Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Rules and Regulations 16329 

Total M&IE $39 $44 $49 $54 $59 $64 

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 

■ 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 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 301–11 

[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 

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 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 What allowance will I be paid 

for M&IE? 

(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. 

* * * * * 

16330 Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Rules and Regulations 

[FR Doc. E9–8160 Filed 4–9–09; 8:45 am] 

BILLING CODE 6820–14–P