> **Federal Register** / Vol. 70, No. 95 / Wednesday, May 18, 2005 /
> Rules and Regulations

**28459**

> Agricultural commodities, Pesticides and pests, Reporting and record
> keeping requirements.
>
> Dated: May 5, 2005.
>
> **James Jones,**
>
> *Director, Office of Pesticide Programs.* Therefore, 40 CFR chapter I
> is amended as follows:
>
> **PART 180---\[AMENDED\]**
>
> 1\. The authority citation for part 180
>
> continues to read as follows:
>
> **Authority:** 21 U.S.C. 321(q), 346a and 371.
>
> 2\. Section 180.1256 is added to subpart
>
> D to read as follows:
>
> **§ 180.1256 Alternaria destruens Strain 059; Exemption from the
> Requirement of a Tolerance**
>
> An exemption from the requirement of a tolerance is established for
> residues of the microbial pesticide *Alternaria*
>
> *destruens* Strain 059 when used in or on all raw agricultural
> commodities when applied/used in accordance with label directions.
>
> \[FR Doc. 05--9903 Filed 5--17--05; 8:45 am\]
>
> **BILLING CODE 6560--50--S**
>
> **GENERAL SERVICES ADMINISTRATION**
>
> **41 CFR Parts 301--2, 301--10, 301--11,**
>
> **301--13, 301--50, 301--70, 301--71, 304--3, and 304--5**
>
> **\[FTR Amendment 2005--03; FTR Case 2005--**
>
> **304\]**
>
> **RIN 3090--AI10**
>
> **Federal Travel Regulation; Transportation Expenses**
>
> **AGENCY:** Office of Governmentwide
>
> Policy, General Services Administration
>
> (GSA).
>
> **ACTION:** Final rule.
>
> **SUMMARY:** The General Services Administration (GSA) is amending the
> Federal Travel Regulation (FTR), by clarifying various provisions
> regarding temporary duty (TDY) travel. The explanation of changes is
> addressed in the supplementary information below. The FTR and any
> corresponding documents may be accessed at GSA's website at
> *http://www.gsa.gov/ftr*. **DATES:** *Effective Date*: May 18, 2005.
> **FOR FURTHER INFORMATION CONTACT:** The Regulatory Secretariat (VIR),
> Room
>
> 4035, GS Building, Washington, DC,
>
> 20405, (202) 208--7312, for information pertaining to status or
> publication schedules. For clarification of content,

contact Umeki Gray Thorne, Office of Governmentwide Policy, Travel
Management Policy, at (202) 208--7636. Please cite FTR Amendment
2005--03; FTR case 2005--304.

**SUPPLEMENTARY INFORMATION:**

**A. Background**

The changes in this final rule clarify existing sections of chapters 301
and

304 as follows:

1\. In section 301--2.5(a) ''premium- class'' is replaced with
''first-class or business-class''.

2\. In section 301--10.106(b) ''premium class'' is replaced with
''business-class''.

3\. In section 301--10.121 an introductory paragraph is added and the
definition of ''coach-class'' is revised; the term and definition of
''premium- class'' is deleted; the term and

definition of ''business-class'' is added; the definition of
''first-class'' is revised; the term and definition of ''premium- class
other than first-class'' is deleted; and the definition of
''single-class'' is moved from paragraph (e) to paragraph

(d).

4\. In section 301--10.123 the introductory paragraph is revised and in
paragraph (a) ''premium-class other than first-class'' is replaced with
''business- class''.

5\. In section 301--10.124 the section heading and the note to section
301--

10.124 ''premium-class other than first- class'' is replaced with
''business-class''. In section 301--10.124 ''premium-class'' is replaced
with ''first-class and

business-class''.

6\. In section 301--11.20(a)(4) ''less than premium-class'' is replaced
with

''coach-class''.

7\. In section 301--13.3(f) ''premium- class'' is replaced with
''first-class'' and

''business-class''.

> 8\. Section 301--50.6(a)(2) is revised.
>
> 9\. Section 301--70.102(b)(1) is revised.
>
> 10\. In section 301--71.105(a)

''premium-class'' is replaced with ''first- class or business-class''.

11\. In Appendix C to Chapter 301--- Standard Data Elements for Federal
Travel, the phrases ''premium class'' and ''Non-premium class'' are
replaced with the phrases ''first-class and business class'' and
''Non-first-class and Non-business-class'' respectively, wherever they
appear.

12\. In section 304--3.9 ''premium-class other than first-class common
carrier'' is replaced with ''business-class''.

13\. In section 304--5.5 ''premium other than first-class'' is replaced
with

''business-class''.

**B. Executive Order 12866**

This is not a significant regulatory action and, therefore, was not
subject to

review under Section 6(b) of Executive Order 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C.

804\.

