Rule2022-19484
Federal Travel Regulation; Common Carrier Transportation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 12, 2022
Effective
October 12, 2022
Issuing agencies
General Services Administration
Abstract
The U.S. General Services Administration (GSA) is amending 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airline accommodations as a class of service and creating management controls related to the use thereof; removing an outdated exception to use of a Contract City Pair fare; sequencing common carrier regulations in a more logical order; and making miscellaneous editorial corrections.
Full Text
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<title>Federal Register, Volume 87 Issue 175 (Monday, September 12, 2022)</title>
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[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Rules and Regulations]
[Pages 55699-55707]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19484]
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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. GSA-FTR-2022-0005, Sequence No. 2]
RIN 3090-AK40
Federal Travel Regulation; Common Carrier Transportation
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: The U.S. General Services Administration (GSA) is amending 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: Effective October 12, 2022.
FOR FURTHER INFORMATION 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 <a href="/cdn-cgi/l/email-protection#fe8a9691939f8dd0938b9b92929b8cbe998d9fd0999188"><span class="__cf_email__" data-cfemail="ed998582808c9ec38098888181889fad8a9e8cc38a829b">[email protected]</span></a> or
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or <a href="/cdn-cgi/l/email-protection#9ed9cddfccfbf9cdfbfddef9edffb0f9f1e8"><span class="__cf_email__" data-cfemail="87c0d4c6d5e2e0d4e2e4c7e0f4e6a9e0e8f1">[email protected]</span></a>. Please cite FTR Case 2020-300-1.
SUPPLEMENTARY INFORMATION:
I. Background
GSA is 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 final 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 is defining the term ``other than coach class'' to
include ``first class'', ``business class'', and ``premium economy
class'', while also clearly stating 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 when an exception to using coach
class accommodation applies.
From fiscal years 2011 through 2020, business class airline
accommodations have accounted for about 97 percent of the cost of all
reportable other than coach class transportation. Of the aforementioned
97 percent of business class air trips, 35 percent were authorized
using the ``14-hour rule'' per FTR 301-10.125. As premium economy class
airline tickets tend to be less expensive than business class,
particularly for flights to destinations outside the continental United
States (OCONUS), GSA is amending the FTR to authorize premium economy
class
[[Page 55700]]
accommodations as an exception to the required use of coach class 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 class is aimed at reducing the use
of first class and business class transportation with the anticipation
that agencies will authorize premium economy class where offered,
instead of business or first class, when eligible. In the event a
traveler is authorized to fly premium economy class under the new
eight-hour rule, there is no eligibility for a rest period.
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 it when traveling to certain foreign or
remote locations. Accordingly, GSA is adding a paragraph (c) to section
301-11.20 informing agencies they may authorize a rest period in excess
of 24 hours under the circumstances described.
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 is setting 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 will now refer to the ``premium class'' or ``other than coach
class'' travel report as the ``first class and business class'' travel
report as reporting is 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 requires negative submissions only 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 are not 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 of
the reporting requirements across Government.
GSA is also making 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 exception which allows
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 36772), which
eventually led to smoke-free policies for airlines worldwide.
Consequently, GSA is removing this outdated exception to Contract City
Pair Program fare use.
This final 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), 301-10.160
(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 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 eliminates 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 final 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 rule
resequences the common carrier regulations found in FTR part 301-10. It
also makes other miscellaneous editorial changes.
II. Discussion of the Final Rule
GSA published a proposed rule on March 3, 2022 (87 FR 12048), to
amend the FTR sections pertaining to the use of common carrier
transportation, e.g., commercial airline and train. The proposed rule
received one anonymous comment that recommended changing the term and
definition of ``Flight Time'' under the 14-hour rule to ``Travel
Time'', to account for the total travel time from point of origin to
final destination.
In drafting the proposed rule, GSA considered total travel time,
but agencies expressed concern that it may actually increase the use of
business class. Consequently, GSA is maintaining scheduled flight time
as a determining factor for eligibility, not entitlement, to use of
business class airline accommodations.
