41 CFR Parts 301-1, 301-7, 301-8, 301-11, 301-16, and 301-17

GENERAL SERVICES ADMINISTRATION

41 CFR Parts 301-1, 301-7, 301-8, 301-11, 301-16, and 301-17

[FTR Amendment 39]

RIN 3090-AF29

Federal Travel Regulation; Hotel and Motel Fire Safety Act

Requirements

AGENCY: Federal Supply Service, GSA.

ACTION: Final rule.

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SUMMARY: This final rule amends the Federal Travel Regulation (FTR) to

incorporate standards for Federal agency compliance with the Hotel and

Motel Fire Safety Act of 1990 (Pub. L. 101-391, Sept. 25, 1990). These

provisions are intended to enhance the safety of Federal employees

traveling on official business.

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

applies for travel (including travel incident to a change of official

station) performed on or after October 1, 1994.

FOR FURTHER INFORMATION CONTACT: Robert A. Clauson, Transportation

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

5745.

SUPPLEMENTARY INFORMATION: The Hotel and Motel Fire Safety Act of 1990

(Pub. L. 101-391, Sept. 25, 1990), hereinafter referred to as ``the

Act'', among other things, amended title 5, United States Code, by

adding new Secs. 5707(d) and 5707a to save lives and protect property

by promoting fire and life safety in hotels, motels, and all places of

public accommodation affecting commerce.

Hotel and Motel Fire Safety Guidelines

The Act sets standards for fire prevention and control in places of

public accommodation affecting commerce. These requirements include

installation of hard-wired, single station smoke detectors in each

guest room of each place of public accommodation, and an automatic

sprinkler system in each place of public accommodation that is more

than three stories. The Act further requires each State to submit to

the Director of the Federal Emergency Management Agency (FEMA) a list

of places of public accommodation in the State that comply with the

Act's fire safety standards. From the State lists, FEMA must compile

and publish in the Federal Register a national master list and

distribute it to each Federal agency. The Act requires FEMA to

periodically update the master list based on information provided by

the States, and to distribute the updated list to each agency.

Federal Travel Program Compliance

The Act requires the General Services Administration (GSA) to

modify certain of its travel programs to adhere to established fire

safety guidelines. This includes listing in the Federal Travel

Directory only those lodging establishments that comply with the Act's

fire safety standards, specifying which access and safety devices each

establishment provides for the hearing impaired or visually or

physically handicapped, and surveying only accommodations that meet the

Act's fire safety standards when conducting surveys of lodging costs

for the purpose of establishing locality per diem rates.

Agency Compliance

The Act also requires each agency to ensure that it achieves an

adequate ``approved accommodations percentage'', as specified in the

Act and reflected in the regulation, for Fiscal Year 1995 and each

fiscal year thereafter (an approved accommodation is a hotel, motel, or

other place of public accommodation affecting commerce that meets the

Act's fire safety standards). The actual approved accommodations

percentage is computed by dividing the number of nights spent

throughout the United States, including its territories and

possessions, in approved accommodations by the total number of nights

spent throughout the United States, including its territories and

possessions, in all places of public accommodation affecting commerce.

GSA has determined that this rule is not a significant regulatory

action for the purposes of Executive Order 12866 of Sept. 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 Parts 301-1, 301-7, 301-8, 301-11, 301-

16, and 301-17

Government employees, Travel, Travel allowances, Travel and

transportation expenses

For the reasons set out in the preamble, 41 CFR parts 301-1, 301-7,

301-8, 301-11, and 301-16 are amended and 41 CFR part 301-17 is added

as follows:

PART 301-1--APPLICABILITY AND GENERAL RULES

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

follows:

Authority: 5 U.S.C. 5701-5709; 31 U.S.C. 1353; 40 U.S.C. 486(c);

E.O. 11609, 36 FR 13747, 3 CFR, 1971-1975 Comp., p. 586.

Subpart A--Authority, Applicability, and General Rules

2. Section 301-1.3 is amended by revising paragraphs (a) and (c)(1)

to read as follows:

Sec. 301-1.3 General rules.

(a) Employee's obligation--(1) Prudent person rule. An employee

traveling on official business is expected to exercise the same care in

incurring expenses that a prudent person would exercise if traveling on

personal business. Excess costs, circuitous routes, delays, or luxury

accommodations and services unnecessary or unjustified in the

performance of official business are not acceptable under this

standard. Employees will be responsible for excess costs and any

additional expenses incurred for personal preference or convenience.

