered services (except as
provided in § 301–10.123) or any
portion of an unused ticket issued in
exchange for a GTR or billed to an
agency’s centrally billed account.
However, any charges billed directly to
your individually billed Government
charge card account should be credited
to your account. You must immediately
remit to the Government for any unused
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transportation expense(s) credited to
your individually billed Government
charge card account.
§ § 301–10.107 through 109
Reserved]
[Removed and
18. Remove and reserve §§ 301–10.107
through 301–10.109.
■ 19. Add an undesignated subpart
heading before § 301–10.110 to read as
follows:
■
Use of Contract City Pair Program Fares
*
*
*
*
*
301–10.110 When must I use a contract City
Pair Program fare?
301–10.111 Are there any exceptions to the
use of a contract City Pair Program fare?
301–10.112 What requirements must be met
to use a non-contract fare?301–10.104
What must I do if I change or do not use
a common carrier reservation?
301–10.113 What is my liability for
unauthorized use of a non-contract
carrier when contract service is available
and I do not meet one of the exceptions
for required use?
301–10.114 May I use contract passenger
transportation service for personal
travel?
*
*
*
*
*
■ 20. Revise §§ 301–10.110 through
301–10.114 to read as follows:
§ 301–10.110 When must I use a contract
City Pair Program fare?
If you are an employee of an agency
as defined in § 301–1.1 of this chapter,
you must use a contract City Pair
Program fare for scheduled air passenger
transportation service unless one of the
limited exceptions in § 301–10.111
exists.
Note 1 to § 301–10.110: When a contract
City Pair Program carrier offers a lower cost
capacity-controlled coach class contract fare
(_CA) and an unrestricted coach class
contract fare (YCA), you must use the lower
cost capacity-controlled fare when it is
advantageous and meets mission needs. A
listing of contract City Pair Program fares is
available at https://www.gsa.gov/citypairs.
Note 2 to § 301–10.110: Employees of the
Government of the District of Columbia, with
the exception of the District of Columbia
Courts, are not eligible to use contract City
Pair Program fares even though these
employees otherwise may be covered by the
FTR.
§ 301–10.111 Are there any exceptions to
the use of a contract City Pair Program
fare?
Yes, your agency may authorize use of
a non-contract fare when:
(a) There are no accommodations
available on any scheduled contract City
Pair Program flight arriving to your
destination in time to accomplish the
purpose of your travel or use of contract
service would require you to incur
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12053
unnecessary overnight lodging cost
which would increase the total cost of
the trip;
(b) The contractor’s flight schedule is
inconsistent with explicit policies of
your Federal department or agency with
regard to scheduling travel during
normal working hours;
(c) A non-contract carrier offers a
lower fare to the general public that, if
used, will result in a lower total trip
cost to the Government (the combined
costs of transportation, lodging, meals,
and related expenses considered); or
Note to paragraph (c): This exception does
not apply if the contract carrier offers the
same or lower fare and has seats available at
that fare, or if the fare offered by the noncontract carrier is restricted to Government
and military travelers performing official
business and may be purchased only with a
contractor-issued charge card, centrally
billed account (e.g., YDG, MDG, QDG, VDG,
and similar fares) or GTR where the two
previous options are not available.
(d) Cost effective rail transportation is
available and is consistent with mission
requirements.
Note 2 to § 301–10.111: A group of 10 or
more passengers traveling together on the
same day, on the same flight, for the same
mission, requiring group integrity and
identified as a group by the travel
management service upon booking is not a
mandatory user of the Government’s contract
City Pair Program fares. For group travel,
agencies are expected to obtain air passenger
transportation service that is practical and
cost effective to the Government.
Note 3 to § 301–10.111: Contractors are not
authorized to use contract City Pair Program
fares to perform travel under their contracts.
Note 4 to § 301–10.111: Carrier preference
is not a valid exception for using a noncontract City Pair Program fare.
§ 301–10.112 What requirements must be
met to use a non-contract fare?
(a) Before purchasing a non-contract
fare you must meet one of the exception
requirements listed in § 301–10.111 and
show approval on your travel
authorization to use a non-contract fare;
and
(b) If the non-contract fare is nonrefundable, restricted, or has specific
eligibility requirements, you must know
or reasonably anticipate, based on your
planned trip, that you will use the
ticket; and
(c) Your agency must determine that
the proposed non-contract
transportation is practical and cost
effective for the Government.
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§ 301–10.113 What is my liability for
unauthorized use of a non-contract carrier
when contract service is available and I do
not meet one of the exceptions for required
use?
You are responsible for any additional
costs or penalties incurred by you
resulting from unauthorized use of noncontract service.
§ 301–10.114 May I use contract passenger
transportation service for personal travel?
No, you may not use contract
passenger transportation service for
personal travel.
21. Remove and reserve §§ 301–10.115
through 301–10.117.
■
[Reserved]
22. Add reserved §§ 301–10.118 and
301–10.119.
■ 23. Add § 301–10.120 after the
undesignated center heading ‘‘Airline
Accommodations’’ to read as follows:
■
§ 301–10.120 What must I do when
different airlines furnish the same service at
different fares?
When there is no contract City Pair
Program fare and other carriers furnish
the same service at different fares
between the same points for the same
type of accommodations, you must use
the lowest cost service unless your
agency determines that the use of higher
cost service is more advantageous to the
Government.
■ 24. Revise §§ 301–10.121 through
301–10.124 to read as follows:
*
*
*
*
*
301–10.121 When may I use coach class
seating upgrade programs?
301–10.122 What must I do with
compensation an airline gives me if it
denies me a seat on a plane?
301–10.123 May I keep compensation an
airline gives me for voluntarily vacating
my seat on my scheduled airline flight
when the airline asks for volunteers?
301–10.124 When may I use a reduced
group or charter fare?
*
*
*
*
*
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§ 301–10.121 When may I use coach class
seating upgrade programs?
Use of upgraded coach class seating
options is generally a traveler’s personal
choice and therefore is at the traveler’s
personal expense. However, your
agency approving official may approve
reimbursement of the additional seat
choice fee according to part 301–13 of
this chapter or internal agency policy
(see § 301–70.102(k)).
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If you are performing official travel
and a carrier denies you a confirmed
reserved seat on a plane, you must give
your agency any payment you receive
for liquidated damages. You must
ensure the carrier shows the ‘‘Treasurer
of the United States’’ as payee on the
compensation check and then forward
the payment to the appropriate agency
official.
§ 301–10.123 May I keep compensation an
airline gives me for voluntarily vacating my
seat on my scheduled airline flight when the
airline asks for volunteers?
§ 301–10.115 through 301–10.117
[Removed and Reserved]
§ 301–10.118 and 301–10.119
§ 301–10.122 What must I do with
compensation an airline gives me if it
denies me a seat on a plane?
(a) Yes, you may keep airline
compensation if:
(1) Voluntarily vacating your seat will
not interfere with performing your
official duties; and
(2) Additional travel expenses,
incurred as a result of vacating your
seat, are borne by you and are not
reimbursed by the Government.
(b) If volunteering delays your travel
during duty hours, your agency will
charge you with annual leave for the
additional hours.
§ 301–10.124 When may I use a reduced
group or charter fare?
You may use a reduced group or
charter fare when your agency has
determined, on an individual case basis
before your travel begins, that use of
such a fare is cost effective. Chartered
aircraft are subject to the same rules as
Government aircraft, and agencies in the
executive branch of the Federal
Government are subject to the
requirements of Office of Management
and Budget (OMB) Circular A–126 and
41 CFR part 102–33 in making such cost
effectiveness determinations.
