[Title 41 CFR B]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 41 - PUBLIC CONTRACTS AND PROPERTY MANAGEMENT]
[Subtitle F - Federal Travel Regulation System]
[Chapter 301 - TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES]
[Subchapter B - ALLOWABLE TRAVEL EXPENSES]
[Part 301 - 10--TRANSPORTATION EXPENSES]
[Subpart B - Common Carrier Transportation]
[From the U.S. Government Printing Office]
41PUBLIC CONTRACTS AND PROPERTY MANAGEMENT42002-07-012002-07-01falseCommon Carrier TransportationBSubpart BPUBLIC CONTRACTS AND PROPERTY MANAGEMENTFederal Travel Regulation SystemTEMPORARY DUTY (TDY) TRAVEL ALLOWANCESALLOWABLE TRAVEL EXPENSES10--TRANSPORTATION EXPENSES
Subpart B--Common Carrier Transportation
Sec. 301-10.100 What types of common carrier transportation may I be authorized to use?
You may be authorized to use airline, train, ship, bus, or local
transit system.
Airline
Sec. 301-10.106 What are the basic requirements for using airlines?
The requirements for using airlines fall into three categories:
(a) Using contract carriers, when available;
(b) Using coach class service, unless premium class or first-class
service is authorized;
(c) Using U.S. flag air carrier or (ship) service, unless use of
foreign air carrier or (ship) is authorized.
[63 FR 15955, Apr. 1, 1998; 63 FR 35537, June 30, 1998]
Use of Contract City-Pair Fares
Sec. 301-10.107 When must I use a contract city-pair fare?
You must always use a contract city-pair fare (an Internet list of
city-pairs is available at http://pub.fss.gsa.gov/services/citypairs),
if you are a civilian employee of an agency (see Sec. 301-1.1 of this
chapter), unless one or more of the following conditions exist(s):
(a) Space or a scheduled contract flight is not available in time to
accomplish the purpose of your travel, or use of contract service would
require you to incur unnecessary overnight
[[Page 26]]
lodging costs which would increase the total cost of the trip; or
(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; or
(c) A non-contract carrier offers a lower fare available to the
general public, the use of which will result in a lower total trip cost
to the Government, to include the combined costs of transportation,
lodging, meals, and related expenses.
Note to paragraph (c):
This exception does not apply if the contract carrier offers a
comparable fare and has seats available at that fare, or if the lower
fare offered by a noncontract carrier is restricted to Government and
military travelers on official business and may only be purchased with a
GTR, contractor-issued charge card, or centrally billed account (e.g.,
YDG, MDG, ODG, VDG, and similar fares); or
(d) Rail service is available and such service is cost effective and
consistent with mission requirements; or
(e) Smoking is permitted on the contract flight and the nonsmoking
section of the aircraft for the contract flight is not acceptable to
you.
[FTR Amdt. 84, 64 FR 29162, May 28, 1999]
Sec. 301-10.108 Are there other situations when I may use a non-contract fare?
You may also use a non-contract fare such as a through fare, special
fare, commutation fare, excursion fare or reduced-rate round-trip fare
in the following circumstances:
(a) Your agency determines prior to your travel that this type of
service is practical and economical to the Government; and
(b) In the case of a fare that is restricted or has specific
eligibility requirements, you know or reasonably can anticipate, based
on the travel as planned, that you will use the ticket.
Sec. 301-10.109 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?
Any additional costs or penalties incurred by you resulting from
unauthorized use of non-contract service are borne by you.
Sec. 301-10.110 May I use contract passenger transportation service for personal travel?
No.
Sec. 301-10.111 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 prior to your travel that use of
such a fare is economical to the Government and will not interfere with
the conduct of official business.
Sec. 301-10.112 What must I do when different airlines furnish the same service at different fares?
When there is no contract fare, and common 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.
Sec. 301-10.113 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.
[[Page 27]]
Sec. 301-10.114 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 coupon(s), or
refund application(s) to your agency in accordance with your agency's
procedures.
Sec. 301-10.115 Am I authorized to receive a refund or credit for unused transportation?
No. You are not authorized to receive a refund, credit, or any other
negotiable document from a carrier for unfurnished services (except as
provided in Sec. 301-10.117) 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 should be credited to your account.
