Federal Travel Regulation; Rental Car Policy Updates and Clarifications

[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Proposed Rules]
[Pages 50863-50865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19284]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

41 CFR Parts 300-3, 301-10, 301-51, and 302-16

[FTR Case 2020-301-1; Docket No. GSA-FTR-2021-0017, Sequence No. 1]
RIN 3090-AK45


Federal Travel Regulation; Rental Car Policy Updates and 
Clarifications

AGENCY: Office of Government-wide Policy (OGP), General Services 
Administration (GSA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule would clarify that agencies can reimburse 
rental car fees (up to a certain number of days) for Outside the 
Continental United States (OCONUS) relocations as a miscellaneous 
expense allowance to account for privately owned vehicle (POV) shipping 
delays at the employee's new official station. The proposed rule also 
updates rental car insurance policy to state that the Government will 
pay for both collision damage waiver(s) and theft insurance on rental 
car used OCONUS and also clarifies that rental cars may be used for the 
same purposes as a Government vehicle (other than a Government 
aircraft). Finally, the proposed rule substitutes the terms ``gas'' and 
``gasoline'' with the term ``fuel'' where appropriate. The term 
``fuel'' is broader as it still includes gasoline as a fuel source and 
also encompasses alternate vehicle energy sources, like electricity. A 
definition of the term ``Fuel'' is added to the FTR.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat Division at the address shown below on or before 
November 12, 2021 to be considered in the formation of the final rule.

ADDRESSES: Submit comments in response to FTR case 2020-301-1 to: 
Regulations.gov: https://www.regulations.gov. Submit comments via the 
Federal eRulemaking portal by searching for ``FTR Case 2020-301-1''. 
Select the link ``Comment Now'' that corresponds with FTR Case 2020-
301-1. Follow the instructions provided at the ``Comment Now'' screen. 
Please include your name, company name (if

[[Page 50864]]

any), and ``FTR Case 2020-301-1'' on your attached document. If your 
comment cannot be submitted using https://www.regulations.gov, call or 
email the points of contact in the FOR FURTHER INFORMATION CONTACT 
section of this document for alternate instructions.
    Instructions: Please submit comments only and cite FTR Case 2020-
301-1, in all correspondence related to this case. Comments received 
generally will be posted without change to https://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.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Ed Davis, Program Analyst, Office of Government-wide Policy, at 
202-208-7638. Contact the Regulatory Secretariat Division (MVCB), 1800 
F Street NW, 2nd Floor, Washington, DC 20405, 202-501-4755, for 
information pertaining to status or publication schedules. Please cite 
FTR Case 2020-301-1, Definition for ``Fuel'', Rental Car Policy Updates 
and Clarifications.

SUPPLEMENTARY INFORMATION:

I. Background

    Federal Travel Regulation (FTR) part 302-16 authorizes agencies to 
provide eligible employees a miscellaneous expenses allowance (MEA) to 
defray some of the costs incurred while relocating. A non-exhaustive 
list of examples of allowable miscellaneous expenses can be found at 
FTR 302-16.2.
    While not specifically mentioned as an example of a reimbursable 
miscellaneous expense, the FTR allows for employees serving OCONUS to 
be reimbursed for rental car use while awaiting arrival of their POV 
due to shipment delay. The lack of specific mention of this type of 
miscellaneous expense in the FTR has caused agency confusion 
surrounding its authorization for reimbursement. Accordingly, this 
proposed rule would update the list of miscellaneous expenses examples 
in FTR 302-16.2 to explicitly include discretionary rental car 
reimbursement OCONUS, and add the caveat that such expense may only be 
authorized for up to 10 days, or until delivery of the POV, whichever 
occurs first.
    To clarify a position that is in current practice, but not 
specifically stated in the FTR, a new paragraph (f) under FTR Sec.  
301-10.450 will be added stating that a rental car may be used for the 
same purposes as a Government vehicle (other than a Government 
aircraft) under FTR Sec.  301-10.201.
    As a general rule, employees authorized to rent a vehicle for 
official travel are not reimbursed the cost of collision damage waiver 
(CDW) or theft insurance. However, employees who are required to travel 
OCONUS may be reimbursed CDW or theft insurance, but not both, based on 
the current regulatory language (FTR Sec.  301-10.451(b)). This 
proposed rule updates the FTR to reflect that both types of insurance 
can be paid when necessary.
    Finally, the proposed rule removes the terms ``gas'' and 
``gasoline'', where appropriate, and replaces it with the term 
``fuel'', and further defines fuel to account for not only gasoline, 
but also other types of vehicle power sources, such as hydrogen, 
propane, and electricity.

II. 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 is not anticipated to be 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. As this 
proposed rule is not anticipated to be a ``significant regulatory 
action,'' GSA is not required to provide an economic analysis under 
Section 6(a) of E.O. 12866.

