[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Rules and Regulations]
[Pages 55273-55275]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2011-22676]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 300-3, 301-2, 301-10, 301-11, 301-52, 301-70, and 301-
71

[FTR Amendment 2011-03; FTR Case 2011-301; Docket 2011-0018, Sequence 
1]
RIN 3090-AJ11


Federal Travel Regulation; Per Diem, Miscellaneous Amendments

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Interim rule with request for comments.

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SUMMARY: GSA is amending the Federal Travel Regulation (FTR) by 
changing, updating, and clarifying various provisions of Chapters 300 
and 301 regarding temporary duty (TDY) travel. These changes include 
adjusting the definition of incidental expenses; clarifying necessary 
deduction amounts from the meals and incidental expense (M&IE) 
reimbursement on travel days; extending agencies the authority to issue 
blanket actual expense approval for TDY travel during Presidentially-
Declared Disasters; and updating other miscellaneous provisions.

DATES: Effective Date: September 7, 2011.
    Comment Due Date: Interested parties should submit written comments 
to the Regulatory Secretariat by November 7, 2011 to be considered in 
the formulation of a final rule.

ADDRESSES: Submit comments identified by FTR case 2011-301 by any of 
the following methods:
     Federal eRulemaking Portals: http://www.regulations.gov/. 
Submit comments via the Federal eRulemaking portal by inputting ``FTR 
Case 2011-301'' under the heading ``Enter Keyword or ID'' and selecting 
``Search.'' Select the link ``Submit a Comment'' that corresponds with 
``FTR Case 2011-301.'' Follow the instructions provided at the ``Submit 
a Comment'' screen. Please include your name, company name (if any), 
and ``FTR Case 2011-301'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), Attn: Hada Flowers, 1275 First Street, NE., 7th 
Floor, Washington, DC 20417.
    Instructions: Please submit comments only and cite FTR case 2011-
301 in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov/, including 
any personal information provided.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (MVCB), 
1275 First St., NE., Washington, DC 20417, (202) 501-4755, for 
information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Cy Greenidge, Program Analyst, 
Office of Governmentwide Policy, at (202) 219-2349. Please cite FTR 
Amendment 2011-03; FTR case 2011-301.

[[Page 55274]]


SUPPLEMENTARY INFORMATION:

A. Background

    GSA reviewed the FTR for accuracy and currency and is consequently 
publishing this amendment to update certain sections of the regulation 
pertaining to definitions, Web addresses, meal deductions, 
miscellaneous expenses, and other travel-related clarifications and 
updates. This amendment also adds a section that permits agencies to 
issue blanket actual expense authorizations for any employee who 
performs TDY travel in an area subject to a Presidentially-Declared 
Disaster.
    Accordingly, this interim rule amends the FTR by:
    1. Section 300-3.1--Revising the term ``Incidental expenses'' under 
the definition for ``Per diem allowance.'' These changes permit 
reimbursement of fees and tips, exclude mailing costs associated with 
filing travel vouchers and charge card bill payments, and remove the 
current transportation reimbursement as this expense is reimbursable 
via separate provisions in FTR part 301-10.
    2. Section 301-2.5--Referencing the new blanket actual expense 
authorization pursuant to Sec.  301-70.201.
    3. Section 301-10.421--Updating the heading to include valet 
parking attendants.
    4. Section 301-11.6--Updating regulatory references and Web address 
information in the table pertaining to maximum per diem rates and 
actual expense rates.
    5. Section 301-11.7--Changing the term ``lodging location'' to 
``lodging facility'' in determining maximum per diem reimbursement 
rates.
    6. Section 301-11.18--Indicating that for Government-provided meals 
on travel days, the entire allocated meal amount must be deducted from 
the decreased 75 percent rate.
    7. Section 301-11.26--Revising to focus on how to request a review 
of a location's per diem rate.
    8. Section 301-11.29--Updating the Web address for state tax 
exemption information.
    9. Section 301-11.30--Referencing the new blanket actual expense 
authorization pursuant to Sec.  301-70.201.
    10. Section 301-11.300--Revising ``natural disasters'' to ``natural 
or manmade disasters'' and adding Presidentially-Declared Disasters to 
the list of special events warranting actual expense reimbursement.
    11. Section 301-11.301--Referencing the new blanket actual expense 
authorization pursuant to Sec.  301-70.201.
    12. Section 301-11.302--Referencing the new blanket actual expense 
authorization pursuant to Sec.  301-70.201.
    13. Section 301-52.4--Removing the reference to a ``fixed reduced 
per diem allowance.''
    14. Section 301-70.200--Referencing the new blanket actual expense 
authorization pursuant to Sec.  301-70.201.
    15. Section 301-70.201--Adding a new section which gives agencies 
the authority to issue a blanket authorization for actual expense 
reimbursement in the event of a Presidentially-Declared Disaster.
    16. Section 301-71.105--Referencing the new blanket actual expense 
authorization pursuant to Sec.  301-70.201.

B. Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This is not a significant regulatory action and, 
therefore, was not subject to review under Section 6(b) of Executive 
Order 12866, Regulatory Planning and Review, dated September 30, 1993. 
This rule is not a major rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

    This interim rule will not have a significant economic impact on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the 
revisions are not considered substantive. This interim rule is also 
exempt from the Regulatory Flexibility Act per 5 U.S.C. 553(a)(2) 
because it applies to agency management. However, this interim rule is 
being published to provide transparency in the promulgation of Federal 
policies.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FTR do not impose recordkeeping or information collection 
requirements, or the collection of information from offerors, 
contractors, or members of the public that require the approval of the 
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.

E. Small Business Regulatory Enforcement Fairness Act

    This interim 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 Parts 300-3, 301-2, 301-10, 301-11, 301-
52, 301-70, and 301-71

    Administrative practices and procedures, Government employees, 
Travel and per diem expenses.

    Dated: March 14, 2011.
Martha Johnson,
Administrator of General Services.

    For the reasons set forth in the preamble, pursuant to 5 U.S.C. 
5701-5709, GSA amends 41 CFR parts 300-3, 301-2, 301-10, 301-11, 301-
52, 301-70, and 301-71 as set forth below:

PART 300-3--GLOSSARY OF TERMS

0
1. The authority citation for 41 CFR part 300-3 continues to read as 
follows:

    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118; 5 
U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; 
E.O. 11609, as amended; 3 CFR, 1971-1975 Comp., p. 586, Office of 
Management and Budget Circular No. A-126, revised May 22, 1992.


0
2. Amend Sec.  300-3.1 under ``Per diem allowance'', by revising 
paragraph (c) to read as follows:


Sec.  300-3.1  What do the following terms mean?

* * * * *
    Per diem allowance-- * * *
* * * * *
    (c) Incidental expenses. Fees and tips given to porters, baggage 
carriers, hotel staff, and staff on ships.
* * * * *

PART 301-2--GENERAL RULES

0
3. The authority citation for 41 CFR part 301-2 continues to read as 
follows:

    Authority: 5 U.S.C. 5707; 31 U.S.C. 1353; 49 U.S.C. 40118.


Sec.  301-2.5  [Amended]

0
4. Amend Sec.  301-2.5 paragraph (j) by removing ``expense;'' and 
adding ``expense, unless your agency has issued a blanket actual 
expense authorization under Sec.  301-70.201;'' in its place.

PART 301-10--TRANSPORTATION EXPENSES

0
5. The authority citation for 41 CFR part 301-10 continues to read as 
follows:

    Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c); 49 U.S.C. 40118, OMB 
Circular No. A-126, revised May 22, 1992.

0
6. Amend Sec.  301-10.421 by revising the heading to read as follows:

[[Page 55275]]

Sec.  301-10.421  How much will my agency reimburse me for a tip to a 
taxi, shuttle service, courtesy transportation driver, or valet parking 
attendant?

* * * * *

PART 301-11--PER DIEM EXPENSES

0
7. The authority citation for 41 CFR part 301-11 continues to read as 
follows:

    Authority: 5 U.S.C. 5707.


Sec.  301-11.6  [Amended]

0
8. In Sec.  301-11.6:
0
a. Amend the table in paragraph (a), third column, by removing ``41 CFR 
301-11.303 and 301-11.305'' and adding ``41 CFR 301-11.300--301-
11.306'' in its place.
0
b. Amend the table in paragraph (b), third column, by removing 
``https://secureapp2.hqda.pentagon.mil/perdiem/perdiemrates.html'' and 
adding ``http://www.defensetravel.dod.mil/site/perdiemCalc.cfm'' in its 
place.


Sec.  301-11.7  [Amended]

0
9-10. Amend Sec.  301-11.7, second sentence, by removing ``location'' 
and adding ``facility'' in its place.


Sec.  301-11.18  [Amended]

0
11. Amend Sec.  301-11.18 paragraph (a) by adding ``For meals provided 
on the day of departure and the last day of travel, you must deduct the 
entire allocated meal cost from the decreased M&IE rate (see Sec.  301-
11.101).'' after ``OCONUS and foreign travel.''

