Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Rules and Regulations 21365

List of Subjects in 40 CFR Part 63

Environmental protection, Air

emissions control, Hazardous air

pollutants, Combustion turbines.

Dated: April 13, 2000.

Robert Perciasepe,

Assistant Administrator, Office of Air and

Radiation.

[FR Doc. 00–9925 Filed 4–20–00; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Parts 301–51, 301–52, 301–54,

301–70, 301–71 and 301–76

[FTR Amendment 92]

RIN 3090–AH24

Federal Travel Regulation; Mandatory

Use of the Travel Charge Card

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule.

SUMMARY: This final rule amends

Federal Travel Regulation (FTR)

Amendment 90 published in the

Federal Register on Wednesday,

January 19, 2000 (65 FR 3054)

concerning payment by the Government

of expenses connected with official

Government travel. This final rule

further implements the requirements of

Public Law 105–264.

DATES: This final rule is effective April

21, 2000, and applies to payment of

expenses in connection with official

Government travel performed on or after

May 1, 2000.

FOR FURTHER INFORMATION CONTACT: Jim

Harte, Office of Governmentwide Policy,

Travel and Transportation Management

Policy Division, at (202) 501–1538.

SUPPLEMENTARY INFORMATION:

A. Background

Pursuant to Public Law 105–264,

subsection 2(a), the Administrator of

General Services is required to issue

regulations requiring Federal employees

to use the travel charge card established

pursuant to the United States Travel and

Transportation Payment and Expense

Control System, or any Federal

contractor-issued travel charge card, for

all payments of expenses of official

Government travel. Additionally, Public

Law 105–264 requires the Administrator

of General Services to issue regulations

on reimbursement of travel expenses

and collection of delinquent amounts

upon written request of a Federal

contractor.

The General Services Administration

(GSA), after an analysis of additional

data, has:

(1) Determined that certain relocation

expenses (excluding en route travel and

househunting expenses) are not

technically ‘‘travel’’ expenses and,

therefore, are not covered under the

provisions of the statute.

(2) Established the date of May 1,

2002, for agencies to reach a sevencalendar day limit for reviewing travel

claims.

(3) Permitted an agency to either

calculate late payment fees using the

Prompt Payment Act Interest Rate or a

flat amount based on an agency average

of travel claims, but not less than the

prompt payment amount.

(4) Deleted health insurance from

consideration as disposable pay.

B. 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 does not

apply.

C. 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.

D. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this final rule does

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

(OMB) 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 in 41 CFR Parts 301–51,

301–52, 301–54, 301–70, 301–71, and

301–76

Government employees, Travel and

transportation expenses.

For the reasons set forth in the

preamble, 41 CFR Chapter 301 is

amended as follows:

PART 301–51—PAYING TRAVEL

EXPENSES

1. The authority citation for 41 CFR

part 301–51 continues to read as

follows:

Authority: 5 U.S.C. 5707. Subpart A is

issued under the authority of Sec. 2, Pub. L.

105–264, 112 Stat. 2350 (5 U.S.C. 5701 note);

40 U.S.C. 486(c).

2. Section 301–51.2 is amended by

adding paragraph (l) to read as follows:

§ 301–51.2 What official travel expenses

and/or classes of employees are exempt

from the mandatory use of the Government

contractor-issued travel charge card?

* * * * *

(l) Relocation allowances prescribed

in chapter 302 of this title, except enroute travel and househunting trip

expenses.

PART 301–52—CLAIMING

REIMBURSEMENT

3. The authority citation for 41 CFR

part 301–52 continues to read as

follows:

Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c);

Sec. 2, Pub. L. 105–264, 112 Stat. 2350 (5

U.S.C. 5701 note).

4. Sections 301–52.17 and 301–52.18

are revised to read as follows:

§ 301–52.17 Within how many calendar

days after I submit a proper travel claim

must my agency reimburse my allowable

expenses?

Your agency must reimburse you

within 30 calendar days after you

submit a proper travel claim to your

agency’s designated approving office.

Your agency must ensure that it uses a

satisfactory recordkeeping system to

track submission of travel claims. For

example, travel claims submitted by

mail, in accordance with your agency’s

policy, could be annotated with the time

and date of receipt by your agency. Your

agency could consider travel claims

electronically submitted to the

designated approving office as

submitted on the date indicated on an

e-mail log, or on the next business day

if submitted after normal working hours.

