[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65210-65212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26014]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 301-11, 301-74, Appendix E to Chapter 301, 304-3, and
304-5
[FTR Amendment 2013-01, FTR Case 2012-301; Docket 2012-0011, Sequence
1]
RIN 3090-AJ27
Federal Travel Regulation; Removal of Conference Lodging
Allowance Provisions
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: GSA is amending the Federal Travel Regulation (FTR) by
removing the conference lodging allowance reimbursement option for
employees on temporary duty (TDY) travel. This case is included in
GSA's retrospective review of existing regulations under Executive
Order 13563. Additional information is located in GSA's retrospective
review available at: www.gsa.gov/improvingregulations.
DATES: Effective: October 31, 2013.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Cy Greenidge, Program Analyst, Office of Government-wide Policy, at
202-219-2349. Please cite FTR Amendment 2013-01; FTR case 2012-301.
Contact the Regulatory Secretariat (MVCB), Attn: Ms. Hada Flowers, 1800
F Street NW., Washington, DC 20405, 202-501-4755, for information
pertaining to status or publication schedules.
SUPPLEMENTARY INFORMATION:
A. Background
GSA published a proposed rule in the Federal Register on October
23, 2012, (77 FR 64791). The proposed rule recommended the removal of
the conference lodging allowance option from the FTR. While the
proposed rule indicated the conference lodging allowance allows
travelers to exceed the lodging rate by up to 25 percent when the
conference is sponsored by a Federal agency, this allowance also can
apply to
[[Page 65211]]
travelers attending non-Government sponsored conferences. The proposed
rule also incorrectly stated that an agency official must approve
actual expense allowance requests, but there is no such mandate for the
use of the conference lodging allowance. In actuality, the Government
agency sponsoring a Government conference or the travel approving
official of a Government employee attending a non-Government sponsored
conference must authorize reimbursement of the conference lodging
allowance when lodging is not available at the established lodging per
diem rate.
The public had 60 calendar days to comment on the proposed rule.
GSA made no significant changes to the substance of this final rule.
B. Analysis of Public Comments
Comments: Two respondents expressed support for the proposed rule
by indicating that the conference lodging allowance should be removed
promptly and that agencies need to have a way to limit and keep track
of how travel dollars are spent.
Response: Although no response is required, GSA appreciates all
comments.
Comments: One respondent stated that too many Federal employees
attend conferences wasting taxpayer dollars instead of using
alternatives (e.g., teleconferencing, video conferencing, webinars).
Response: Agencies should always ensure and justify that travel is
necessary to accomplish the agency mission, as well as consider the use
of technologies (e.g., teleconferencing, video conferencing, webinars)
in lieu of travel.
Comments: Three respondents did not want the conference lodging
allowance provision removed from the FTR. They indicated that the
proposed rule did not take into account additional transportation costs
that might occur if employees lodged away from the conference site;
that removal of the conference lodging allowance would be
extraordinarily burdensome for little or no financial benefit in terms
of administrative costs; and that the removal of the conference lodging
allowance will result in increasing agency travel expenditures for
transportation.
Response: This rule amends FTR section 301-74.6 by indicating that
when lodging is not available at the applicable per diem rate,
travelers should construct a cost comparison, including all travel-
related costs of the available options. If the cost comparison shows
that obtaining lodging at the conference facility results in the lowest
total travel costs, the agency may authorize actual expense
reimbursement. Agencies must develop internal policies concerning when
to authorize this method of reimbursement. The preamble to the proposed
rule was incorrect about approval not being mandatory when using the
conference lodging allowance; however, this has been addressed in the
preamble of this final rule.
Comments: One respondent indicated that this rule would make it
difficult for the hospitality industry to meet the lodging needs of
Federal conference attendees.
Response: Removing the conference lodging allowance provision will
allow employees to spend taxpayer dollars more prudently when traveling
for the Federal Government. While industry may offer rates as it sees
fit, travelers should always look for hotels that are at or below per
diem when they are on official travel.
Comments: One respondent expressed frustration with their E-Gov
Travel System when booking hotels and the costs of contract city pair
flights.
Response: The purpose of this rule is to remove the conference
lodging allowance provisions from the FTR. Therefore, the comments
about electronic systems and contract carrier prices are beyond the
scope of this final rule.
C. Executive Order 12866 and Executive Order 13563
Executive Orders (E.O.s) 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). E.O.
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 E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993.
D. Regulatory Flexibility Act
This final 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. This final rule is
also exempt from the Administrative Procedure Act pursuant to 5 U.S.C.
553(a)(2) because it applies to agency management or personnel.
E. 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 OMB
under 44 U.S.C. 3501, et seq.
F. Small Business Regulatory Enforcement Fairness Act
This final rule is also exempt from Congressional review prescribed
under 5 U.S.C. 801. This final rule is not a major rule under 5 U.S.C.
804.
List of Subjects in 41 CFR Parts 301-11, 301-74, Appendix E to
Chapter 301, 304-3, and 304-5
Acceptance of travel and related expenses from non-Federal sources,
Administrative practices and procedures, Government employees, Travel
and Per Diem expenses.
Dated: August 29, 2013.
Dan Tangherlini,
Administrator of General Services.
For the reasons set forth in the preamble, pursuant to 5 U.S.C.
