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Federal Travel Regulation; Alternative Fuel Vehicle Usage During Relocations Publication: Federal Register Agency: General Services Administration Byline: Krystal J. Brumfield Date: 14 March 2023 Subject: American Government 
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[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Proposed Rules]
[Pages 15635-15637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04819]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 302-4 and 302-9
[FTR Case 2022-03; Docket No. GSA-FTR-2022-0013, Sequence No. 1]
RIN 3090-AK64
Federal Travel Regulation; Alternative Fuel Vehicle Usage During
Relocations
AGENCY: Office of Government-Wide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
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SUMMARY: Consistent with the Executive Order (E.O.) on Catalyzing Clean
Energy Industries and Jobs Through Federal Sustainability, GSA is
proposing to amend the Federal Travel Regulation (FTR) to allow
agencies greater flexibility for authorizing shipment of a relocating
employee's alternative fuel-based privately-owned vehicle.
DATES: Submit comments in writing on or before May 15, 2023.
ADDRESSES: Submit comments in response to FTR case 2022-03 to:
Regulations.gov: https://www.regulations.gov. Submit comments via the
Federal eRulemaking portal by searching for ``FTR Case 2022-03''.
Select the link ``Comment Now'' that corresponds with FTR Case 2022-03.
Follow the instructions provided at the ``Comment Now'' screen. Please
include your name, company name (if any), and ``FTR Case 2022-03'' 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 2022-
03, 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: Mr. Ed Davis, Program Analyst, Office
of Government-wide Policy, at 202-669-1653 or travelpolicy@gsa.gov. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division at 202-501-4755 or GSARegSec@gsa.gov.
Please cite ``FTR Case 2022-03.''
SUPPLEMENTARY INFORMATION:
I. Background
Consistent with the goals of achieving a carbon pollution-free
electricity sector by 2035 and net-zero emissions economy-wide by no
later than 2050 as stated in E.O. 14057, Executive Order on Catalyzing
Clean Energy Industries and Jobs Through Federal Sustainability, GSA is
proposing to amend its relocation policy to apply to privately-owned
vehicles (POV) that use alternative fuel, such as electric or hydrogen.
As more Federal employees choose to purchase or lease alternative fuel
vehicles (AFVs), GSA is proposing the changes to support adoption of
these vehicles that reduce greenhouse gas emissions and provide greater
flexibilities to ensure employees who own AFVs will not be
disadvantaged or inconvenienced in the event they relocate on behalf of
the government. Currently, owning an AFV may disadvantage Federal
employees when relocating to a new duty station due to limitations that
may affect the driving range of these vehicles.
GSA designed current relocation regulations for internal combustion
engine (ICE) POVs, which are easily capable of averaging a distance of
300 miles per calendar day during en route travel. This is the distance
requirement currently in place in the FTR and is considered the
reasonable minimum driving distance per calendar day when a POV is used
for permanent change of station en route travel. As technology
improves, more AFVs will be able to meet the distance requirements for
employees who relocate at the convenience of the government. However,
not all current AFVs are able to meet this distance requirement.
By the time an AFV travels 300 miles, it could take longer than a
day or require a circuitous route depending on fueling availability
along the route to the new permanent duty station. While the Bipartisan
Infrastructure Law (Pub. L. 117-58) is designed to spur the development
of nearly 500,000 charging stations in 5 years (up from current
estimates of 100,000 charging stations), the infrastructure in place
today may not meet the needs of the relocating employee with an AFV.
One focus of this law is to develop Level 3 charging stations (with a
charging rate of under 45 minutes versus the up to 5 hours for a Level
2 station).
While an agency's determination of whether to authorize shipment of
an employee's internal combustion engine (ICE) POV is straightforward,
the determination for AFVs is not so clear. Currently, an employee must
be relocating 600 miles or more for an agency to consider shipping
their ICE POV (and then, the employee would use the agency chosen
transportation method to reach their destination). Agency
considerations for authorization of POV transportation within the
continental U.S. (CONUS) largely weigh cost considerations and do not
account for the employee's ability to expediently drive their
alternative fuel POV to the new permanent duty station if shipment is
not authorized.
Many factors need consideration before the agency decides whether
to ship a relocating employee's AFV POV or authorize another method of
transportation. Agencies should consider the types of fueling stations
available and where those stations are located before deciding whether
to authorize POV shipment. Information to help with this task can be
found at the Department of Energy Alternative Fuels Center
(afdc.energy.gov). For example, with electric vehicles, if lower level
(slower) charging stations are all that are available en route to a
relocation destination, extra time and per diem may need to be
authorized for the employee to drive their POV to the new official
station (if determined to be advantageous to the Government). Further,
agencies would need to consider whether to authorize a different route
as officially necessary for the POV to recharge. Currently, hydrogen-
powered vehicles are mainly driven in California where the large
majority of this type of fueling station exists; limited fueling
stations exist outside of the state. Moreover, electric cars have
various range capabilities that they can travel after charging, and
ranges could be reduced if the car is traveling at highway speeds or in
cold weather, among other factors.