[63 FR 15955, Apr. 1, 1998; 63 FR 35537, June 30, 1998]
Sec. 301-10.116 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. 301-10.117 May I keep compensation an airline gives me for voluntarily vacating my seat on my scheduled airline flight when the airline asks for
volunteers?
Yes:
(a) If voluntarily vacating your seat will not interfere with
performing your official duties; and
(b) If additional travel expenses, incurred as a result of vacating
your seat, are borne by you and are not reimbursed; but
(c) If volunteering delays your travel during duty hours, your
agency will charge you with annual leave for the additional hours.
Airline Accommodations
Sec. 301-10.121 What classes of airline accommodations are available?
(a) Coach-class--The basic class of accommodations offered to
travelers that is available to all passengers regardless of fare paid.
This term applies when an airline offers two or more classes of
accommodations, which includes tourist or economy.
(b) Premium-class--Any class of accommodations above coach, e.g.,
first or business.
(c) First-class--The highest class of accommodations on a multiple-
class airline flight. When an airline flight only has two classes of
accommodations, the higher-class, regardless of the term used for that
class, is considered to be first class.
(d) Premium-class other than first-class--Any class of
accommodations between coach-class and first-class, e.g., business-
class.
(e) Single-class--This term applies when an airline offers only one
class of accommodation to all travelers.
Sec. 301-10.122 What class of airline accommodations must I use?
For official business travel, both domestic and international, you
must use coach-class accommodations, except as provided under Secs. 301-
10.123 and 301-10.124.
Sec. 301-10.123 When may I use first-class airline accommodations?
Only when your agency specifically authorizes/approves your use of
first-class accommodations under paragraph (a) through (d) of this
section.
(a) No other coach-class or premium-class other than first-class
accommodation is reasonably available. ``Reasonably available'' means
available on an airline that is scheduled to leave within 24 hours of
your proposed departure time, or scheduled to arrive within 24 hours of
your proposed arrival time.
(b) When use of first-class is necessary to accommodate a disability
or other special need. A disability must be substantiated in writing by
a competent medical authority. A special need must be substantiated in
writing according to your agency's procedures.
[[Page 28]]
If you are authorized under Sec. 301-13.3(a) of this chapter to have an
attendant accompany you, your agency also may authorize the attendant to
use first-class accommodations if you require the attendant's services
en route.
(c) When exceptional security circumstances require first-class
travel. Exceptional security circumstances are determined by your agency
and include, but are not limited to:
(1) Use of other than first-class accommodations would endanger your
life or Government property;
(2) You are an agent on protective detail and you are accompanying
an individual authorized to use first-class accommodations; or
(3) You are a courier or control officer accompanying controlled
pouches or packages.
(d) When required because of agency mission.
Note to Sec. 301-10.123: You may upgrade to first-class at your
personal expense, including through redemption of frequent flyer
benefits.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 104,
67 FR 17947, Apr. 12, 2002]
Sec. 301-10.124 When may I use premium-class other than first-class airline accommodations?
Only when your agency specifically authorizes/approves your use of
such accommodations under paragraphs (a) through (i) of this section:
(a) Regularly scheduled flights between origin/destination points
(including connecting points) provide only premium-class accommodations
and you certify such on your voucher; or
(b) No space is available in coach-class accommodations in time to
accomplish the mission, which is urgent and cannot be postponed; or
(c) When use of premium-class other than first-class accommodations
is necessary to accommodate your disability or other special need.
Disability must be substantiated in writing by a competent medical
authority. Special need must be substantiated in writing according to
your agency's procedures. If you are authorized under Sec. 301-13.3(a)
of this chapter to have an attendant accompany you, your agency also may
authorize the attendant to use premium-class other than first-class
accommodations if you require the attendant's services en route; or
(d) Security purposes or exceptional circumstances as determined by
your agency make the use of premium-class other than first-class
accommodations essential to the successful performance of the agency's
mission; or
(e) Coach-class accommodations on an authorized/approved foreign air
carrier do not provide adequate sanitation or health standards; or
(f) 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; or
(g) Your transportation costs are paid in full through agency
acceptance of payment from a non-federal source in accordance with
chapter 304 of this title; or
(h) Where the origin and/or destination is OCONUS and the scheduled
flight time is in excess of 14 hours. In this instance you will not be
eligible for a rest stop en route or a rest period upon arrival at your
duty site;
(i) When required because of agency mission.