**C. Regulatory Flexibility Act**

This final rule is not required to be published in the **Federal
Register** for notice and comment; therefore, the Regulatory Flexibility
Act, 5 U.S.C. 601, *et seq.*, does not apply.

**D. Paperwork Reduction Act**

The Paperwork Reduction Act does not apply because the changes to the
FTR do not impose recordkeeping or information collection requirements,
or the collection of information from offerors, contractors, or members
of the public that require the approval of the Office of Management and
Budget under

44 U.S.C. 3501, *et seq.*

**E. Small Business Regulatory**

**Enforcement Fairness Act**

This final rule is also exempt from congressional review prescribed
under 5

U.S.C. 801 since it relates solely to agency management and personnel.
**List of Subjects in 41 CFR Parts 301--2,**

**301--10, 301--11, 301--13, 301--50, 301--**

**70, 301--71, 304--3, and 304--5.**

Government employees, Travel and transportation expenses.

> Dated: May 5, 2005.

**Stephen A. Perry,**

*Administrator of General Services.*

For the reasons set forth in the preamble, under 5 U.S.C. 5701--5709,
GSA amends 41 CFR parts 301--2, 301--

10, 301--11, 301--13, 301--50, 301--70,

301--71, 304--3, and 304--5 as set forth below:

**CHAPTER 301---TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES**

**PART 301--2---GENERAL RULES**

1\. 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.

**§ 301--2.5 \[Amended\]**

> 2\. Amend § 301--2.5(a) by removing

''premium-class service'' and adding

''first-class or business-class service'' in its place.

**PART 301--10---TRANSPORTATION EXPENSES**

3\. The authority citation for 41 CFR part 301--10 is revised 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

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>
> **28460 Federal Register** / Vol. 70, No. 95 / Wednesday, May 18, 2005
> / Rules and Regulations
>
> Management and Use of Government
>
> Aircraft.'' Revised May 22, 1992.
>
> **§ 301--10.106 \[Amended\]**
>
> 4\. Amend § 301--10.106(b) by removing ''premium class'' and adding
>
> ''business-class'' in its place.
>
> 5\. Revise § 301--10.121 to read as follows:
>
> **§ 301--10.121 What classes of airline accommodations are
> available?**
>
> The following classes of air accommodations are available:
>
> \(a\) *Coach-class*. The basic class of accommodations offered to
> travelers regardless of fare paid. The terms
>
> ''tourist'' or ''economy-class'' are sometimes used for this class of
> accommodation. When authorizing this class of accommodation, use of
> the contract city-pair fare is mandatory.
>
> \(b\) *Business-class*. A premium-class of accommodation offered by
> the airlines that is higher than coach and lower than first class, in
> both cost and amenities. This class of accommodation is
>
> generally referred to as ''business, business elite, business first,
> world business, connoisseur, or envoy'' depending on the airline. Not
> all city- pair fares are available in business-class, and even when
> use of business-class is authorized, the use of business-class
>
> city-pair fares is optional. This class of service may only be
> authorized in accordance with the provisions of
>
> § 301--10.124 of this part.
>
> \(c\) *First-class*. Generally, the highest class of accommodation
> offered by the airlines in terms of both cost and amenities and termed
> ''first-class'' by the airlines and any reservation system. This class
> of accommodation may only be authorized in accordance with the
> provisions of § 301--10.123 of this part. There are no contract
> city-pair fares for this class of accommodation.
>
> \(d\) *Single-class*. This term applies when an airline offers only
> one class of accommodations to all travelers.
>
> 6\. Amend § 301--10.123 by revising the introductory paragraph and the
> first sentence of paragraph (a) to read as follows:
>
> **§ 301--10.123 When may I use first-class airline accommodations?**
>
> You may use first-class airline accommodations only when your agency
> specifically authorizes/approves your use of such accommodations, for
> the reasons given under paragraphs (a) through (d) of this section.
>
> \(a\) No coach or business-class accommodations are reasonably
> available. \* \* \*
>
> \* \* \* \* \*
>
> 7\. Amend § 301--10.124 by---

a\. Revising the section heading and introductory paragraph;

> b\. Removing from paragraph (a)

''premium-class'' and adding ''first-class and business-class'' in its
place; and

c\. Removing from paragraphs (c), (d), and the note to § 301--10.124,
''premium- class other than first class'' wherever it appears and adding
''business-class'' in its place.

> The revised text reads as follows:

**§ 301--10.124 When may I use business- class airline accommodations?**

Only when your agency specifically authorizes/approves your use of such
accommodations, for the reasons given under paragraphs (a) through (i)
of this section.

\* \* \* \* \*

**PART 301--11---PER DIEM EXPENSES**

> 8\. The authority citation for 41 CFR

part 301--11 continues to read as follows:

> **Authority:** 5 U.S.C. 5707.

