Federal travel: Per diem localities; maximum lodging and meal allowances,

[Federal Register: December 2, 1999 (Volume 64, Number 231)]

[Rules and Regulations]

[Page 67669-67688]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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Part III

General Services Administration

41 CFR Parts 300-3 and 301-10 and Chapter 301

Federal Travel Regulation; Maximum Per Diem Rates and Other Travel Allowances; Final Rule

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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 300-3 and 301-10 and Chapter 301

[FTR Amendment 87]

RIN 3090-AH18

Federal Travel Regulation; Maximum Per Diem Rates and Other Travel Allowances

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Final rule.

SUMMARY: An analysis of lodging and meal cost survey data reveals that the listing of maximum per diem rates for locations within the continental United States (CONUS) should be updated to provide for the reimbursement of Federal employees' expenses covered by per diem. This final rule amends incidental expenses to specify that transportation between places of lodging or business and places where meals are taken, if suitable meals can be obtained at the temporary duty site, is covered under the incidental expenses portion of the meals and incidental expenses (M&IE) allowance; adds a provision when the use of premium-class other than first-class airline accommodations may be used; and, among other things, increases/decreases the maximum lodging amounts in certain existing per diem localities, adds new per diem localities, removes a number of previously designated per diem localities, and increases the maximum lodging amount under the standard rate.

DATES: This final rule is effective January 1, 2000, and applies for travel performed on or after January 1, 2000, with the exception of the maximum per diem rate prescribed for Harford County, Maryland, which applies on December 2, 1999.

FOR FURTHER INFORMATION CONTACT: Jim Harte, telephone (202) 501-0483.

SUPPLEMENTARY INFORMATION:

1. Background

   The General Services Administration (GSA), after an analysis of additional data, has determined that current lodging and meals and incidental expenses (M&IE) allowances for certain localities do not adequately reflect the cost of lodging in those areas. To provide adequate per diem reimbursement for Federal employee travel to those areas, the maximum per diem allowances are changed.

2. Executive Order 12866

   GSA has determined that this final rule is not a significant regulatory action for the purposes of Executive Order 12866 of September 30, 1993.

3. 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.

4. Paperwork Reduction Act

   The Paperwork Reduction Act does not apply because the revisions do not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public which require the approval of the Office of Management and Budget under 44 U.S.C. 501 et seq.

5. 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

   41 CFR Part 300-3

   Government employees, Travel and transportation expenses.

   41 CFR Part 301-10

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

   For the reasons set forth in the preamble, 41 CFR Chapters 300 and 301 are amended as follows:

   PART 300-3--GLOSSARY OF TERMS

   1. The authority citation for part 300-3 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. 486(c); 49 U.S.C. 40118; E.O. 11609, 3 CFR, 1971-1975 Comp., p. 586.

   2. Section 300-3.1 is amended by republishing the introductory text and revising paragraph (c)(2) in the definition of ``per diem allowance'' to read as follows:

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

      * * * * *

      Per diem allowance--The per diem allowance (also referred to as subsistence allowance) is a daily payment instead of reimbursement for actual expenses for lodging (excluding taxes), meals, and related incidental expenses. The per diem allowance is separate from transportation expenses and other miscellaneous expenses. The per diem allowance covers all charges, including any service charges where applicable for: * * * * *

      (c) * * *

      (2) Transportation between places of lodging or business and places where meals are taken, if suitable meals can be obtained at the TDY site; and * * * * *

      PART 301-10--TRANSPORTATION EXPENSES

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

      Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c); 49 U.S.C. 40118.

   4. Section 301-10.124 is amended by revising the introductory text, by removing the period at the end of paragraph (i) and adding a semicolon in its place, and by adding paragraph (j) to read as follows:

      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 (j) of this section: * * * * *

      (j) When required because of agency mission.

   5. Appendix A to chapter 301 is revised to read as follows:

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      Appendix A to Chapter 301--Prescribed Maximum Per Diem Rates for CONUS

      The maximum rates listed in this appendix are prescribed under part 301-11 of this chapter for reimbursement of per diem expenses incurred during official travel within CONUS (the continental United States). The amount shown in column (a) is the maximum that will be reimbursed for lodging expenses excluding taxes. The M&IE rate shown in column (b) is a fixed amount allowed for meals and incidental expenses covered by per diem. The per diem payment calculated in accordance with part 301-11 of this chapter for lodging expenses plus the M&IE rate may not exceed the maximum per diem rate shown in column (c). Seasonal rates apply during the periods indicated. It is the policy of the Government, as reflected in the Hotel Motel Fire Safety Act of 1990 (Public Law 101-391, September 25, 1990 as amended by Public Law 105-85, November 18, 1997), referred to as ``the Act'' in this paragraph, to save lives and protect property by promoting fire safety in hotels, motels, and all places of public accommodation affecting commerce. In furtherance of the Act's goals, employees are encouraged to stay in a facility which is fire-safe, i.e., an approved accommodation, when commercial lodging is required. Lodgings that meet the Government requirements are listed on the U.S. Fire Administration's Internet site at http:// www.usfa.fema.gov/hotel/index.htm.

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      Dated: November 26, 1999. Stephenie Foster, Acting Administrator of General Services.

      [FR Doc. 99-31215Filed12-1-99; 8:45 am]

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