However, claims for the following

relocation allowances are exempt from

this provision:

(a) Transportation and storage of

household goods and professional

books, papers and equipment;

(b) Transportation of mobile home;

(c) Transportation of a privately

owned vehicle;

(d) Temporary quarters subsistence

expense, when not paid as lump sum;

(e) Residence transaction expenses;

(f) Relocation income tax allowance;

(g) Use of a relocation services

company;

(h) Home marketing incentive

payments; and

(i) Allowance for property

management services.

21366 Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Rules and Regulations

§ 301–52.18 Within how many calendar

days after I submit a travel claim must my

agency notify me of any error that would

prevent payment within 30 calendar days

after submission?

Your agency must notify you as soon

as practicable after you submit your

travel claim of any error that would

prevent payment within 30 calendar

days after submission and must provide

the reason(s) why your travel claim is

not proper. However, not later than May

1, 2002, agencies must achieve a

maximum time period of seven working

days for notifying you that your travel

claim is not proper.

5. Section 301–52.20 is revised to read

as follows:

§ 301–52.20 How are late payment fees

calculated?

Your agency must either:

(a) Calculate late payment fees using

the prevailing Prompt Payment Act

Interest Rate beginning on the 31st day

after submission of a proper travel claim

and ending on the date on which

payment is made; or

(b) Reimburse you a flat fee of not less

than the prompt payment amount, based

on an agencywide average of travel

claim payments; and

(c) In addition to the fee required by

paragraphs (a) and (b) of this section,

your agency must also pay you an

amount equivalent to any late payment

charge that the card contractor would

have been able to charge you had you

not paid the bill.

PART 301–54—COLLECTION OF

UNDISPUTED DELINQUENT AMOUNTS

OWED TO THE CONTRACTOR

ISSUING THE INDIVIDUALLY BILLED

TRAVEL CHARGE CARD

6. The authority citation for 41 CFR

part 301–54 continues to read as

follows:

Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c);

Sec. 2, Pub. L. 105–264, 112 Stat. 2350 (5

U.S.C. 5701 note).

7. Section 301–54.2 is revised to read

as follows:

§ 301–54.2 What is disposable pay?

Disposable pay is your compensation

remaining after the deduction from your

earnings of any amounts required by

law to be withheld. These deductions

do not include discretionary deductions

such as savings bonds, charitable

contributions, etc. Deductions may be

made from any type of pay you receive

from your agency, e.g., basic pay,

special pay, retirement pay, or incentive

pay.

PART 301–70—INTERNAL POLICY

AND PROCEDURE REQUIREMENTS

8. The authority citation for 41 CFR

part 301–70 continues to read as

follows:

Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c);

Sec. 2, Pub. L. 105–264, 112 Stat. 2350 (5

U.S.C. 5701 note).

9. Section 301–70.704 is amended by

adding a note at the end of the section

to read as follows:

§ 301–70.704 What expenses and/or

classes of employees are exempt from the

mandatory use of the Government

contractor-issued travel charge card?

* * * * *

Note to § 301–70.704: Relocation

allowances prescribed in chapter 302 of this

title, except en-route travel and househunting

trip expenses are not covered by this

requirement.

PART 301–71—AGENCY TRAVEL

ACCOUNTABILITY REQUIREMENTS

10. The authority citation for 41 CFR

part 301–71 continues to read as

follows:

Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c);

Sec. 2, Pub. L. 105–264, 112 Stat. 2350 (5

U.S.C. 5701 note).

11. Section 301–71.204 is revised to

read as follows:

§ 301–71.204 Within how many calendar

days after the submission of a proper travel

claim must we reimburse the employee’s

allowable expenses?

