Federal Travel Regulation; Transportation Network Companies (TNC), Innovative Mobility Technology Companies, and Reporting Travel, Transportation, and Relocation Costs |
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Emily W. Murphy
General Services Administration
5 January 2018
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Rules and Regulations]
[Pages 602-605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28503]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-3, 300-70, 301-10, 301-70, Appendix C to Chapter
301, Parts 302-1, 302-4, and 304-2
[FTR Amendment 2017-01; FTR Case 2017-301; Docket No. 2017-0004,
Sequence 1]
RIN 3090-AJ89
Federal Travel Regulation; Transportation Network Companies
(TNC), Innovative Mobility Technology Companies, and Reporting Travel,
Transportation, and Relocation Costs
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Direct final rule; request for comments.
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SUMMARY: GSA is amending the Federal Travel Regulation (FTR) by adding
terms and definitions for ``innovative mobility technology company'',
``taxi'', and ``transportation network company (TNC)'', and designating
``innovative mobility technology company'' and ``TNC'' as forms of
special conveyances. In addition, this direct final rule adds a due
date by which agencies must report travel, transportation, and
relocation costs and data to GSA. These actions are required by the
Modernizing Government Travel Act.
DATES: This rule is effective on February 20, 2018 without further
notice, unless GSA receives adverse comments by February 5, 2018.
GSA will consider whether these comments are significant enough to
publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. Please see
SUPPLEMENTARY INFORMATION for more information on significant adverse
comments.
ADDRESSES: Submit comments identified by FTR Case 2017-301 by any of
the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by entering ``FTR Case
2017-301'' under the heading ``Enter Keyword or ID'' and selecting
``Search''. Select the link ``Submit a Comment'' that corresponds with
``FTR Case 2017-301'' and follow the instructions provided on the
screen. Please include your name, company name (if any), and ``FTR Case
2017-301'' on your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), Attn: Lois Mandell, 1800 F Street NW,
Washington, DC 20405.
Instructions: Please submit comments only and cite ``FTR Case 2017-
301'' in all correspondence related to this case.
All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check www.regulations.gov approximately two to three
days after submission to verify posting (except allow 30 days for
posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Cy Greenidge, Program Analyst, Office of Government-wide Policy, at
202-219-2349 or cy.greenidge@gsa.gov. For more information pertaining
to status or publication schedules, contact the Regulatory Secretariat
(MVCB), 1800 F Street NW, Washington, DC 20405, 202-501-4755. Please
cite FTR Case 2017-301.
SUPPLEMENTARY INFORMATION:
A. Public Participation
GSA is publishing this direct final rule without a prior proposed
rule because this is a noncontroversial action required by statute, and
GSA anticipates no significant adverse comments.
A significant adverse comment is defined as one where the comment
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. In determining whether a significant
adverse comment is sufficient to terminate a direct final rulemaking,
GSA will consider whether the comment raises an issue serious enough to
warrant a substantive response in a notice-and-comment process. GSA
notes that comments that are frivolous, insubstantial, or outside the
scope of the rule would not be considered adverse under this procedure.
A comment recommending a rule change in addition to the rule would not
be considered a significant adverse comment, unless the comment states
why the rule would be ineffective without the additional
[[Page 603]]
change. In addition, if a significant adverse comment applies to part
of a rule and that part can be severed from the remainder of the rule
(e.g., where a rule deletes several unrelated regulations), GSA may
adopt as final those parts of the rule that are not the subject of a
significant adverse comment. For further information about commenting
on this rule, please see the ADDRESSES section of this document.
B. Authority for This Rulemaking
With the passage of Public Law (Pub. L.) 115-34, the Modernizing
Government Travel Act (May 16, 2017), the Administrator of General
Services was mandated to prescribe regulations to provide for
reimbursement for the use of a TNC or innovative mobility technology
company by Federal employees traveling on official business under title
5, chapter 57, subchapter I of the United States Code. In addition,
Public Law 115-34 establishes a due date by which all Federal agencies
must report travel, transportation, and relocation costs and data to
the Administrator of General Services.
C. Background
In recent years, a new kind of transportation service provider,
known as TNCs, have begun operating across the United States and the
world. TNCs connect paying passengers with drivers for hire via
websites and mobile applications (``apps''). TNCs are a form of special
conveyance under the Federal Travel Regulation (FTR), and when
permissible under local laws and ordinances, may be an efficient and
cost-effective alternative to taxis or rental cars.
D. Discussion of Changes and Expected Impact of This Rule
As a result of Public Law 115-34, this direct final rule amends the
FTR by defining the terms ``innovative mobility technology company''
and ``TNC'' and listing them as special conveyances. This direct final
rule also defines the word ``taxi'' and will treat ``taxi'' and ``TNC''
as synonymous in that both are used to transport passengers for hire.
These changes will explicitly authorize Federal agencies to reimburse
employees for use of TNCs and innovative mobility technology companies
while on official travel. The changes from this final direct rule will
bring the Federal Travel Regulation more in line with modern
transportation service trends and practices.
