[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Rules and Regulations]
[Pages 55699-55707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19484]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 300-3, 300-70, 301-2, 301-10, 301-11, 301-13, 301-53, 
301-70, 301-71, Appendix C to Chapter 301, 304-3, and 304-5

[FTR Case 2020-300-1; Docket No. GSA-FTR-2022-0005, Sequence No. 2]
RIN 3090-AK40


Federal Travel Regulation; Common Carrier Transportation

AGENCY: Office of Government-wide Policy (OGP), General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: The U.S. General Services Administration (GSA) is amending the 
Federal Travel Regulation (FTR) by adding definitions to the Glossary 
of Terms; adopting recommendations from agencies and the Senior Travel 
Official Council to simplify the FTR; consolidating duplicative 
regulations pertaining to the use of common carrier transportation 
accommodations; introducing premium economy airline accommodations as a 
class of service and creating management controls related to the use 
thereof; removing an outdated exception to use of a Contract City Pair 
fare; sequencing common carrier regulations in a more logical order; 
and making miscellaneous editorial corrections.

DATES: Effective October 12, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. Tom Mueller, Director of Travel, 
Relocation, Mail, and Transportation Division, Office of Government-
wide Policy, at 202-208-0247 or by email at [email protected] or 
clarification of content. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755 or [email protected]. Please cite FTR Case 2020-300-1.

SUPPLEMENTARY INFORMATION:

I. Background

    GSA is amending the FTR by defining multiple terms, to include 
``coach class'', ``other than coach class'' (which includes ``first 
class'', ``business class'', and ``premium economy class''), ``contract 
City Pair Program'', ``scheduled flight time'', and ``usually traveled 
route'', along with making other minor editorial changes in the 
Glossary of Terms. This final rule also relocates regulations that are 
informational and not directive in nature, such as ``What is an extra-
fare train?'' (FTR Sec.  301-10.163), and more appropriately places 
them in the ``Glossary of Terms''.
    GSA amended the FTR on October 27, 2009 (74 FR 55145) to implement 
recommendations contained in the U.S. Government Accountability Office 
(GAO) report, ``Premium Class Travel: Internal Control Weaknesses 
Governmentwide Led to Improper and Abusive Use of Premium Class 
Travel'' (GAO-07-1268). The final rule replaced ``first-class'', 
``business-class'', and ``premium-class'' with a broad term, ``other 
than coach-class.'' Since that time, changes in the airline industry, 
such as unbundling of services and the creation of classes of service 
between coach and business class, has created uncertainty on what 
accommodations must be reported as other than coach class. 
Consequently, GSA is defining the term ``other than coach class'' to 
include ``first class'', ``business class'', and ``premium economy 
class'', while also clearly stating that only first class and business 
class need to be reported as part of GSA's efforts to ensure against 
improper and abusive Government travel costs per GAO-07-1268.
    Including ``premium economy class'' as its own class of service 
aligns with current commercial airline industry practice and 
acknowledges a potentially cost-saving alternative to business class 
accommodations for Federal travelers when an exception to using coach 
class accommodation applies.
    From fiscal years 2011 through 2020, business class airline 
accommodations have accounted for about 97 percent of the cost of all 
reportable other than coach class transportation. Of the aforementioned 
97 percent of business class air trips, 35 percent were authorized 
using the ``14-hour rule'' per FTR 301-10.125. As premium economy class 
airline tickets tend to be less expensive than business class, 
particularly for flights to destinations outside the continental United 
States (OCONUS), GSA is amending the FTR to authorize premium economy 
class

[[Page 55700]]

