Federal Travel Regulation (FTR); FTR Case 2009-303, Furnished Meals at Conferences and Other Events, 16327-16329 [E9-8176]

Download as PDF Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Rules and Regulations regulatory action under Executive Order 12866. Thus, it was not subject to OMB review. Regulatory Flexibility Act We certify that this final rule will not have a significant economic impact on a substantial number of small entities because they affect only individuals. Thus, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required. Paperwork Reduction Act These proposed rules do not pose any public reporting requirements and are, therefore, not subject to the requirements of the Paperwork Reduction Act. (Catalog of Federal Domestic Program Nos. 96.001, Social Security—Disability Insurance; 96.002, Social Security— Retirement Insurance; 96.004, Social Security—Survivors Insurance; 96.005, Special Benefits for Disabled Coal Miners; 96.006, Supplemental Security Income; and 96.020, Special Benefits for Certain World War II Veterans) List of Subjects 20 CFR Part 403 Courts, Government employees. General, send your application to the address in § 403.125.) * * * * * PART 429—ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND RELATED STATUTES 3. The authority citation for part 429 continues to read as follows: ■ Authority: Secs. 702(a)(5) of the Social Security Act (42 U.S.C. 902(a)(5)); 28 U.S.C. 2672; 28 CFR 14.11; 31 U.S.C. 3721. 41 CFR Parts 300–3, 301–2, 301–11, and 301–70 § 429.102 subpart? [FTR Amendment 2009–03; FTR Case 2009– 303; Docket Number 2009–0001, Sequence 3] How do I file a claim under this * * * * * (c) Where to obtain claims forms and file claims. You can obtain claims forms by writing to the Social Security Administration, Office of the General Counsel, Office of General Law, P.O. Box 17788, Baltimore, Maryland 21235– 7788. You may also file your claim with the Social Security Administration at this same address. Administrative practice and procedure, Claims, Government employees, and penalties. § 429.202 subpart? 5. In § 429.202, revise paragraph (b) to read as follows: How do I file a claim under this * * * * * (b) Where to file. You must file your claim with the Social Security Administration, Office of the General Counsel, Office of General Law, P.O. Box 17788, Baltimore, Maryland 21235– 7788. * * * * * PART 403—TESTIMONY BY EMPLOYEES AND THE PRODUCTION OF RECORDS AND INFORMATION IN LEGAL PROCEEDINGS [FR Doc. E9–8213 Filed 4–9–09; 8:45 am] ■ 1. The authority citation for part 403 continues to read as follows: ENVIRONMENTAL PROTECTION AGENCY Authority: Secs. 702(a)(5) and 1106 of the Act, (42 U.S.C. 902(a)(5) and 1306); 5 U.S.C. 301; 31 U.S.C. 9701. 40 CFR Part 707 2. In § 403.120, revise paragraph (c) to read as follows: ■ § 403.120 How do you request testimony? * * * * * (c) You must send your application for testimony to: Social Security Administration, Office of the General Counsel, Office of General Law, P.O. Box 17788, Baltimore, Maryland, 21235–7788, Attn: Touhy Officer. (If you are requesting testimony of an employee of the Office of the Inspector VerDate Nov<24>2008 12:07 Apr 09, 2009 Jkt 217001 BILLING CODE 1505–01–D 4. In § 429.102, revise paragraph (c) to read as follows: ■ ■ For the reasons set out in the preamble, parts 403 and 429 of chapter III of title 20 of the Code of Federal Regulations are amended as follows: [FR Doc. E9–8354 Filed 4–9–09; 8:45 am] GENERAL SERVICES ADMINISTRATION 20 CFR Part 429 ■ (2) No notice of export is required for the export of a chemical substance or mixture that is a known or potential human carcinogen where such chemical substance or mixture is present in a concentration of less than 0.1% (by weight or volume). * * * * * * * * Subpart A—[Amended] Subpart B—[Amended] Dated: April 2, 2009. Michael J. Astrue, Commissioner of Social Security. 16327 BILLING CODE 4191–02–P Export Notification; Change to Reporting Requirements CFR Correction In Title 40 of the Code of Federal Regulations, Parts 700 to 789, revised as of July 1, 2008, on page 29, in § 707.60, the first sentence of the introductory text of paragraph (c)(2) is corrected to read as follows: § 707.60 * PO 00000 Applicability and compliance. * * (c) * * * Frm 00007 * Fmt 4700 * Sfmt 4700 RIN 3090–AI88 Federal Travel Regulation (FTR); FTR Case 2009–303, Furnished Meals at Conferences and Other Events AGENCY: Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Final rule. SUMMARY: The General Services Administration (GSA) is amending the Federal Travel Regulation (FTR) to clarify that travelers must deduct the appropriate amounts from their meals and incidental expense (M&IE) allowance when meals are part of a registration fee or otherwise paid for by the Government, in conjunction with attendance at conferences or other events while on official travel. In addition, GSA is amending the FTR to clarify that in limited instances, agencies may allow employees to claim the full M&IE allwance when employees are unable to consume meals furnished by the Government. DATES: Effective Date: This final rule is effective April 10, 2009. Applicability Date: This final rule is applicable for official travel performed on and after April 10, 2009. