Federal Travel Regulation; Reimbursement of Higher Actual Subsistence Expenses in Special or Unusual Circumstances

GENERAL SERVICES ADMINISTRATION

41 CFR Part 301-8

[FTR Amendment 38]

RIN 3090-AF54

Federal Travel Regulation; Reimbursement of Higher Actual

Subsistence Expenses in Special or Unusual Circumstances

AGENCY: Federal Supply Service, GSA.

ACTION: Final rule.

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SUMMARY: This final rule removes the October 1, 1994 expiration date

applicable to authority of the Administrator of General Services to

establish, at the request of the head of an agency, a higher maximum

daily rate for subsistence expenses not to exceed 300 percent of the

maximum per diem rate prescribed in the Federal Travel Regulation (FTR)

(41 CFR chapters 301-304) for official travel to an area within the

continental United States (CONUS) where special or unusual

circumstances result in an extreme increase in subsistence costs for a

temporary period. This action will permit the Administrator of General

Services to continue to consider agency requests for a higher actual

subsistence expense reimbursement rate for a CONUS location where

special or unusual circumstances result in an extreme increase in

subsistence costs for a temporary period.

EFFECTIVE DATE: This final rule is effective October 1, 1994.

FOR FURTHER INFORMATION CONTACT: Larry A. Tucker, Transportation

Management Division (FBX), Washington, DC 20406, telephone 703-305-

5745.

SUPPLEMENTARY INFORMATION: The General Services Administration (GSA)

issued FTR Amendment 7 (55 FR 2379, Jan. 24, 1990) to accommodate

requests from the Federal Emergency Management Agency for establishment

of a higher maximum daily rate for reimbursement of actual subsistence

expenses in a Presidentially declared disaster area. This change was

prompted by the devastation Hurricane Hugo inflicted upon a broad area

surrounding Charleston, SC in September 1989, resulting in a severe

shortage of affordable lodging for Federal emergency personnel

performing temporary duty there. GSA expanded the authority in FTR

Amendment 19 (56 FR 37478, Aug. 7, 1991) to accommodate requests from

an agency head for establishment of a higher actual subsistence expense

reimbursement rate for a location within the continental United States

where special or unusual circumstances result in an extreme increase in

subsistence costs for a temporary period.

GSA has determined that this rule is not a significant regulatory

action for the purposes of Executive Order 12866 of September 30, 1993.

This final rule is not required to be published in the Federal Register

for notice and comment. Therefore, the Regulatory Flexibility Act does

not apply.

List of Subjects in 41 CFR Part 301-8

Government employees, Travel, Travel allowances, Travel and

transportation expenses.

For the reasons set out in the preamble, 41 CFR part 301-8 is

amended to read as follows:

PART 301-8--REIMBURSEMENT OF ACTUAL SUBSISTENCE EXPENSES

1. The authority citation for part 301-8 continues to read as

follows:

Authority: U.S.C. 5701-5709; E.O. 11609, 36 FR 13747, 3 CFR,

1971-1975 Comp., p. 586.

2. Section 301-8.3 is amended by revising paragraph (c) to read as

follows:

Sec. 301-8.3 Maximum daily rates and reimbursement limitations.

* * * * *

(c) Travel to an area within CONUS where special or unusual

circumstances result in an extreme increase in subsistence costs for a

temporary period--(1) Authority to establish a higher actual

subsistence expense reimbursement rate. The Administrator of General

Services may establish an appropriate maximum daily rate for

reimbursement of actual subsistence expenses not to exceed 300 percent

of the maximum per diem rate prescribed in Sec. 301-7.3(a) of this

chapter when the following conditions are met:

(i) Travel is to an area within CONUS where special or unusual

circumstances result in an extreme increase in subsistence costs for a

temporary period;

(ii) The head of an agency submits a request, as specified in

paragraph (c)(3) of this section, for establishment of a maximum daily

rate above the maximum rate prescribed in paragraph (a) of this

section; and

(iii) The justification supporting the request warrants

establishment of a higher rate.

(2) Application and limitations. Such higher established rate shall

apply for all official travel to the area, and will be effective for a

period not to exceed 30 days. When the Administrator establishes a

higher actual subsistence expense rate, the limitation in paragraph

(b)(1) of this section shall not apply.

(3) Rate requests. A request for a higher actual subsistence

expense reimbursement rate, with the exception of a request for travel

to a Presidentially declared disaster area, shall be submitted at least

30 days in advance of the beginning of the recommended effective period

unless otherwise adequately justified. The request shall be submitted

in writing to the Administrator of General Services, Washington, DC

20405, and must contain the following information:

(i) A specification of the geographic area encompassed;

(ii) If the area is a Presidentially declared disaster area, a copy

of the Presidential disaster declaration;

(iii) A recommended maximum daily rate not to exceed 300 percent of

the maximum per diem rate prescribed for the area under Sec. 301-7.3;

(iv) A description of the specific circumstances which justify the

establishment of the recommended rate;

(v) An estimate of the cost impact of establishing a maximum daily

rate for subsistence expenses above the maximum rate prescribed in

paragraph (a) of this section; and

(vi) A recommended time period for effectiveness of the maximum

daily rate requested to be established under this paragraph.

(4) Extensions. The Administrator may extend the period of

effectiveness in increments of up to 30 days upon the request of the

head of the agency originally requesting establishment of the higher

rate.

* * * * *

Dated: August 15, 1994.

Julia M. Stasch,

Acting Administrator of General Services.

[FR Doc. 94-20731 Filed 8-23-94; 8:45am]

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