§ § 301–10.125
■
[Removed and Reserved]
25. Remove and reserve § 301–10.125.
§ 301–10.160 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. Use
of extra-fare train service must be
authorized or approved as other than
coach class accommodations as
provided in §§ 301–10.103(b) and 301–
10.103(c).
§ 301–10.161 When may I use sleeping
accommodations aboard train service?
You may use the lowest class of
sleeping accommodations aboard a train
that meets your mission needs when
overnight travel is required and your
agency determines it is advantageous to
the Government.
§ § 301–10.162 through 301–10.164
[Removed and Reserved]
30. Remove and reserve §§ 301–10.162
through 301–10.164.
■
§ § 301–10.165 through 301–10.179
[Reserved]
31. Add and reserve §§ 301–10.165
through 301–10.179.
■ 32. Revise § 301–10.180 to read as
follows:
■
§ 301–10.180
ship?
Must I travel by a U.S. flag
Yes, when authorized to travel by
ship you must use a U.S. flag ship when
one is available unless the necessity of
the mission requires the use of a foreign
ship. (See 46 U.S.C. 55302).
§ § 301–10.182 and 183
Reserved]
[Removed and
33. Remove and reserve §§ 301–10.182
and 301–10.183.
■
§ § 301–10.184 through 301–10.189
[Reserved]
34. Add and reserve §§ 301–10.184
through 301–10.189.
■
PART 301–11—PER DIEM EXPENSES
§ § 301–10.126 through 301–10.129
[Reserved]
35. The authority citation for 41 CFR
part 301–11 continues to read as
follows:
26. Add reserved §§ 301–10.126
through 301–10.129.
■
■
Authority: 5 U.S.C. 5707.
■
§ 301–10.130
[Reserved]
27. Add reserved § 301–10.130 after
the undesignated center heading ‘‘Use of
United States Flag Air Carriers’’.
■
§ § 301–10.144 through 301–10.159
[Reserved]
28. Add reserved §§ 301–10.144
through 301–10.159.
■ 29. Revise §§ 301–10.160 and 301–
10.161 to read as follows:
■
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36. Amend § 301–11.20 by revising
paragraph (a) and adding Note 1 to read
as follows:
§ 301–11.20 May my agency authorize a
rest period for me while I am traveling?
(a) Your agency may authorize a rest
period not in excess of 24 hours at
either an intermediate point or at your
destination when:
(1) Either your origin or destination is
OCONUS;
(2) Your scheduled flight time,
including stopovers, exceeds 14 hours;
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(3) Travel is by a direct or usually
traveled route; and
(4) Travel is by coach class or
premium economy class.
*
*
*
*
*
Note 1 to § 301–11.20: Your agency may
authorize a rest period that exceeds 24 hours
37. Amend § 301–11.26 by revising
the table to read as follows: in the
second row of the second column of the
table by removing ‘‘SP&P/Allowances
Branch’’ and adding ‘‘Policy and
Regulations Division’’ in its place, and
by removing ‘‘Suite 04J325–01’’ and
adding ‘‘Suite 04J25–01’’ in its place.
■
For CONUS locations
For non-foreign area locations
For foreign area locations
General Services Administration, Office of Government-wide Policy, 1800 F St. NW, Washington, DC 20405.
Defense Travel Management Office, Attn: Policy and Regulations Division, 4800 Mark
Center Drive, Suite 04J25–01, Alexandria,
VA 22350–9000.
Director, Office of Allowances, Department of
State, Annex 1, Suite L–314, Washington,
DC 20522–0103.
§ 301–53.6
PART 301–13—TRAVEL OF AN
EMPLOYEE WITH SPECIAL NEEDS
38. The authority citation for 41 CFR
part 301–13 continues to read as
follows:
Authority: 5 U.S.C. 5707.
39. Amend § 301–13.3 by revising the
introductory paragraph and paragraph
(f) to read as follows:
■
§ 301–13.3 What additional travel
expenses may my agency pay under this
part?
Your agency approving official may
pay for any expenses deemed necessary
by your agency to accommodate your
special need including, but not limited
to, the following expenses:
*
*
*
*
*
(f) Other than coach class
accommodations to accommodate your
special need, under subpart B of part
301–10 of this subchapter; and
*
*
*
*
*
PART 301–53—USING PROMOTIONAL
MATERIAL AND FREQUENT
TRAVELER PROGRAMS
40. The authority citation for part
301–53 continues to read as follows:
■
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
§ 301–53.4
[Amended]
41. Amend § 301–53.4 by removing
‘‘§§ 301–10.109 and 301–10.110’’ and
adding ‘‘§§ 301–10.113 and 301–10.114’’
in its place.
■ 42. Revise § 301–53.5 to read as
follows:
■
§ 301–53.5 Are there exceptions to the
mandatory use of contract City Pair
Program fares and an agency’s travel
management service?
Yes, the exceptions are in accordance
with §§ 301–10.111 and 301–10.112 of
this chapter for the mandatory use of a
contract City Pair Program fare, and
§ 301–73.103 of this chapter for the
mandatory use of a travel management
service.
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[Amended]
43. Amend § 301–53.6 by removing
‘‘§ 301–10.116’’ and ‘‘§ 301–10.117’’ and
adding ‘‘§ 301–10.122’’ and ‘‘§ 301–
10.123’’ in their places, respectively.
■
■
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when no scheduled transportation service
departs within 24 hours of your arrival at an
intermediate point. To qualify for a rest
period exceeding 24 hours, you must be
scheduled to board the first available
scheduled departure. Your agency will
determine a reasonable additional length of
time for any rest period exceeding 24 hours.
12055
PART 301–70—INTERNAL POLICY
AND PROCEDURE REQUIREMENTS
44. The authority citation for part
301–70 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); OMB Circular No. A–126,
revised May 22, 1992; OMB Circular No. A–
123, Appendix B, revised January 15, 2009.
45. Amend § 301–70.102 by revising
paragraphs (b)(1) and(3), (d), (i), and (k)
to read as follows:
■
§ 301–70.102 What governing policies
must we establish for authorization and
payment of transportation expenses?
*
*
*
*
*
(b) * * *
(1) Use of other than coach class
transportation under § 301–10.103 of
this chapter;
*
*
*
*
*
(3) Use of an extra-fare train service
under § 301–10.160;
*
*
*
*
*
(d) When you consider the use of a
POV advantageous to the Government,
such as travel to and from common
carrier terminals or to the TDY location.
When determining whether the use of a
POV to a TDY location is the most
advantageous method of transportation,
you must consider the total cost of using
a POV as compared to the total cost of
using a rental vehicle, including rental
costs, fuel, taxes, parking (at a common
carrier terminal—not to exceed the cost
of taxi or transportation network
company fare, etc.), and any other
relevant costs;
*
*
*
*
*
(i) Develop and issue internal
guidance on what specific mission
criteria justify use of other than coach
class transportation under § 301–
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10.103(a)(9) and the use of other than
the least expensive compact car
available under § 301–10.450(c). The
justification criteria shall be noted on
the traveler’s authorization.
*
*
*
*
*
(k) Develop and publish internal
guidance regarding when coach class
seating upgrade fees will be authorized
as advantageous to the Government and
reimbursed (see § 301–10.121).
■ 46. Amend § 301–70.401 by revising
paragraph (a) to read as follows:
§ 301–70.401 What governing policies and
procedures must we establish regarding
travel of an employee with a disability or
special need?
*
*
*
*
*
(a) Who will determine if an
employee has a disability or special
need which requires accommodation,
including when documentation is
necessary under §§ 301–10.103 and
301–10.121, and when a determination
may be based on a clearly visible and
discernible physical condition; and
*
*
*
*
*
PART 301–71—AGENCY TRAVEL
ACCOUNTABILITY REQUIREMENTS
47. 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).