**§ 301--11.20 \[Amended\]**

> 9\. Amend § 301--11.20 in paragraph

(a)(4) by removing ''less than premium- class'' and adding
''coach-class'' in its place.

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

10\. The authority citation for 41 CFR part 301--13 continues to read as
follows: **Authority:** 5 U.S.C. 5707.

11\. Amend § 301--13.3 by revising paragraph (f) to read as follows:

**§ 301--13.3 What additional travel expenses may my agency pay under
this part?**

\* \* \* \* \*

> \(f\) First-class accommodations under

§ 301--10.123(b) and business-class accommodations under §
301--10.124(c) of this chapter when necessary to accommodate your
special need.

**PART 301--50---ARRANGING FOR TRAVEL SERVICES**

12\. The authority citation for 41 CFR part 301--50 continues to read as
follows: **Authority:** 5 U.S.C. 5707; 40 U.S.C. 121(c).

13\. Amend § 301--50.6 by revising paragraph (a)(2) to read as follows:

**§ 301--50.6 Are there any limits on travel arrangements I may make?**

> (a)\* \* \*

\(2\) You may use first-class accommodations only under §§ 301--

10.123, 301--10.162, and 301--10.183

and business-class accommodations

only under § 301--10.124 of this chapter;

and

\* \* \* \* \*

**PART 301--70---INTERNAL POLICY AND PROCEDURE REQUIREMENTS**

14\. The authority citation for 41 CFR 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), Office of Management and Budget Circular No. A--126,
''Improving the Management and Use of Government Aircraft.'' Revised May
22, 1992.

15\. Amend § 301--70.102 by revising paragraph (b)(1) to read as
follows:

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

\* \* \* \* \*

> (b)\* \* \*

\(1\) Use of business-class service for airlines under § 301--10.124 and
first- class service for air, rail, and ship under

§§ 301--10.123, 301--10.162, and 301--

10.183 of this chapter;

\* \* \* \* \*

**PART 301--71---AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS**

16\. The authority citation for 41 CFR part 301--71 continues to read as
follows: **Authority:** 5 U.S.C. 5707; 40 U.S.C. 486(c); Sec. 2, Pub. L.
105--264, 112 Stat. 2350 (5

U.S.C. 5701 note).

**§ 301--71.105 \[Amended\]**

> 17\. Amend § 301--71.105 in paragraph

\(a\) by removing ''premium-class'' and adding ''first-class or
business-class'' in its place.

**Appendix C to Chapter 301 \[Amended\]**

18\. Amend Appendix C to Chapter 301 by removing ''premium class''
wherever it appears and adding ''first-class and business-class'' in its
place, and removing ''Non-premium class'' wherever it appears and adding
''Non- first-class and Non-business-class'' in its place.

**CHAPTER 304---PAYMENT OF TRAVEL EXPENSES FROM A NON-FEDERAL SOURCE**

**PART 304--3---EMPLOYEE RESPONSIBILITY**

19\. The authority citation for 41 CFR part 304--3 continues to read as
follows: **Authority:** 5 U.S.C. 5707; 31 U.S.C. 1353.

> 20\. Revise § 304--3.9 to read as follows:
>
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> **Federal Register** / Vol. 70, No. 95 / Wednesday, May 18, 2005 /
> Rules and Regulations

**28461**

> **§ 304--3.9 May I use business-class accommodations when a
> non-Federal source pays in full for my transportation expenses to
> attend a meeting?**
>
> Yes, you may use business-class accommodations if your agency
> authorizes you to do so in accordance with § 304--5.5 of this chapter.
>
> **PART 304--5---AGENCY RESPONSIBILITIES**
>
> 21\. 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.
>
> **§ 304--5.5 \[Amended\]**
>
> 22\. Amend § 304--5.5 by removing from the section heading and
> introductory paragraph ''premium other than first-class'' and adding
> ''business- class'' in its place.
>
> \[FR Doc. 05--9893 Filed 5--17--05; 8:45 am\]
>
> **BILLING CODE 6820--14--S**
>
> **FEDERAL COMMUNICATIONS COMMISSION**
>
> **47 CFR Part 73**
>
> **\[DA 05--1152, MB Docket No. 04--201, RM--**
>
> **10972, RM--11103\]**
>
> **Radio Broadcasting Services; Birmingham, Orrville, Selma and
> Shorter, AL**
>
> **AGENCY:** Federal Communications
>
> Commission.
>
> **ACTION:** Final rule.
>
> **SUMMARY:** This document grants a petition filed by SSR
> Communications Incorporated proposing the allotment of Channel 300A at
> Shorter, Alabama, as that community's first local service. *See*
>
> 69 FR 34115, published June 18, 2004. This document also denies a
> counterproposal filed jointly by Scott Communications, Inc., licensee
> of Station WJAM--FM, Channel 300A, Orrville, Alabama and Alexander
> Broadcasting Company, Inc., licensee of Station WALX(FM), Channel
> 265C2, Selma, Alabama, requesting the substitution of Channel 300C3
> for Channel 300A at Orrville, Alabama, reallotment of Channel 300C3
> from Orrville to Shorter, Alabama, as its first local service and
> modification of the Station WJAM--FM license. To accommodate the
> reallotment, the counterproposal also proposed the reallotment of
> Channel 265C2 from Selma to Orrville, Alabama to prevent removal of
> Orrville's sole local service and modification of the Station WALX(FM)
> license and substitution of Channel 299C0 for Channel 299C at