Note to Sec. 301-10.124: You may upgrade to premium-class other than
first-class at your personal expense, including through redemption of
frequent flyer benefits.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 87, 64
FR 67670, Dec. 2, 1999; FTR Amdt. 104, 67 FR 17947, Apr. 12, 2002]
Use of United States Flag Air Carriers
Source: FTR Amdt. 74, 63 FR 63419, Nov. 13, 1998, unless otherwise
noted.
Sec. 301-10.131 What does United States mean?
For purposes of the use of United States flag air carriers, United
States means the 50 states, the District of Columbia, and the
territories and possessions of the United States (49 U.S.C. 40102).
Sec. 301-10.132 Who is required to use a U.S. flag air carrier?
Anyone whose air travel is financed by U.S. Government funds, except
as
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provided in Sec. 301-10.135, Sec. 301-10.136, and Sec. 301-10.137.
Sec. 301-10.133 What is a U.S. flag air carrier?
An air carrier which holds a certificate under 49 U.S.C. 41102 but
does not include a foreign air carrier operating under a permit.
Sec. 301-10.134 What is U.S. flag air carrier service?
U.S. flag air carrier service is service provided on an air carrier
which holds a certificate under 49 U.S.C. 41102 and which service is
authorized either by the carrier's certificate or by exemption or
regulation. U.S. flag air carrier service also includes service provided
under a code share agreement with a foreign air carrier in accordance
with Title 14, Code of Federal Regulations when the ticket, or
documentation for an electronic ticket, identifies the U.S. flag air
carrier's designator code and flight number.
Sec. 301-10.135 When must I travel using U.S. flag air carrier service?
You are required by 49 U.S.C. 40118, commonly referred to as the
``Fly America Act,'' to use U.S. flag air carrier service for all air
travel funded by the U.S. Government, except as provided in Sec. 301-
10.136 and Sec. 301-10.137 or when one of the following exceptions
applies:
(a) Use of a foreign air carrier is determined to be a matter of
necessity in accordance with Sec. 301-10.138; or
(b) The transportation is provided under a bilateral or multilateral
air transportation agreement to which the United States Government and
the government of a foreign country are parties, and which the
Department of Transportation has determined meets the requirements of
the Fly America Act; or
(c) You are an officer or employee of the Department of State,
United States Information Agency, United States International
Development Cooperation Agency, or the Arms Control Disarmament Agency,
and your travel is paid with funds appropriated to one of these
agencies, and your travel is between two places outside the United
States; or
(d) No U.S. flag air carrier provides service on a particular leg of
the route, in which case foreign air carrier service may be used, but
only to or from the nearest interchange point on a usually traveled
route to connect with U.S. flag air carrier service; or
(e) A U.S. flag air carrier involuntarily reroutes your travel on a
foreign air carrier; or
(f) Service on a foreign air carrier would be three hours or less,
and use of the U.S. flag air carrier would at least double your en route
travel time; or
(g) When the costs of transportation are reimbursed in full by a
third party, such as a foreign government, international agency, or
other organization.
Sec. 301-10.136 What exceptions to the Fly America Act requirements apply when I travel between the United States and another country?
The exceptions are:
(a) If a U.S. flag air carrier offers nonstop or direct service (no
aircraft change) from your origin to your destination, you must use the
U.S. flag air carrier service unless such use would extend your travel
time, including delay at origin, by 24 hours or more.
(b) If a U.S. flag air carrier does not offer nonstop or direct
service (no aircraft change) between your origin and your destination,
you must use a U.S. flag air carrier on every portion of the route where
it provides service unless, when compared to using a foreign air
carrier, such use would:
(1) Increase the number of aircraft changes you must make outside of
the U.S. by 2 or more; or
(2) Extend your travel time by at least 6 hours or more; or
(3) Require a connecting time of 4 hours or more at an overseas
interchange point.
Sec. 301-10.137 What exceptions to the Fly America Act requirements apply when I travel solely outside the United States, and a U.S. flag air carrier provides
service between my origin and my destination?
You must always use a U.S. flag carrier for such travel, unless,
when compared to using a foreign air carrier, such use would:
[[Page 30]]
(a) Increase the number of aircraft changes you must make en route
by 2 or more; or
(b) Extend your travel time by 6 hours or more; or
(c) Require a connecting time of 4 hours or more at an overseas
interchange point.