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VIR), Room 4035, GS Building, Washington, DC 20405, (202) 208–7312, for information pertaining to status or publication schedules. For clarification of content, contact Mr. Craig Flynn, Office of Governmentwide Policy, at (202) 501– 0306. Please cite FTR Amendment 2009–03; FTR case 2009–303. SUPPLEMENTARY INFORMATION: A. Background On March 14, 2008, the Government Accountability Office (GAO) issued a E:\FR\FM\10APR1.SGM 10APR1 16328 Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Rules and Regulations report entitled, ‘‘Governmentwide Purchase Cards: Actions Needed to Strengthen Internal Controls to Reduce Fraudulent, Improper, and Abusive Purchases.’’ The report recommended that GSA instruct agencies to remind Government travelers that they must reduce the M&IE claimed on their travel vouchers by the specified amount that GSA allocates when travelers receive Government-paid-for meals at conferences or other events, including continental breakfasts. While GSA emphasizes prudent management of travel funds, it also recognizes that there are times when a traveler cannot consume a Governmentfurnished meal due to reasons that either transcend personal choice (such as medical requirements or religious beliefs) and the traveler is unable to make alternative meal arrangements with the conference or event coordinators or due to the conduct of official business. The requirement to deduct the appropriate amount from the travel voucher may not reasonably apply to travelers in such circumstances. Accordingly, this final rule amends the FTR by: 1. Section 300–3.1—Adding a definition for ‘‘Furnished meal.’’ 2. Section 301–2.5—Adding paragraph (p) requiring specific authorization for an employee to claim the full applicable M&IE allowance due to medical requirements or religious beliefs, despite the fact that meals are furnished to the employee through registration fees or otherwise paid for by the Government. 3. Section 301–11.18—Incorporating the terms ‘‘continental breakfast’’ and ‘‘furnished meal’’ where appropriate, and clarifying under what circumstances agencies may permit employees to claim the full M&IE allowance even though meals are furnished by the Government. 4. Section 301–70.200—Adding paragraph (h) requiring agencies to designate who will determine, and in what instances, an employee may be able to claim the full M&IE allowance even though meals are furnished to the employee by the Government. B. Executive Order 12866 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 final rule is not a major rule under 5 U.S.C. 804. 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 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 under 44 U.S.C. 3501, 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 in 41 CFR Parts 300–3, 301–2, 301–11, and 301–70 Glossary of terms, Government employees, Travel and transportation expenses. Dated: February 23, 2009. Paul F. Prouty, Acting Administrator of General Services. 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; 3 CFR, 1971–1975 Comp., p. 586, Office of Management and Budget Circular No. A–126, ‘‘Improving the Management and Use of Government Aircraft.’’ Revised April 28, 2006. 2. Amend § 300–3.1 by alphabetically adding the definition of ‘‘Furnished meal’’ to read: ■ What do the following terms * * * * * Furnished meal—A meal provided to an employee, either directly from the VerDate Nov<24>2008 12:07 Apr 09, 2009 Jkt 217001 PO 00000 Frm 00008 Fmt 4700 $44 7 11 Sfmt 4700 4. Amend § 301–2.5 by removing ‘‘and’’ at the end of paragraph (n); removing the period at the end of paragraph (o) and replacing it with ‘‘; and’’; and adding paragraph (p) to read as follows: ■ § 301–2.5 What travel arrangements require specific authorization or prior approval? * * * * * (p) Due to an employee’s medical requirements or religious beliefs, payment of the full M&IE allowance even though meals are furnished by the Government either directly or through a registration fee or other payment for a conference or other event, in accordance with § 301–11.18(b). Authority: 5 U.S.C. 5707. 1. The authority citation for 41 CFR part 300–3 is amended to read as follows: Continental Breakfast/Breakfast .............................................................. Lunch ....................................................................................................... Authority: 5 U.S.C. 5707; 31 U.S.C. 1353; 49 U.S.C. 40118. 5. The authority citation for 41 CFR part 301–11 continues to read as follows: ■ $39 3. The authority citation for 41 CFR part 301–2 continues to read as follows: ■ ■ PART 300–3—GLOSSARY OF TERMS Total M&IE PART 301–2—GENERAL RULES PART 301–11—PER DIEM EXPENSES 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, 301–11, and 301–70 as follows: ■ § 300–3.1 mean? Government or as a result of the Government paying a registration fee or other cost which allows the employee to attend a conference or other event. If the Government has already paid for a meal, the employee must deduct the allocated amount when filing their travel voucher. * * * * * 6. Revise § 301–11.18 to read as follows: ■ § 301–11.18 What M&IE rate will I receive if a meal(s) is furnished by the Government or is included in the registration fee? (a) Except as provided in § 301–11.17 or in paragraph (b) of this section, your M&IE allowance must be adjusted for meals furnished to you by the Government (including meals furnished under the authority of Chapter 304 of this Title) by deducting the appropriate amount shown