[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Rules and Regulations]
[Pages 56160-56180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22314]



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Part VIII





General Services Administration





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41 CFR Chapter 301 and Part 301-11



Federal Travel Regulation; Maximum Per Diem Rates; Final Rule

  Federal Register / Vol. 67, No. 169 / Friday, August 30, 2002 / Rules 
and Regulations  

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GENERAL SERVICES ADMINISTRATION

41 CFR Chapter 301 and Part 301-11

[FTR Amendment 109]
RIN 3090-AH66


Federal Travel Regulation; Maximum Per Diem Rates

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 increases/decreases the maximum per diem allowance in 
certain existing per diem localities and adds new per diem localities. 
In an effort to improve the ability of the per diem rates to meet the 
lodging demands of Federal travelers to high cost travel locations, the 
General Services Administration (GSA) has integrated the contracting 
mechanism of the new Federal Premier Lodging Program (FPLP) into the 
per diem rate-setting process. The FPLP will enhance the Government's 
ability to meet its overall room night demand, and allow travelers to 
find lodging close to where they conduct business.

DATES: This final rule is effective October 1, 2002, and applies for 
travel performed on or after October 1, 2002.

FOR FURTHER INFORMATION CONTACT: Joddy Garner, Office of Governmentwide 
Policy, Travel Management Policy Division, at 202 501-4857.

SUPPLEMENTARY INFORMATION:

A. Background

    In order to provide adequate per diem reimbursement for Federal 
employee travel, the maximum per diem allowances are changed in 
specific locations. Properties in high cost travel areas are under no 
obligation to provide lodging to Federal travelers at the per diem 
rate. Thus, the General Services Administration (GSA) established the 
Federal Premier Lodging Program (FPLP) to contract directly with 
properties in high cost travel markets to make available a set number 
of rooms to Federal travelers at contract rates. For the locations 
where FPLP contracts are already effective, GSA has adopted the 
contract rates as the per diem lodging rates applicable to these 
locations. For the destinations where we plan to award FPLP contracts 
in the near future, we also plan to adopt the contract rates as the new 
per diem lodging rates, but we cannot make these changes until the new 
contracts become effective. Therefore, these lodging rate changes will 
become effective at a later date. A listing of these proposed new FPLP 
destinations follows the per diem rates listing.
    For fiscal year (FY) 2003, significant changes were made regarding 
the per diem rates. There are 13 new destinations being added to the 
per diem listing, and an increase in the lodging rate for Pensacola, 
Florida. However, the FY 2002 standard CONUS per diem rate and all 
other per diem lodging rates remain unchanged through September 30, 
2003 (except for the proposed new FPLP destinations mentioned above). 
This is due to our establishment of a Governmentwide Per Diem Advisory 
Board (Board) to review the current per diem rate setting process and 
methodology. Recommendations from the Board are forthcoming in December 
2002, and we will consider appropriate per diem changes at that time. 
In addition, new M&IE rates for locations in designated markets have 
been approved, as well as a new M&IE tier of $50.

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 Flexibilitiy 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 proposed 
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 in 41 CFR Part 301-11

    Government employees, Travel and transportation expenses.
    For the reasons set forth in the preamble, 41 CFR chapter 301 is 
amended as follows:

PART 301-11--PER DIEM EXPENSES

    1. The authority citation for part 301-11 continues to read as 
follows:

    Authority: 5 U.S.C. 5707.

    2. In Sec. 301-11.18 the table is revised to read as follows:


Sec. 301-11.18  What M&IE rate will I receive if a meal(s) is furnished 
at nominal or no cost by the Government or is included in the 
registration fee?

* * * * *

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M&IE..........................................         30         34         38         42         46         50
Breakfast.....................................         $6         $7         $8         $9         $9        $10
Lunch.........................................          6          7          8          9         11         12
Dinner........................................         16         18         20         22         24         26
Incidentals...................................          2          2          2          2          2          2
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    3. Appendix A to chapter 301 is revised to read as follows:

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

    The maximum rates listed below 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,

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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/applications/hotel.
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    Dated: August 27, 2002.
Stephen A. Perry,
Administrator, General Services Administration.
[FR Doc. 02-22314 Filed 8-29-02; 8:45 am]
BILLING CODE 6820-34-C