Federal Travel Regulation; Enhancement of Privately Owned Vehicle and Rental Vehicle Policy |
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Denise Turner Roth
General Services Administration
May 13, 2015
[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Rules and Regulations]
[Pages 27259-27261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11459]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-3, 301-10, and 301-70
[FTR Amendment 2015-03, 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: Final rule.
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SUMMARY: GSA is amending 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, this
rule specifies 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. Additionally, this rule
adds specific provisions addressing the type of rental vehicles
travelers must use, pre-paid refueling options, and other rental car
surcharges. Finally, this rule makes certain miscellaneous corrections,
where applicable.
DATES: Effective Date: May 13, 2015.
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 Amendment 2015-03; FTR
case 2014-302.
SUPPLEMENTARY INFORMATION:
A. Background
GSA published a proposed rule in the Federal Register on October
20, 2014 (79 FR 62588). That rule proposed amending the FTR to require
that agencies have an internal policy for determining when to authorize
a POV, as opposed to a rental car, in conjunction with TDY.
Additionally, the rule proposed to amend the FTR to state that
travelers who have been authorized by their agencies to travel via
common carrier or rental car, and choose to use a POV instead, would be
reimbursed at the applicable POV mileage rate up to the constructive
cost of the authorized mode of transportation plus per diem. Further,
the rule proposed amending the FTR to state that travelers who are
authorized to use a rental car in conjunction with TDY must use the
least expensive compact car available; addressed reimbursement
pertaining to pre-paid refueling options for rental cars; denied
reimbursement of surcharges involved when rental car companies purchase
miles from airlines and provide those miles to their vehicle customers;
and proposed to amend the FTR to make certain miscellaneous
corrections, where applicable.
The public had 60 calendar days to comment on the proposed rule.
GSA received a total of seven comments from three commenters, and made
changes to the substance of this final rule, although changes are not
considered to be significant.
B. Analysis of Public Comments
Comment: One respondent expressed concern that changing the term
``government-furnished automobile'' to ``government-owned automobile
(GOA)'' would generate uncertainty as to how travelers should account
for vehicles leased by the Federal Government.
Response: GSA agreed with these concerns and will amend the FTR to
more consistently use the term ``government-furnished automobile.'' GSA
is amending the current definition, however, as it pertains to use of
the term ``GSA Fleet'' and the 120-day rental period to be consistent
with the Federal Management Regulation.
Comment: One respondent stated that requiring a medical
professional to recommend a suitable vehicle class is not feasible,
since busy or indifferent medical authorities will merely sign
statements prepared by travelers.
Response: We agreed that requiring a medical professional to
recommend a suitable vehicle class is not feasible, and therefore, have
removed this language from the final rule.
Comment: One respondent recommended an additional exception (Sec.
301-10.450(c)(6)) permitting the use of a non-compact car for safety
reasons due to severe weather or terrain.
Response: We agreed with this recommendation and have added this
language to the final rule.
Comment: One respondent stated that requiring an annual written
statement from a medical authority (Sec. 301-10.450(c)(1)(i)) is
unduly complex and contrary to existing law and regulation.
Response: Since the requirement for an annual written statement
from a medical authority is stipulated in Sec. 301-10.123(a)(2) when
requesting the use of other than coach class accommodations, we believe
this same requirement should apply when requesting the use of other
than a compact car. Proposed language will not change.
Comment: One respondent stated that changing travel policy to not
reimburse fees associated with rental car loyalty points will increase
the chance of improper payments for such small dollar amounts and will
slow down the voucher review process. The respondent recommended
changing rental car agreements to prohibit charging such
[[Page 27260]]
fees or offering them to Federal travelers. The respondent also
recommended changing the ETS2 contract to not allow adding frequent
flyer mileage numbers for car rentals.
Response: Travelers may not be reimbursed for rental car fees
associated with rental car loyalty points because these are not
official expenses. 5 U.S.C. 5706 permits reimbursement of actual and
necessary travel expenses only. Changing the rental car agreements and
the ETS2 contract are not within the scope of the Office of Government-
wide Policy, thus proposed language will not change.
Comment: One respondent stated that the requirement to consider the
total cost of travel using a rental car versus personal vehicle does
not include the cost of official time spent obtaining a rental vehicle,
which the commenter stated was comparatively large. The commenter
argued that time spent in making detailed comparisons will eliminate
any potential cost savings.
Response: A POV should be authorized only after the agency
considers a common carrier, a Government-furnished automobile, and a
rental car, and the employee agrees to use a POV. The final rule has
been changed to make this order of preference clearer. The comparison
should include all costs associated with the trip.
