[Federal Register Volume 59, Number 172 (Wednesday, September 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22130]
[[Page Unknown]]
[Federal Register: September 7, 1994]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 301-1, 301-7, 301-8, 301-11, 301-16, and 301-17
[FTR Amendment 39]
RIN 3090-AF29
Federal Travel Regulation; Hotel and Motel Fire Safety Act
Requirements
AGENCY: Federal Supply Service, GSA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Federal Travel Regulation (FTR) to
incorporate standards for Federal agency compliance with the Hotel and
Motel Fire Safety Act of 1990 (Pub. L. 101-391, Sept. 25, 1990). These
provisions are intended to enhance the safety of Federal employees
traveling on official business.
EFFECTIVE DATE: This final rule is effective October 1, 1994, and
applies for travel (including travel incident to a change of official
station) performed on or after October 1, 1994.
FOR FURTHER INFORMATION CONTACT: Robert A. Clauson, Transportation
Management Division (FBX), Washington, DC 20406, telephone 703-305-
5745.
SUPPLEMENTARY INFORMATION: The Hotel and Motel Fire Safety Act of 1990
(Pub. L. 101-391, Sept. 25, 1990), hereinafter referred to as ``the
Act'', among other things, amended title 5, United States Code, by
adding new Secs. 5707(d) and 5707a to save lives and protect property
by promoting fire and life safety in hotels, motels, and all places of
public accommodation affecting commerce.
Hotel and Motel Fire Safety Guidelines
The Act sets standards for fire prevention and control in places of
public accommodation affecting commerce. These requirements include
installation of hard-wired, single station smoke detectors in each
guest room of each place of public accommodation, and an automatic
sprinkler system in each place of public accommodation that is more
than three stories. The Act further requires each State to submit to
the Director of the Federal Emergency Management Agency (FEMA) a list
of places of public accommodation in the State that comply with the
Act's fire safety standards. From the State lists, FEMA must compile
and publish in the Federal Register a national master list and
distribute it to each Federal agency. The Act requires FEMA to
periodically update the master list based on information provided by
the States, and to distribute the updated list to each agency.
Federal Travel Program Compliance
The Act requires the General Services Administration (GSA) to
modify certain of its travel programs to adhere to established fire
safety guidelines. This includes listing in the Federal Travel
Directory only those lodging establishments that comply with the Act's
fire safety standards, specifying which access and safety devices each
establishment provides for the hearing impaired or visually or
physically handicapped, and surveying only accommodations that meet the
Act's fire safety standards when conducting surveys of lodging costs
for the purpose of establishing locality per diem rates.
Agency Compliance
The Act also requires each agency to ensure that it achieves an
adequate ``approved accommodations percentage'', as specified in the
Act and reflected in the regulation, for Fiscal Year 1995 and each
fiscal year thereafter (an approved accommodation is a hotel, motel, or
other place of public accommodation affecting commerce that meets the
Act's fire safety standards). The actual approved accommodations
percentage is computed by dividing the number of nights spent
throughout the United States, including its territories and
possessions, in approved accommodations by the total number of nights
spent throughout the United States, including its territories and
possessions, in all places of public accommodation affecting commerce.
GSA has determined that this rule is not a significant regulatory
action for the purposes of Executive Order 12866 of Sept. 30, 1993.
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.
List of Subjects in 41 CFR Parts 301-1, 301-7, 301-8, 301-11, 301-
16, and 301-17
Government employees, Travel, Travel allowances, Travel and
transportation expenses
For the reasons set out in the preamble, 41 CFR parts 301-1, 301-7,
301-8, 301-11, and 301-16 are amended and 41 CFR part 301-17 is added
as follows:
PART 301-1--APPLICABILITY AND GENERAL RULES
1. The authority citation for part 301-1 continues to read as
follows:
Authority: 5 U.S.C. 5701-5709; 31 U.S.C. 1353; 40 U.S.C. 486(c);
E.O. 11609, 36 FR 13747, 3 CFR, 1971-1975 Comp., p. 586.
Subpart A--Authority, Applicability, and General Rules
2. Section 301-1.3 is amended by revising paragraphs (a) and (c)(1)
to read as follows:
Sec. 301-1.3 General rules.
(a) Employee's obligation--(1) Prudent person rule. An employee
traveling on official business is expected to exercise the same care in
incurring expenses that a prudent person would exercise if traveling on
personal business. Excess costs, circuitous routes, delays, or luxury
accommodations and services unnecessary or unjustified in the
performance of official business are not acceptable under this
standard. Employees will be responsible for excess costs and any
additional expenses incurred for personal preference or convenience.