(2) Approved (firesafe) accommodation. It is the policy of the

Government, as reflected in the Hotel and Motel Fire Safety Act of 1990

(Pub. L. 101-391, Sept. 25, 1990), 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 strongly

encouraged to stay in an approved accommodation when commercial lodging

is required. Such action will serve to benefit all travelers by

influencing the management of places of public accommodation affecting

commerce to comply with the Act's fire safety requirements and maintain

approved accommodation status. An approved accommodation provides

certain fire detection and safety devices that reduce the likelihood of

injury to, and protect the lives of, travelers.

* * * * *

(c) Definitions--(1) Agency. Except as otherwise provided in

Sec. 301-17.2(a) of this chapter, ``agency'' for purposes of this

chapter means an executive agency as defined in 5 U.S.C. 105; a

military department; an office, agency, or other establishment in the

legislative branch; and the government of the District of Columbia; but

does not include a Government-controlled corporation, a Member of

Congress, or an office or committee of either House of Congress or of

the two Houses.

* * * * *

Subpart B--Official Government Business Travel

3. Section 301-1.101 is amended by adding paragraph (b)(4) to read

as follows:

Sec. 301-1.101 Authorization of travel.

* * * * *

(b) * * *

(4) It is the policy of the Government, as reflected in the Hotel

and Motel Fire Safety Act of 1990 (Pub. L. 101-391, Sept. 25, 1990), to

save lives and protect property by promoting fire safety in hotels,

motels, and all places of public accommodation affecting commerce. In

furtherance of these goals, each agency, as defined in Sec. 301-17.2(a)

of this chapter, when authorizing travel shall take appropriate

measures to influence employees who will procure commercial lodging

when performing official travel to stay at a firesafe approved

accommodation as defined in Sec. 301-17.2(c) of this chapter. Further,

each agency shall establish procedures to ensure that its approved

accommodations percentage is in compliance with the provisions of part

301-17 of this chapter. Additionally, each agency shall be prepared, as

required in Sec. 301-17.4(b) of this chapter, to furnish the General

Accounting Office with information necessary for the conduct of an

audit of agency compliance with the approved accommodations percentage

requirement.

* * * * *

Subpart C--Pre-employment Interview Travel

4. Section 301-1.202 is amended by revising the section heading and

by adding paragraphs (a)(5) and (b)(6) to read as follows:

Sec. 301-1.202 Responsibilities for pre-employment interview travel.

(a) * * *

(5) Fire safety responsibilities. Agencies should encourage an

interviewee for his/her safety to stay in an approved accommodation

while performing interview travel, and shall provide the interviewee

with a list of approved accommodations in the interview area. Section

5707(d) of title 5, United States Code requires that the approved

accommodations percentage, as defined in Sec. 301-17.2(d) of this

chapter, be computed based solely on official travel by employees. An

agency, therefore, shall not collect approved accommodations data from

an interviewee.

(b) * * *

(6) Fire safety responsibilities. It is the policy of the

Government, as reflected in the Hotel and Motel Fire Safety Act of 1990

(Pub. L. 101-391, Sept. 25, 1990), 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, an interviewee traveling

to a pre-employment interview is strongly encouraged to stay at an

approved accommodation as defined in Sec. 301-17.2(c) of this chapter

when commercial lodging is required. An approved accommodation provides

certain fire detection and safety devices that reduce the likelihood of

injury to, and protect the lives of, travelers. Section 5707(d) of

title 5, United States Code, requires that the approved accommodations

percentage, as defined in Sec. 301-17.2(d) of this chapter, be computed

based solely on official travel by employees. An interviewee,

therefore, is exempt from the requirement in Secs. 301-7.2(a)(4) and

301-8.5(a)(4) of this chapter to account for approved accommodations

data.

5. Section 301-1.205 is amended by adding paragraph (e) to read as

follows:

Sec. 301-1.205 Claims for reimbursement.

* * * * *

(e) Approved accommodations data. Section 5707(d) of title 5,

United States Code, requires that the approved accommodations

percentage, as defined in Sec. 301-17.2(d) of this chapter, be computed

based solely on official travel by employees. An interviewee,

therefore, is exempt from the requirement in Sec. 301-11.2(b) of this

chapter to account for approved accommodations data.

