Code of Federal Regulations: Containing a Codification of Documents of ...

8301-10.3 What methods of transportation may my agency authorize me to use?

Your agency may authorize:

(a) Common carrier transportation (e.g., aircraft, train, bus, ship, or local transit system) under Subpart B;

(b) Government vehicle under Subpart C;

(d) Special conveyance (e.g., taxi or commercial automobile) under Subpart

8301-10.4 How does my agency select the method of transportation to be used?

Your agency must select the method most advantageous to the Government, when cost and other factors are considered. Under 5 U.S.C. 5733, travel must be by the most expeditious means of transportation practicable and commensurate with the nature and purpose of your duties. In addition, your agency must consider energy conservation, total cost to the Government (including costs of per diem, overtime, lost worktime, and actual transportation costs), total distance traveled, number of points visited, and number of travelers.

§301-10.5 What are the presumptions

as to the most advantageous method of transportation?

(a) Common carrier. Travel by common carrier is presumed to be the most advantageous method of transportation and must be used when reasonably available.

(b) Government automobile. When your agency determines that your travel must be performed by automobile, a Government automobile is presumed to be the most advantageous method of transportation.

8301-10.6 What is my liability if I do

not travel by the selected method of transportation?

If you do not travel by the method of transportation required by regulation or selected by your agency, any additional expenses you incur will be borne by you.

8301-10.7 How should I route my travel?

You must travel to your destination by the usually traveled route unless your agency authorizes or approves a different route as officially necessary.

§301-10.8 What is my liability if, for personal convenience, I travel by an indirect route or interrupt travel by a direct route?

Your reimbursement will be limited to the cost of travel by a direct route or on an uninterrupted basis. You will be responsible for any additional costs.

Subpart B-Common Carrier
Transportation

§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

8301-10.106 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;

[63 FR 15955, Apr. 1, 1998; 63 FR 35537, June 30, 1998]

USE OF CONTRACT CITY-PAIR FARES 8301-10.107 When must I use a contract city-pair fare?

You must always use a contract citypair fare (an Internet list of city-pairs is available at http://pub.fss.gsa.gov/services/city pairs), if you are a civilian employee of an agency (see § 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

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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] 8301-10.108 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.

§301-10.114 What must I do with un

used 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.

§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 § 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]

§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.

§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

§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 firstclass-Any class of accommodations between coach-class and first-class,

§301-10.123 When may I use first-class airline accommodations?

Only when your agency specifically authorizes/approves your use of firstclass accommodations under paragraph (a) through (d) of this section.

(a) No other coach-class or premiumclass 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.

If you are authorized under § 301-13.3(a) of this chapter to have an attendant accompany you, your agency also may authorize the attendant to use firstclass 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.

§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 (j) 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 coachclass 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 § 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) You are able to obtain the accommodations as an upgrade through the redemption of frequent traveler benefits in accordance with your agency's policies; or

(h) 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

(i) 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;

(j) When required because of agency mission.

[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 87, 64 FR 67670, Dec. 2, 1999]

USE OF UNITED STATES FLAG AIR CARRIERS

SOURCE: FTR Amdt. 74, 63 FR 63419, Nov. 13, 1998, unless otherwise noted.

8301-10.131 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).

§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 provided in § 301-10.135, §301-10.136, and § 301-10.137.

§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.

§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.

§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 §301-10.136 and § 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 § 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. §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.

§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:

(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

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