Federal Travel Regulation; Enhancement of Privately Owned Vehicle and Rental Vehicle Policy |
|---|
|
Christine J. Harada
General Services Administration
October 20, 2014
[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Proposed Rules]
[Pages 62588-62590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24498]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-3, 301-10, and 301-70
[FTR Case 2014-302; Docket 2014-0014, Sequence 1]
RIN 3090-AJ48
Federal Travel Regulation; Enhancement of Privately Owned Vehicle
and Rental Vehicle Policy
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: GSA is proposing to amend the Federal Travel Regulation (FTR)
by requiring agencies to have an internal policy for determining
whether to authorize a privately owned vehicle (POV), as opposed to a
rental car, in conjunction with temporary duty travel (TDY). Further,
GSA proposes to specify that travelers, who have been authorized to
travel via common carrier or rental car, and choose to use a POV
instead, will be reimbursed at the applicable POV mileage rate. Also,
this amendment proposes to add specific provisions addressing the type
of rental vehicles travelers must use, as well as pre-paid refueling
options and other rental car surcharges. Finally, this amendment
proposes to make certain miscellaneous corrections, where applicable.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat at one of the addresses shown below on or before
December 19, 2014 to be considered in the formation of the final rule.
ADDRESSES: Submit comments identified by FTR Case 2014-302 by any of
the following methods:
Federal eRulemaking Portals: http://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by searching for
``FTR Case 2014-302.'' Select the link ``Comment Now'' that corresponds
with ``FTR Case 2014-302'' and follow the instructions provided at the
screen. Please include your name, company name (if any), and ``FTR Case
2014-302'' on your attached document.
Fax: 202-208-1398.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), Attn. Ms. Hada Flowers, 1800 F Street NW.,
Washington, DC 20405.
Instructions: Please submit comments only and cite FTR Case 2014-
302 in all correspondence related to this case. All comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Cy Greenidge, Program Analyst, Office of Government-wide Policy, at
202-219-2349. Contact the Regulatory Secretariat (MVCB), 1800 F Street
NW., Washington, DC 20405, 202-501-4755, for information pertaining to
status or publication schedules. Please cite FTR case 2014-302.
SUPPLEMENTARY INFORMATION:
A. Background
The FTR already provides for determining when the use of a POV or
rental vehicle in conjunction with TDY could be advantageous to the
Government (see FTR Part 301-10, Subparts D and E, and Part 301-70,
Subpart B). The FTR also advises that when using a rental vehicle,
travelers should consider renting a vehicle from a vendor that
participates in the Defense Travel Management Office's (DTMO) U.S.
Government Car Rental Agreement to avail themselves of the Agreement's
benefits (see FTR section 301-10.450). It has been determined that more
specific guidance regarding the use of POVs and rental cars will save
agencies money when authorizing employees to travel. This proposed rule
provides that agencies must have an internal policy for determining
whether to authorize a POV, as opposed to a rental car, in conjunction
with TDY. Additionally, GSA proposes specifying that travelers who have
been authorized by their agencies to travel via common carrier or
rental car, and choose to use a POV instead, will be reimbursed at the
applicable POV mileage rate up to the constructive cost of the
authorized mode of transportation plus per diem. Further, this
amendment proposes that travelers who are authorized to use a rental
car in conjunction with TDY must use the least expensive compact car
available. This amendment also proposes that travelers will not be
reimbursed for pre-paid refueling options for rental cars. Moreover,
this amendment proposes that agencies may not reimburse travelers
surcharges involved when rental car companies purchase miles from
airlines and provide those miles to their vehicle customers. Finally,
this amendment also proposes to make certain miscellaneous corrections,
where applicable.
B. Executive Orders 12866 and 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 harmonizing rules, and of promoting flexibility.
This proposed rule is not a significant regulatory action, and
therefore, was not subject to review under Section 6(b) of E.O. 12866,
Regulatory Planning and Review, dated September 30, 1993.