48. Amend § 301–71.105 by revising
to read as follows:
■
§ 301–71.105 Must we issue a written
travel authorization in advance of travel?
Yes, except when advance written
authorization is not possible or practical
and approval is in accordance with
§§ 301–2.1, 301–2.5, or 304–3.13.
However, the following always require
advance written authorization:
(a) Use of reduced fares for group or
charter arrangements;
(b) Payment of a reduced rate per
diem;
E:\FR\FM\03MRP1.SGM
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12056
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules
(c) Acceptance of payment from a
non–Federal source for travel expenses
(see chapter 304 of this title); and
(d) Travel expenses related to
attendance at a conference.
Appendix C to Chapter 301
■ 49. Amend appendix C to chapter 301
by—
■ a. Revising the entry for
‘‘Transportation Method Indicator’’ in
the table for ‘‘Commercial
Transportation Information’’; and
revising the entry for ‘‘Transportation
Method Indicator’’ in the table ‘‘Travel
Expense Information’’. The revisions
read as follows:
Appendix C to Chapter 301—Standard
Data Elements for Federal Travel
[Traveler Identification]
*
*
*
*
*
COMMERCIAL TRANSPORTATION INFORMATION
Group name
Data elements
*
*
Transportation Method Indicator ....
*
Description
*
*
*
*
Air (other than coach class) .......... Common carrier used as transportation to TDY location.
Air (coach class).
Non-contract Air, Train, Other.
*
*
*
*
*
*
*
TRAVEL EXPENSE INFORMATION
Group name
Data elements
*
*
Transportation Method Indicator ....
*
*
*
*
*
*
*
*
Air (other than coach class) .......... The amount of money the transportation actually cost the traveler, entered according to method of transportation.
Air (coach class).
Non-contract Air, Train.
Other .............................................. Bus or other form of transportation.
*
*
*
*
50. The authority citation for part
304–3 continues to read as follows:
■
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
51. Revise § 304–3.9 to read as
follows:
■
§ 304–3.9 May I use other than coach class
accommodations on common carriers when
a non-Federal source pays in full for my
common carrier expenses to attend a
meeting?
khammond on DSKJM1Z7X2PROD with PROPOSALS
Yes, you may use other than coach
class accommodations on common
carriers if you meet one of the criteria
contained in § 301–10.103 of this title,
and are authorized to do so by your
agency in accordance with § 304–5.5 of
this chapter.
PART 304–5—AGENCY
RESPONSIBILITIES
*
Yes, you may authorize an employee
to use other than coach class
accommodations on common carriers as
long as the:
*
*
*
*
*
(c) Travel meets at least one of the
conditions in § 301–10.103 of this title.
[FR Doc. 2022–03068 Filed 3–2–22; 8:45 am]
BILLING CODE 6820–14–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2021–0093;
FF09E22000 FXES1113090FEDR 223]
RIN 1018–BF56
52. 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.
52. Amend § 304–5.5 by revising the
section heading, introductory text, and
paragraph (c) to read as follows:
■
16:46 Mar 02, 2022
*
§ 304–5.5 May we authorize an employee
to use other than coach class
accommodations on common carriers if we
accept payment in full from a non-Federal
source for such transportation expenses?
*
PART 304–3—EMPLOYEE
RESPONSIBILITY
VerDate Sep<11>2014
Description
Jkt 256001
Endangered and Threatened Wildlife
and Plants; Reclassification of the
Relict Darter From Endangered to
Threatened With a Section 4(d) Rule
AGENCY:
Fish and Wildlife Service,
Interior.
PO 00000
Frm 00071
Fmt 4702
Sfmt 4702
*
*
Proposed rule; availability of
draft recovery plan and request for
public comment.
ACTION:
We, the U.S. Fish and
Wildlife Service (Service), propose to
reclassify (downlist) the relict darter
(Etheostoma chienense) from
endangered to threatened under the
Endangered Species Act of 1973, as
amended (Act). The relict darter is a fish
species that occupies the Bayou de
Chien stream system in western
Kentucky. Our evaluation of the best
available scientific and commercial
information indicates that the species’
status has improved such that it is not
currently in danger of extinction
throughout all or a significant portion of
its range, but that it is still likely to
become so in the foreseeable future. We
also propose a rule under section 4(d) of
the Act that provides for the
conservation of the relict darter. In
addition, we announce the availability
of the draft recovery plan for the relict
darter. The draft recovery plan includes
specific recovery objectives and criteria
based on the species status assessment.
We request review of this proposal and
of the draft recovery plan and comment
from local, State, and Federal agencies,
nongovernmental organizations, Tribes,
and the public.
SUMMARY:
E:\FR\FM\03MRP1.SGM
03MRP1
Agencies
[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Proposed Rules]
[Pages 12048-12056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03068]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-3, 300-70, 301-2, 301-10, 301-11, 301-13, 301-53,
301-70, 301-71, Appendix C to Chapter 301, 304-3, and 304-5
[FTR Case 2020-300-1; Docket No. 2022-0005, Sequence No. 1]
RIN 3090-AK40
Federal Travel Regulation (FTR); Common Carrier Transportation
AGENCY: General Services Administration.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. General Services Administration (GSA) proposes to
amend the Federal Travel Regulation (FTR) by adding definitions to the
Glossary of Terms; adopting recommendations from agencies and the
Senior Travel Official Council to simplify the FTR; consolidating
duplicative regulations pertaining to the use of common carrier
transportation accommodations; introducing premium economy airline
accommodations as a class of service and creating management controls
related to the use thereof; removing an outdated exception to use of a
Contract City Pair fare; sequencing common carrier regulations in a
more logical order; and making miscellaneous editorial corrections.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at the address shown below on or before
May 2, 2022 to be considered in the formation of the final rule.
ADDRESSES: Submit comments in response to FTR case 2020-300-1 to:
Regulations.gov: https://www.regulations.gov. Submit comments via the
Federal eRulemaking portal by searching for ``FTR Case 2020-300-1''.
Select the link ``Comment Now'' that corresponds with FTR Case 2020-
300-1. Follow the instructions provided at the ``Comment Now'' screen.
Please include your name, company name (if any), and ``FTR Case 2020-
300-1'' on your attached document. If your comment cannot be submitted
using https://www.regulations.gov, call or email the points of contact
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
Instructions: Please submit comments only and cite FTR Case 2020-
300-1, in all correspondence related to this case. Comments received
generally will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential
[[Page 12049]]
information provided. To confirm receipt of your comment(s), please
check https://www.regulations.gov, approximately two to three days
after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Tom Mueller, Director of Travel, Relocation, Mail, and
Transportation Division, Office of Government-wide Policy, at 202-208-
0247 or by email at [email protected]. For information pertaining
to status or publication schedules, contact the Regulatory Secretariat
Division at 202-501-4755 or [email protected]. Please cite FTR Case
2020-300-1.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to 5 U.S.C. 5707, the Administrator of General Services is
authorized to prescribe regulations regarding reimbursement for Federal
employees traveling on official business away from their official duty
stations. The overall implementing authority is the FTR, codified in
Title 41 of the Code of Federal Regulations, Chapters 300-304 (41 CFR
chapters 300-304).
GSA proposes amending the FTR by defining multiple terms, to
include ``coach class'', ``other than coach class'' (which includes
``first class'', ``business class'', and ``premium economy class''),
``contract City Pair Program'', ``scheduled flight time'', and
``usually traveled route'', along with making other minor editorial
changes in the Glossary of Terms. This proposed rule also relocates
regulations that are informational and not directive in nature, such as
``What is an extra-fare train?'' (FTR Sec. 301-10.163), and more
appropriately places them in the ``Glossary of Terms''.
