[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]


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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

AGENCY: General Services Administration.

ACTION: Proposed rule.

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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related to the use thereof; removing an outdated exception to use of a 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 <a href="/cdn-cgi/l/email-protection#a4d0cccbc9c5d78ac9d1c1c8c8c1d6e4c3d7c58ac3cbd2"><span class="__cf_email__" data-cfemail="9ce8f4f3f1fdefb2f1e9f9f0f0f9eedcfbeffdb2fbf3ea">[email protected]</span></a>. 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#6d2a3e2c3f080a3e080e2d0a1e0c430a021b"><span class="__cf_email__" data-cfemail="1e594d5f4c7b794d7b7d5e796d7f30797168">[email protected]</span></a>. 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


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