Federal Travel Regulation; Per Diem, Miscellaneous Amendments, 64430-64431 [2012-25945]
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64430
Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Rules and Regulations
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 7, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(411)(i)(B)(2) and
(3) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(411) * * *
(i) * * *
(B) * * *
(2) Rule 4402, ‘‘Crude Oil Production
Sumps,’’ amended on December 15,
2011.
(3) Rule 4625, ‘‘Wastewater
Separators,’’ amended on December 15,
2011.
*
*
*
*
*
[FR Doc. 2012–25810 Filed 10–19–12; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 300–3, 301–2, 301–10,
301–11, 301–52, 301–70 and 301–71
[FTR Amendment 2012–01; FTR Case 2011–
301; Docket 2011–0018, Sequence 1]
wreier-aviles on DSK5TPTVN1PROD with
RIN 3090–AJ11
Federal Travel Regulation; Per Diem,
Miscellaneous Amendments
Office of Government-wide
Policy, General Services Administration
(GSA).
AGENCY:
VerDate Mar<15>2010
14:16 Oct 19, 2012
Jkt 229001
ACTION:
Final rule.
GSA has adopted as final, an
interim rule amending the Federal
Travel Regulation (FTR) by changing,
updating, and clarifying various
provisions 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 PresidentiallyDeclared Disasters; and updating other
miscellaneous provisions.
DATES: Effective Date: October 22, 2012.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat (MVCB), 1275
First Street 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 Government-wide
Policy, at (202) 219–2349. Please cite
FTR Amendment 2011–03; FTR Case
2011–301.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Background
GSA reviewed the FTR for accuracy
and currency and is consequently
publishing this amendment to update
certain sections in Chapters 300 and 301
that pertain 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 PresidentiallyDeclared Disaster.
Accordingly, this final 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 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
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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 301–70.201.
10. Section 301–11.300—Revising
‘‘natural disasters’’ to read ‘‘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 301–70.201.
12. Section 301–11.302—Referencing
the new blanket actual expense
authorization pursuant to 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 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 301–70.201.
B. Summary of Comments Received
GSA received no comments on the
interim rule published in the Federal
Register on September 7, 2011 (76 FR
55273).
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
E:\FR\FM\22OCR1.SGM
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Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Rules and Regulations
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.
D. Regulatory Flexibility Act
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 the
Office of Management and Budget
(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 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
Government employees, Travel and
per diem expenses, Administrative
practices and procedures.
Dated: July 5, 2012.
Dan Tangherlini,
Acting Administrator of General Services.
wreier-aviles on DSK5TPTVN1PROD with
Interim Rule Adopted as Final Without
Changes
Accordingly, the interim rule
amending 41 CFR Parts 300–3, 301–2,
301–10, 301–11, 301–52, 301–70, and
301–71, which was published in the
Federal Register at 76 FR 55273 on
September 7, 2011, is adopted as a final
rule with no changes.
BILLING CODE 6820–14–P
VerDate Mar<15>2010
14:16 Oct 19, 2012
Jkt 229001
Surface Transportation Board
49 CFR Part 1022
[Docket No. EP 716]
Civil Monetary Penalty Inflation
Adjustment Rule
Surface Transportation Board.
Final rule.
AGENCY:
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.,
because the revisions are not considered
substantive. This final 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 final rule is being
published to provide transparency in
the promulgation of Federal policies.
[FR Doc. 2012–25945 Filed 10–19–12; 8:45 am]
DEPARTMENT OF TRANSPORTATION
ACTION:
The Surface Transportation
Board (Board) is issuing a final rule to
adjust the Board’s civil monetary
penalties for inflation on a periodic
basis pursuant to the Federal Civil
Penalties Inflation Act of 1990, as
amended by the Debt Collection
Improvement Act of 1996. Prior to the
issuance of this rule, the Board’s
penalties have not been adjusted for
inflation since they were prescribed in
the Interstate Commerce Commission
Termination Act of 1995 (ICCTA). As
mandated by the Debt Collection
Improvement Act, the Board’s initial
increase of its penalties cannot exceed
10%. The Board is required to review its
penalties again at least once every four
years thereafter and adjust them as
necessary for inflation according to a
specified formula.
DATES: This rule is effective on October
22, 2012.
ADDRESSES: Information or questions
regarding this final rule should
reference Docket No. EP 716 and be in
writing addressed to: Office of
Proceedings, Surface Transportation
Board, 395 E. Street SW., Washington,
DC 20423–0001.
FOR FURTHER INFORMATION CONTACT:
Marc Lerner, (202) 245–0390. Federal
Information Relay Service (FIRS) for the
hearing impaired: 1–800–877–8339.