Comment: One commenter recommended adding the language, ``if the
estimated cost for the use of a privately owned vehicle is $100 or
less, no documentation of the cost savings should be required''. The
commenter stated that this is because the direct costs (rental fees and
local rental taxes, travel cost for driving to and parking at the
rental car site), plus the indirect costs (time to book the rental
vehicle, travel to and from the rental site, etc.) would likely always
exceed $100.
Response: From a Government-wide perspective, because each agency
has unique missions and fiscal considerations, it would not be prudent
to artificially set a threshold or arbitrary number for cost comparison
between different modes of transportation. If an agency can determine a
break-even point through historical or empirical data, they may
establish a threshold in their internal policy and procedures
documentation. This way, the cost of comparison is not repeated for all
trips when the cost is at or below that determined threshold. Proposed
language will not change.
C. 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 final 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.
D. Regulatory Flexibility Act
This final 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 final 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.
E. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because these 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.
F. Small Business Regulatory Enforcement Fairness Act
This final rule is also exempt from Congressional review prescribed
under 5 U.S.C. 801. This final 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: May 4, 2015.
Denise Turner Roth,
Acting Administrator of General Services.
For the reasons set forth in the preamble, pursuant to 5 U.S.C.
5701-5711, GSA amends 41 CFR parts 300-3, 301-10 and 301-70 as set
forth below:
PART 300-3--GLOSSARY OF TERMS
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1. The authority citation for 41 CFR part 300-3 continues 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, Office of
Management and Budget Circular No. A-126, revised May 22, 1992.
Sec. 300-3.1 [AMENDED]
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2. Amend Sec. 300-3.1, in the definition of ``Government-furnished
automobile'', by--
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a. Removing from paragraph (b) the phrase ``the GSA Interagency Fleet
Management System'' and adding the phrase ``GSA Fleet'' in its place.
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b. Removing from paragraph (c) the phrase ``60 days'' and adding the
phrase ``120 days'' in its place.
PART 301-10--TRANSPORTATION EXPENSES
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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.
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4. Amend Sec. 301-10.5 by revising the section heading and adding
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-furnished 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). POVs should be determined to be
the most advantageous method of transportation only after your agency
evaluates the use of a common carrier, a Government-furnished
automobile, and a rental car.
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5. Revise the undesignated center heading preceding Sec. 301.10-220 to
read as follows:
Government-Furnished Automobiles
* * * * *
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6. Revise Sec. 301-10.309 to read as follows:
Sec. 301-10.309 What will I be reimbursed if I am authorized to use
common carrier transportation or a rental vehicle and I use a POV
instead?
You will be reimbursed the applicable POV rate on a mileage basis,
plus per diem, not to exceed the total constructive cost of the
authorized method of common carrier transportation plus per diem. Your
agency must determine the constructive cost of transportation and per
diem by common carrier under the rules in Sec. 301-10.310.
0
7. Revise Sec. 301-10.310 to read as follows:
[[Page 27261]]
Sec. 301-10.310 What will I be reimbursed if I am authorized to use a
Government-furnished automobile and I use a privately owned automobile
instead?
You will be reimbursed based on a constructive mileage rate limited
to the cost that would be incurred for use of a Government automobile.
This rate will be published in an FTR bulletin available at http://www.gsa.gov/ftr. If your agency determines the cost of providing a
Government-furnished automobile would be higher because of unusual
circumstances, it may allow reimbursement not to exceed the mileage
rate for a privately owned automobile. In addition, you may be
reimbursed other allowable expenses as provided in Sec. 301-10.304.
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8. Amend Sec. 301-10.450 by revising the section heading and adding
paragraphs (c) through (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
(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.
(6) When necessary for safety reasons, such as during severe
weather or having to travel on rough or difficult terrain.
(d) Travelers are not to 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.
However, if it is not possible to refuel completely prior to returning
the vehicle because of safety issues or the location of closest fueling
station, travelers will be reimbursed for vendor refueling charges.
(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
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9. 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.
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10. Amend Sec. 301-70.101 by adding paragraphs (c) through (e) 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?
* * * * *
(c) When travel must be performed by automobile, agencies should
next consider using a Government-furnished automobile.
(d) If a Government-furnished automobile is not available, agencies
should then consider using the least expensive compact rental vehicle.
(e) Agencies should lastly consider authorizing a POV only if the
employee agrees to use a POV, because agencies cannot mandate employees
to use their POV for official reasons.
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11. 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), as well as on 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]
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12. Amend Sec. Sec. 301-10.5, 301-10.200, 301-10.220, 301-10.310 and
301-70.104 by removing the words ``Government automobile'' wherever
they appear and adding ``Government-furnished automobile'' in their
places.
[FR Doc. 2015-11459 Filed 5-12-15; 8:45 am]
BILLING CODE 6820-14-P