[Federal Register Volume 64, Number 231 (Thursday, December 2, 1999)]
[Rules and Regulations]
[Pages 67670-67688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31215]



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Part III





General Services Administration





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



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

  Federal Register / Vol. 64, No. 231 / Thursday, December 2, 1999 / 
Rules and Regulations  

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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.

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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:

A. 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.

B. 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.

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 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.

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

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. 99-31215 Filed 12-1-99; 8:45 am]
BILLING CODE 6820-34-C