PART 301-7--PER DIEM ALLOWANCES

6. The authority citation for part 301-7 continues to read as

follows:

Authority: 5 U.S.C. 5701-5709; E.O. 11609, 36 FR 13747, 3 CFR,

1971-1975 Comp., p. 586.

7. Section 301-7.2 is amended by adding new paragraph (a)(4) and

revising paragraph (b) to read as follows:

Sec. 301-7.2 Employee and agency responsibilities.

(a) * * *

(4) Fire safety responsibilities. An employee traveling on official

business is strongly encouraged to stay at an approved accommodation as

defined in Sec. 301-17.2(c) of this chapter. Each employee shall

account, in accordance with his/her agency's procedures established

under paragraph (b)(2) of this section, for the number of nights spent

in approved accommodations as well as the number of nights spent in all

places of public accommodation affecting commerce as defined in

Sec. 301-17.2(b) of this chapter.

(b) Agency responsibilities--(1) Authorizing/approving rates. It is

the responsibility of the head of each agency, or his/her designee, to

authorize or approve only those per diem allowances that are justified

by the circumstances affecting the travel and are allowable under the

specific rules in this part. However, the per diem rates provided for

under these rules represent the maximum allowable. To prevent

authorization or approval of per diem allowances in excess of amounts

required to meet the necessary per diem expenses of official travel,

consideration shall be given to factors such as those listed in this

paragraph that reduce the necessary expenses of employees (see specific

guidelines in Sec. 301-7.12 of this part for reducing rates):

(i) Known arrangements or established cost experience at temporary

duty locations showing that lodging and/or meals can be obtained

without cost or at reduced cost to the employee;

(ii) Situations in which special rates for accommodations have been

made available for a particular meeting, conference, training or other

temporary duty assignments;

(iii) Traveler's familiarity with establishments providing lodging

and meals at a lower cost in certain localities, particularly where

repetitive travel or extended stays are involved;

(iv) Modes of transportation where accommodations are provided as

part of the transportation cost; and

(v) Situations in which the Government furnishes lodging, such as

Government quarters or other lodging procured for the employee by means

of an agency purchase order (see Sec. 301-7.12(a) of this part).

(2) Fire safety responsibilities. Each agency, as defined in

Sec. 301-17.2(a) of this chapter, is responsible for influencing its

employees who require commercial lodging when performing official

travel to stay at an approved accommodation as defined in Sec. 301-

17.2(c) of this chapter and for ensuring that its approved

accommodations percentage is in compliance with the fire safety

guidelines established in the Hotel and Motel Fire Safety Act of 1990

(Pub. L. 101-391, Sept. 25, 1990) (see part 301-17 of this chapter).

Each agency shall establish accounting procedures to collect from each

employee traveling on official business data regarding the number of

nights spent in approved accommodations as well as the number of nights

spent in all places of public accommodation affecting commerce as

defined in Sec. 301-17.2(b) of this chapter.

PART 301-8--REIMBURSEMENT OF ACTUAL SUBSISTENCE EXPENSES

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

follows:

Authority: 5 U.S.C. 5701-5709; E.O. 11609, 36 FR 13747, 3 CFR,

1971-1975 Comp., p. 586.

9. Section 301-8.5 is amended by adding paragraph (a)(4) to read as

follows:

Sec. 301-8.5 Requirements for documentation, review, and

administrative controls.

(a) * * *

(4) Fire safety responsibilities. An employee traveling on official

business is strongly encouraged to stay at an approved accommodation as

defined in Sec. 301-17.2(c) of this chapter. Each employee shall

account, in accordance with his/her agency's procedures established

under Sec. 301-7.2 of this chapter, for the number of nights spent in

approved accommodations as well as the number of nights spent in all

places of public accommodation affecting commerce as defined in

Sec. 301-17.2(b) of this chapter.

PART 301-11--CLAIMS FOR REIMBURSEMENT

10. The authority citation for part 301-11 continues to read as

follows:

Authority: 5 U.S.C. 5701-5709; E.O. 11609, 36 FR 13747, 3 CFR,

1971-1975 Comp., p. 586.

11. Section 301-11.2 is revised to read as follows:

Sec. 301-11.2 Records of travel and expenses.

(a) Expenditure records. All persons authorized to travel on

official business (see certificate on travel voucher form) should keep

a record of expenditures properly chargeable to the Government, noting

each item at the time the expense is incurred and the date. The

information thus accumulated will be available for the proper

preparation of travel vouchers.