GSA amended the FTR on October 27, 2009 (74 FR 55145) to implement
recommendations contained in the U.S. 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). The final rule replaced ``first-class'',
``business-class'', and ``premium-class'' with a broad term, ``other
than coach-class.'' Since that time, changes in the airline industry,
such as unbundling of services and the creation of classes of service
between coach and business class, has created uncertainty on what
accommodations must be reported as other than coach class.
Consequently, GSA proposes to define the term ``other than coach
class'' to include ``first class'', ``business class'', and ``premium
economy class'', while also clearly delineating that only first class
and business class need to be reported as part of GSA's efforts to
ensure against improper and abusive Government travel costs per GAO-07-
1268.
Including premium economy class as its own class of service aligns
with current commercial airline industry practice and acknowledges a
potentially cost-saving alternative to business class accommodations
for Federal travelers.
During the past 10 years, business class airline accommodations
have accounted for about 97% of the cost of all reportable other than
coach class transportation. Of the aforementioned 97% of business class
air trips, 35% were authorized using the ``14-hour rule'' per FTR 301-
10.125. As premium economy airline tickets tend to be less expensive
than business class, particularly for flights to destinations outside
the continental United States (OCONUS), GSA proposes to allow agencies
to authorize premium economy accommodations when scheduled flight time
exceeds eight hours and travel is to, from or between OCONUS locations,
i.e., foreign and non-foreign areas. This exception for using premium
economy is similar to travel allowances provided by the private sector
and is aimed at reducing the use of first class and business class
transportation with the anticipation that agencies will authorize
premium economy where offered, instead of business or first class, when
otherwise eligible. In the event a traveler is authorized to fly
premium economy under the new eight-hour rule, eligibility for a rest
period will still follow the 14-hour rule.
Some agencies have expressed the need for a rest period in excess
of 24 hours when there is limited availability of scheduled departures,
as travelers may encounter when traveling to certain foreign or remote
locations. Accordingly, GSA proposes to add a note to section 301-11.20
informing agencies they may authorize a rest period in excess of 24
hours under the circumstances outlined in the proposed note.
Additionally, agencies are required to report annual travel data on
certain types of travel per subpart B of FTR part 300-70. Premium class
travel (formally known as ``other than coach class'' travel) is one
such type of travel that requires annual reporting. Premium class
travel reporting requirements are set forth in the FTR and do not have
a statutorily mandated deadline for submission, which provides the
Administrator of General Services latitude on setting reporting
deadlines. Typically, several agencies request an extension to submit
their premium class travel data. To provide agencies more time to
review their data, GSA proposes to set the premium class travel
reporting requirement as December 31 of each year (instead of the
current 60 days after the end of each fiscal year).
GSA also proposes to refer to the ``premium class'' or ``other than
coach class'' travel report as the ``first class and business class''
travel report as reporting will be limited to only first and business
class accommodations. The renaming of this report will avoid confusion
with the newly proposed definitions of ``other than coach class'' and
``premium economy class''. Agencies will not report premium economy
class or coach class seating upgrades in the first class and business
class report as costs for both are likely to be substantially lower
than business and first class accommodations and therefore pose less
risk for travel cost abuse. To further reduce agency reporting burden,
GSA proposes that negative submissions only be required for CFO Act
agencies and agencies that reported the use of first class or business
class accommodations for the previous reporting cycle. All other
agencies may provide a negative report, but would not be required to do
so. These changes, along with clarifying that agencies only need to
report first class and business class accommodations, will promote a
common understanding across Government and improve agency reporting
requirements.
GSA also proposes several changes to the FTR based on
recommendations from the Travel and Expense Management Federal
Integrated Business Framework working group, established by GSA in
April 2017, in which GSA worked with other agencies to develop baseline
travel and expense management standards. For example, the group
proposed removing an outdated City Pair Program exemption which allowed
travelers to use a non-contract fare if smoking is permitted on the
contract air carrier and the nonsmoking section of the contract
aircraft is not acceptable (FTR Sec. 301-10.107(e)). In 2000, smoking
was banned on all scheduled U.S. domestic and international airline
flights between the U.S. and another country (65 FR 36771), which
eventually led to smoke-free policies for airlines worldwide.
Consequently, GSA proposes to remove this outdated exception to
Contract City Pair Program fare use.
This proposed rule also eliminates the duplicative language in the
FTR on the classes of accommodations for each mode of common carrier
transportation, i.e., FTR Sec. Sec. 301-10.121 (air), 301-
[[Page 12050]]
10.160 (rail), and 301-10.182 (ship), the requirement to use coach
class accommodations for each mode, i.e., FTR Sec. Sec. 301-10.122
(air), 301-10.161 (rail), and 301-10.183 (ship), and the duplicative
regulations that prescribe exceptions to when a traveler may be
authorized use of other than coach class accommodations, i.e., FTR
Sec. Sec. 301-10.123 (air), 301-10.162 (rail), and 301-10.183 (ship),
into a single definition for ``coach class'', one regulation on the
requirement to use coach class, and one regulation governing when other
than coach class may be authorized, irrespective of the mode of common
carrier transportation. Further, this rule proposes to eliminate
examples of exceptional security circumstances that currently accompany
the exception for use of other than coach class, as such circumstances
are determined by the agency.
The proposed rule also clarifies circumstances under which agencies
may authorize the use of sleeping cars on trains.
Lastly, due in part to the consolidation and elimination of
multiple regulations, this proposed rule resequences the common carrier
regulations found in FTR part 301-10. It also makes other miscellaneous
editorial changes.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
The Office of Management and Budget's Office of Information and
Regulatory Affairs (OIRA) anticipates that this will not be a
significant regulatory action and, therefore, was not subject to review
under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated
September 30, 1993.
III. Congressional Review Act
Subtitle E of the Small Business Regulatory Enforcement Fairness
Act of 1996 (codified at 5 U.S.C. 801-808), also known as the
Congressional Review Act or CRA, generally provides that before a rule
may take effect, the agency promulgating the rule must submit a rule
report, which includes a copy of the rule, to each House of the
Congress and to the Comptroller General of the United States. OIRA has
determined that this proposed rule is not a ``major rule'' as defined
by 5 U.S.C. 804(2).
IV. Regulatory Flexibility Act
GSA does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because it applies only to Federal agencies and employees.
Therefore, an Initial Regulatory Flexibility Analysis has not been
performed. GSA invites comments from small business concerns and other
interested parties on the expected impact of this rulemaking on small
entities.
GSA will also consider comments from small entities concerning the
existing regulations in subparts affected by the rulemaking in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C 610 (FTR Case 2020-300-1),
in correspondence.
V. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FTR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.
List of Subjects
41 CFR Part 300-3
Government employees, Travel and transportation expenses.
41 CFR Part 300-70
Government employees, Reporting and recordkeeping requirements,
Travel and transportation expenses.
41 CFR Part 301-2
Government employees, Travel and transportation expenses.
41 CFR Part 301-10
Common carriers, Government employees, Government property, Travel
and transportation expenses.
41 CFR Part 301-11
Government employees, Travel and transportation expenses.
41 CFR Part 301-13
Government employees, Individuals with disabilities, Travel and
transportation expenses.
41 CFR Part 301-53
Government employees, Travel and transportation expenses.
41 CFR Part 301-70
Administrative practice and procedure, Government employees,
Individuals with disabilities, Travel and transportation expenses.
41 CFR Part 301-71
Accounting, Government employees, Travel and transportation
expenses.
41 CFR Part 304-3 and 304-5
Government employees, Travel and transportation expenses.
Krystal J. Brumfield,
Associate Administrator, Office of Government-wide Policy.