C. Regulatory Flexibility Act
This proposed rule would 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. This proposed rule is
also exempt from the Administrative Procedure Act pursuant to 5 U.S.C.
553(a)(2) because it applies to agency management or personnel.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
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.
E. Small Business Regulatory Enforcement Fairness Act
This proposed rule is also exempt from Congressional review
prescribed
[[Page 62589]]
under 5 U.S.C. 801. This proposed rule is not a major rule under 5
U.S.C. 804.
List of Subjects in 41 CFR Parts 300-3, 301-10, and 301-70
Administrative practices and procedures, Government employees,
Travel and transportation expenses.
Dated: August 14, 2014.
Christine J. Harada,
Associate Administrator, Office of Government-wide Policy.
For the reasons set forth in the preamble, pursuant to 5 U.S.C.
5701-5711, GSA proposes to amend 41 CFR parts 300-3, 301-10, and 301-70
as set forth below:
PART 300-3--GLOSSARY OF TERMS
0
1. The authority citation for 41 CFR part 300-3 is revised 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, as amended, 3 CFR, 1971-1975 Comp., p. 586, OMB Circular
No. A-126, revised May 22, 1992.
Sec. 300-3.1 [Amended]
0
2. Amend Sec. 300-3.1 by--
0
a. In the term ``Government-furnished automobile'', removing the word
``furnished'' and adding the word ``owned'' in its place and by adding
the acronym ``(GOA)'' after the word ``automobile''.
0
b. In the term and definition for ``Government-furnished vehicle'',
removing the word ``furnished'' and adding the word ``owned'' wherever
it appears.
0
c. In newly revised term ``Government-owned vehicle'', adding ``(GOV)''
after the word ``vehicle''.
PART 301-10--TRANSPORTATION EXPENSES
0
3. The authority citation for 41 CFR part 301-10 continues to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118; OMB
Circular No. A-126, revised May 22, 1992.
0
4. Amend Sec. 301-10.5 by adding new paragraphs (c) and (d) to read as
follows:
Sec. 301-10.5 What are the presumptions as to the most advantageous
method of transportation by order of precedence?
* * * * *
(c) Rental car. If no Government-owned automobile is available, but
your agency has determined that travel must be performed by automobile,
then a rental car should be authorized.
(d) Privately Owned Vehicle (POV). POV's should be determined to be
the most advantageous method of transportation only after your agency
evaluates the use of a common carrier, a Government-owned automobile,
and a rental car.
0
5. Revise the undesignated center heading preceding Sec. 301.10-220 to
read as follows:
Government Owned Automobiles (GOA)
Sec. 301-10.309 [Amended]
0
6. Amend Sec. 301-10.309 by--
0
a. Adding the words ``or a rental vehicle'' after the word
``transportation'' in the section heading.
0
b. Adding the words ``the applicable POV rate'' after the word
``reimbursed'' in the body.
0
7. Amend Sec. 301-10.450 by revising the section heading and adding
paragraphs (c), (d), and (e) to read as follows:
Sec. 301-10.450 What are the policies when authorized to rent a
vehicle for official travel?
* * * * *
(c) Travelers must use the least expensive compact car available,
unless an exception for another class of vehicle is approved. Agencies
should approve these exceptions on a limited basis and must indicate on
the travel authorization the reason for the exception. Your agency may
authorize the use of other than a compact car if any of the following
apply:
(1) When use of other than a compact car is necessary to
accommodate a medical disability or other special need.
(i) A disability must be certified annually in a written statement
by a competent medical authority. However, if the disability is a
lifelong condition, then a one-time certification statement is
required. Certification statements must include at a minimum:
(A) A written statement by a competent medical authority stating
that special accommodation is necessary;
(B) An approximate duration of the special accommodation; and
(C) A recommendation as to the suitable class of rental vehicle
based on the disability.