(b) Approved accommodations data. An employee is required under

Secs. 301-7.2(a)(4) and 301-8.5(a)(4) of this chapter to account for

the number of nights spent in approved accommodations as well as the

number of nights spent in all places of public accommodation affecting

commerce as defined in Sec. 301-17.2(b) of this chapter in accordance

with procedures established by his/her agency pursuant to Sec. 301-

7.2(b)(2) of this chapter.

PART 301-16--CONFERENCE PLANNING

12. The authority citation for part 301-16 continues to read as

follows:

Authority: 5 U.S.C. 5701-5709; E.O. 11609, 36 FR 13747, 3 CFR,

1971-1975 Comp., p. 586.

Sec. 301-16.2 [Amended]

13. Section 301-16.2 is amended by removing paragraph (g).

14. Section 301-16.3 is revised to read as follows:

Sec. 301-16.3 Authorization of Government sponsorship or co-

sponsorship of a conference.

(a) General. A senior agency official shall authorize Government

sponsorship or co-sponsorship of a conference which involves travel by

30 or more employees.

(b) Prohibition on use of a place of public accommodation that is

not an approved accommodation--(1) General rule. As provided in 15

U.S.C. 2225a, an agency, as defined in Sec. 301-17.2(a) of this

chapter, may not sponsor or fund in whole or in part a conference in

any State, as defined in Sec. 301-17.2(f) of this chapter, at a place

of public accommodation that is not an approved accommodation as

defined in Sec. 301-17.2(c) of this chapter, unless a waiver is granted

under paragraph (b)(2) of this section. This prohibition also applies

to Federal funds expended by the government of the District of

Columbia.

(2) Waiver of the prohibition on scheduling a conference at a place

of public accommodation that is not an approved accommodation. An

agency, as defined in Sec. 301-17.2(a) of this chapter, may sponsor or

fund in whole or in part a conference in any State, as defined in

Sec. 301-17.2(f) of this chapter, at a place of public accommodation

that is not an approved accommodation when the agency head waives the

prohibition in paragraph (b)(1) of this section based on his/her

written determination that such waiver is necessary in the public

interest for a particular event. The agency head may delegate the

authority to waive the prohibition in paragraph (b)(1) of this section

to a senior level official if such official is given the authority with

respect to all conferences sponsored or funded by the agency.

(3) Requirement to include prohibition notice on advertisements and

applications for attendance at a conference. As required by 15 U.S.C.

2225a, any advertisement or application for attendance at a conference

sponsored or funded in whole or in part by an agency in any State, as

defined in Sec. 301-17.2(f) of this chapter, shall include a notice of

the prohibition contained in paragraph (b)(1) of this section on

holding a conference at a place of public accommodation that is not an

approved accommodation. An agency shall not be required to include

notice of the prohibition in any advertisement or application for

attendance at a conference, however, when the agency head, or his/her

designee, waives the prohibition in accordance with paragraph (b)(2) of

this section.

(4) Notification to non-Federal entities receiving Federal funds of

the prohibition on scheduling a conference at a place of public

accommodation that is not an approved accommodation. As provided in 15

U.S.C. 2225a, an Executive agency, as defined in 5 U.S.C. 105, which

provides Federal funds to a non-Federal entity shall notify the non-

Federal entity receiving such funds of the prohibition contained in

paragraph (b)(1) of this section.

15. Section 301-16.4 is amended by revising paragraph (c)(1) to

read as follows:

Sec. 301-16.4 Selection of a conference site.

* * * * *

(c) Restrictions on selection of conference facilities--(1)

Approved accommodations. When an agency, as defined in Sec. 301-17.2(a)

of this chapter, holds a conference at a place of public accommodation,

as defined in Sec. 301-17.2(b) of this chapter, the agency shall use an

approved accommodation as defined in Sec. 301-17.2(c) of this chapter

unless a waiver is granted under Sec. 301-16.3(b)(2) of this part. Any

advertisement or application for attendance at the conference shall

include notice of the prohibition on using a place of public

accommodation that is not an approved accommodation in accordance with

Sec. 301-16.3(b) of this part. In addition, any Executive agency as

defined in 5 U.S.C. 105 shall notify all non-Federal entities to which

it provides Federal funds of the prohibition.