Under 5 U.S.C. 5707 and as discussed in the preamble, GSA proposes
to amend 41 CFR parts 300-3, 300-70, 301-2, 301-10, 301-11, 301-13,
301-53, 301-70, 301-71, Appendix C to Chapter 301, 304-3, and 304-5 as
set forth below:
PART 300-3--GLOSSARY OF TERMS
0
1. The authority citation for part 300-3 continues to read as follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118; 5
U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353;
E.O. 11609, as amended, 3 CFR, 1971-1975 Comp., p. 586, Office of
Management and Budget Circular No. A-126, revised May 22, 1992.
0
2. Amend Sec. 300-3.1 by:
0
a. Adding, in alphabetical order, definitions for ``Coach class'',
``Coach class seating upgrade programs'', and ``Contract City Pair
Program'';
0
b. Revising the definition of ``Common carrier;
0
c. Adding, in alphabetical order, definitions for ``Extra-fare train''
and ''Other than coach class'';
0
d. Revising the definition of ``Privately owned automobile''; and
0
e. Adding, in alphabetical order, definitions for ``Scheduled flight
time'' and ``Usually traveled route'';
The revisions and additions read as follows:
Sec. 300-3.1 What do the following terms mean?
* * * * *
Coach class--The class of accommodation that is normally the lowest
class of fare offered by common carriers regardless of terminology
used. For reference purposes only, coach class may also be referred to
as tourist class, economy class, steerage, or standard class.
Coach class seating upgrade programs--Under commercial air
transportation seating upgrade programs, a passenger may obtain a
[[Page 12051]]
preferable seat choice or increased amenities or services within the
coach class seating area. These upgraded choices are generally
available for a fee, as a program membership benefit (such as frequent
flyer) or at an airport kiosk or gate. Coach class seating upgrade
options are not considered a new or higher class of accommodation from
coach as the seat is lower than other than coach class accommodations
in terms of cost and amenities (e.g., seating girth and pitch, priority
boarding, luggage allowance, expedited food/drink service).
* * * * *
Common carrier--Private sector supplier of air, rail, bus, ship, or
other transit system.
* * * * *
Contract City Pair Program--A mandatory use (see Sec. 301-10.110
for required users) Government program that provides commercially
available scheduled air passenger transportation services to Government
travelers on official business. The City Pair Program offers negotiated
firm- fixed-price fares on one-way routes between airports that apply
in either direction of travel. Fares may be issued using one of the
following fare types, or others that the contract City Pair Program may
solicit:
(1) Capacity-controlled coach class contract fare (_CA). A contract
City Pair Program coach class fare that is less expensive than the
unrestricted coach class fare (YCA), but has limited inventory
availability, meaning, once the flight reaches a certain capacity, _CA
fares may no longer be available for booking. Unlike YCA fares, _CA
fares are restricted by the availability of seats. Accordingly, early
booking may increase the likelihood of booking a _CA fare. The first
character of the three-character fare basis code varies by airline.
(2) Unrestricted coach class contract fare (YCA). A contract City
Pair Program coach class fare that is more expensive than a _CA fare,
but offers last seat (inventory) availability (unless a flight is
already sold out), meaning, as long as coach class inventory is
available to sell on the flight, the Government traveler can purchase
it.
(3) Contract business fare (_CB). Contract fare offered by carriers
in some domestic and international line item markets for business class
service. The first character of the three-character fare basis code
varies by airline.
* * * * *
Extra-fare train-A train that operates at an increased fare due to
the extra performance of the train, i.e., faster speed or fewer stops,
or both.
* * * * *
Other than coach class--Any class of accommodations above coach
class.
(1) First class. The highest class of accommodation offered by a
common carrier in terms of cost and amenities.
(2) Business class. A class of accommodation offered by a common
carrier that is lower than first class but higher than coach and
premium economy, in cost and amenities.
(3) Premium economy class. A class of airline accommodation that is
lower than both first class and business class, but higher than coach
class in terms of cost and amenities. Airlines are constantly updating
their offerings; however, for the purposes of this regulation, premium
economy class is considered a separate, higher class of accommodation
from coach class and is not considered a coach class seating upgrade.
* * * * *
Privately owned automobile--A car or light truck, including a van
or a pickup truck, that is owned or leased for personal use by an
individual, but not necessarily the traveler.
* * * * *
Scheduled flight time--The flight time between the originating
departure point and the ultimate arrival point, as scheduled by the
airline, 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.
* * * * *
Usually traveled route--The most direct route between the
employee's official station (or invitational traveler's home) and the
temporary duty location, as defined by maps or consistent with
established scheduled services of contract or other common carriers.
PART 300-70--AGENCY REPORTING REQUIREMENTS
0
3. The authority citation for 41 CFR part 300-70 continues 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, 1971-1975 Comp., p. 586.
0
4. Amend subpart B of part 300-70 by revising the subpart heading to
read as follows:
Subpart B--Requirement to Report Use of First Class and Business
Class Transportation Accommodations
0
5. Revise the subpart B heading to read as follows:
Sec. 300-70.100 Who must report the use of first class and business
class transportation accommodations?
* * * * *
0
6. Revise Sec. 300-70.101 to read as follows:
Sec. 300-70.101 What information must we report on the use of first
class and business class transportation accommodations?
GSA issues Bulletins that will inform you of the required
information and reporting format(s) for each trip where you paid for at
least one segment of first class or business class transportation
accommodations that were more expensive than coach class accommodations
for the same itinerary. FTR bulletins are updated as necessary and
available at https://www.gsa.gov/ftrbulletins.
0
7. Revise Sec. 300-70.102 to read as follows:
Sec. 300-70.102 When must we report on the use of first class and
business class transportation accommodations?
You must report to the U.S. General Services Administration, Office
of Government-wide Policy no later than December 31 of each year. The
reporting period is October 1 through September 30. Negative
submissions, i.e., no data to report, are required for Chief Financial
Officers (CFO) Act agencies and agencies that reported the use of first
class or business class transportation accommodations for the previous
reporting cycle. All other agencies may provide a negative report.
0
8. Amend Sec. 300-70.103 by revising the section heading, introductory
text, and paragraphs (a) and (b) to read as follows:
Sec. 300-70.103 Are there any exceptions to the first class and
business class 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 report the following aggregate information:
(a) Aggregate number of authorized first class and business class
trips that are protected from disclosure;
(b) Total cost of actual first class and business class fares paid
that exceeded the coach class fare; and
* * * * *
[[Page 12052]]
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. Revise Sec. 301-2.1 to read as follows:
Sec. 301-2.1 Must I have authorization to travel?
Yes, generally you must have written authorization before incurring
any travel expense. When it is not practicable or possible to obtain
such authorization before travel begins, your agency may approve
reimbursement for specific travel expenses after travel is completed.
However, written advance authorization is required for items in Sec.
301-2.5(c), (i), (n), and (o) of this part.
0
11. Amend Sec. 301-2.4 by adding a new sentence to the end of the
section to read as follows:
Sec. 301-2.4 For what travel expenses am I responsible?
* * * Failure to provide sufficient justification to your voucher
approving official for such accommodations or services will limit your
reimbursement to the constructive cost of that which your agency
determines to be the actual and necessary cost of the travel expense(s)
to perform the official travel.
Sec. 301-2.5 [Amended]
0
12. Amend Sec. 301-2.5, in paragraph (b) by removing ``foreign air
carrier'' and adding in its place ``foreign air carrier or foreign
ship''.
PART 301--TRANSPORTATION EXPENSES
0
13. The authority citation for part 301-10 continues to read as
follows:
Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c); 49 U.S.C. 40118;
Office of Management and Budget Circular No. A-126, ``Improving the
Management and Use of Government Aircraft.'' Revised May 22, 1992.