Additionally, this direct final rule adds the statutory due date
for agency reporting of travel, transportation, and relocation costs
and data to GSA. GSA will consolidate this data and report an analysis
of it to the Office of Management and Budget (OMB) and Congress. GSA
will work with stakeholders to evaluate this data and the travel
programs to shape future policy decisions. These decisions may
incorporate new technologies to enable efficient travel by Federal
employees. Finally, all data submitted to GSA based upon changes in
this direct final rule will be transparent, published, and available
for public use along with the summarized data that is delivered to OMB
and Congress.
E. 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 direct final rule is a significant regulatory action and is
subject to review by OIRA under section 6(b) of Executive Order 12866.
GSA has further determined that this direct final rule is not a major
rule under 5 U.S.C. 804.
F. Executive Order 13771
This final rule is not subject to the requirements of E.O. 13771
(82 FR 9339, February 3, 2017) because it is related to agency
organization, management, or personnel.
G. Regulatory Flexibility Act
This direct final rule will 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 direct final
rule is also exempt from the Administrative Procedure Act pursuant to 5
U.S.C. 553(a)(2) because this direct final rule involves matters
relating to agency management or personnel.
H. 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 (OMB) under 44 U.S.C. 3501, et seq.
I. Small Business Regulatory Enforcement Fairness Act
This direct final rule is also exempt from Congressional review
prescribed under 5 U.S.C. 801. This direct final rule is not a major
rule under 5 U.S.C. 804.
List of Subjects
41 CFR Part 300-3
Government employees, Travel and transportation expenses.
41 CFR Part 300-70
Government employees, Reporting and recordkeeping requirements,
Travel and transportation expenses.
41 CFR Part 301-10
Common carriers, Government employees, Government property, Travel
and transportation expenses.
41 CFR Part 301-70
Administrative practice and procedure, Government employees,
Individuals with disabilities, Travel and transportation expenses.
41 CFR Appendix C to Chapter 301
Government employees, Travel and transportation expenses.
41 CFR Parts 302-1, 302-4, and 304-2
Government employees, Travel and transportation expenses.
Dated: December 22, 2017.
Emily W. Murphy,
Administrator.
For the reasons set forth in the preamble, GSA amends 41 CFR parts
300-3, 300-70, 301-10, 301-70, Appendix C to Chapter 301, parts 302-1,
302-4, and 304-2 as set forth below:
PART 300-3--GLOSSARY OF TERMS
0
1. The authority citation for 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.
0
2. Amend Sec. 300-3.1 by adding, in alphabetical order, the
definitions ``Innovative mobility technology company'', ``Taxi'', and
``Transportation network company (TNC)''. The additions read as
follows:
Sec. 300-3.1 What do the following terms mean?
* * * * *
Innovative mobility technology company--An organization, including
a
[[Page 604]]
corporation, limited liability company, partnership, sole
proprietorship, or any other entity, that applies technology to expand
and enhance available transportation choices, better manages demand for
transportation services, or provides alternatives to driving alone.
Note to definition of ``Innovative mobility technology
company'':
Certain jurisdictions may have limits or prohibit the operation
or use of innovative mobility technology companies. Federal
employees are expected to follow all laws, including those related
to innovative mobility technology companies, as well as choose the
most cost effective level of service.
* * * * *
Taxi--A hired car that carries passengers to a destination for a
fare based upon the distance traveled, time spent in the vehicle, other
metric, or a flat rate to and from one point to another (e.g., a flat
rate from downtown to a common carrier terminal).
* * * * *
Transportation network company (TNC)--A corporation, partnership,
sole proprietorship, or other entity, that uses a digital network to
connect riders to drivers affiliated with the entity in order for the
driver to transport the rider using a vehicle owned, leased, or
otherwise authorized for use by the driver to a point chosen by the
rider; and does not include a shared-expense carpool or vanpool
arrangement that is not intended to generate profit for the driver.
Note: Certain jurisdictions may have limits or prohibit the operation
or use of TNCs. Federal employees are expected to follow all laws,
including those related to TNCs, as well as choose the most cost
effective level of service.
* * * * *
PART 300-70--AGENCY REPORTING REQUIREMENTS
0
3. The authority citation for part 300-70 continues to read as follows:
Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20
U.S.C. 905(a); 31 U.S.C. 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118;
E.O. 11609, as amended, 3 CFR, 1971-1975 Comp., p. 586.
0
4. Amend part 300-70 by revising the heading of Subpart A to read as
follows:
Subpart A--Requirement To Report Agency Payments for Employee
Travel, Transportation, and Relocation
0
5. Amend Sec. 300-70.1 by revising the section heading and the
introductory text to read as follows:
Sec. 300-70.1 What are the requirements for reporting payments for
employee travel, transportation, and relocation?
Agencies (as defined in Sec. 301-1.1 of this subtitle) must report
total travel and transportation payments, including relocation, no
later than November 30 of each year to GSA, as described in this part:
* * * * *
0
6. Revise Sec. 300-70.2 through Sec. 300-70.4 to read as follows:
Sec. 300-70.2 What information must we report?
