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

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]

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