0
14. Add Sec. Sec. 301-10.101 through 301-10.104 to read as follows:
* * * * *
301-10.101 What classes of common carrier accommodations are
available?
301-10.102 What class of common carrier accommodations must I use?
301-10.103 When may I use other than coach class accommodations?
301-10.104 What must I do if I change or do not use a common carrier
reservation?
* * * * *
Sec. 301-10.101 What classes of common carrier accommodations are
available?
Common carriers frequently update their levels of service and use
various terminologies to distinguish those levels of service. For the
purposes of this title, the classes of common carrier transportation
are categorized as coach class, premium economy class, business class,
and first class.
Note 1 to Sec. 301-10.101: If an airline flight has only two
classes of accommodations available, i.e., two distinctly different
seating types (such as girth and pitch) and the front of the
aircraft is termed ``premium economy class'' or higher by the
airline and the tickets are fare coded as premium economy class or
higher, then the front of the aircraft is deemed to be other than
coach class. Alternatively, if an airline flight has only two
seating sections available but equips both with one type of seating,
(i.e., seating girth and pitch are the same in both sections of the
aircraft), and the seats in the front of the aircraft 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. In this second situation,
qualifying for other than coach class travel is not required to
purchase an unrestricted full fare economy seat in the front of the
aircraft as the entire aircraft is considered ``coach class.''
Sec. 301-10.102 What class of common carrier accommodations must I
use?
For all official travel you must use coach class accommodations,
unless your agency authorizes or approves the use of other than coach
class accommodations as provided under Sec. 301-10.103.
Sec. 301-10.103 When may I use other than coach class
accommodations?
You 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. Therefore, you are required
to use the least expensive class of accommodations necessary to meet
your needs and accomplish the agency's mission. You may use the lowest
other than coach class accommodations only when your agency
specifically authorizes or approves such use as specified in paragraph
(a), (b), or (c) of this section.
(a) Your agency may authorize or approve reimbursement for premium
economy class accommodations when:
(1) Required 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 premium economy class accommodations if
you require the attendant's services en route;
(2) Exceptional security circumstances, as determined by your
agency, require premium economy class accommodations;
(3) Coach class accommodations on an authorized foreign carrier do
not provide adequate sanitation or health standards;
(4) Regularly scheduled service between origin and destination
points, including connecting points, provide only other than coach
class accommodations and you certify such on your voucher;
(5) Your common carrier costs are paid in full through agency
acceptance of payment from a non-Federal source in accordance with
chapter 304 of this title;
(6) Your origin and/or destination are OCONUS and your scheduled
flight time, including stopovers and change of planes, is in excess of
eight hours;
(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 that allow
you to arrive in time to accomplish the mission, which is urgent and
cannot be postponed; or
(9) Required because of agency mission, consistent with your
agency's internal procedures pursuant to Sec. 301-70.102(i).
(b) Your agency may authorize or approve reimbursement for business
class accommodations under paragraphs (a)(1) through (5) and (a)(7)
through (9) of this section, or when:
(1) Your origin and/or destination are OCONUS;
(2) Your scheduled flight time, including stopovers and change of
planes, is more than 14 hours;
(3) You are required to report to duty the following day or sooner;
and
(4) Your agency has determined business class accommodations are
[[Page 12053]]
more advantageous than authorizing a rest period en route or at your
destination pursuant to Sec. 301-11.20.
(c) Your agency may authorize or approve reimbursement for first
class accommodations under paragraph (a)(1), (2), or (9) of this
section, or when no coach class, premium economy class, or business
class accommodations are reasonably available. ``Reasonably available''
means available on a common carrier 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.
Note 1 to Sec. 301-10.103: Other than coach class
accommodations, including upgraded contract City Pair Program fares,
may be obtained at a traveler's personal expense, including through
redemption of program membership benefits, such as frequent flyer.
Sec. 301-10.104 What must I do if I change or do not use a common
carrier reservation?
If you know you will change or not use your reservation, you must
take action to change or cancel it as prescribed by your agency. Also,
you must report all changes of your reservation according to your
agency's procedures in an effort to prevent losses to the Government.
Failure to do so may subject you to liability for any resulting losses.
0
15. Revise Sec. 301-10.105 to read as follows:
Sec. 301-10.105 What must I do with unused Government Transportation
Request(s) (GTR(s)), ticket(s) or refund application(s)?
You must submit any unused GTR(s), unused ticket coupons, unused e-
tickets, unused e-vouchers, or refund applications to your agency in
accordance with your agency's procedures.
0
16. Remove the undesignated center heading ``Use of Contract City-Pair
Fares'' that appears above Sec. 301-10.106.
0
17. Revise Sec. 301-10.106 to read as follows:
Sec. 301-10.106 Am I authorized to receive or keep a refund or
credit for unused transportation?
No. You are not authorized to receive or keep a refund, credit, or
any other negotiable document from a transportation service provider
for undelivered services (except as provided in Sec. 301-10.123) or
any portion of an unused ticket issued in exchange for a GTR or billed
to an agency's centrally billed account. However, any charges billed
directly to your individually billed Government charge card account
should be credited to your account. You must immediately remit to the
Government for any unused transportation expense(s) credited to your
individually billed Government charge card account.
Sec. Sec. 301-10.107 through 109 [Removed and Reserved]
0
18. Remove and reserve Sec. Sec. 301-10.107 through 301-10.109.
0
19. Add an undesignated subpart heading before Sec. 301-10.110 to read
as follows:
Use of Contract City Pair Program Fares
* * * * *
301-10.110 When must I use a contract City Pair Program fare?
301-10.111 Are there any exceptions to the use of a contract City
Pair Program fare?
301-10.112 What requirements must be met to use a non-contract
fare?301-10.104 What must I do if I change or do not use a common
carrier reservation?
301-10.113 What is my liability for unauthorized use of a non-
contract carrier when contract service is available and I do not
meet one of the exceptions for required use?
301-10.114 May I use contract passenger transportation service for
personal travel?
* * * * *
0
20. Revise Sec. Sec. 301-10.110 through 301-10.114 to read as follows:
Sec. 301-10.110 When must I use a contract City Pair Program fare?
If you are an employee of an agency as defined in Sec. 301-1.1 of
this chapter, you must use a contract City Pair Program fare for
scheduled air passenger transportation service unless one of the
limited exceptions in Sec. 301-10.111 exists.
Note 1 to Sec. 301-10.110: When a contract City Pair Program
carrier offers a lower cost capacity-controlled coach class contract
fare (_CA) and an unrestricted coach class contract fare (YCA), you
must use the lower cost capacity-controlled fare when it is
advantageous and meets mission needs. A listing of contract City
Pair Program fares is available at https://www.gsa.gov/citypairs.
Note 2 to Sec. 301-10.110: Employees of the Government of the
District of Columbia, with the exception of the District of Columbia
Courts, are not eligible to use contract City Pair Program fares
even though these employees otherwise may be covered by the FTR.
Sec. 301-10.111 Are there any exceptions to the use of a contract
City Pair Program fare?
Yes, your agency may authorize use of a non-contract fare when:
(a) There are no accommodations available on any scheduled contract
City Pair Program flight arriving to your destination in time to
accomplish the purpose of your travel or use of contract service would
require you to incur unnecessary overnight lodging cost which would
increase the total cost of the trip;
(b) The contractor's flight schedule is inconsistent with explicit
policies of your Federal department or agency with regard to scheduling
travel during normal working hours;
(c) A non-contract carrier offers a lower fare to the general
public that, if used, will result in a lower total trip cost to the
Government (the combined costs of transportation, lodging, meals, and
related expenses considered); or
Note to paragraph (c): This exception does not apply if the
contract carrier offers the same or lower fare and has seats
available at that fare, or if the fare offered by the non-contract
carrier is restricted to Government and military travelers
performing official business and may be purchased only with a
contractor-issued charge card, centrally billed account (e.g., YDG,
MDG, QDG, VDG, and similar fares) or GTR where the two previous
options are not available.