(ii) A special need must be certified annually in writing according
to your agency's procedures. However, if the special need is a lifelong
condition, then a one-time certification statement is required;
(iii) If you are authorized under Sec. 301-13.3(a) to have an
attendant accompany you, your agency may authorize the use of other
than a compact car if deemed necessary by your agency.
(2) When required because of agency mission, consistent with your
agency's internal procedures pursuant to Sec. 301-70.102(i).
(3) When the cost of other than a compact car is less than or equal
to the cost of the least expensive compact car.
(4) When additional room is required to accommodate multiple
employees authorized to travel together in the same rental vehicle.
(5) When travelers must carry a large amount of Government material
incident to their official business, and a compact rental vehicle does
not contain sufficient space.
(d) Travelers will not be reimbursed for purchasing pre-paid
refueling options for rental cars. Therefore, travelers should refuel
prior to returning the rental vehicle to the drop-off location.
(e) Travelers will not be reimbursed for fees associated with
rental car loyalty points or the transfer of points charged by car
companies.
PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS
0
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. 121(c); Sec. 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701, note), OMB Circular No. A-126,
revised May 22, 1992, and OMB Circular No. A-123, Appendix B,
revised January 15, 2009.
0
9. Amend Sec. 301-70.101 by revising paragraph (b) to read as follows:
Sec. 301-70.101 What factors must we consider in determining which
method of transportation results in the greatest advantage to the
Government?
* * * * *
(b) Travel by common carrier (air, rail, bus) is considered the
most advantageous method to perform official travel. Other methods of
transportation may be authorized as advantageous only when the use of
common carrier transportation would interfere with the performance of
official business or impose an undue hardship upon the traveler, or
when the total cost by common carrier exceeds the cost by another
method of transportation. When this occurs, the relative total costs of
using a GOA, the least expensive compact rental vehicle, and a POV
should all be considered in determining which transportation method is
the most advantageous to the Government. The relative costs of using a
POV would only come into play if the employee chooses to use a POV
since agencies cannot mandate employees to use their POV for official
reasons. A determination that another method of transportation is more
advantageous to
[[Page 62590]]
the Government than common carrier transportation will not be made on
the basis of personal preference or inconvenience to the traveler.
0
10. Amend Sec. 301-70.102 by revising paragraphs (d), (f), and (i) to
read as follows:
Sec. 301-70.102 What governing policies must we establish for
authorization and payment of transportation expenses?
* * * * *
(d) When you will consider use of a POV advantageous to the
Government, such as travel to and from common carrier terminals or to
the TDY location. When determining whether the use of a POV to a TDY
location is the most advantageous method of transportation, agencies
must consider the total cost of using a POV as compared to the total
cost of using a rental vehicle, including rental costs, fuel, taxes,
parking (at a common carrier terminal, etc.), and any other associated
costs;
* * * * *
(f) Procedures for allowing the use of a special conveyance (e.g.,
commercially rented vehicles), taking into account the requirements of
Sec. 301-10.450;
* * * * *
(i) Develop and issue internal guidance on what specific mission
criteria justify approval of the use of other than coach-class
transportation under Sec. Sec. 301-10.123(a)(4), 301-10.123(b)(9), and
301-10.162(e), the use of other than lowest first-class under Sec.
301-10.183(d), and the use of other than a compact rental car under
Sec. 301-10.450(c). The justification criteria shall be entered in the
remarks section of the traveler's authorization.
* * * * *
Sec. Sec. 301-10.5, 301-10.200, 301-10.220, 301-10.310 and 301-
70.104 [Amended]
0
11. Amend Sec. Sec. 301-10.5, 301-10.200, 301-10.220, 301-10.310 and
301-70.104 by removing the terms ``Government automobile'' and
``Government-furnished automobile'' wherever they appear and adding
``GOA'' in its place.
[FR Doc. 2014-24498 Filed 10-17-14; 8:45 am]
BILLING CODE 6820-14-P