[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Rules and Regulations]
[Pages 28459-28461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9893]


=======================================================================
-----------------------------------------------------------------------

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.

0
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

0
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.


Sec.  301-2.5  [Amended]

0
2. Amend Sec.  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

0
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

[[Page 28460]]

Management and Use of Government Aircraft.'' Revised May 22, 1992.


Sec.  301-10.106  [Amended]

0
4. Amend Sec.  301-10.106(b) by removing ``premium class'' and adding 
``business-class'' in its place.
0
5. Revise Sec.  301-10.121 to read as follows:


Sec.  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 Sec.  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 Sec.  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.
0
6. Amend Sec.  301-10.123 by revising the introductory paragraph and 
the first sentence of paragraph (a) to read as follows:


Sec.  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. * * *
* * * * *
0
7. Amend Sec.  301-10.124 by--
0
a. Revising the section heading and introductory paragraph;
0
b. Removing from paragraph (a) ``premium-class'' and adding ``first-
class and business-class'' in its place; and
0
c. Removing from paragraphs (c), (d), and the note to Sec.  301-10.124, 
``premium-class other than first class'' wherever it appears and adding 
``business-class'' in its place.
0
The revised text reads as follows:


Sec.  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

0
8. The authority citation for 41 CFR part 301-11 continues to read as 
follows:

    Authority:  5 U.S.C. 5707.


Sec.  301-11.20  [Amended]

0
9. Amend Sec.  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

0
10. The authority citation for 41 CFR part 301-13 continues to read as 
follows:

    Authority:  5 U.S.C. 5707.
0
11. Amend Sec.  301-13.3 by revising paragraph (f) to read as follows:


Sec.  301-13.3  What additional travel expenses may my agency pay under 
this part?

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

PART 301-50--ARRANGING FOR TRAVEL SERVICES

0
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).
0
13. Amend Sec.  301-50.6 by revising paragraph (a)(2) to read as 
follows:


Sec.  301-50.6  Are there any limits on travel arrangements I may make?

    (a)* * *
    (2) You may use first-class accommodations only under Sec. Sec.  
301-10.123, 301-10.162, and 301-10.183 and business-class 
accommodations only under Sec.  301-10.124 of this chapter; and
* * * * *

PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS

0
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.
0
15. Amend Sec.  301-70.102 by revising paragraph (b)(1) 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 business-class service for airlines under Sec.  301-
10.124 and first-class service for air, rail, and ship under Sec. Sec.  
301-10.123, 301-10.162, and 301-10.183 of this chapter;
* * * * *

PART 301-71--AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS

0
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).


Sec.  301-71.105  [Amended]

0
17. Amend Sec.  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]

0
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

0
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.
0
20. Revise Sec.  304-3.9 to read as follows:

[[Page 28461]]

Sec.  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 Sec.  304-5.5 of this 
chapter.

PART 304-5--AGENCY RESPONSIBILITIES

0
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.


Sec.  304-5.5  [Amended]

0
22. Amend Sec.  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