Additionally, as total travel time may include train travel that
offers business class seating, and often includes time spent traveling
between a traveler's residence and airport or train station, time
awaiting transportation, and time traveling using shuttle, taxi, or
transportation network company services to the final destination, these
factors further deterred GSA from proposing to use total travel time as
a basis for business class eligibility.
III. 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.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993.
IV. Congressional Review Act
OIRA has determined that this rule is not a ``major rule'' as
defined by 5 U.S.C. 804(2). Additionally, this rule is excepted from
Congressional Review Act reporting requirements prescribed under 5
U.S.C. 801 since it relates to agency management or personnel under 5
U.S.C. 804(3).
[[Page 55701]]
IV. Regulatory Flexibility Act
This final rule will not 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
to agency management. Therefore, a Final Regulatory Flexibility
Analysis has not been performed.
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, Income Taxes, 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.
Robin Carnahan,
Administrator of General Services.
For the reasons set forth in the preamble, GSA amends 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'' and
``Coach class seating upgrade programs'';
0
b. Revising the definition of ``Common carrier'';
0
c. Adding in alphabetical order definitions for ``Contract City Pair
Program'', ``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 additions and revisions 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
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 persons
authorized to travel directly at the Government's expense. 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 contract City Pair Program 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
[[Page 55702]]
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 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. The subpart B heading is revised to read as follows:
Subpart B--Requirement to Report Use of First Class and Business
Class Transportation Accommodations
0
5. Amend Sec. 300-70.100 by revising the section 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 FTR bulletins that 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 <a href="https://www.gsa.gov/ftrbulletins">https://www.gsa.gov/ftrbulletins</a>.
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, as
relevant.
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 must not report data that is protected from public
disclosure by statute or Executive Order, such as classified data or
data otherwise withheld from the public in response to written requests
under the Freedom of Information Act (5 U.S.C. 552). In these cases,
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
* * * * *
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 or electronic 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 or electronic 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 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 approving
official for such accommodations or services will limit your
reimbursement to the constructive cost of the amount authorized versus
the amount claimed.
Sec. 301-2.5 [Amended]
0
12. Amend Sec. 301-2.5, in paragraph (b), by removing the words
``foreign air carrier'' and adding in their place ``foreign air carrier
or foreign ship''.
PART 301-10--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:
Sec.
* * * * *
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 regulation, 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
[[Page 55703]]
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 premium economy class
accommodations when:
(1) Required to accommodate a medical disability or other special
need;
(i) A medical 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 medical 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 is/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 allows
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 business class
accommodations under paragraphs (a)(1) through (5) and (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
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 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 may be obtained at a traveler's personal expense,
including through redemption of program membership benefits such as
frequent flyer programs.
Note 2 to Sec. 301-10.103: Open authorization (i.e., Unlimited
Open or Limited Open) of other than coach class transportation
accommodations is prohibited and shall be authorized on an
individual trip-by-trip basis, unless the traveler has an up-to-date
documented medical disability or special need.
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
[[Page 55704]]
your individually billed Government charge card account.
Sec. Sec. 301-10.107 through 301-10.109 [Removed and Reserved]
0
18. Remove and reserve Sec. Sec. 301-10.107 through 301-10.109.
0
19. Add an undesignated center heading before Sec. 301-10.110 and
revise Sec. Sec. 301-10.110 through 301-10.114 to read as follows:
Sec.
* * * * *
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?
301-10.113 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?
* * * * *
Use of Contract City Pair Program Fares
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 <a href="https://www.gsa.gov/citypairs">https://www.gsa.gov/citypairs</a>.
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 costs 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 1 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.
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. Sec. 301-10.115 through 301-10.117 [Removed and Reserved]
0
20. Remove and reserve Sec. Sec. 301-10.115 through 301-10.117.
Sec. Sec. 301-10.118 and 301-10.119 [Reserved]
0
21. Add reserved Sec. Sec. 301-10.118 and 301-10.119 after the
undesignated center heading ``Airline Accommodations''.
0
22. 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
23. Revise Sec. Sec. 301-10.121 through 301-10.124 to read as follows:
Sec.