You must reimburse the employee

within 30 calendar days after the

employee submits a proper travel claim

to the agency’s designated approving

office. You must use a satisfactory

recordkeeping system to track

submission of travel claims. For

example, travel claims submitted by

mail, in accordance with agency policy,

could be annotated with the time and

date of receipt by the agency. You could

consider travel claims electronically

submitted to the designated approving

office as submitted on the date indicated

on an e-mail log, or on the next business

day if submitted after normal working

hours. However, claims for the

following relocation allowances are

exempt from this provision:

(a) Transportation and storage of

household goods and professional

books, papers and equipment;

(b) Transportation of mobile home;

(c) Transportation of a privately

owned vehicle;

(d) Temporary quarters subsistence

expense, when not paid as lump sum;

(e) Residence transaction expenses;

(f) Relocation income tax allowance;

(g) Use of a relocation services

company;

(h) Home marketing incentive

payments; and

(i) Allowance for property

management services.

12. Section 301–71.208 is revised to

read as follows:

§ 301–71.208 Within how many calendar

days after submission of a proper travel

claim must we notify the employee of any

errors in the claim?

You must notify the employee as soon

as practicable after the employee’s

submission of the travel claim of any

error that would prevent payment

within 30 calendar days after

submission and provide the reason(s)

why the claim is not proper. However,

not later than May 1, 2002, you must

achieve a maximum time period of

seven working days for notifying an

employee that his/her travel claim is not

proper.

13. Section 301–71.210 is revised to

read as follows:

§ 301–71.210 How do we calculate late

payment fees?

Late payment fees are calculated

either by:

(a) Using the prevailing Prompt

Payment Act Interest Rate beginning on

the 31st day after submission of a proper

travel claim and ending on the date on

which payment is made; or

(b) A flat fee, of not less than the

prompt payment amount, based on an

agencywide average of travel claim

payments; and

(c) In addition to the fee required by

paragraphs (a) and (b) of this section,

you must also pay an amount equivalent

to any late payment charge that the card

contractor would have been able to

charge had the employee not paid the

bill. Payment of this additional fee will

be based upon the effective date that a

late payment charge would be allowed

under the agreement between the

employee and the card contractor.

PART 301–76—COLLECTION OF

UNDISPUTED DELINQUENT AMOUNTS

OWED TO THE CONTRACTOR

ISSUING THE INDIVIDUALLY BILLED

TRAVEL CHARGE CARD

14. The authority citation for 41 CFR

part 301–76 continues to read as

follows:

Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c);

Sec. 2, Pub. L. 105–264, 112 Stat. 2350 (5

U.S.C. 5701 note).

15. Section 301–76.2 is revised to read

as follows:

Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Rules and Regulations 21367

§ 301–76.2 What is disposable pay?

Disposable pay is the part of the

employee’s compensation remaining

after the deduction of any amounts

required by law to be withheld. These

deductions do not include discretionary

deductions such as savings bonds,

charitable contributions, etc. Deductions

may be made from any type of pay, e.g.,

basic pay, special pay, retirement pay,

or incentive pay.

Dated: April 13, 2000.

David J. Barram,

Administrator of General Services.

[FR Doc. 00–9774 Filed 4–20–00; 8:45 am]

BILLING CODE 6820–34–P

DEPARTMENT OF ENERGY

48 CFR Parts 919 and 952

RIN 1991–AB45

Acquisition Regulations: MentorProtege Program

AGENCY: Department of Energy.

ACTION: Final rule.

SUMMARY: The Department of Energy

(DOE) is amending its acquisition

regulations to encourage DOE prime

contractors to assist small

disadvantaged firms certified by the

Small Business Administration under

Section 8(a) of the Small Business Act

(8(a)), other small disadvantaged

businesses, Historically Black Colleges

and Universities and other minority

institutions of higher learning, womenowned small businesses and small

business concerns owned and

controlled by service disabled veterans

in enhancing their capabilities to

perform contracts and subcontracts for

DOE and other Federal agencies. The

program seeks to foster long-term

business relationships between DOE

prime contractors and these small

business entities and minority

institutions of higher learning and to

increase the overall number of these

small business entities and minority

institutions that receive DOE contract

and subcontract awards.

EFFECTIVE DATE: This rule will take effect

May 22, 2000.

FOR FURTHER INFORMATION CONTACT:

Eugene Tates, Mentor-Protege Program,

U.S. Department of Energy, Office of

Small and Disadvantaged Business

Utilization, 1000 Independence Avenue,

SW, Washington, DC 20585, (202) 586–

4556; or Robert M. Webb, U.S.