accommodations as an exception to the required use of coach class when 
scheduled flight time exceeds eight hours and travel is to, from, or 
between OCONUS locations (i.e., foreign and non-foreign areas). This 
exception for using premium economy class is aimed at reducing the use 
of first class and business class transportation with the anticipation 
that agencies will authorize premium economy class where offered, 
instead of business or first class, when eligible. In the event a 
traveler is authorized to fly premium economy class under the new 
eight-hour rule, there is no eligibility for a rest period.
    Some agencies have expressed the need for a rest period in excess 
of 24 hours when there is limited availability of scheduled departures, 
as travelers may encounter it when traveling to certain foreign or 
remote locations. Accordingly, GSA is adding a paragraph (c) to section 
301-11.20 informing agencies they may authorize a rest period in excess 
of 24 hours under the circumstances described.
    Additionally, agencies are required to report annual travel data on 
certain types of travel per subpart B of FTR part 300-70. Premium class 
travel (formally known as ``other than coach class'' travel) is one 
such type of travel that requires annual reporting. Premium class 
travel reporting requirements are set forth in the FTR and do not have 
a statutorily mandated deadline for submission, which provides the 
Administrator of General Services latitude on setting reporting 
deadlines. Typically, several agencies request an extension to submit 
their premium class travel data. To provide agencies more time to 
review their data, GSA is setting the premium class travel reporting 
requirement as December 31 of each year (instead of the current 60 days 
after the end of each fiscal year).
    GSA will now refer to the ``premium class'' or ``other than coach 
class'' travel report as the ``first class and business class'' travel 
report as reporting is limited to only first and business class 
accommodations. The renaming of this report will avoid confusion with 
the newly proposed definitions of ``other than coach class'' and 
``premium economy class''. Agencies will not report premium economy 
class or coach class seating upgrades in the first class and business 
class report as costs for both are likely to be substantially lower 
than business and first class accommodations, and therefore, pose less 
risk for travel cost abuse. To further reduce agency reporting burden, 
GSA requires negative submissions only for CFO Act agencies and 
agencies that reported the use of first class or business class 
accommodations for the previous reporting cycle. All other agencies may 
provide a negative report but are not required to do so. These changes, 
along with clarifying that agencies only need to report first class and 
business class accommodations, will promote a common understanding of 
the reporting requirements across Government.
    GSA is also making several changes to the FTR based on 
recommendations from the Travel and Expense Management Federal 
Integrated Business Framework working group, established by GSA in 
April 2017, in which GSA worked with other agencies to develop baseline 
travel and expense management standards. For example, the group 
proposed removing an outdated City Pair Program exception which allows 
travelers to use a non-contract fare if smoking is permitted on the 
contract air carrier and the nonsmoking section of the contract 
aircraft is not acceptable (FTR Sec.  301-10.107(e)). In 2000, smoking 
was banned on all scheduled U.S. domestic and international airline 
flights between the U.S. and another country (65 FR 36772), which 
eventually led to smoke-free policies for airlines worldwide. 
Consequently, GSA is removing this outdated exception to Contract City 
Pair Program fare use.
    This final rule also eliminates the duplicative language in the FTR 
on the classes of accommodations for each mode of common carrier 
transportation, i.e., FTR Sec. Sec.  301-10.121 (air), 301-10.160 
(rail), and 301-10.182 (ship), the requirement to use coach class 
accommodations for each mode, i.e., FTR Sec. Sec.  301-10.122 (air), 
301-10.161 (rail), and 301-10.183 (ship), and the duplicative 
regulations that prescribe when a traveler may be authorized use of 
other than coach class accommodations, i.e., FTR Sec. Sec.  301-10.123 
(air), 301-10.162 (rail), and 301-10.183 (ship), into a single 
definition for ``coach class'', one regulation on the requirement to 
use coach class, and one regulation governing when other than coach 
class may be authorized, irrespective of the mode of common carrier 
transportation. Further, this rule eliminates examples of exceptional 
security circumstances that currently accompany the exception for use 
of other than coach class, as such circumstances are determined by the 
agency.
    The final rule also clarifies circumstances under which agencies 
may authorize the use of sleeping cars on trains. Lastly, due in part 
to the consolidation and elimination of multiple regulations, this rule 
resequences the common carrier regulations found in FTR part 301-10. It 
also makes other miscellaneous editorial changes.

II. Discussion of the Final Rule

    GSA published a proposed rule on March 3, 2022 (87 FR 12048), to 
amend the FTR sections pertaining to the use of common carrier 
transportation, e.g., commercial airline and train. The proposed rule 
received one anonymous comment that recommended changing the term and 
definition of ``Flight Time'' under the 14-hour rule to ``Travel 
Time'', to account for the total travel time from point of origin to 
final destination.
    In drafting the proposed rule, GSA considered total travel time, 
but agencies expressed concern that it may actually increase the use of 
business class. Consequently, GSA is maintaining scheduled flight time 
as a determining factor for eligibility, not entitlement, to use of 
business class airline accommodations.
    Additionally, as total travel time may include train travel that 
offers business class seating, and often includes time spent traveling 
between a traveler's residence and airport or train station, time 
awaiting transportation, and time traveling using shuttle, taxi, or 
transportation network company services to the final destination, these 
factors further deterred GSA from proposing to use total travel time as 
a basis for business class eligibility.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O 13563 
emphasizes the importance of quantifying both costs and benefits, of 
reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993.

IV. Congressional Review Act

    OIRA has determined that this rule is not a ``major rule'' as 
defined by 5 U.S.C. 804(2). Additionally, this rule is excepted from 
Congressional Review Act reporting requirements prescribed under 5 
U.S.C. 801 since it relates to agency management or personnel under 5 
U.S.C. 804(3).

[[Page 55701]]

IV. Regulatory Flexibility Act

    This final rule will not have a significant economic impact on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because it applies 
to agency management. Therefore, a Final Regulatory Flexibility 
Analysis has not been performed.

V. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FTR do not impose recordkeeping or information collection 
requirements, or the collection of information from offerors, 
contractors, or members of the public that require the approval of the 
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.

List of Subjects

41 CFR Part 300-3

    Government employees, Income Taxes, Travel and transportation 
expenses.

41 CFR Part 300-70

    Government employees, Reporting and recordkeeping requirements, 
Travel and transportation expenses.

41 CFR Part 301-2

    Government employees, Travel and transportation expenses.

41 CFR Part 301-10

    Common carriers, Government employees, Government property, Travel 
and transportation expenses.

41 CFR Part 301-11

    Government employees, Travel and transportation expenses.

41 CFR Part 301-13

    Government employees, Individuals with disabilities, Travel and 
transportation expenses.

41 CFR Part 301-53

    Government employees, Travel and transportation expenses.

41 CFR Part 301-70

    Administrative practice and procedure, Government employees, 
Individuals with disabilities, Travel and transportation expenses.

41 CFR Part 301-71

    Accounting, Government employees, Travel and transportation 
expenses.

41 CFR Part 304-3 and 304-5

    Government employees, Travel and transportation expenses.

Robin Carnahan,
Administrator of General Services.
    For the reasons set forth in the preamble, GSA amends 41 CFR parts 
300-3, 300-70, 301-2, 301-10, 301-11, 301-13, 301-53, 301-70, 301-71, 
Appendix C to Chapter 301, 304-3, and 304-5 as set forth below:

PART 300-3-GLOSSARY OF TERMS

0
1. The authority citation for part 300-3 continues to read as follows:

    Authority:  5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118; 5 
U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; 
E.O 11609, as amended, 3 CFR, 1971-1975 Comp., p. 586, Office of 
Management and Budget Circular No. A-126, revised May 22, 1992.