in the chart in this section for travel within CONUS and the chart in Appendix B of this chapter for meal deductions for OCONUS and foreign travel. The total amount of deductions made will not cause you to receive less than the amount allowed for incidental expenses. $49 8 12 E:\FR\FM\10APR1.SGM $54 9 13 10APR1 $59 10 15 $64 1 16 12 18 16329 Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Rules and Regulations Total M&IE $39 Dinner ....................................................................................................... Incidentals ................................................................................................ (b) Your agency, at its discretion, may allow you to claim the full M&IE allowance if: (1) You are unable to consume the furnished meal(s) because of medical requirements or religious beliefs; (2) In accordance with administrative procedures prescribed by your agency, you requested specific approval to claim the full M&IE allowance prior to your travel; (3) In accordance with administrative procedures prescribed by your agency, you have made a reasonable effort to make alternative meal arrangements, but were unable to do so; and (4) You purchase substitute meals in order to satisfy your medical requirements or religious beliefs. (c) In your agency’s discretion, and in accordance with administrative procedures prescribed by your agency, you may also claim the full M&IE allowance if you were unable to take part in a Government-furnished meal due to the conduct of official business. PART 301–70—INTERNAL POLICY AND PROCEDURE REQUIREMENTS 7. The authority citation for 41 CFR part 301–70 is amended 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), Office of Management and Budget Circular No. A–126, ‘‘Improving the Management and Use of Government Aircraft,’’ revised April 28, 2006, and OMB Circular No. A–123, Appendix B, ‘‘Improving the Management of Government Charge Card Programs,’’ revised April 2006. § 301–70.200 [Amended] 8. Amend § 301–70.200 by removing ‘‘and’’ at the end of paragraph (f); removing the period at the end of paragraph (g) and replacing it with ‘‘; and’’; and adding paragraph (h) to read as follows: ■ § 301–70.200 What governing policies must we establish for authorization and payment of per diem expenses? * * * * * (h) Who will determine, and in what instances, an employee will be able to claim the full M&IE allowance even though meals are furnished to the employee by the Government, in accordance with § 301–11.18(b) and § 301–11.18(c). [FR Doc. E9–8176 Filed 4–9–09; 8:45 am] BILLING CODE 6820–14–P VerDate Nov<24>2008 12:07 Apr 09, 2009 Jkt 217001 $44 18 3 $49 21 3 $54 24 3 $59 26 3 $64 29 3 31 3 GENERAL SERVICES ADMINISTRATION final rule is not a major rule under 5 U.S.C. 804. 41 CFR Part 301–11 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. [FTR Amendment 2009–04; FTR Case 2009– 304; Docket Number 2009–0001, Sequence 4] RIN 3090–AI89 Federal Travel Regulation (FTR); M&IE Allowance AGENCY: Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Final rule. SUMMARY: The General Services Administration (GSA) is amending the Federal Travel Regulation in regards to the meals and incidental expenses (M&IE) allowance that an employee is entitled to when travel is for more than 12 hours but less than 24 hours. DATES: Effective date: This final rule is effective May 11, 2009. Applicability date: This final rule is applicable to travel performed on and after May 11, 2009. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VPR), Room 4041, GS Building, Washington, DC, 20405, (202) 501–4755, for information pertaining to status or publication schedules. For clarification of content, contact Ms. Cheryl D. McClain, Office of Governmentwide Policy, at (202) 208– 4334 or e-mail at cheryl.mcclain@gsa.gov. Please cite FTR Amendment 2009–04; FTR case 2009– 303. SUPPLEMENTARY INFORMATION: A. Background The GSA’s Office of Governmentwide Policy (OGP) has discovered inconsistency among agencies regarding the calculation of the M&IE rate when an employee’s travel is for more than 12 hours but less than 24 hours, and spans two calendar days. This final rule clarifies that travelers are to be reimbursed 75 percent of the applicable M&IE rate for both calendar days of travel. B. Executive Order 12866 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 D. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the final 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 under 44 U.S.C. 3501, 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 to agency management and personnel. List of Subjects in 41 CFR Part 301–11 Government employees, Travel and transportation expenses. Dated: March 17, 2009. Paul F. Prouty, Acting Administrator of General Services. For the reasons set forth in the preamble, under 5 U.S.C. 5701–5709, GSA amends 41 CFR part 301–11 as set forth below: ■ PART 301–11—PER DIEM EXPENSES 1. The authority citation for 41 CFR part 301–11 continues to read as follows: ■ Authority: 5 U.S.C. 5707. 2. Amend § 301–11.101, paragraph (a), in the table, by revising the first entry to read as follows: ■ § 301–11.101 for M&IE? What allowance will I be paid (a) * * * When travel is— Your allowance is— * * More than 12 but less than 24 hours. * * * 75 percent of the applicable M&IE rate for each calendar day you are in a travel status. * E:\FR\FM\10APR1.SGM * 10APR1 * * *

