Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Rules and Regulations 16327 

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. 

20 CFR Part 429 

Administrative practice and 

procedure, Claims, Government 

employees, and penalties. 

Dated: April 2, 2009. 

Michael J. Astrue, 

Commissioner of Social Security. 

■ 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: 

PART 403—TESTIMONY BY 

EMPLOYEES AND THE PRODUCTION 

OF RECORDS AND INFORMATION IN 

LEGAL PROCEEDINGS 

■ 1. The authority citation for part 403 

continues to read as follows: 

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. 

■ 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 

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. 

Subpart A—[Amended] 

■ 4. In § 429.102, revise paragraph (c) to 

read as follows: 

§ 429.102 How do I file a claim under this 

subpart? 

* * * * * 

(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. 

Subpart B—[Amended] 

■ 5. In § 429.202, revise paragraph (b) to 

read as follows: 

§ 429.202 How do I file a claim under this 

subpart? 

* * * * * 

(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. 

* * * * * 

[FR Doc. E9–8213 Filed 4–9–09; 8:45 am] 

BILLING CODE 4191–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 707 

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 Applicability and compliance. 

* * * * * 

(c) * * * 

(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). * * * 

* * * * * 

[FR Doc. E9–8354 Filed 4–9–09; 8:45 am] 

BILLING CODE 1505–01–D 

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 

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. 

■ 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 

■ 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. 

■ 2. Amend § 300–3.1 by alphabetically 

adding the definition of ‘‘Furnished 

meal’’ to read: 

§ 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 

■ 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. 

■ 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). 

PART 301–11—PER DIEM EXPENSES 

■ 5. The authority citation for 41 CFR 

part 301–11 continues to read as 

follows: 

Authority: 5 U.S.C. 5707. 

■ 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. 

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 

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. 

* * * * *