0
2. Amend Sec.  300-3.1 by--
0
a. Adding in alphabetical order definitions for ``Coach class'' and 
``Coach class seating upgrade programs'';
0
b. Revising the definition of ``Common carrier'';
0
c. Adding in alphabetical order definitions for ``Contract City Pair 
Program'', ``Extra-fare train'', and ``Other than coach class'';
0
d. Revising the definition of ``Privately owned automobile''; and
0
e. Adding in alphabetical order definitions for ``Scheduled flight 
time'' and ``Usually traveled route''.
    The additions and revisions read as follows:


Sec.  300-3.1   What do the following terms mean?

* * * * *
    Coach class--The class of accommodation that is normally the lowest 
class of fare offered by common carriers regardless of terminology 
used. For reference purposes only, coach class may also be referred to 
as tourist class, economy class, steerage, or standard class.
    Coach class seating upgrade programs--Under commercial air 
transportation seating upgrade programs, a passenger may obtain a 
preferable seat choice or increased amenities or services within the 
coach class seating area. These upgraded choices are generally 
available for a fee, as a program membership benefit (such as frequent 
flyer) or at an airport kiosk or gate. Coach class seating upgrade 
options are not considered a new or higher class of accommodation from 
coach as the seat is lower than other than coach class accommodations 
in terms of cost and amenities (e.g., seating girth and pitch, priority 
boarding, luggage allowance, expedited food/drink service).
* * * * *
    Common carrier--Private sector supplier of air, rail, bus, ship, or 
other transit system.
* * * * *
    Contract City Pair Program--A mandatory use (see Sec.  301-10.110 
for required users) Government program that provides commercially 
available scheduled air passenger transportation services to persons 
authorized to travel directly at the Government's expense. The City 
Pair Program offers negotiated firm-fixed-price fares on one-way routes 
between airports that apply in either direction of travel. Fares may be 
issued using one of the following fare types, or others that the 
contract City Pair Program may solicit:
    (1) Capacity-controlled coach class contract fare (_CA)--A contract 
City Pair Program coach class fare that is less expensive than the 
unrestricted contract City Pair Program coach class fare (YCA), but has 
limited inventory availability, meaning, once the flight reaches a 
certain capacity, _CA fares may no longer be available for booking. 
Unlike YCA fares, _CA fares are restricted by the availability of 
seats. Accordingly, early booking may increase the likelihood of 
booking a _CA fare. The first character of the three-character fare 
basis code varies by airline.
    (2) Unrestricted coach class contract fare (YCA)--A contract City 
Pair Program coach class fare that is more expensive than a _CA fare, 
but offers last seat (inventory) availability (unless a flight is 
already sold out), meaning, as long as coach class inventory is 
available to sell on the flight, the Government traveler can purchase 
it.
    (3) Contract business fare (_CB)--Contract fare offered by carriers 
in some domestic and international line item markets for business class 
service. The first character of the three-character fare basis code 
varies by airline.
* * * * *
    Extra-fare train--A train that operates at an increased fare due to 
the extra performance of the train, i.e., faster speed or fewer stops, 
or both.
* * * * *
    Other than coach class--Any class of accommodations above coach 
class.
    (1) First class. The highest class of accommodation offered by a 
common carrier in terms of cost and amenities.
    (2) Business class. A class of accommodation offered by a common 
carrier that is lower than first class but

[[Page 55702]]

higher than coach and premium economy, in cost and amenities.
    (3) Premium economy class. A class of airline accommodation that is 
lower than both first class and business class, but higher than coach 
class in terms of cost and amenities. Airlines are constantly updating 
their offerings; however, for the purposes of this regulation, premium 
economy class is considered a separate, higher class of accommodation 
from coach class and is not considered a coach class seating upgrade.
* * * * *
    Privately owned automobile--A car or light truck, including a van 
or a pickup truck, that is owned or leased for personal use by an 
individual, but not necessarily the traveler.
* * * * *
    Scheduled flight time--The flight time between the originating 
departure point and the ultimate arrival point, as scheduled by the 
airline, including scheduled non-overnight time spent at airports 
during plane changes. Scheduled non-overnight time does not include 
time spent at the originating or ultimate arrival airports.
* * * * *
    Usually traveled route--The most direct route between the 
employee's official station (or invitational traveler's home) and the 
temporary duty location, as defined by maps or consistent with 
established scheduled services of contract or common carriers.

PART 300-70-AGENCY REPORTING REQUIREMENTS

0
3. The authority citation for 41 CFR part 300-70 continues to read as 
follows:

    Authority:  5 U.S.C. 5707; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20 
U.S.C. 905(a); 31 U.S.C. 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; 
E.O. 11609, as amended, 3 CFR, 1971-1975 Comp., p. 586.

0
4. The subpart B heading is revised to read as follows:

Subpart B--Requirement to Report Use of First Class and Business 
Class Transportation Accommodations

0
5. Amend Sec.  300-70.100 by revising the section heading to read as 
follows:


Sec.  300-70.100   Who must report the use of first class and business 
class transportation accommodations?

* * * * *

0
6. Revise Sec.  300-70.101 to read as follows:


Sec.  300-70.101   What information must we report on the use of first 
class and business class transportation accommodations?

    GSA issues FTR bulletins that inform you of the required 
information and reporting format(s) for each trip where you paid for at 
least one segment of first class or business class transportation 
accommodations that were more expensive than coach class accommodations 
for the same itinerary. FTR bulletins are updated as necessary and 
available at 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, as 
relevant.