(2) Approved (firesafe) accommodation. It is the policy of the
Government, as reflected in the Hotel and Motel Fire Safety Act of 1990
(Pub. L. 101-391, Sept. 25, 1990), referred to as ``the Act'' in this
paragraph, to save lives and protect property by promoting fire safety
in hotels, motels, and all places of public accommodation affecting
commerce. In furtherance of the Act's goals, employees are strongly
encouraged to stay in an approved accommodation when commercial lodging
is required. Such action will serve to benefit all travelers by
influencing the management of places of public accommodation affecting
commerce to comply with the Act's fire safety requirements and maintain
approved accommodation status. An approved accommodation provides
certain fire detection and safety devices that reduce the likelihood of
injury to, and protect the lives of, travelers.
* * * * *
(c) Definitions--(1) Agency. Except as otherwise provided in
Sec. 301-17.2(a) of this chapter, ``agency'' for purposes of this
chapter means an executive agency as defined in 5 U.S.C. 105; a
military department; an office, agency, or other establishment in the
legislative branch; and the government of the District of Columbia; but
does not include a Government-controlled corporation, a Member of
Congress, or an office or committee of either House of Congress or of
the two Houses.
* * * * *
Subpart B--Official Government Business Travel
3. Section 301-1.101 is amended by adding paragraph (b)(4) to read
as follows:
Sec. 301-1.101 Authorization of travel.
* * * * *
(b) * * *
(4) It is the policy of the Government, as reflected in the Hotel
and Motel Fire Safety Act of 1990 (Pub. L. 101-391, Sept. 25, 1990), to
save lives and protect property by promoting fire safety in hotels,
motels, and all places of public accommodation affecting commerce. In
furtherance of these goals, each agency, as defined in Sec. 301-17.2(a)
of this chapter, when authorizing travel shall take appropriate
measures to influence employees who will procure commercial lodging
when performing official travel to stay at a firesafe approved
accommodation as defined in Sec. 301-17.2(c) of this chapter. Further,
each agency shall establish procedures to ensure that its approved
accommodations percentage is in compliance with the provisions of part
301-17 of this chapter. Additionally, each agency shall be prepared, as
required in Sec. 301-17.4(b) of this chapter, to furnish the General
Accounting Office with information necessary for the conduct of an
audit of agency compliance with the approved accommodations percentage
requirement.
* * * * *
Subpart C--Pre-employment Interview Travel
4. Section 301-1.202 is amended by revising the section heading and
by adding paragraphs (a)(5) and (b)(6) to read as follows:
Sec. 301-1.202 Responsibilities for pre-employment interview travel.
(a) * * *
(5) Fire safety responsibilities. Agencies should encourage an
interviewee for his/her safety to stay in an approved accommodation
while performing interview travel, and shall provide the interviewee
with a list of approved accommodations in the interview area. Section
5707(d) of title 5, United States Code requires that the approved
accommodations percentage, as defined in Sec. 301-17.2(d) of this
chapter, be computed based solely on official travel by employees. An
agency, therefore, shall not collect approved accommodations data from
an interviewee.
(b) * * *
(6) Fire safety responsibilities. It is the policy of the
Government, as reflected in the Hotel and Motel Fire Safety Act of 1990
(Pub. L. 101-391, Sept. 25, 1990), referred to as ``the Act'' in this
paragraph, to save lives and protect property by promoting fire safety
in hotels, motels, and all places of public accommodation affecting
commerce. In furtherance of the Act's goals, an interviewee traveling
to a pre-employment interview is strongly encouraged to stay at an
approved accommodation as defined in Sec. 301-17.2(c) of this chapter
when commercial lodging is required. An approved accommodation provides
certain fire detection and safety devices that reduce the likelihood of
injury to, and protect the lives of, travelers. Section 5707(d) of
title 5, United States Code, requires that the approved accommodations
percentage, as defined in Sec. 301-17.2(d) of this chapter, be computed
based solely on official travel by employees. An interviewee,
therefore, is exempt from the requirement in Secs. 301-7.2(a)(4) and
301-8.5(a)(4) of this chapter to account for approved accommodations
data.
5. Section 301-1.205 is amended by adding paragraph (e) to read as
follows:
Sec. 301-1.205 Claims for reimbursement.