SUPPLEMENTARY INFORMATION:
Background. The Debt Collection
Improvement Act of 1996 (DCIA), Public
Law 104–134, 110 Stat. 1321, amended
the Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law
101–410, 104 Stat. 890 (codified as
amended at 28 U.S.C. 2461 note), to
require each federal agency to adopt
regulations at least once every four years
that adjust for inflation the maximum
amount of civil monetary penalties
under the statutes administered by the
agency.1 As defined, a civil monetary
SUMMARY:
1 Agency means an Executive agency as defined
under 5 U.S.C. 105. ‘‘Executive agency’’ includes an
‘‘independent establishment,’’ which is defined at
5 U.S.C. 104 in relevant part as ‘‘an establishment
in the executive branch’’ that is not an ‘‘Executive
department.’’ For purposes of the requirements of
the DCIA, we determine that the Board is a covered
agency.
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64431
penalty is a statutorily prescribed
specific amount, or maximum amount,
provided by federal law that can be
assessed by a federal agency and that
can be enforced by the agency pursuant
to an administrative proceeding or a
civil action in a federal court. Congress
passed this legislation on the basis of its
findings that: (1) The power to impose
civil monetary penalties is important to
deterring violations of federal law and
furthering the policy goals of federal
laws and regulations; and (2) inflation
has diminished the impact of these
penalties.
Under the DCIA, the inflation
adjustment is calculated by increasing
the maximum civil monetary penalty
amount per violation by the Cost-ofLiving Adjustment, which is the
percentage (if any) by which the
Consumer Price Index for June of the
year preceding the adjustment exceeds
the Consumer Price Index for June of the
year the civil monetary penalty amount
was last set or adjusted, multiplied by
the statutory maximum amount,
rounded to the nearest specified amount
using the formula contained in the
statute. The DCIA requires agencies to
round off the increase of each civil
monetary penalty depending on its
dollar amount: if the penalty is greater
than $0 and less than or equal to $100,
the increase is to be rounded to the
nearest $10; if the penalty is greater than
$100, but less than or equal to $1,000,
the increase is rounded to the nearest
$100; if the penalty is greater than
$1,000 but less than or equal to $10,000,
the increase is to be rounded to the
nearest multiple of $1,000; if the penalty
is greater than $10,000 but less than or
equal to $100,000, the increase is to be
rounded to the nearest multiple of
$5,000; if the penalty is greater than
$100,000 but less than or equal to
$200,000, the increase is to be rounded
to the nearest multiple of $10,000; and
lastly, if the penalty is greater than
$200,000, the increase is to be rounded
to the nearest $25,000.
Discussion. The statutory definition of
civil monetary penalty covers the civil
penalty provisions under the Rail
Carrier (Part A), Motor and Water
Carriers (Part B), and Pipeline Carrier
(Part C) provisions of the Interstate
Commerce Act (ICA), as amended by
ICCTA. The Board’s civil (and criminal)
penalty authority related to rail
transportation appears at 49 U.S.C.
11901–11908. The Board’s penalty
authority related to motor carriers, water
carriers, brokers, and freight forwarders
appears at 49 U.S.C. 14901–14915. The
Board’s penalty authority related to
E:\FR\FM\22OCR1.SGM
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Agencies
[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Rules and Regulations]
[Pages 64430-64431]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25945]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-3, 301-2, 301-10, 301-11, 301-52, 301-70 and 301-
71
[FTR Amendment 2012-01; FTR Case 2011-301; Docket 2011-0018, Sequence
1]
RIN 3090-AJ11
Federal Travel Regulation; Per Diem, Miscellaneous Amendments
AGENCY: Office of Government-wide Policy, General Services
Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: GSA has adopted as final, an interim rule amending the Federal
Travel Regulation (FTR) by changing, updating, and clarifying various
provisions 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: October 22, 2012.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (MVCB),
1275 First Street 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 Government-wide Policy, at (202) 219-2349. Please cite FTR
Amendment 2011-03; FTR Case 2011-301.
SUPPLEMENTARY INFORMATION:
A. Background
GSA reviewed the FTR for accuracy and currency and is consequently
publishing this amendment to update certain sections in Chapters 300
and 301 that pertain 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 final 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 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 301-70.201.
10. Section 301-11.300--Revising ``natural disasters'' to read
``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 301-70.201.
12. Section 301-11.302--Referencing the new blanket actual expense
authorization pursuant to 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 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 301-70.201.
B. Summary of Comments Received
GSA received no comments on the interim rule published in the
Federal Register on September 7, 2011 (76 FR 55273).
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
[[Page 64431]]
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.
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., because the
revisions are not considered substantive. This final 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 final rule is
being published to provide transparency in the promulgation of Federal
policies.
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 the
Office of Management and Budget (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 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
Government employees, Travel and per diem expenses, Administrative
practices and procedures.
Dated: July 5, 2012.
Dan Tangherlini,
Acting Administrator of General Services.
Interim Rule Adopted as Final Without Changes
Accordingly, the interim rule amending 41 CFR Parts 300-3, 301-2,
301-10, 301-11, 301-52, 301-70, and 301-71, which was published in the
Federal Register at 76 FR 55273 on September 7, 2011, is adopted as a
final rule with no changes.
[FR Doc. 2012-25945 Filed 10-19-12; 8:45 am]
BILLING CODE 6820-14-P