0
8. Amend Sec.  300-70.103 by revising the section heading, introductory 
text, and paragraphs (a) and (b) to read as follows:


Sec.  300-70.103   Are there any exceptions to the first class and 
business class reporting requirement?

    Yes. You must not report data that is protected from public 
disclosure by statute or Executive Order, such as classified data or 
data otherwise withheld from the public in response to written requests 
under the Freedom of Information Act (5 U.S.C. 552). In these cases, 
you are required to report the following aggregate information:
    (a) Aggregate number of authorized first class and business class 
trips that are protected from disclosure;
    (b) Total cost of actual first class and business class fares paid 
that exceeded the coach class fare; and
* * * * *

PART 301-2--GENERAL RULES

0
9. The authority citation for 41 CFR part 301-2 continues to read as 
follows:

    Authority:  5 U.S.C. 5707; 31 U.S.C. 1353; 49 U.S.C. 40118.

0
10. Revise Sec.  301-2.1 to read as follows:


Sec.  301-2.1  Must I have authorization to travel?

    Yes, generally you must have written or electronic authorization 
before incurring any travel expense. When it is not practicable or 
possible to obtain such authorization before travel begins, your agency 
may approve reimbursement for specific travel expenses after travel is 
completed. However, written or electronic advance authorization is 
required for items in Sec.  301-2.5(c), (i), (n), and (o) of this part.

0
11. Amend Sec.  301-2.4 by adding a sentence to the end of the section 
to read as follows:


Sec.  301-2.4   For what travel expenses am I responsible?

    * * * Failure to provide sufficient justification to your approving 
official for such accommodations or services will limit your 
reimbursement to the constructive cost of the amount authorized versus 
the amount claimed.


Sec.  301-2.5   [Amended]

0
12. Amend Sec.  301-2.5, in paragraph (b), by removing the words 
``foreign air carrier'' and adding in their place ``foreign air carrier 
or foreign ship''.

PART 301-10--TRANSPORTATION EXPENSES

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

    Authority:  5 U.S.C. 5707, 40 U.S.C. 121(c); 49 U.S.C. 40118; 
Office of Management and Budget Circular No. A-126, ``Improving the 
Management and Use of Government Aircraft.'' Revised May 22, 1992.

0
14. Add Sec. Sec.  301-10.101 through 301-10.104 to read as follows:

Sec.
* * * * *
301-10.101 What classes of common carrier accommodations are 
available?
301-10.102 What class of common carrier accommodations must I use?
301-10.103 When may I use other than coach class accommodations?
301-10.104 What must I do if I change or do not use a common carrier 
reservation?
* * * * *


Sec.  301-10.101   What classes of common carrier accommodations are 
available?

    Common carriers frequently update their levels of service and use 
various terminologies to distinguish those levels of service. For the 
purposes of this regulation, the classes of common carrier 
transportation are categorized as coach class, premium economy class, 
business class, and first class.

    Note 1 to Sec.  301-10.101:  If an airline flight has only two 
classes of accommodations available, i.e., two distinctly different 
seating

[[Page 55703]]

types (such as girth and pitch) and the front of the aircraft is 
termed ``premium economy class'' or higher by the airline and the 
tickets are fare coded as premium economy class or higher, then the 
front of the aircraft is deemed to be other than coach class. 
Alternatively, if an airline flight has only two seating sections 
available but equips both with one type of seating, (i.e., seating 
girth and pitch are the same in both sections of the aircraft), and 
the seats in the front of the aircraft are fare coded as full fare 
economy class, and only restricted economy fares are available in 
the back of the aircraft, then the entire aircraft is to be 
classified as coach class. In this second situation, qualifying for 
other than coach class travel is not required to purchase an 
unrestricted full fare economy seat in the front of the aircraft as 
the entire aircraft is considered ``coach class.''

Sec.  301-10.102   What class of common carrier accommodations must I 
use?

    For all official travel you must use coach class accommodations, 
unless your agency authorizes or approves the use of other than coach 
class accommodations as provided under Sec.  301-10.103.


Sec.  301-10.103   When may I use other than coach class 
accommodations?