Birmingham, Alabama and modification of the Station WRAX license.
Channel

300A can be allotted to Shorter, consistent with the minimum distance
separation requirements of Section

73.207(b) of the Commission's Rules, provided there is a site
restriction of

13.3 kilometers (8.3 miles) south of the community. The reference
coordinates for Channel 300A at Shorter are 32--16--

36 North Latitude and 85--56--20 West

Longitude.

**DATES:** June 13, 2005.

**ADDRESSES:** Federal Communications Commission, 445 Twelfth Street,
SW., Washington, DC 20554.

**FOR FURTHER INFORMATION CONTACT:**

Rolanda F. Smith, Media Bureau, (202)

418--2180.

**SUPPLEMENTARY INFORMATION:** This is a summary of the Commission's
*Report and Order*, MB Docket No. 04--201, adopted April 25, 2005, and
released April 27, 2005. The full text of this Commission decision is
available for inspection and copying during normal business hours in the
Commission's Reference Center 445 Twelfth Street, SW., Washington, DC
20554. The complete text of this decision may also be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc., 445
12th Street, SW., Room CY--B402, Washington, DC 20054, telephone
1--800--378--3160 or *http:// www.BCPIWEB.com*. The Commission will send
a copy of this *Report and Order* in a report to be sent to Congress and
the Government Accountability Office pursuant to the Congressional
Review Act, *see* 5 U.S.C. 801(a)(1)(A). **List of Subjects in 47 CFR
Part 73**

Radio, Radio broadcasting. **PART 73---RADIO BROADCAST SERVICES**

> 1\. The authority citation for part 73

continues to read as follows:

> **Authority:** 47 U.S.C. 154, 303, 334 and 336.

**§ 73.202 \[Amended\]**

2\. Section 73.202(b), the Table of FM Allotments under Alabama, is
amended by adding Shorter, Channel 300A. Federal Communications
Commission.

**John A. Karousos,**

*Assistant Chief, Audio Division, Media*

*Bureau.*

\[FR Doc. 05--9815 Filed 5--17--05; 8:45 am\]

**BILLING CODE 6712--01--M**

**FEDERAL COMMUNICATIONS COMMISSION**

**47 CFR Part 73**

**\[DA 05--1146; MB Docket No. 04--387, RM--**

**11083\]**

**Radio Broadcasting Service; Cedarville, CA**

**AGENCY:** Federal Communications

Commission.

**ACTION:** Final rule.

**SUMMARY:** The Audio Division, at the request of Jeffrey Cotton allots
Channel

260A at Cedarville, California, as the community's first local aural
transmission service. *See* 69 FR 61617, published October 20, 2004.
Channel

260A can be allotted to Cedarville in compliance with the Commission's
minimum distance separation requirements at the center of the community.
The reference coordinates for Channel 260A at Cedarville are 41--

31--45 North Latitude and 120--10--20

West Longitude. A filing window for Channel 260A at Cedarville,
California will not be opened at this time. Instead, the issue of
opening a filing window for this channel will be addressed by the
Commission in a subsequent order. **DATES:** Effective June 13, 2005.
**ADDRESSES:** Federal Communications Commission, 445 Twelfth Street,
SW., Washington, DC 20554.

**FOR FURTHER INFORMATION CONTACT:**

Helen McLean, Media Bureau, (202)

418--2738.

**SUPPLEMENTARY INFORMATION:** This is a synopsis of the Commission's
*Report and Order,* MB Docket No. 04--387, adopted April 25, 2005, and
released April 27, 2005. The full text of this Commission decision is
available for inspection and copying during regular business hours at
the FCC's Reference Information Center, Portals II, 445

Twelfth Street, SW., Room CY--A257, Washington, DC 20554. The complete
text of this decision may also be purchased from the Commission's
duplicating contractor, Best Copy and Printing, Inc., 445 12th Street,
SW., Room CY--B402, Washington, DC 20554, telephone 1--800--378--3160 or
*http:// www.BCPIWEB.com.* The Commission will send a copy of this
*Report and Order* in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, *see* 5
U.S.C. 801(a)(1)(A). **List of Subjects in 47 CFR Part 73**

> Radio, Radio broadcasting.
>
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