* * * * *

16. Chapter 301 is amended by adding part 301-17 to read as

follows:

PART 301-17--AGENCY TRAVEL DATA REQUIREMENTS

Subpart A--Approved Accommodations Data Reporting

Sec.

301-17.1 Applicability.

301-17.2 Definitions.

301-17.3 Approved accommodations percentage.

301-17.4 Agency compliance.

Subpart B--[Reserved]

Authority: 5 U.S.C. 5701-5709; E.O. 11609, 36 FR 13747, 3 CFR,

1971-1975 Comp., p. 586.

Subpart A--Approved Accommodations Data Reporting

Sec. 301-17.1 Applicability.

(a) This part applies to Federal agencies as defined in Sec. 301-

17.2(a) of this part.

Sec. 301-17.2 Definitions.

For purposes of this part, the following definitions apply:

(a) Agency. ``Agency'' has the same meaning it is given in

Sec. 301-1.3(c)(1) of this chapter except it does not include the

government of the District of Columbia.

(b) Place of public accommodation affecting commerce. ``Place of

public accommodation affecting commerce'' means any inn, hotel, or

other establishment within a State that provides lodging to transient

guests, except that such term does not include:

(1) An establishment owned by the Federal Government;

(2) An establishment treated as an apartment building for purposes

of any State or local law or regulation; or

(3) An establishment located within a building that contains not

more than 5 rooms for rent or hire and that is actually occupied as a

residence by the proprietor of such establishment.

(c) Approved accommodation. ``Approved accommodation'' means any

place of public accommodation that meets the requirements of the fire

prevention and control guidelines in 15 U.S.C. 2225. (A master list of

all approved accommodations is compiled, periodically updated, and

published in the Federal Register by the Director of the Federal

Emergency Management Agency. The statute (5 U.S.C. 5707a(b)) requires

that the General Services Administration list only approved

accommodations in any directory listing public accommodations.)

(d) Approved accommodations percentage. ``Approved accommodations

percentage'' is the percentage of nights that an agency's employees

traveling on official business spend in approved accommodations

relative to the total number of nights spent in places of public

accommodation.

(e) Employee. ``Employee'' has the same meaning it is given in

Sec. 301-1.3(c)(2) of this chapter and in Sec. 302-1.4(c) of chapter

302 of this title, and does not include an interviewee as defined in

Sec. 301-1.3(c)(3) of this chapter.

(f) State. ``State'' means any State, the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana

Islands, the Trust Territory of the Pacific Islands, the Virgin

Islands, the Canal Zone, Guam, American Samoa, or any other U.S.

territory or possession.

Sec. 301-17.3 Approved accommodations percentage.

(a) Scope. An agency's approved accommodations percentage is based

on all official travel in any State by the agency's employees. En route

travel to the new official station and travel to seek residence

quarters authorized in chapter 302 of this title shall be included in

the calculation. Travel to an area other than a State as defined in

Sec. 301-17.2(f) of this part and pre-employment interview travel shall

be excluded from the calculation.

(b) Calculation. Each agency shall compute its approved

accommodations percentage as follows:

(1) Determine the total number of nights that agency employees

performing official travel spent at an approved accommodation within

any State;

(2) Determine the total number of nights that agency employees

performing official travel spent at any place of public accommodation

affecting commerce within any State;

(3) Divide the number determined in paragraph (b)(1) of this

section by the number determined in paragraph (b)(2) of this section;

and

(4) Multiply the quotient determined in paragraph (b)(3) of this

section by 100 to determine the approved accommodations percentage.

Sec. 301-17.4 Agency compliance.

(a) Required approved accommodations percentage. Each agency shall

institute procedures to ensure that its approved accommodations

percentage is not less than:

(1) 65 percent for Fiscal Year 1995;

(2) 75 percent for Fiscal Year 1996; and

(3) 90 percent for Fiscal Year 1997, and each fiscal year

thereafter.

(b) Reporting requirement. The General Accounting Office (GAO) is

required to conduct an audit of agencies' compliance with the required

approved accommodations percentage within 6 months following the end of

each fiscal year designated in paragraph (a) of this section and to

annually report the audit results to the Congress. Agencies shall

maintain records of compliance and make the information available upon

request to GAO for audit.

Subpart B--[Reserved]

Dated: August 25, 1994.

Roger W. Johnson,

Administrator of General Services.

[FR Doc. 94-22130 Filed 9-6-94; 8:45 am]

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