    You are required to exercise the same care in incurring expenses 
that a prudent person would exercise if traveling on personal business 
when making official travel arrangements. Therefore, you are required 
to use the least expensive class of accommodations necessary to meet 
your needs and accomplish the agency's mission. You may use the lowest 
other than coach class accommodations only when your agency 
specifically authorizes or approves such use as specified in paragraph 
(a), (b), or (c) of this section.
    (a) Your agency may authorize or approve premium economy class 
accommodations when:
    (1) Required to accommodate a medical disability or other special 
need;
    (i) A medical disability must be certified annually in a written 
statement by a competent medical authority. However, if the disability 
is a lifelong condition, then a one-time certification statement is 
required. Certification statements must include at a minimum:
    (A) A written statement by a competent medical authority stating 
that special accommodation is necessary;
    (B) An approximate duration of the special accommodation; and
    (C) A recommendation as to the suitable class of transportation 
accommodations based on the medical disability.
    (ii) A special need must be certified annually in writing according 
to your agency's procedures. However, if the special need is a lifelong 
condition, then a one-time certification statement is required;
    (iii) If you are authorized under Sec.  301-13.3(a) of this 
subchapter to have an attendant accompany you, your agency may also 
authorize the attendant to use premium economy class accommodations if 
you require the attendant's services en route;
    (2) Exceptional security circumstances, as determined by your 
agency, require premium economy class accommodations;
    (3) Coach class accommodations on an authorized foreign carrier do 
not provide adequate sanitation or health standards;
    (4) Regularly scheduled service between origin and destination 
points, including connecting points, provide only other than coach 
class accommodations and you certify such on your voucher;
    (5) Your common carrier costs are paid in full through agency 
acceptance of payment from a non-Federal source in accordance with 
chapter 304 of this title;
    (6) Your origin and/or destination is/are OCONUS and your scheduled 
flight time, including stopovers and change of planes, is in excess of 
eight hours;
    (7) The use results in an overall cost savings to the Government by 
avoiding additional subsistence costs, overtime, or lost productive 
time while awaiting coach class accommodations;
    (8) No space is available in coach class accommodations that allows 
you to arrive in time to accomplish the mission, which is urgent and 
cannot be postponed; or
    (9) Required because of agency mission, consistent with your 
agency's internal procedures pursuant to Sec.  301-70.102(i).
    (b) Your agency may authorize or approve business class 
accommodations under paragraphs (a)(1) through (5) and (7) through (9) 
of this section, or when:
    (1) Your origin and/or destination are OCONUS;
    (2) Your scheduled flight time, including stopovers and change of 
planes, is more than 14 hours;
    (3) You are required to report to duty the following day or sooner; 
and
    (4) Your agency has determined business class accommodations are 
more advantageous than authorizing a rest period en route or at your 
destination pursuant to Sec.  301-11.20.
    (c) Your agency may authorize or approve first class accommodations 
under paragraph (a)(1), (2), or (9) of this section, or when no coach 
class, premium economy class, or business class accommodations are 
reasonably available. ``Reasonably available'' means available on a 
common carrier that is scheduled to leave within 24 hours of your 
proposed departure time, or scheduled to arrive within 24 hours of your 
proposed arrival time.

    Note 1 to Sec.  301-10.103:  Other than coach class 
accommodations may be obtained at a traveler's personal expense, 
including through redemption of program membership benefits such as 
frequent flyer programs.


    Note 2 to Sec.  301-10.103:  Open authorization (i.e., Unlimited 
Open or Limited Open) of other than coach class transportation 
accommodations is prohibited and shall be authorized on an 
individual trip-by-trip basis, unless the traveler has an up-to-date 
documented medical disability or special need.

Sec.  301-10.104   What must I do if I change or do not use a common 
carrier reservation?

    If you know you will change or not use your reservation, you must 
take action to change or cancel it as prescribed by your agency. Also, 
you must report all changes of your reservation according to your 
agency's procedures in an effort to prevent losses to the Government. 
Failure to do so may subject you to liability for any resulting losses.

0
15. Revise Sec.  301-10.105 to read as follows:


Sec.  301-10.105   What must I do with unused Government Transportation 
Request(s) (GTR(s)), ticket(s), or refund application(s)?

    You must submit any unused GTR(s), unused ticket coupons, unused e-
tickets, unused e-vouchers, or refund applications to your agency in 
accordance with your agency's procedures.

0
16. Remove the undesignated center heading ``Use of Contract City-Pair 
Fares'' that appears above Sec.  301-10.106.

0
17. Revise Sec.  301-10.106 to read as follows:


Sec.  301-10.106   Am I authorized to receive or keep a refund or 
credit for unused transportation?

    No. You are not authorized to receive or keep a refund, credit, or 
any other negotiable document from a transportation service provider 
for undelivered services (except as provided in Sec.  301-10.123) or 
any portion of an unused ticket issued in exchange for a GTR or billed 
to an agency's centrally billed account. However, any charges billed 
directly to your individually billed Government charge card account 
should be credited to your account. You must immediately remit to the 
Government for any unused transportation expense(s) credited to

[[Page 55704]]

your individually billed Government charge card account.


Sec. Sec.  301-10.107 through 301-10.109   [Removed and Reserved]

0
18. Remove and reserve Sec. Sec.  301-10.107 through 301-10.109.

0
19. Add an undesignated center heading before Sec.  301-10.110 and 
revise Sec. Sec.  301-10.110 through 301-10.114 to read as follows:

Sec.
* * * * *
Use of Contract City Pair Program Fares
301-10.110 When must I use a contract City Pair Program fare?
301-10.111 Are there any exceptions to the use of a contract City 
Pair Program fare?
301-10.112 What requirements must be met to use a non-contract fare?
301-10.113 What is my liability for unauthorized use of a non-
contract carrier when contract service is available and I do not 
meet one of the exceptions for required use?
301-10.114 May I use contract passenger transportation service for 
personal travel?
* * * * *

Use of Contract City Pair Program Fares


Sec.  301-10.110   When must I use a contract City Pair Program fare?

    If you are an employee of an agency as defined in Sec.  301-1.1 of 
this chapter, you must use a contract City Pair Program fare for 
scheduled air passenger transportation service unless one of the 
limited exceptions in Sec.  301-10.111 exists.

    Note 1 to Sec.  301-10.110:  When a contract City Pair Program 
carrier offers a lower cost capacity-controlled coach class contract 
fare (_CA) and an unrestricted coach class contract fare (YCA), you 
must use the lower cost capacity-controlled fare when it is 
advantageous and meets mission needs. A listing of contract City 
Pair Program fares is available at 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 costs which would 
increase the total cost of the trip;
    (b) The contractor's flight schedule is inconsistent with explicit 
policies of your Federal department or agency with regard to scheduling 
travel during normal working hours;
    (c) A non-contract carrier offers a lower fare to the general 
public that, if used, will result in a lower total trip cost to the 
Government (the combined costs of transportation, lodging, meals, and 
related expenses considered); or

    Note 1 to paragraph (c):  This exception does not apply if the 
contract carrier offers the same or lower fare and has seats 
available at that fare, or if the fare offered by the non-contract 
carrier is restricted to Government and military travelers 
performing official business and may be purchased only with a 
contractor-issued charge card, centrally billed account (e.g., YDG, 
MDG, QDG, VDG, and similar fares) or GTR where the two previous 
options are not available.