III. Congressional Review Act

    This rule is not a major rule under 5 U.S.C. 804(2). Subtitle E of 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(codified at 5 U.S.C. 801-808), also known as the Congressional Review 
Act or CRA, generally provides that before a rule may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. OIRA has determined that this 
proposed rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

IV. Regulatory Flexibility Act

    GSA does not expect this proposed rule to 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., 
because the changes are administrative in nature and only affect 
Government employees.
    Therefore, an Initial Regulatory Flexibility Analysis has not been 
performed. GSA invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    GSA will also consider comments from small entities concerning the 
existing regulations in subparts affected by the rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C 610 (FTR Case 2020-301-1), in 
correspondence.

V. 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.

List of Subjects in 41 CFR Parts 300-3, 301-10, 301-51, and 302-16

    Government employees, Travel and transportation expenses.

Krystal J. Brumfield,
Associate Administrator, Office of Government-wide Policy.

    For the reasons set forth in the preamble, GSA proposes to amend 41 
CFR parts 300-3, 301-10, 301-51, and 302-16 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 a definition for ``Fuel'' in 
alphabetical order to read as follows:


Sec.  300-3.1   What do the following terms mean?

* * * * *
    Fuel--The energy source needed to power a vehicle. Examples 
include, but are not limited to, petroleum, hydrogen, propane, and 
electricity.
* * * * *

[[Page 50865]]

PART 301-10--TRANSPORTATION EXPENSES

0
3. The authority citation for 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; 
Office of Management and Budget Circular No. A-126, ``Improving the 
Management and Use of Government Aircraft.'' Revised May 22, 1992.

0
4. Revise Sec.  301-10.304 to read as follows:


Sec.  301-10.304  What expenses are allowable in addition to the POV 
mileage rate allowances?

    Following is a chart listing the reimbursable and non-reimbursable 
expenses:

                      Table 1 to Sec.   301-10.304
------------------------------------------------------------------------
                                            Non-reimbursable expenses
  Reimbursable expenses in addition to       included in the mileage
           mileage allowance                        allowance
------------------------------------------------------------------------
Parking fees; ferry fees; bridge, road,  Charges for repairs,
 and tunnel fees; and aircraft or         depreciation, replacements,
 airplane parking, landing, and tie-      grease, oil, antifreeze,
 down fees.                               towage and similar speculative
                                          expenses, fuel, insurance,
                                          state and Federal taxes.
------------------------------------------------------------------------

Sec.  301-10.401  [Amended]

0
5. Amend Sec.  301-10.401 by removing from paragraph (a) ``Gasoline'' 
and adding ``Fuel'' in its place.


Sec.  301-10.450  [Amended]

0
6. Amend Sec.  301-10.450 by adding paragraph (f) to read as follows:


Sec.  301-10.450   What are the policies when authorized to rent a 
vehicle for official travel?

* * * * *
    (f) A rental car may be used for the same purposes as a Government 
vehicle. See Sec.  301-10.201.
0
7. Amend Sec.  301-10.451 by revising paragraph (b) to read as follows:


Sec.  301-10.451  May I be reimbursed for the cost of collision damage 
waiver (CDW) or theft insurance?

* * * * *
    (b) Exception. You will be reimbursed for CDW or theft insurance, 
or both, when you travel outside CONUS and such insurance is necessary 
because the rental or leasing agency requirements, foreign statute, or 
legal procedures could cause extreme difficulty for an employee 
involved in an accident.

PART 301-51--PAYING TRAVEL EXPENSES

0
9. The authority citation for part 301-51 continues to read as follows:

    Authority: 5 U.S.C. 5707. Subpart A is issued under the 
authority of Sec. 2, Pub. L. 105-264, 112 Stat 2350 (5 U.S.C. 5701 
note); 40 U.S.C. 121(c).


Sec.  301-51.200  [Amended]

0
10. Amend Sec.  301-51.200 by revising paragraph (a)(3) to read as 
follows:


Sec.  301-51.200  For what expenses may I receive a travel advance?

                      Table 1 to Sec.   301-51.200
------------------------------------------------------------------------
                  For                       You may receive an advance
------------------------------------------------------------------------
(a) * * *..............................
    (3) Fuel and other variable
     expenses covered by the mileage
     allowance for advantageous use of
     a privately owned automobile for
     official business; and.
 
                              * * * * * * *
------------------------------------------------------------------------

PART 302-16--ALLOWANCE FOR MISCELLANEOUS EXPENSES

0
11. The authority citation for part 302-16 continues to read as 
follows:

    Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, as 
amended, 3 CFR 1971-1975 Comp., p. 586.

0
12. Amend Sec.  302-16.2 by revising paragraph (a) and adding an entry 
for ``Rental Car'' to the end of the table in paragraph (b) to read as 
follows:


Sec.  302-16.2  What are miscellaneous expenses?

* * * * *
    (a) Costs associated with relocating that are not covered by other 
relocation benefits detailed in chapter 302, but are covered by the 
MEA.
    (b) * * *

----------------------------------------------------------------------------------------------------------------
           General expenses                           Fees/deposits                            Losses
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Rental car...........................  Rental car fees OCONUS while awaiting
                                        shipment of POV, not to exceed 10 days or
                                        the delivery of the POV, whichever occurs
                                        first.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-19284 Filed 9-10-21; 8:45 am]
BILLING CODE 6820-14-P