(d) Cost effective rail transportation is available and is
consistent with mission requirements.
Note 2 to Sec. 301-10.111: A group of 10 or more passengers
traveling together on the same day, on the same flight, for the same
mission, requiring group integrity and identified as a group by the
travel management service upon booking is not a mandatory user of
the Government's contract City Pair Program fares. For group travel,
agencies are expected to obtain air passenger transportation service
that is practical and cost effective to the Government.
Note 3 to Sec. 301-10.111: Contractors are not authorized to
use contract City Pair Program fares to perform travel under their
contracts.
Note 4 to Sec. 301-10.111: Carrier preference is not a valid
exception for using a non-contract City Pair Program fare.
Sec. 301-10.112 What requirements must be met to use a non-contract
fare?
(a) Before purchasing a non-contract fare you must meet one of the
exception requirements listed in Sec. 301-10.111 and show approval on
your travel authorization to use a non-contract fare; and
(b) If the non-contract fare is non-refundable, restricted, or has
specific eligibility requirements, you must know or reasonably
anticipate, based on your planned trip, that you will use the ticket;
and
(c) Your agency must determine that the proposed non-contract
transportation is practical and cost effective for the Government.
[[Page 12054]]
Sec. 301-10.113 What is my liability for unauthorized use of a non-
contract carrier when contract service is available and I do not meet
one of the exceptions for required use?
You are responsible for any additional costs or penalties incurred
by you resulting from unauthorized use of non-contract service.
Sec. 301-10.114 May I use contract passenger transportation service
for personal travel?
No, you may not use contract passenger transportation service for
personal travel.
Sec. 301-10.115 through 301-10.117 [Removed and Reserved]
0
21. Remove and reserve Sec. Sec. 301-10.115 through 301-10.117.
Sec. 301-10.118 and 301-10.119 [Reserved]
0
22. Add reserved Sec. Sec. 301-10.118 and 301-10.119.
0
23. Add Sec. 301-10.120 after the undesignated center heading
``Airline Accommodations'' to read as follows:
Sec. 301-10.120 What must I do when different airlines furnish the
same service at different fares?
When there is no contract City Pair Program fare and other carriers
furnish the same service at different fares between the same points for
the same type of accommodations, you must use the lowest cost service
unless your agency determines that the use of higher cost service is
more advantageous to the Government.
0
24. Revise Sec. Sec. 301-10.121 through 301-10.124 to read as follows:
* * * * *
301-10.121 When may I use coach class seating upgrade programs?
301-10.122 What must I do with compensation an airline gives me if
it denies me a seat on a plane?
301-10.123 May I keep compensation an airline gives me for
voluntarily vacating my seat on my scheduled airline flight when the
airline asks for volunteers?
301-10.124 When may I use a reduced group or charter fare?
* * * * *
Sec. 301-10.121 When may I use coach class seating upgrade programs?
Use of upgraded coach class seating options is generally a
traveler's personal choice and therefore is at the traveler's personal
expense. However, your agency approving official may approve
reimbursement of the additional seat choice fee according to part 301-
13 of this chapter or internal agency policy (see Sec. 301-70.102(k)).
Sec. 301-10.122 What must I do with compensation an airline gives me
if it denies me a seat on a plane?
If you are performing official travel and a carrier denies you a
confirmed reserved seat on a plane, you must give your agency any
payment you receive for liquidated damages. You must ensure the carrier
shows the ``Treasurer of the United States'' as payee on the
compensation check and then forward the payment to the appropriate
agency official.
Sec. 301-10.123 May I keep compensation an airline gives me for
voluntarily vacating my seat on my scheduled airline flight when the
airline asks for volunteers?
(a) Yes, you may keep airline compensation if:
(1) Voluntarily vacating your seat will not interfere with
performing your official duties; and
(2) Additional travel expenses, incurred as a result of vacating
your seat, are borne by you and are not reimbursed by the Government.
(b) If volunteering delays your travel during duty hours, your
agency will charge you with annual leave for the additional hours.
Sec. 301-10.124 When may I use a reduced group or charter fare?
You may use a reduced group or charter fare when your agency has
determined, on an individual case basis before your travel begins, that
use of such a fare is cost effective. Chartered aircraft are subject to
the same rules as Government aircraft, and agencies in the executive
branch of the Federal Government are subject to the requirements of
Office of Management and Budget (OMB) Circular A-126 and 41 CFR part
102-33 in making such cost effectiveness determinations.
Sec. Sec. 301-10.125 [Removed and Reserved]
0
25. Remove and reserve Sec. 301-10.125.
Sec. Sec. 301-10.126 through 301-10.129 [Reserved]
0
26. Add reserved Sec. Sec. 301-10.126 through 301-10.129.
Sec. 301-10.130 [Reserved]
0
27. Add reserved Sec. 301-10.130 after the undesignated center heading
``Use of United States Flag Air Carriers''.
Sec. Sec. 301-10.144 through 301-10.159 [Reserved]
0
28. Add reserved Sec. Sec. 301-10.144 through 301-10.159.
0
29. Revise Sec. Sec. 301-10.160 and 301-10.161 to read as follows:
Sec. 301-10.160 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. Use of extra-fare train service must be authorized or
approved as other than coach class accommodations as provided in
Sec. Sec. 301-10.103(b) and 301-10.103(c).
Sec. 301-10.161 When may I use sleeping accommodations aboard train
service?
You may use the lowest class of sleeping accommodations aboard a
train that meets your mission needs when overnight travel is required
and your agency determines it is advantageous to the Government.
Sec. Sec. 301-10.162 through 301-10.164 [Removed and Reserved]
0
30. Remove and reserve Sec. Sec. 301-10.162 through 301-10.164.
Sec. Sec. 301-10.165 through 301-10.179 [Reserved]
0
31. Add and reserve Sec. Sec. 301-10.165 through 301-10.179.
0
32. Revise Sec. 301-10.180 to read as follows:
Sec. 301-10.180 Must I travel by a U.S. flag ship?
Yes, when authorized to travel by ship you must use a U.S. flag
ship when one is available unless the necessity of the mission requires
the use of a foreign ship. (See 46 U.S.C. 55302).
Sec. Sec. 301-10.182 and 183 [Removed and Reserved]
0
33. Remove and reserve Sec. Sec. 301-10.182 and 301-10.183.
Sec. Sec. 301-10.184 through 301-10.189 [Reserved]
0
34. Add and reserve Sec. Sec. 301-10.184 through 301-10.189.
PART 301-11--PER DIEM EXPENSES
0
35. The authority citation for 41 CFR part 301-11 continues to read as
follows:
Authority: 5 U.S.C. 5707.
0
36. Amend Sec. 301-11.20 by revising paragraph (a) and adding Note 1
to read as follows:
Sec. 301-11.20 May my agency authorize a rest period for me while I
am traveling?
(a) Your agency may authorize a rest period not in excess of 24
hours at either an intermediate point or at your destination when:
(1) Either your origin or destination is OCONUS;
(2) Your scheduled flight time, including stopovers, exceeds 14
hours;
[[Page 12055]]
(3) Travel is by a direct or usually traveled route; and
(4) Travel is by coach class or premium economy class.
* * * * *
Note 1 to Sec. 301-11.20: Your agency may authorize a rest
period that exceeds 24 hours when no scheduled transportation
service departs within 24 hours of your arrival at an intermediate
point. To qualify for a rest period exceeding 24 hours, you must be
scheduled to board the first available scheduled departure. Your
agency will determine a reasonable additional length of time for any
rest period exceeding 24 hours.