* * * * *
(e) Approved accommodations data. Section 5707(d) of title 5,
United States Code, requires that the approved accommodations
percentage, as defined in Sec. 301-17.2(d) of this chapter, be computed
based solely on official travel by employees. An interviewee,
therefore, is exempt from the requirement in Sec. 301-11.2(b) of this
chapter to account for approved accommodations data.
PART 301-7--PER DIEM ALLOWANCES
6. The authority citation for part 301-7 continues to read as
follows:
Authority: 5 U.S.C. 5701-5709; E.O. 11609, 36 FR 13747, 3 CFR,
1971-1975 Comp., p. 586.
7. Section 301-7.2 is amended by adding new paragraph (a)(4) and
revising paragraph (b) to read as follows:
Sec. 301-7.2 Employee and agency responsibilities.
(a) * * *
(4) Fire safety responsibilities. An employee traveling on official
business is strongly encouraged to stay at an approved accommodation as
defined in Sec. 301-17.2(c) of this chapter. Each employee shall
account, in accordance with his/her agency's procedures established
under paragraph (b)(2) of this section, for the number of nights spent
in approved accommodations as well as the number of nights spent in all
places of public accommodation affecting commerce as defined in
Sec. 301-17.2(b) of this chapter.
(b) Agency responsibilities--(1) Authorizing/approving rates. It is
the responsibility of the head of each agency, or his/her designee, to
authorize or approve only those per diem allowances that are justified
by the circumstances affecting the travel and are allowable under the
specific rules in this part. However, the per diem rates provided for
under these rules represent the maximum allowable. To prevent
authorization or approval of per diem allowances in excess of amounts
required to meet the necessary per diem expenses of official travel,
consideration shall be given to factors such as those listed in this
paragraph that reduce the necessary expenses of employees (see specific
guidelines in Sec. 301-7.12 of this part for reducing rates):
(i) Known arrangements or established cost experience at temporary
duty locations showing that lodging and/or meals can be obtained
without cost or at reduced cost to the employee;
(ii) Situations in which special rates for accommodations have been
made available for a particular meeting, conference, training or other
temporary duty assignments;
(iii) Traveler's familiarity with establishments providing lodging
and meals at a lower cost in certain localities, particularly where
repetitive travel or extended stays are involved;
(iv) Modes of transportation where accommodations are provided as
part of the transportation cost; and
(v) Situations in which the Government furnishes lodging, such as
Government quarters or other lodging procured for the employee by means
of an agency purchase order (see Sec. 301-7.12(a) of this part).
(2) Fire safety responsibilities. Each agency, as defined in
Sec. 301-17.2(a) of this chapter, is responsible for influencing its
employees who require commercial lodging when performing official
travel to stay at an approved accommodation as defined in Sec. 301-
17.2(c) of this chapter and for ensuring that its approved
accommodations percentage is in compliance with the fire safety
guidelines established in the Hotel and Motel Fire Safety Act of 1990
(Pub. L. 101-391, Sept. 25, 1990) (see part 301-17 of this chapter).
Each agency shall establish accounting procedures to collect from each
employee traveling on official business data regarding the number of
nights spent in approved accommodations as well as the number of nights
spent in all places of public accommodation affecting commerce as
defined in Sec. 301-17.2(b) of this chapter.
PART 301-8--REIMBURSEMENT OF ACTUAL SUBSISTENCE EXPENSES
8. The authority citation for part 301-8 continues to read as
follows:
Authority: 5 U.S.C. 5701-5709; E.O. 11609, 36 FR 13747, 3 CFR,
1971-1975 Comp., p. 586.
9. Section 301-8.5 is amended by adding paragraph (a)(4) to read as
follows:
Sec. 301-8.5 Requirements for documentation, review, and
administrative controls.
(a) * * *
(4) Fire safety responsibilities. An employee traveling on official
business is strongly encouraged to stay at an approved accommodation as
defined in Sec. 301-17.2(c) of this chapter. Each employee shall
account, in accordance with his/her agency's procedures established
under Sec. 301-7.2 of this chapter, for the number of nights spent in
approved accommodations as well as the number of nights spent in all
places of public accommodation affecting commerce as defined in
Sec. 301-17.2(b) of this chapter.
PART 301-11--CLAIMS FOR REIMBURSEMENT
10. The authority citation for part 301-11 continues to read as
follows:
Authority: 5 U.S.C. 5701-5709; E.O. 11609, 36 FR 13747, 3 CFR,
1971-1975 Comp., p. 586.
11. Section 301-11.2 is revised to read as follows:
Sec. 301-11.2 Records of travel and expenses.