Department of Energy, Office of

Procurement and Assistance

Management, 1000 Independence

Avenue, SW, Washington, DC 20585,

(202) 586–8264.

SUPPLEMENTARY INFORMATION: 

I. Background

II. Resolution of Comments

III. Procedural Requirements

A. Review Under Executive Order 12866

B. Review Under Executive Order 12988

C. Review Under the Regulatory Flexibility

Act

D. Review Under the Paperwork Reduction

Act

E. Review Under the National Environmental

Policy Act

F. Review Under Executive Order 13132

G. Review Under the Unfunded Mandates

Reform Act of 1995

H. Treasury and General Government

Appropriation Act, 1999

I. Congressional Notification

I. Background

On June 9, 1995, DOE published final

guidelines for its Mentor-Protege Pilot

Initiative (60 FR 30529). The purpose of

the Initiative was to develop a program

that encouraged DOE prime contractors

to help energy-related small

disadvantaged, 8(a), and women-owned

small businesses in enhancing their

business and technical capabilities to

ensure full participation in the mission

of DOE. In addition, the Initiative

sought to foster the establishment of

long term business relationships

between these small business entities

and DOE prime contractors and to

increase the overall number of these

small business entities eligible to

receive DOE contract and subcontract

awards. In order to achieve the goal of

the Initiative, DOE prime contractors

entered into formal agreements with

qualified small businesses to provide

developmental assistance. In many

cases, this assistance has enabled small

businesses to benefit from the vast

wealth of knowledge acquired by large,

successful firms doing business with

DOE.

The success of the DOE business

mentoring relationships and the

continuing need to develop small

disadvantaged business, 8(a) firms and

women-owned small businesses

capabilities to perform contracts and

subcontracts for DOE led DOE to

propose the creation of a permanent

DOE Mentor-Protege Program. DOE

published a notice of proposed

rulemaking on December 6, 1999 (64 FR

68072), which proposed a program

having the same goals and objectives as

the original DOE Mentor-Protege Pilot

Initiative. Some refinements were

proposed to provide additional

incentives for prime contractor

participation in the Mentor-Protege

Program. After carefully considering the

public comments received on the notice

of proposed rulemaking, DOE today

publishes a final rule.

II. Resolution of Comments

Fourteen comments were received in

response to the proposed rule. The

comments and DOE’s responses are as

follows:

Comment: It is unclear whether or not

DOE would reimburse Mentors for costs

incurred by providing developmental

assistance to Protege firms.

Response: The Mentor-Protege rule is

clear on this issue. DOE has stated

throughout the rule that developmental

assistance costs are allowable if they are

incurred by the Mentor in the

performance of a DOE contract spelled

out in the Mentor-Protege Agreement

and are otherwise allowable in

accordance with the cost principles

applicable to that contract.

Comment: Do existing Mentor-Protege

Agreements developed under the DOE

Mentor-Protege Pilot Initiative have to

be amended when this rule becomes

effective?

Response: Existing agreements do not

have to be amended. The new rule

applies only to new agreements.

Comment: The rule does not cover

small business concerns owned and

controlled by service disabled veterans.

Response: DOE has revised the rule to

include small business concerns owned

and controlled by service disabled

veterans, as defined in the Veterans

Entrepreneurship and Small Business

Development Act of 1999, Pub. L. No.

106–50.

Comment: Which small

disadvantaged businesses, other than

8(a) firms, are eligible to participate in

the Program?

Response: All small disadvantaged

businesses that meet the eligibility

requirements in paragraphs (a)(2)–(4) of

§ 919.7007 are eligible to participate.

Comment: Why, under § 919.7008(d)

of the rule, does DOE only permit

protests regarding the small business

size of a firm, and not a firm’s status as

a small disadvantaged business, etc.?

Response: Small disadvantaged

business status cannot be protested

under this rule because the DOE

Mentor-Protege Program is not limited

to small disadvantaged businesses. Even

if a firm is not a small disadvantaged

business, it could still qualify as a small

business.

Comment: A prospective Mentor

should be required under § 919.7005 to

provide evidence that the business is

currently performing a DOE contract

which contains a subcontracting plan.

Response: DOE can identify its

current contractors, so there is no need

for such a requirement.