0
37. Amend Sec. 301-11.26 by revising the table to read as follows: in
the second row of the second column of the table by removing ``SP&P/
Allowances Branch'' and adding ``Policy and Regulations Division'' in
its place, and by removing ``Suite 04J325-01'' and adding ``Suite
04J25-01'' in its place.
------------------------------------------------------------------------
For non-foreign For foreign area
For CONUS locations area locations locations
------------------------------------------------------------------------
General Services Defense Travel Director, Office of
Administration, Office of Management Allowances, Department
Government-wide Policy, Office, Attn: of State, Annex 1, Suite
1800 F St. NW, Washington, Policy and L-314, Washington, DC
DC 20405. Regulations 20522-0103.
Division, 4800
Mark Center
Drive, Suite
04J25-01,
Alexandria, VA
22350-9000.
------------------------------------------------------------------------
PART 301-13--TRAVEL OF AN EMPLOYEE WITH SPECIAL NEEDS
0
38. The authority citation for 41 CFR part 301-13 continues to read as
follows:
Authority: 5 U.S.C. 5707.
0
39. Amend Sec. 301-13.3 by revising the introductory paragraph and
paragraph (f) to read as follows:
Sec. 301-13.3 What additional travel expenses may my agency pay
under this part?
Your agency approving official may pay for any expenses deemed
necessary by your agency to accommodate your special need including,
but not limited to, the following expenses:
* * * * *
(f) Other than coach class accommodations to accommodate your
special need, under subpart B of part 301-10 of this subchapter; and
* * * * *
PART 301-53--USING PROMOTIONAL MATERIAL AND FREQUENT TRAVELER
PROGRAMS
0
40. The authority citation for part 301-53 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
Sec. 301-53.4 [Amended]
0
41. Amend Sec. 301-53.4 by removing ``Sec. Sec. 301-10.109 and 301-
10.110'' and adding ``Sec. Sec. 301-10.113 and 301-10.114'' in its
place.
0
42. Revise Sec. 301-53.5 to read as follows:
Sec. 301-53.5 Are there exceptions to the mandatory use of contract
City Pair Program fares and an agency's travel management service?
Yes, the exceptions are in accordance with Sec. Sec. 301-10.111
and 301-10.112 of this chapter for the mandatory use of a contract City
Pair Program fare, and Sec. 301-73.103 of this chapter for the
mandatory use of a travel management service.
Sec. 301-53.6 [Amended]
0
43. Amend Sec. 301-53.6 by removing ``Sec. 301-10.116'' and ``Sec.
301-10.117'' and adding ``Sec. 301-10.122'' and ``Sec. 301-10.123''
in their places, respectively.
PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS
0
44. The authority citation for part 301-70 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); OMB Circular No. A-
126, revised May 22, 1992; OMB Circular No. A-123, Appendix B,
revised January 15, 2009.
0
45. Amend Sec. 301-70.102 by revising paragraphs (b)(1) and(3), (d),
(i), and (k) to read as follows:
Sec. 301-70.102 What governing policies must we establish for
authorization and payment of transportation expenses?
* * * * *
(b) * * *
(1) Use of other than coach class transportation under Sec. 301-
10.103 of this chapter;
* * * * *
(3) Use of an extra-fare train service under Sec. 301-10.160;
* * * * *
(d) When you consider the use of a POV advantageous to the
Government, such as travel to and from common carrier terminals or to
the TDY location. When determining whether the use of a POV to a TDY
location is the most advantageous method of transportation, you must
consider the total cost of using a POV as compared to the total cost of
using a rental vehicle, including rental costs, fuel, taxes, parking
(at a common carrier terminal--not to exceed the cost of taxi or
transportation network company fare, etc.), and any other relevant
costs;
* * * * *
(i) Develop and issue internal guidance on what specific mission
criteria justify use of other than coach class transportation under
Sec. 301-10.103(a)(9) and the use of other than the least expensive
compact car available under Sec. 301-10.450(c). The justification
criteria shall be noted on the traveler's authorization.
* * * * *
(k) Develop and publish internal guidance regarding when coach
class seating upgrade fees will be authorized as advantageous to the
Government and reimbursed (see Sec. 301-10.121).
0
46. Amend Sec. 301-70.401 by revising paragraph (a) to read as
follows:
Sec. 301-70.401 What governing policies and procedures must we
establish regarding travel of an employee with a disability or special
need?
* * * * *
(a) Who will determine if an employee has a disability or special
need which requires accommodation, including when documentation is
necessary under Sec. Sec. 301-10.103 and 301-10.121, and when a
determination may be based on a clearly visible and discernible
physical condition; and
* * * * *
PART 301-71--AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS
0
47. 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
48. Amend Sec. 301-71.105 by revising to read as follows:
Sec. 301-71.105 Must we issue a written travel authorization in
advance of travel?
Yes, except when advance written authorization is not possible or
practical and approval is in accordance with Sec. Sec. 301-2.1, 301-
2.5, or 304-3.13. However, the following always require advance written
authorization:
(a) Use of reduced fares for group or charter arrangements;
(b) Payment of a reduced rate per diem;
[[Page 12056]]
(c) Acceptance of payment from a non-Federal source for travel
expenses (see chapter 304 of this title); and
(d) Travel expenses related to attendance at a conference.
Appendix C to Chapter 301
0
49. Amend appendix C to chapter 301 by--
0
a. Revising the entry for ``Transportation Method Indicator'' in the
table for ``Commercial Transportation Information''; and revising the
entry for ``Transportation Method Indicator'' in the table ``Travel
Expense Information''. The revisions read as follows:
Appendix C to Chapter 301--Standard Data Elements for Federal Travel
[Traveler Identification]
* * * * *
Commercial Transportation Information
------------------------------------------------------------------------
Group name Data elements Description
------------------------------------------------------------------------
* * * * * * *
Transportation Method Air (other than Common carrier used
Indicator. coach class). as transportation to
TDY location.
Air (coach class)
Non-contract Air,
Train, Other.
* * * * * * *
------------------------------------------------------------------------
Travel Expense Information
------------------------------------------------------------------------
Group name Data elements Description
------------------------------------------------------------------------
* * * * * * *
Transportation Method Air (other than The amount of money
Indicator. coach class). the transportation
actually cost the
traveler, entered
according to method
of transportation.
Air (coach class)
Non-contract Air,
Train.
Other............ Bus or other form of
transportation.
* * * * * * *
------------------------------------------------------------------------
* * * * *
PART 304-3--EMPLOYEE RESPONSIBILITY
0
50. The authority citation for part 304-3 continues to read as follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
0
51. Revise Sec. 304-3.9 to read as follows:
Sec. 304-3.9 May I use other than coach class accommodations on
common carriers when a non-Federal source pays in full for my common
carrier expenses to attend a meeting?
Yes, you may use other than coach class accommodations on common
carriers if you meet one of the criteria contained in Sec. 301-10.103
of this title, and are authorized to do so by your agency in accordance
with Sec. 304-5.5 of this chapter.
PART 304-5--AGENCY RESPONSIBILITIES
0
52. 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
52. Amend Sec. 304-5.5 by revising the section heading, introductory
text, and paragraph (c) to read as follows:
Sec. 304-5.5 May we authorize an employee to use other than coach
class accommodations on common carriers if we accept payment in full
from a non-Federal source for such transportation expenses?
Yes, you may authorize an employee to use other than coach class
accommodations on common carriers as long as the:
* * * * *
(c) Travel meets at least one of the conditions in Sec. 301-10.103
of this title.
[FR Doc. 2022-03068 Filed 3-2-22; 8:45 am]
BILLING CODE 6820-14-P