(a) Expenditure records. All persons authorized to travel on
official business (see certificate on travel voucher form) should keep
a record of expenditures properly chargeable to the Government, noting
each item at the time the expense is incurred and the date. The
information thus accumulated will be available for the proper
preparation of travel vouchers.
(b) Approved accommodations data. An employee is required under
Secs. 301-7.2(a)(4) and 301-8.5(a)(4) of this chapter to account for
the number of nights spent in approved accommodations as well as the
number of nights spent in all places of public accommodation affecting
commerce as defined in Sec. 301-17.2(b) of this chapter in accordance
with procedures established by his/her agency pursuant to Sec. 301-
7.2(b)(2) of this chapter.
PART 301-16--CONFERENCE PLANNING
12. The authority citation for part 301-16 continues to read as
follows:
Authority: 5 U.S.C. 5701-5709; E.O. 11609, 36 FR 13747, 3 CFR,
1971-1975 Comp., p. 586.
Sec. 301-16.2 [Amended]
13. Section 301-16.2 is amended by removing paragraph (g).
14. Section 301-16.3 is revised to read as follows:
Sec. 301-16.3 Authorization of Government sponsorship or co-
sponsorship of a conference.
(a) General. A senior agency official shall authorize Government
sponsorship or co-sponsorship of a conference which involves travel by
30 or more employees.
(b) Prohibition on use of a place of public accommodation that is
not an approved accommodation--(1) General rule. As provided in 15
U.S.C. 2225a, an agency, as defined in Sec. 301-17.2(a) of this
chapter, may not sponsor or fund in whole or in part a conference in
any State, as defined in Sec. 301-17.2(f) of this chapter, at a place
of public accommodation that is not an approved accommodation as
defined in Sec. 301-17.2(c) of this chapter, unless a waiver is granted
under paragraph (b)(2) of this section. This prohibition also applies
to Federal funds expended by the government of the District of
Columbia.
(2) Waiver of the prohibition on scheduling a conference at a place
of public accommodation that is not an approved accommodation. An
agency, as defined in Sec. 301-17.2(a) of this chapter, may sponsor or
fund in whole or in part a conference in any State, as defined in
Sec. 301-17.2(f) of this chapter, at a place of public accommodation
that is not an approved accommodation when the agency head waives the
prohibition in paragraph (b)(1) of this section based on his/her
written determination that such waiver is necessary in the public
interest for a particular event. The agency head may delegate the
authority to waive the prohibition in paragraph (b)(1) of this section
to a senior level official if such official is given the authority with
respect to all conferences sponsored or funded by the agency.
(3) Requirement to include prohibition notice on advertisements and
applications for attendance at a conference. As required by 15 U.S.C.
2225a, any advertisement or application for attendance at a conference
sponsored or funded in whole or in part by an agency in any State, as
defined in Sec. 301-17.2(f) of this chapter, shall include a notice of
the prohibition contained in paragraph (b)(1) of this section on
holding a conference at a place of public accommodation that is not an
approved accommodation. An agency shall not be required to include
notice of the prohibition in any advertisement or application for
attendance at a conference, however, when the agency head, or his/her
designee, waives the prohibition in accordance with paragraph (b)(2) of
this section.
(4) Notification to non-Federal entities receiving Federal funds of
the prohibition on scheduling a conference at a place of public
accommodation that is not an approved accommodation. As provided in 15
U.S.C. 2225a, an Executive agency, as defined in 5 U.S.C. 105, which
provides Federal funds to a non-Federal entity shall notify the non-
Federal entity receiving such funds of the prohibition contained in
paragraph (b)(1) of this section.
15. Section 301-16.4 is amended by revising paragraph (c)(1) to
read as follows:
Sec. 301-16.4 Selection of a conference site.
* * * * *
(c) Restrictions on selection of conference facilities--(1)
Approved accommodations. When an agency, as defined in Sec. 301-17.2(a)
of this chapter, holds a conference at a place of public accommodation,
as defined in Sec. 301-17.2(b) of this chapter, the agency shall use an
approved accommodation as defined in Sec. 301-17.2(c) of this chapter
unless a waiver is granted under Sec. 301-16.3(b)(2) of this part. Any
advertisement or application for attendance at the conference shall
include notice of the prohibition on using a place of public
accommodation that is not an approved accommodation in accordance with
Sec. 301-16.3(b) of this part. In addition, any Executive agency as
defined in 5 U.S.C. 105 shall notify all non-Federal entities to which
it provides Federal funds of the prohibition.