5701-5709 and 31 U.S.C. 1353, GSA amends 41 CFR parts 301-11, 301-74,
Appendix E to Chapter 301, 304-3, and 304-5 as set forth below:
PART 301-11--PER DIEM EXPENSES
0
1. The authority citation for 41 CFR part 301-11 continues to read as
follows:
Authority: 5 U.S.C. 5707.
Sec. 301-11.5 [Amended]
0
2. Amend Sec. 301-11.5 by--
0
a. Adding the word ``or'' at the end of paragraph (b);
0
b. Removing paragraph (c); and
0
c. Redesignating paragraph (d) as paragraph (c).
PART 301-74--CONFERENCE PLANNING
0
3. The authority citation for 41 CFR part 301-74 continues to read as
follows:
Authority: 5 U.S.C. 5707.
0
4. Revise Sec. 301-74.6 to read as follows:
Sec. 301-74.6 What can we do if we cannot find an appropriate
conference facility at the chosen locality per diem rate?
While it is always desirable to obtain lodging facilities within
the established lodging portion of the per diem rate for the chosen
locality, it may not always be possible. In those instances when
[[Page 65212]]
lodging is not available at the applicable per diem rate, travelers
should construct a cost comparison of all associated costs, including
round-trip ground transportation, between finding lodging at the
applicable per diem rate away from the conference locality and using
the actual expense method at the conference locality as prescribed in
Subpart D of Part 301-11 of this chapter.
Sec. Sec. 301-74.7 through 301-74.10, 301-74.12, 301.74-22, and 301-
74.23 [Removed]
0
5. Remove Sec. Sec. 301-74.7 through 301-74.10, 301-74.12, 301.74-22,
and 301-74.23.
Sec. Sec. 301-74.11, 301-74.13 through 301-74.19, and 301-74.24
through 301-74.26 [Redesignated as Sec. Sec. 301-74.7, 301-74.8
through 301-74.14, and 301-74.22 through 301-74.24]
0
6. Redesignate Sec. Sec. 301-74.11, 301-74.13 through 301-74.19, and
301-74.24 through 301-74.26 as Sec. Sec. 301-74.7, 301-74.8 through
301-74.14, and 301-74.22 through 301-74.24, respectively. A
redesignation table is set forth below for the convenience of the
reader:
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Redesignated
Old section No. section No.
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301-74.11............................................. 301-74.7
301-74.13............................................. 301-74.8
301-74.14............................................. 301-74.9
301-74.15............................................. 301-74.10
301-74.16............................................. 301-74.11
301-74.17............................................. 301-74.12
301-74.18............................................. 301-74.13
301-74.19............................................. 301-74.14
301-74.24............................................. 301-74.22
301-74.25............................................. 301-74.23
301-74.26............................................. 301-74.24
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Sec. 301-74.9 [Amended]
0
7. Amend newly redesignated Sec. 301-74.9 in the first sentence by
removing ``Sec. 301-74.15'' and adding ``Sec. 301-74.10'' in its
place.
Sec. 301-74.10 [Amended]
0
8. Amend the heading to newly redesignated Sec. 301-74.10 by removing
``Sec. 301-74.14'' and adding ``Sec. 301-74.9'' in its place.
0
9. Revise newly designated Sec. 301-74.11 to read as follows:
Sec. 301-74.11 What must be included in any advertisement or
application form relating to conference attendance?
Any advertisement or application for attendance at a conference
described in Sec. 301-74.9 must include notice of the prohibition
against using a non-FEMA approved place of public accommodation for
conferences. 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 this prohibition.
Sec. 301-74.12 [Amended]
0
10. Amend newly redesignated Sec. 301-74.12 by removing from the Note
``Sec. 301-74.17(a)'' and adding ``Sec. 301-74.12(a)'' in its place.
0
11. Revise newly designated Sec. 301-74.22 to read as follows:
Sec. 301-74.22 When should actual expense reimbursement be authorized
for conference attendees?
You may authorize actual expenses under Sec. 301-11.300 of this
chapter when the applicable lodging rate is inadequate.
Appendix E, Chapter 301 [Amended]
0
12. Amend Appendix E to Chapter 301 by--
0
a. Under the heading ``Terms'' by removing the paragraph ``Conference
lodging allowance: The rate that is up to 25 percent above the
established lodging per diem rate.'', and
0
b. Under the heading ``Notification,'' subheading ``Announcement and/or
Invitations,'' by removing the paragraph ``Notice that conference
lodging allowance applies if applicable.''
PART 304-3--EMPLOYEE RESPONSIBILITY
0
13. The authority citation for 41 CFR part 304-3 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
Sec. 304-3.11 [Amended]
0
14. Amend Sec. 304-3.11--
0
a. In the heading by removing ``(per diem, actual expense, or
conference lodging)'' and adding ``(per diem or actual expense)'' in
its place; and
0
b. In the introductory paragraph by removing ``(per diem, actual
expense, or conference lodging)'' and adding ``(per diem or actual
expense)'' in its place.
PART 304-5--AGENCY RESPONSIBILITIES
0
15. The authority citation for 41 CFR part 304-5 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
Sec. 304-5.4 [Amended]
0
16. Amend Sec. 304-5.4--
0
a. In the heading by removing ``(per diem, actual expense, or
conference lodging)'' and adding ``(per diem or actual expense)'' in
its place; and
0
b. In paragraph (a), in the introductory paragraph by removing ``(per
diem, actual expense, or conference lodging)'' and adding ``(per diem
or actual expense)'' in its place.
[FR Doc. 2013-26014 Filed 10-30-13; 8:45 am]
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