Agencies

General Services Administration

[Federal Register Volume 74, Number 68 (Friday, April 10, 2009)]
[Rules and Regulations]
[Pages 16327-16329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8176]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

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

[FTR Amendment 2009-03; FTR Case 2009-303; Docket Number 2009-0001, 
Sequence 3]
RIN 3090-AI88


Federal Travel Regulation (FTR); FTR Case 2009-303, Furnished 
Meals at Conferences and Other Events

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration (GSA) is amending the 
Federal Travel Regulation (FTR) to clarify that travelers must deduct 
the appropriate amounts from their meals and incidental expense (M&IE) 
allowance when meals are part of a registration fee or otherwise paid 
for by the Government, in conjunction with attendance at conferences or 
other events while on official travel. In addition, GSA is amending the 
FTR to clarify that in limited instances, agencies may allow employees 
to claim the full M&IE allwance when employees are unable to consume 
meals furnished by the Government.

DATES: Effective Date: This final rule is effective April 10, 2009.
    Applicability Date: This final rule is applicable for official 
travel performed on and after April 10, 2009.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VIR), Room 
4035, GS Building, Washington, DC 20405, (202) 208-7312, for 
information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Craig Flynn, Office of 
Governmentwide Policy, at (202) 501-0306. Please cite FTR Amendment 
2009-03; FTR case 2009-303.

SUPPLEMENTARY INFORMATION: 

A. Background

    On March 14, 2008, the Government Accountability Office (GAO) 
issued a

[[Page 16328]]

report entitled, ``Governmentwide Purchase Cards: Actions Needed to 
Strengthen Internal Controls to Reduce Fraudulent, Improper, and 
Abusive Purchases.'' The report recommended that GSA instruct agencies 
to remind Government travelers that they must reduce the M&IE claimed 
on their travel vouchers by the specified amount that GSA allocates 
when travelers receive Government-paid-for meals at conferences or 
other events, including continental breakfasts.
    While GSA emphasizes prudent management of travel funds, it also 
recognizes that there are times when a traveler cannot consume a 
Government-furnished meal due to reasons that either transcend personal 
choice (such as medical requirements or religious beliefs) and the 
traveler is unable to make alternative meal arrangements with the 
conference or event coordinators or due to the conduct of official 
business. The requirement to deduct the appropriate amount from the 
travel voucher may not reasonably apply to travelers in such 
circumstances.
    Accordingly, this final rule amends the FTR by:
    1. Section 300-3.1--Adding a definition for ``Furnished meal.''
    2. Section 301-2.5--Adding paragraph (p) requiring specific 
authorization for an employee to claim the full applicable M&IE 
allowance due to medical requirements or religious beliefs, despite the 
fact that meals are furnished to the employee through registration fees 
or otherwise paid for by the Government.
    3. Section 301-11.18--Incorporating the terms ``continental 
breakfast'' and ``furnished meal'' where appropriate, and clarifying 
under what circumstances agencies may permit employees to claim the 
full M&IE allowance even though meals are furnished by the Government.
    4. Section 301-70.200--Adding paragraph (h) requiring agencies to 
designate who will determine, and in what instances, an employee may be 
able to claim the full M&IE allowance even though meals are furnished 
to the employee by the Government.

B. Executive Order 12866

    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 final 
rule is not a major rule under 5 U.S.C. 804.

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 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 under 44 U.S.C. 3501, 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 in 41 CFR Parts 300-3, 301-2, 301-11, and 301-70

    Glossary of terms, Government employees, Travel and transportation 
expenses.