Sec. 301-10.138 In what circumstances is foreign air carrier service deemed a matter of necessity?
(a) Foreign air carrier service is deemed a necessity when service
by a U.S. flag air carrier is available, but
(1) Cannot provide the air transportation needed; or
(2) Will not accomplish the agency's mission.
(b) Necessity includes, but is not limited to, the following
circumstances:
(1) When the agency determines that use of a foreign air carrier is
necessary for medical reasons, including use of foreign air carrier
service to reduce the number of connections and possible delays in the
transportation of persons in need of medical treatment; or
(2) When use of a foreign air carrier is required to avoid an
unreasonable risk to your safety and is approved by your agency (e.g.,
terrorist threats). Written approval of the use of foreign air carrier
service based on an unreasonable risk to your safety must be approved by
your agency on a case by case basis. An agency determination and
approval of use of a foreign air carrier based on a threat against a
U.S. flag air carrier must be supported by a travel advisory notice
issued by the Federal Aviation Administration and the Department of
State. An agency determination and approval of use of a foreign air
carrier based on a threat against Government employees or other
travelers must be supported by evidence of the threat(s) that form the
basis of the determination and approval; or
(3) When you can not purchase a ticket in your authorized class of
service on a U.S. flag air carrier, and a seat is available in your
authorized class of service on a foreign air carrier.
Sec. 301-10.139 May I travel by a foreign air carrier if the cost of my ticket is less than traveling by a U.S. flag air carrier?
No. Foreign air carrier service may not be used solely based on the
cost of your ticket.
Sec. 301-10.140 May I use a foreign air carrier if the service is preferred by or more convenient for my agency or me?
No. You must use U.S. flag air carrier service, unless you meet one
of the exceptions in Sec. 301-10.135, Sec. 301-10.136, or Sec. 301-
10.137 or unless foreign air carrier service is deemed a matter of
necessity under Sec. 301-10.138.
Sec. 301-10.141 Must I provide any special certification or documents if I use a foreign air carrier?
Yes, you must provide a certification, as required in Sec. 301-
10.143 and any other documents required by your agency. Your agency
cannot pay your foreign air carrier fare if you do not provide the
required certification.
Sec. 301-10.142 What must the certification include?
The certification must include:
(a) Your name;
(b) The dates that you traveled;
(c) The origin and the destination of your travel;
(d) A detailed itinerary of your travel, name of the air carrier and
flight number for each leg of the trip; and
(e) A statement explaining why you met one of the exceptions in
Sec. 301-10.135, Sec. 301-10.136, or Sec. 301-10.137 or a copy of your
agency's written approval that foreign air carrier service was deemed a
matter of necessity in accordance with Sec. 301-10.138.
Sec. 301-10.143 What is my liability if I improperly use a foreign air carrier?
You will not be reimbursed for any transportation cost for which you
improperly use foreign air carrier service. If you are authorized by
your agency to use U.S. flag air carrier service for your entire trip,
and you improperly use a foreign air carrier for any part of
[[Page 31]]
or the entire trip (i.e., when not permitted under this regulation),
your transportation cost on the foreign air carrier will not be payable
by your agency. If your agency authorizes you to use U.S. flag air
carrier service for part of your trip and foreign air carrier service
for another part of your trip, and you improperly use a foreign air
carrier (i.e., when neither authorized to do so nor otherwise permitted
under this regulation), your agency will pay the transportation cost on
the foreign air carrier for only the portion(s) of the trip for which
you were authorized to use foreign air carrier service. The agency must
establish internal procedures for denying reimbursement to travelers
when use of a foreign air carrier was neither authorized nor otherwise
permitted under this regulation.
Train
Sec. 301-10.160 What classes of train accommodations are available?
(a) Coach-class--The basic class of accommodations offered by a rail
carrier to passengers that includes a level of service available to all
passengers regardless of the fare paid. Coach-class includes reserved
coach accommodations as well as slumber coach accommodations when
overnight train travel is involved.
(b) Slumber coach--Includes slumber coach accommodations on trains
offering such accommodations, or the lowest level of sleeping
accommodations available on a train that does not offer slumber coach
accommodations.
(c) First-class--Includes bedrooms, roomettes, club service, parlor
car accommodations, or other premium accommodations.
Sec. 301-10.161 What class of train accommodations must I use?