    (d) Cost effective rail transportation is available and is 
consistent with mission requirements.

    Note 2 to Sec.  301-10.111:  A group of 10 or more passengers 
traveling together on the same day, on the same flight, for the same 
mission, requiring group integrity and identified as a group by the 
travel management service upon booking is not a mandatory user of 
the Government's contract City Pair Program fares. For group travel, 
agencies are expected to obtain air passenger transportation service 
that is practical and cost effective to the Government.


    Note 3 to Sec.  301-10.111:  Contractors are not authorized to 
use contract City Pair Program fares to perform travel under their 
contracts.


    Note 4 to Sec.  301-10.111:  Carrier preference is not a valid 
exception for using a non-contract City Pair Program fare.

Sec.  301-10.112   What requirements must be met to use a non-contract 
fare?

    (a) Before purchasing a non-contract fare you must meet one of the 
exception requirements listed in Sec.  301-10.111 and show approval on 
your travel authorization to use a non-contract fare; and
    (b) If the non-contract fare is non-refundable, restricted, or has 
specific eligibility requirements, you must know or reasonably 
anticipate, based on your planned trip, that you will use the ticket; 
and
    (c) Your agency must determine that the proposed non-contract 
transportation is practical and cost effective for the Government.


Sec.  301-10.113   What is my liability for unauthorized use of a non-
contract carrier when contract service is available and I do not meet 
one of the exceptions for required use?

    You are responsible for any additional costs or penalties incurred 
by you resulting from unauthorized use of non-contract service.


Sec.  301-10.114   May I use contract passenger transportation service 
for personal travel?

    No, you may not use contract passenger transportation service for 
personal travel.


Sec. Sec.  301-10.115 through 301-10.117   [Removed and Reserved]

0
20. Remove and reserve Sec. Sec.  301-10.115 through 301-10.117.


Sec. Sec.  301-10.118 and 301-10.119   [Reserved]

0
21. Add reserved Sec. Sec.  301-10.118 and 301-10.119 after the 
undesignated center heading ``Airline Accommodations''.

0
22. Add Sec.  301-10.120 after the undesignated center heading 
``Airline Accommodations'' to read as follows:


Sec.  301-10.120   What must I do when different airlines furnish the 
same service at different fares?

    When there is no contract City Pair Program fare and other carriers 
furnish the same service at different fares between the same points for 
the same type of accommodations, you must use the lowest cost service 
unless your agency determines that the use of higher cost service is 
more advantageous to the Government.

0
23. Revise Sec. Sec.  301-10.121 through 301-10.124 to read as follows:

Sec.
* * * * *
301-10.121 When may I use coach class seating upgrade programs?
301-10.122 What must I do with compensation an airline gives me if 
it denies me a seat on a plane?
301-10.123 May I keep compensation an airline gives me for 
voluntarily vacating my seat on my scheduled airline flight when the 
airline asks for volunteers?
301-10.124 When may I use a reduced group or charter fare?
* * * * *


Sec.  301-10.121   When may I use coach class seating upgrade programs?

    Use of upgraded coach class seating options is generally a 
traveler's personal choice and therefore is at the traveler's personal 
expense. However, your agency approving official may approve 
reimbursement of the additional seat choice fee according to part 301-
13 of this chapter or internal agency policy (see Sec.  301-70.102(k)).


Sec.  301-10.122   What must I do with compensation an airline gives me 
if it denies me a seat on a plane?

    If you are performing official travel and a carrier denies you a 
confirmed reserved seat on a plane, you must give

[[Page 55705]]

your agency any payment you receive for liquidated damages. You must 
ensure the carrier shows the ``Treasurer of the United States'' as 
payee on the compensation check and then forward the payment to the 
appropriate agency official.


Sec.  301-10.123   May I keep compensation an airline gives me for 
voluntarily vacating my seat on my scheduled airline flight when the 
airline asks for volunteers?

    (a) Yes, you may keep airline compensation if:
    (1) Voluntarily vacating your seat will not interfere with 
performing your official duties; and
    (2) Additional travel expenses, incurred as a result of vacating 
your seat, are borne by you and are not reimbursed by the Government.
    (b) If volunteering delays your travel during duty hours, your 
agency will charge you with annual leave for the additional hours.


Sec.  301-10.124   When may I use a reduced group or charter fare?

    You may use a reduced group or charter fare when your agency has 
determined, on an individual case basis before your travel begins, that 
use of such a fare is cost effective. Chartered aircraft are subject to 
the same rules as Government aircraft, and agencies in the executive 
branch of the Federal Government are subject to the requirements of 
Office of Management and Budget (OMB) Circular A-126 and 41 CFR part 
102-33 in making such cost effectiveness determinations.


Sec.  301-10.125   [Removed and Reserved]

0
24. Remove and reserve Sec.  301-10.125.


Sec. Sec.  301-10.126 through 301-10.129   [Reserved]

0
25. Add reserved Sec. Sec.  301-10.126 through 301-10.129 before the 
undesignated center heading ``Use of United States Flag Air Carriers''.


Sec.  301-10.130   [Reserved]

0
26. Add reserved Sec.  301-10.130 after the undesignated center heading 
``Use of United States Flag Air Carriers''.