Information on agency reporting requirements is available at
www.gsa.gov/trip.
Sec. 300-70.3 When must we report pertinent travel, transportation,
and relocation data?
All travel, transportation, and relocation data are due by the date
prescribed in Sec. 300-70.1. The head of your agency is responsible
for ensuring this data is complete and accurate before submitting it to
GSA.
Sec. 300-70.4 Must we report travel, transportation, and relocation
data if we have major suborganizations?
Your report must cover all components of your agency.
PART 301-10--TRANSPORTATION EXPENSES
0
7. The authority citation for part 301-10 is revised to read as
follows:
Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c); 49 U.S.C. 40118;
Office of Management and Budget Circular No. A-126, ``Improving the
Management and Use of Government Aircraft.'' Revised May 22, 1992.
Sec. 301-10.3 [Amended]
0
8. Amend Sec. 301-10.3 by removing from paragraph (d) ``taxi'' and
adding ``taxi, TNC, innovative mobility technology company,'' in its
place.
0
9. Revise Sec. 301-10.308 to read as follows:
Sec. 301-10.308 What will I be reimbursed if I park my POV at a
common carrier terminal while I am away from my official station?
Your agency may reimburse your parking fee as an allowable
transportation expense not to exceed the cost of one of the following
to/from the terminal as determined by your agency:
(a) The cost of a taxi.
(b) The cost of a TNC fare.
(c) The cost of using an innovative mobility technology company.
Sec. 301-10.400 [Amended]
0
10. Amend Sec. 301-10.400 by removing from paragraph (a) ``Taxicabs''
and adding ``Taxis, TNCs, or innovative mobility technology companies''
in its place.
0
11. Revise the undesignated center heading that appears immediately
before Sec. 301-10.420 to read as follows:
Taxis, TNCs, Innovative Mobility Technology Companies, Shuttle
Services, or Other Courtesy Transportation
0
12. Amend Sec. 301-10.420 by--
0
a. Revising the section heading;
0
b. Removing from the introductory text of paragraph (a) ``taxi,'' and
adding ``taxi, TNC, innovative mobility technology company,'' in its
place; and
0
c. Removing from the introductory text of paragraph (c) ``taxicabs''
and adding ``taxis, TNCs, or innovative mobility technology companies''
in its place.
The revision reads as follows:
Sec. 301-10.420 When may I use a taxi, TNC, innovative mobility
technology company, shuttle service or other courtesy transportation?
* * * * *
0
13. Amend Sec. 301-10.421 by revising the section heading to read as
follows:
Sec. 301-10.421 How much will my agency reimburse me for a tip to a
taxi, TNC, innovative mobility technology company, shuttle service,
courtesy transportation driver, or valet parking attendant?
* * * * *
PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS
0
14. The authority citation for part 301-70 is revised 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; OMB Circular No. A-123, Appendix B, revised
January 15, 2009.
Sec. 301-70.102 [Amended]
0
15. Amend Sec. 301-70.102 by removing from paragraph (f)
``commercially rented vehicles'' and adding ``taxis, TNCs, innovative
mobility technology companies, or commercially rented vehicles'' in its
place.
Appendix C to Chapter 301 [Amended]
0
16. Amend Appendix C to Chapter 301 by--
0
a. Removing from the second table, under the heading ``Commercial
Transportation Information'', in the second column under the heading
``Data elements'', in the last entry, the word ``Taxi,'' and adding
``Taxi, TNC, Innovative mobility technology company,'' in its place.
0
b. Removing from the third table, under the heading ``Travel Expense
Information'', in the second column
[[Page 605]]
under the heading ``Data Elements'', the words ``Car rental, Taxis,
Other'' and adding ``Car rental, Taxi, TNC, Innovative mobility
technology company, Other'' in its place.
PART 302-1--GENERAL RULES
0
17. The authority citation for part 302-1 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
Sec. 302-1.102 [Removed]
0
18. Remove Sec. 302-1.102.
PART 302-4--ALLOWANCES FOR SUBSISTENCE AND TRANSPORTATION
0
19. The authority citation for part 302-4 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR
13747, 3 CFR, 1971-1973 Comp., p. 586.
Sec. 302-4.302 [Amended]
0
20. Amend Sec. 302-4.302, by removing from paragraph (b), ``taxicab
fares'' and adding ``taxi or TNC fares, or the cost of utilizing an
innovative mobility technology company,'' in its place.
PART 304-2--DEFINITIONS
0
21. The authority citation for part 304-2 continues to read as follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
Sec. 304-2.1 [Amended]
0
22. Amend Sec. 304-2.1, in the definition ``Travel, subsistence, and
related expenses (travel expenses)'', in the first sentence, by
removing ``taxi fares'' and adding ``taxi or TNC fares, or the cost of
utilizing an innovative mobility technology company,'' in its place.
[FR Doc. 2017-28503 Filed 1-4-18; 8:45 am]
BILLING CODE 6820-14-P