You must use coach-class accommodations for all train travel, except
when your agency authorizes first-class service.
Sec. 301-10.162 When may I use first-class train accommodations?
Only when your agency specifically authorizes/approves your use of
first-class train accommodations under paragraphs (a) through (d) of
this section.
(a) No coach-class accommodations are reasonably available.
``Reasonably available'' means available and scheduled to leave within
24 hours of the employee's proposed departure time, or scheduled to
arrive within 24 hours of the employee's proposed arrival time.
(b) When use of first-class is necessary to accommodate a disability
or other special need. A disability must be substantiated in writing by
competent medical authority. A special need must be substantiated in
writing according to your agency's procedures. If you are authorized
under Sec. 301-13.3(a) of this chapter to have an attendant accompany
you, your agency also may authorize the attendant to use first-class
accommodations if you require the attendant's services en route.
(c) When exceptional security circumstances require first-class
travel. Exceptional security circumstances include, but are not limited
to:
(1) Use of other than first-class accommodations would endanger your
life or Government property;
(2) You are an agent on protective detail and you are accompanying
an individual authorized to use first-class accommodations; or
(3) You are a courier or control officer accompanying controlled
pouches or packages.
(d) Inadequate foreign coach-class train accommodations. When coach-
class train accommodations on a foreign rail carrier do not provide
adequate sanitation or health standards.
Sec. 301-10.163 What is an 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).
Sec. 301-10.164 When may I use extra-fare train service?
You may travel coach-class on an extra-fare train whenever your
agency determines it is more advantageous to the Government or is
required for security reasons. The use of AMTRAK Metroliner coach
accommodations is
[[Page 32]]
advantageous to the Government; AMTRAK Metroliner Club Service, however,
is a first-class accommodation and may be authorized/approved only as
provided in Sec. 301-10.162.
[63 FR 15955, Apr. 1, 1998; 63 FR 35537, June 30, 1998]
Ship
Sec. 301-10.180 Must I travel by a U.S. flag ship?
Yes, when a U.S. flag ship is available unless the necessity of the
mission requires the use of a foreign ship. (See 46 U.S.C. App. Sec.
1241.)
Sec. 301-10.181 What is my liability if I improperly use a foreign ship?
You are required to travel by U.S. flag ship for the entire trip,
unless use of a foreign ship has been authorized by your agency. Any
cost that is attributed to improper or unauthorized use of a foreign
ship is your responsibility.
[63 FR 15955, Apr. 1, 1998; 63 FR 35537, June 30, 1998]
Sec. 301-10.182 What classes of ship accommodations are available?
Accommodations on ships vary according to deck levels.
(a) First-class--All classes above the lowest first class, includes
but is not limited to a suite.
(b) Lowest first class--The least expensive first class of reserved
accommodations available on a ship.
Sec. 301-10.183 What class of ship accommodations must I use?
You must use the lowest first class accommodations when traveling by
ship, except when your agency specifically authorizes/approves your use
of first-class ship accommodations under paragraphs (a) through (c) of
this section.
(a) Lowest first class accommodations are not available on the ship.
(b) When use of first-class is necessary to accommodate a disability
or other special need. Disability must be substantiated in writing by
competent medical authority. Special need must be substantiated in
writing according to your agency's procedures. If you are authorized
under Sec. 301-13.3(a) of this chapter to have an attendant accompany
you, your agency also may authorize the attendant to use first-class
accommodations if you require the attendant's services en route.
(c) When exceptional security circumstances require first-class
travel. Exceptional security circumstances include, but are not limited
to:
(1) The use of lowest first class accommodations would endanger your
life or Government property; or
(2) You are an agent on protective detail and you are accompanying
an individual authorized to use first-class accommodations; or
(3) You are a courier or control officer accompanying controlled
pouches or packages.
Local Transit System
Sec. 301-10.190 When may I use a local transit system (bus, subway, or streetcar)?
(a) To, from, and between places of work. The use of bus, subway, or
streetcar is an allowable expense for local travel between places of
business at your official station or a TDY station, and between places
of lodging and place of business at a TDY station.
(b) To places where meals can be obtained. Where the nature and
location of the work at your TDY station are such that meals cannot be
obtained there, travel to obtain meals at the nearest available place is
an allowable expense. You must, however, attach a statement to your
travel voucher explaining why such travel was necessary.