* * * * *
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
[[Page 55705]]
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. 301-10.125 [Removed and Reserved]
0
24. Remove and reserve Sec. 301-10.125.
Sec. Sec. 301-10.126 through 301-10.129 [Reserved]
0
25. Add reserved Sec. Sec. 301-10.126 through 301-10.129 before the
undesignated center heading ``Use of United States Flag Air Carriers''.
Sec. 301-10.130 [Reserved]
0
26. 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
27. Add reserved Sec. Sec. 301-10.144 through 301-10.159 before the
undesignated center heading ``Train''.
0
28. 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
29. Remove and reserve Sec. Sec. 301-10.162 through 301-10.164.
Sec. Sec. 301-10.165 through 301-10.179 [Reserved]
0
30. Add reserved Sec. Sec. 301-10.165 through 301-10.179 before the
undesignated center heading ``Ship''.
0
31. 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
32. Remove and reserve Sec. Sec. 301-10.182 and 301-10.183.
Sec. Sec. 301-10.184 through 301-10.189 [Reserved]
0
33. Add reserved Sec. Sec. 301-10.184 through 301-10.189 before the
undesignated center heading ``Transit Systems''.
PART 301-11--PER DIEM EXPENSES
0
34. The authority citation for 41 CFR part 301-11 continues to read as
follows:
Authority: 5 U.S.C. 5707
0
35. Amend Sec. 301-11.20 by revising paragraph (a) and adding
paragraph (c) 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;
(3) Travel is by a direct or usually traveled route; and
(4) Travel is by coach class or premium economy class.
* * * * *
(c) 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
36. Amend Sec. 301-11.26 by revising the table to read as follows:
Sec. 301-11.26 How do I request a review of the per diem in a
location?
* * * * *
Table 1 to Sec. 301-11.26
------------------------------------------------------------------------
For non-foreign area For foreign area
For CONUS locations locations locations
------------------------------------------------------------------------
General Services Defense Travel Director, Office of
Administration, Office of Management Office, Allowances,
Government-wide Policy, Attn: Policy and Department of
1800 F St. NW, Washington, Regulations State, Annex 1,
DC 20405. Division, 4800 Mark Suite L-314,
Center Drive, Suite Washington, DC
04J25-01, 20522-0103.
Alexandria, VA
22350-9000.
------------------------------------------------------------------------
[[Page 55706]]
PART 301-13--TRAVEL OF AN EMPLOYEE WITH SPECIAL NEEDS
0
37. The authority citation for 41 CFR part 301-13 continues to read as
follows:
Authority: 5 U.S.C. 5707.
0
38. Amend Sec. 301-13.3 by revising the introductory text 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
39. 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
40. 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
41. 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
42. 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
43. The authority citation for part 301-70 is revised to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L.
105-264, 112 Stat. 2350 (5 U.S.C. 5701, note); OMB Circular No. A-
126, revised May 22, 1992; OMB Circular No. A-123, Appendix B,
revised August 27, 2019.
0
44. 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 accommodations 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 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
45. 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
46. 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
47. Revise Sec. 301-71.105 to read as follows:
Sec. 301-71.105 Must we issue a travel authorization in advance of
travel?
Yes, except when advance 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 authorization:
(a) Use of reduced fares for group or charter arrangements;
(b) Payment of a reduced rate per diem;
(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.
0
48. Amend appendix C to chapter 301 by
0
a. Revising the entry for ``Transportation Method Indicator'' in the
table for ``Commercial Transportation Information''; and
0
b. Revising the entry for ``Transportation Method Cost'' in the table
for ``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)...
[[Page 55707]]
Non-contract Air,
Train, Other.
* * * * * * *
------------------------------------------------------------------------
Travel Expense Information
------------------------------------------------------------------------
Group name Data elements Description
------------------------------------------------------------------------
* * * * * * *
Transportation Method Cost.. Air (other than The amount of money
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
49. The authority citation for part 304-3 continues to read as follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
0
50. 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 transportation 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 subtitle, 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
51. 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. 2022-19484 Filed 9-9-22; 8:45 am]
BILLING CODE P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.