* * * * *
16. Chapter 301 is amended by adding part 301-17 to read as
follows:
PART 301-17--AGENCY TRAVEL DATA REQUIREMENTS
Subpart A--Approved Accommodations Data Reporting
Sec.
301-17.1 Applicability.
301-17.2 Definitions.
301-17.3 Approved accommodations percentage.
301-17.4 Agency compliance.
Subpart B--[Reserved]
Authority: 5 U.S.C. 5701-5709; E.O. 11609, 36 FR 13747, 3 CFR,
1971-1975 Comp., p. 586.
Subpart A--Approved Accommodations Data Reporting
Sec. 301-17.1 Applicability.
(a) This part applies to Federal agencies as defined in Sec. 301-
17.2(a) of this part.
Sec. 301-17.2 Definitions.
For purposes of this part, the following definitions apply:
(a) Agency. ``Agency'' has the same meaning it is given in
Sec. 301-1.3(c)(1) of this chapter except it does not include the
government of the District of Columbia.
(b) Place of public accommodation affecting commerce. ``Place of
public accommodation affecting commerce'' means any inn, hotel, or
other establishment within a State that provides lodging to transient
guests, except that such term does not include:
(1) An establishment owned by the Federal Government;
(2) An establishment treated as an apartment building for purposes
of any State or local law or regulation; or
(3) An establishment located within a building that contains not
more than 5 rooms for rent or hire and that is actually occupied as a
residence by the proprietor of such establishment.
(c) Approved accommodation. ``Approved accommodation'' means any
place of public accommodation that meets the requirements of the fire
prevention and control guidelines in 15 U.S.C. 2225. (A master list of
all approved accommodations is compiled, periodically updated, and
published in the Federal Register by the Director of the Federal
Emergency Management Agency. The statute (5 U.S.C. 5707a(b)) requires
that the General Services Administration list only approved
accommodations in any directory listing public accommodations.)
(d) Approved accommodations percentage. ``Approved accommodations
percentage'' is the percentage of nights that an agency's employees
traveling on official business spend in approved accommodations
relative to the total number of nights spent in places of public
accommodation.
(e) Employee. ``Employee'' has the same meaning it is given in
Sec. 301-1.3(c)(2) of this chapter and in Sec. 302-1.4(c) of chapter
302 of this title, and does not include an interviewee as defined in
Sec. 301-1.3(c)(3) of this chapter.
(f) State. ``State'' means any State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, the Trust Territory of the Pacific Islands, the Virgin
Islands, the Canal Zone, Guam, American Samoa, or any other U.S.
territory or possession.
Sec. 301-17.3 Approved accommodations percentage.
(a) Scope. An agency's approved accommodations percentage is based
on all official travel in any State by the agency's employees. En route
travel to the new official station and travel to seek residence
quarters authorized in chapter 302 of this title shall be included in
the calculation. Travel to an area other than a State as defined in
Sec. 301-17.2(f) of this part and pre-employment interview travel shall
be excluded from the calculation.
(b) Calculation. Each agency shall compute its approved
accommodations percentage as follows:
(1) Determine the total number of nights that agency employees
performing official travel spent at an approved accommodation within
any State;
(2) Determine the total number of nights that agency employees
performing official travel spent at any place of public accommodation
affecting commerce within any State;
(3) Divide the number determined in paragraph (b)(1) of this
section by the number determined in paragraph (b)(2) of this section;
and
(4) Multiply the quotient determined in paragraph (b)(3) of this
section by 100 to determine the approved accommodations percentage.
Sec. 301-17.4 Agency compliance.
(a) Required approved accommodations percentage. Each agency shall
institute procedures to ensure that its approved accommodations
percentage is not less than:
(1) 65 percent for Fiscal Year 1995;
(2) 75 percent for Fiscal Year 1996; and
(3) 90 percent for Fiscal Year 1997, and each fiscal year
thereafter.
(b) Reporting requirement. The General Accounting Office (GAO) is
required to conduct an audit of agencies' compliance with the required
approved accommodations percentage within 6 months following the end of
each fiscal year designated in paragraph (a) of this section and to
annually report the audit results to the Congress. Agencies shall
maintain records of compliance and make the information available upon
request to GAO for audit.
Subpart B--[Reserved]
Dated: August 25, 1994.
Roger W. Johnson,
Administrator of General Services.
[FR Doc. 94-22130 Filed 9-6-94; 8:45 am]
BILLING CODE 6820-24-F