    Dated: February 23, 2009.
Paul F. Prouty,
Acting Administrator of General Services.

0
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, 301-11, and 301-70 as 
follows:

PART 300-3--GLOSSARY OF TERMS

0
1. The authority citation for 41 CFR part 300-3 is amended 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; 3 CFR, 1971-1975 Comp., p. 586, Office of Management and 
Budget Circular No. A-126, ``Improving the Management and Use of 
Government Aircraft.'' Revised April 28, 2006.


0
2. Amend Sec.  300-3.1 by alphabetically adding the definition of 
``Furnished meal'' to read:


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

* * * * *
    Furnished meal--A meal provided to an employee, either directly 
from the Government or as a result of the Government paying a 
registration fee or other cost which allows the employee to attend a 
conference or other event. If the Government has already paid for a 
meal, the employee must deduct the allocated amount when filing their 
travel voucher.
* * * * *

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.


0
4. Amend Sec.  301-2.5 by removing ``and'' at the end of paragraph (n); 
removing the period at the end of paragraph (o) and replacing it with 
``; and''; and adding paragraph (p) to read as follows:


Sec.  301-2.5  What travel arrangements require specific authorization 
or prior approval?

* * * * *
    (p) Due to an employee's medical requirements or religious beliefs, 
payment of the full M&IE allowance even though meals are furnished by 
the Government either directly or through a registration fee or other 
payment for a conference or other event, in accordance with Sec.  301-
11.18(b).

PART 301-11--PER DIEM EXPENSES

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

    Authority:  5 U.S.C. 5707.


0
6. Revise Sec.  301-11.18 to read as follows:


Sec.  301-11.18  What M&IE rate will I receive if a meal(s) is 
furnished by the Government or is included in the registration fee?

    (a) Except as provided in Sec.  301-11.17 or in paragraph (b) of 
this section, your M&IE allowance must be adjusted for meals furnished 
to you by the Government (including meals furnished under the authority 
of Chapter 304 of this Title) by deducting the appropriate amount shown 
in the chart in this section for travel within CONUS and the chart in 
Appendix B of this chapter for meal deductions for OCONUS and foreign 
travel. The total amount of deductions made will not cause you to 
receive less than the amount allowed for incidental expenses.

----------------------------------------------------------------------------------------------------------------
                  Total M&IE                       $39        $44        $49        $54        $59        $64
----------------------------------------------------------------------------------------------------------------
Continental Breakfast/Breakfast...............          7          8          9         10          1         12
Lunch.........................................         11         12         13         15         16         18

[[Page 16329]]

 
Dinner........................................         18         21         24         26         29         31
Incidentals...................................          3          3          3          3          3          3
----------------------------------------------------------------------------------------------------------------

     (b) Your agency, at its discretion, may allow you to claim the 
full M&IE allowance if:
    (1) You are unable to consume the furnished meal(s) because of 
medical requirements or religious beliefs;
    (2) In accordance with administrative procedures prescribed by your 
agency, you requested specific approval to claim the full M&IE 
allowance prior to your travel;
    (3) In accordance with administrative procedures prescribed by your 
agency, you have made a reasonable effort to make alternative meal 
arrangements, but were unable to do so; and
    (4) You purchase substitute meals in order to satisfy your medical 
requirements or religious beliefs.
    (c) In your agency's discretion, and in accordance with 
administrative procedures prescribed by your agency, you may also claim 
the full M&IE allowance if you were unable to take part in a 
Government-furnished meal due to the conduct of official business.

PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS

0
7. The authority citation for 41 CFR part 301-70 is amended 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), Office of Management 
and Budget Circular No. A-126, ``Improving the Management and Use of 
Government Aircraft,'' revised April 28, 2006, and OMB Circular No. 
A-123, Appendix B, ``Improving the Management of Government Charge 
Card Programs,'' revised April 2006.


Sec.  301-70.200  [Amended]

0
8. Amend Sec.  301-70.200 by removing ``and'' at the end of paragraph 
(f); removing the period at the end of paragraph (g) and replacing it 
with ``; and''; and adding paragraph (h) to read as follows:


Sec.  301-70.200  What governing policies must we establish for 
authorization and payment of per diem expenses?

* * * * *
    (h) Who will determine, and in what instances, an employee will be 
able to claim the full M&IE allowance even though meals are furnished 
to the employee by the Government, in accordance with Sec.  301-
11.18(b) and Sec.  301-11.18(c).

 [FR Doc. E9-8176 Filed 4-9-09; 8:45 am]
BILLING CODE 6820-14-P

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