0
12. Amend Sec.  301-11.26--
0
a. By revising the section heading;
0
b. By removing ``agency'' and adding ``agency's Travel Manager'' in its 
place whenever it appears (two times);
0
c. In the first sentence, by removing ``surveyed'' and adding 
``reviewed'' in its place; and
0
d. In the second sentence, by removing ``survey'' and adding ``review'' 
in its place.
    The revised text reads as follows:


Sec.  301-11.26  How do I request a review of the per diem in a 
location?

* * * * *

0
13. Amend Sec.  301-11.29 by revising the second sentence to read as 
follows:


Sec.  301-11.29  Are lodging facilities required to accept a generic 
federal, state or local tax exempt certificate?

    * * * The GSA SmartPay[reg] Program Support office provides more 
information regarding state tax exemptions on its Web site (https://smartpay.gsa.gov/about-gsa-smartpay/tax-information/state-response-letter) and by e-mail (gsa_smartpay@gsa.gov).


Sec.  301-11.30  [Amended]

0
14. Amend Sec.  301-11.30 by--
0
a. Designating the first and second paragraphs as paragraph (a) and 
paragraph (b) respectively; and
0
b. Adding at the end of newly-designated paragraph (b) ``Also, see 
Sec.  301-70.201 for when an agency can issue a blanket actual expense 
authorization''.

0
15. Amend Sec.  301-11.300--
0
a. In paragraph (b) by adding ``or manmade'' after ``natural'';
0
b. By redesignating paragraphs (c) and (d) as paragraphs (d) and (e), 
respectively; and
0
c. By adding a new paragraph (c) to read as follows:


Sec.  301-11.300  When is actual reimbursement warranted?

* * * * *
    (c) The TDY location is subject to a Presidentially-Declared 
Disaster and your agency has issued a blanket actual expense 
authorization for the location (see Sec.  301-70.201);
* * * * *


Sec.  301-11.301  [Amended]

0
16. Amend Sec.  301-11.301 by adding ``(see Sec.  301-70.201 for when 
an agency can issue a blanket actual expense authorization)'' after 
``your agency''.


Sec.  301-11.302  [Amended]

0
17. Amend Sec.  301-11.302 by adding ``Also, your agency can issue a 
blanket actual expense authorization under Sec.  301-70.201.'' after 
the last sentence.

PART 301-52--CLAIMING REIMBURSEMENT

0
18. The authority citation for 41 CFR part 301-52 continues to read as 
follows:

    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2., Pub. L. 
105-264, 112 Stat. 2350 (5 U.S.C. 5701 note).


0
19. Amend Sec.  301-52.4 by revising paragraph (b)(1) to read as 
follows:


Sec.  301-52.4  What must I provide with my travel claim?

* * * * *
    (b) * * *
    (1) Any lodging expense;
* * * * *

PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS

0
20. The authority citation for 41 CFR part 301-70 continues to read as 
follows:

    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701, note), OMB Circular No. A-126, 
revised May 22, 1992, and OMB Circular No. A-123, Appendix B, 
revised January 15, 2009.


Sec.  301-70.200  [Amended]

0
21. Amend Sec.  301-70.200 paragraph (f) by removing ``actual expenses 
are appropriate in each individual case'' and adding ``to issue a 
blanket authorization for actual expenses under Sec.  301-70.201 or 
when actual expenses are appropriate in individual cases'' in its 
place.

0
22. Add Sec.  301-70.201 to part 301-70, subpart C, to read as follows:


Sec.  301-70.201  May we issue a blanket actual expense authorization 
for our employees during a Presidentially-Declared Disaster?

    Yes. A blanket authorization regarding actual expense reimbursement 
may be issued to your employees assigned to perform TDY travel in an 
area subject to a Presidentially-Declared Disaster. These 
authorizations must apply to a specific Declaration, and must end on 
the expiration date of the Declaration, or one year from the date the 
Declaration is issued, whichever is sooner. A blanket authorization 
issued under this section shall not apply to any travel performed 
pursuant to Chapter 302 of this title.

PART 301-71--AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS

0
23. The authority citation for 41 CFR part 301-71 continues to read as 
follows:

    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701 note).


Sec.  301-71.105  [Amended]

0
24. Amend Sec.  301-71.105 paragraph (j) by adding ``(see Sec.  301-
70.201 for when you may issue a blanket actual expense authorization)'' 
after ``expenses''.

[FR Doc. 2011-22676 Filed 9-6-11; 8:45 am]
BILLING CODE 6820-14-P