Sec. Sec.  301-10.144 through 301-10.159   [Reserved]

0
27. Add reserved Sec. Sec.  301-10.144 through 301-10.159 before the 
undesignated center heading ``Train''.

0
28. Revise Sec. Sec.  301-10.160 and 301-10.161 to read as follows:


Sec.  301-10.160   When may I use extra-fare train service?

    You may use extra-fare train service whenever your agency 
determines it is more advantageous to the Government or is required for 
security reasons. Use of extra-fare train service must be authorized or 
approved as other than coach class accommodations as provided in 
Sec. Sec.  301-10.103(b) and 301-10.103(c).


Sec.  301-10.161   When may I use sleeping accommodations aboard train 
service?

    You may use the lowest class of sleeping accommodations aboard a 
train that meets your mission needs when overnight travel is required, 
and your agency determines it is advantageous to the Government.


Sec. Sec.  301-10.162 through 301-10.164   [Removed and Reserved]

0
29. Remove and reserve Sec. Sec.  301-10.162 through 301-10.164.


Sec. Sec.  301-10.165 through 301-10.179   [Reserved]

0
30. Add reserved Sec. Sec.  301-10.165 through 301-10.179 before the 
undesignated center heading ``Ship''.

0
31. Revise Sec.  301-10.180 to read as follows:


Sec.  301-10.180   Must I travel by a U.S. flag ship?

    Yes, when authorized to travel by ship you must use a U.S. flag 
ship when one is available unless the necessity of the mission requires 
the use of a foreign ship. (See 46 U.S.C. 55302).


Sec. Sec.  301-10.182 and 183   [Removed and Reserved]

0
32. Remove and reserve Sec. Sec.  301-10.182 and 301-10.183.


Sec. Sec.  301-10.184 through 301-10.189   [Reserved]

0
33. Add reserved Sec. Sec.  301-10.184 through 301-10.189 before the 
undesignated center heading ``Transit Systems''.

PART 301-11--PER DIEM EXPENSES

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

    Authority:  5 U.S.C. 5707


0
35. Amend Sec.  301-11.20 by revising paragraph (a) and adding 
paragraph (c) to read as follows:


Sec.  301-11.20   May my agency authorize a rest period for me while I 
am traveling?

    (a) Your agency may authorize a rest period not in excess of 24 
hours at either an intermediate point or at your destination when:
    (1) Either your origin or destination is OCONUS;
    (2) Your scheduled flight time, including stopovers, exceeds 14 
hours;
    (3) Travel is by a direct or usually traveled route; and
    (4) Travel is by coach class or premium economy class.
* * * * *
    (c) Your agency may authorize a rest period that exceeds 24 hours 
when no scheduled transportation service departs within 24 hours of 
your arrival at an intermediate point. To qualify for a rest period 
exceeding 24 hours, you must be scheduled to board the first available 
scheduled departure. Your agency will determine a reasonable additional 
length of time for any rest period exceeding 24 hours.

0
36. Amend Sec.  301-11.26 by revising the table to read as follows:


Sec.  301-11.26   How do I request a review of the per diem in a 
location?

* * * * *

                       Table 1 to Sec.   301-11.26
------------------------------------------------------------------------
                              For non-foreign area    For foreign area
     For CONUS locations            locations             locations
------------------------------------------------------------------------
General Services              Defense Travel        Director, Office of
 Administration, Office of     Management Office,    Allowances,
 Government-wide Policy,       Attn: Policy and      Department of
 1800 F St. NW, Washington,    Regulations           State, Annex 1,
 DC 20405.                     Division, 4800 Mark   Suite L-314,
                               Center Drive, Suite   Washington, DC
                               04J25-01,             20522-0103.
                               Alexandria, VA
                               22350-9000.
------------------------------------------------------------------------


[[Page 55706]]

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

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

    Authority:  5 U.S.C. 5707.


0
38. Amend Sec.  301-13.3 by revising the introductory text and 
paragraph (f) to read as follows:


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

    Your agency approving official may pay for any expenses deemed 
necessary by your agency to accommodate your special need including, 
but not limited to, the following expenses:
* * * * *
    (f) Other than coach class accommodations to accommodate your 
special need, under subpart B of part 301-10 of this subchapter; and
* * * * *

PART 301-53--USING PROMOTIONAL MATERIAL AND FREQUENT TRAVELER 
PROGRAMS

0
39. The authority citation for part 301-53 continues to read as 
follows:

    Authority:  5 U.S.C. 5707; 31 U.S.C. 1353.


Sec.  301-53.4   [Amended]

0
40. Amend Sec.  301-53.4 by removing ``Sec. Sec.  301-10.109 and 301-
10.110'' and adding ``Sec. Sec.  301-10.113 and 301-10.114'' in its 
place.

0
41. Revise Sec.  301-53.5 to read as follows:


Sec.  301-53.5   Are there exceptions to the mandatory use of contract 
City Pair Program fares and an agency's travel management service?

    Yes, the exceptions are in accordance with Sec. Sec.  301-10.111 
and 301-10.112 of this chapter for the mandatory use of a contract City 
Pair Program fare, and Sec.  301-73.103 of this chapter for the 
mandatory use of a travel management service.


Sec.  301-53.6   [Amended]

0
42. Amend Sec.  301-53.6 by removing ``Sec.  301-10.116'' and ``Sec.  
301-10.117'' and adding ``Sec.  301-10.122'' and ``Sec.  301-10.123'' 
in their places, respectively.

PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS

0
43. The authority citation for part 301-70 is revised to read as 
follows:

    Authority:  5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 
105-264, 112 Stat. 2350 (5 U.S.C. 5701, note); OMB Circular No. A-
126, revised May 22, 1992; OMB Circular No. A-123, Appendix B, 
revised August 27, 2019.


0
44. Amend Sec.  301-70.102 by revising paragraphs (b)(1) and (3), (d), 
(i), and (k) to read as follows:


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

* * * * *
    (b) * * *
    (1) Use of other than coach class accommodations under Sec.  301-
10.103 of this chapter;
* * * * *
    (3) Use of an extra-fare train service under Sec.  301-10.160;
* * * * *
    (d) When you consider the use of a POV advantageous to the 
Government, such as travel to and from common carrier terminals or to 
the TDY location. When determining whether the use of a POV to a TDY 
location is the most advantageous method of transportation, you must 
consider the total cost of using a POV as compared to the total cost of 
using a rental vehicle, including rental costs, fuel, taxes, parking 
(at a common carrier terminal--not to exceed the cost of taxi or 
transportation network company fare, etc.), and any other relevant 
costs;
* * * * *
    (i) Develop and issue internal guidance on what specific mission 
criteria justify use of other than coach class under Sec.  301-
10.103(a)(9) and the use of other than the least expensive compact car 
available under Sec.  301-10.450(c). The justification criteria shall 
be noted on the traveler's authorization.
* * * * *
    (k) Develop and publish internal guidance regarding when coach 
class seating upgrade fees will be authorized as advantageous to the 
Government and reimbursed (see Sec.  301-10.121).

0
45. Amend Sec.  301-70.401 by revising paragraph (a) to read as 
follows:


Sec.  301-70.401   What governing policies and procedures must we 
establish regarding travel of an employee with a disability or special 
need?

* * * * *
    (a) Who will determine if an employee has a disability or special 
need which requires accommodation, including when documentation is 
necessary under Sec. Sec.  301-10.103 and 301-10.121, and when a 
determination may be based on a clearly visible and discernible 
physical condition; and
* * * * *

PART 301-71--AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS

0
46. The authority citation for 41 CFR part 301-71 continues to read as 
follows:

    Authority:  5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 
105-264, 112 Stat. 2350 (5 U.S.C. 5701 note).


0
47. Revise Sec.  301-71.105 to read as follows:


Sec.  301-71.105   Must we issue a travel authorization in advance of 
travel?

    Yes, except when advance authorization is not possible or practical 
and approval is in accordance with Sec. Sec.  301-2.1, 301-2.5, or 304-
3.13. However, the following always require advance authorization:
    (a) Use of reduced fares for group or charter arrangements;
    (b) Payment of a reduced rate per diem;
    (c) Acceptance of payment from a non-Federal source for travel 
expenses (see chapter 304 of this title); and
    (d) Travel expenses related to attendance at a conference.

0
48. Amend appendix C to chapter 301 by
0
a. Revising the entry for ``Transportation Method Indicator'' in the 
table for ``Commercial Transportation Information''; and
0
b. Revising the entry for ``Transportation Method Cost'' in the table 
for ``Travel Expense Information''.
    The revisions read as follows:

Appendix C to Chapter 301--Standard Data Elements for Federal Travel 
[Traveler Identification]

* * * * *

                  Commercial Transportation Information
------------------------------------------------------------------------
         Group name               Data elements          Description
------------------------------------------------------------------------
 
                              * * * * * * *
Transportation Method         Air (other than       Common carrier used
 Indicator.                    coach class).         as transportation
                                                     to TDY location.
                              Air (coach class)...

[[Page 55707]]

 
                              Non-contract Air,
                               Train, Other.
 
                              * * * * * * *
------------------------------------------------------------------------


                       Travel Expense Information
------------------------------------------------------------------------
         Group name               Data elements          Description
------------------------------------------------------------------------
 
                              * * * * * * *
Transportation Method Cost..  Air (other than       The amount of money
                               coach class).         the transportation
                                                     actually cost the
                                                     traveler, entered
                                                     according to method
                                                     of transportation.
                              Air (coach class)...
                              Non-contract Air,
                               Train.
                              Other...............  Bus or other form of
                                                     transportation.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

PART 304-3--EMPLOYEE RESPONSIBILITY

0
49. The authority citation for part 304-3 continues to read as follows:

    Authority:  5 U.S.C. 5707; 31 U.S.C. 1353.


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


Sec.  304-3.9   May I use other than coach class accommodations on 
common carriers when a non-Federal source pays in full for my common 
carrier transportation expenses to attend a meeting?

    Yes, you may use other than coach class accommodations on common 
carriers if you meet one of the criteria contained in Sec.  301-10.103 
of this subtitle, and are authorized to do so by your agency in 
accordance with Sec.  304-5.5 of this chapter.

PART 304-5--AGENCY RESPONSIBILITIES

0
51. The authority citation for 41 CFR part 304-5 continues to read as 
follows:

    Authority:  5 U.S.C. 5707; 31 U.S.C. 1353.


0
52. Amend Sec.  304-5.5 by revising the section heading, introductory 
text, and paragraph (c) to read as follows:


Sec.  304-5.5   May we authorize an employee to use other than coach 
class accommodations on common carriers if we accept payment in full 
from a non-Federal source for such transportation expenses?

    Yes, you may authorize an employee to use other than coach class 
accommodations on common carriers as long as the:
* * * * *
    (c) Travel meets at least one of the conditions in Sec.  301-10.103 
of this title.

[FR Doc. 2022-19484 Filed 9-9-22; 8:45 am]
BILLING CODE P