In short, this means that agency determination of whether to ship a
relocating employee's POV is much more complicated for AFVs than for
ICE vehicles. These proposed changes would provide agencies with
additional factors to help determine whether or not shipping an
employee's AFV is more cost-effective and advantageous to the
Government than authorizing the employee to drive their POV to the new
official station.
The costs of these changes would be minimal because currently only
a small percentage of POVs require alternative fuel (these
determinations are not
[[Page 15636]]
needed for hybrid vehicles that do not plug in as they do not have to
use alternative fuel; they can rely solely on gasoline). Although a
small but increasing percentage of current relocations involve AFVs and
the range capabilities and infrastructure for refueling these vehicles
is improving, the rate of future range improvements in AFVs is unknown.
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.
The Office of Management and Budget's Office of Information and
Regulatory Affairs (OIRA) has determined that this proposed rule will
be a significant regulatory action and, therefore, is subject to review
under section 6(b) of Executive Order 12866, Regulatory Planning and
Review, dated September 30, 1993.
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 it applies only to Federal agencies and employees. Therefore,
an Initial Regulatory Flexibility Analysis was not performed.
V. Regulatory Impact Analysis
This is a significant regulatory action under E.O. 12866. There are
an average of 31,423 domestic and international relocations per year
across the Federal Government.\1\ However, this data does not
differentiate between relocations within CONUS and outside the
continental U.S. (OCONUS). This proposed rule only impacts relocations
within the CONUS. In order to estimate the number of relocations within
the CONUS, GSA subtracted the number of extended storage relocations
because those reflect when Federal employees are relocated OCONUS. GSA
calculated an average of 8,561 relocations OCONUS per year across the
Federal Government. Therefore, GSA calculated a yearly average of
22,862 (= 31,423-8,561) relocations within the CONUS.
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\1\ Business Travel and Relocation Dashboard: https://d2d.gsa.gov/report/business-travel-and-relocation-dashboard.
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GSA notes that Federal agencies are not required to track
relocation data regarding types of POVs. The estimates used for this
economic analysis is based upon a small number of Federal agency inputs
and overall U.S. population trends in alternative fuel POVs. GSA
received an estimate of 3 percent alternative fuel POVs from across the
Federal agencies.
GSA calculated an average of 685 (= 22,862 x 0.03) alternative fuel
POV relocations per year by taking 3 percent of the average number of
domestic relocations, and then estimated $150 in additional shipping
cost per vehicle for the first two years.
Therefore, GSA calculated the total estimated annual cost for the
first two years to be $102,750 (= 685 vehicles x $150 per vehicle).
GSA received an estimated 1 percent alternative fuel privately
owned vehicle ownership increase from across the Federal agencies based
upon a small number of Federal agency inputs and overall U.S.
population trends in alternative fuel vehicle ownership.
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Additional
Year Annual number of EV moves cost per move Total annual added cost
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1 through 2............................. 685 (3 percent of Annual $150 $102,750.
Moves).
3 through 4............................. 691 (Assuming 1.01 percent 150 103,650.
increase).
5 through 6............................. 697 (Assuming 1.01 percent 150 104,550.
increase).
7 through 8............................. 703 (Assuming 1.01 percent 150 105,450.
increase).
9 through 10............................ 710 (Assuming 1.01 percent 150 106,500.
increase).
1 through 10 Totals..................... 6,972 Total Moves......... 150 $1,045,800 Total Cost for
10 Years.
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VI. 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 under 44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Part 302-4 and 302-9
Government employees, Travel and transportation expenses.
Krystal J. Brumfield,
Associate Administrator, Office of Government-wide Policy, General
Services Administration.
For the reasons set forth in the preamble, GSA proposes to amend 41
CFR parts 302-4 and 302-9 as set forth below:
PART 302-4--ALLOWANCES FOR SUBSISTENCE AND TRANSPORTATION
0
1. 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, 1971-1975 Comp., p. 586.
0
2. Amend Sec. 302-4.201 by revising the third sentence to read as
follows:
Sec. 302-4.201 How are my authorized en route travel days and per
diem determined for relocation travel?
* * * An exception to the daily minimum driving distance may be
made when delay is beyond control of the employee, such as when it
results from acts of God or restrictions by Governmental authorities;
when the employee is an individual with a disability, as defined by
section 501 of the Rehabilitation Act of 1973 and its implementing
regulations or has special needs; when the employee's alternative fuel
POV cannot meet the daily minimum driving distance due to
[[Page 15637]]
legitimate vehicle range capability and fueling availability
limitations; or for other reasons acceptable to the agency.
0
3. Revise Sec. 302-4.401 to read as follows:
Sec. 302-4.401 Are there exceptions to this daily minimum?
Yes, your agency may authorize exceptions to the daily minimum
driving distance when there is a delay beyond your control such as acts
of God, restrictions by Governmental authorities, other acceptable
reasons (e.g., the employee is an individual with a disability or has
special needs, or legitimate alternative fuel vehicle range capability
and fueling availability limitations). Your agency must have a
designated approving official authorize the exception.
0
4. Revise Sec. 302-4.704 to read as follows:
Sec. 302-4.704 Must we require a minimum driving distance per day?
Yes, you must establish a minimum driving distance not less than an
average of 300 miles per day. However, an exception to the daily
minimum driving distance may be made when the delay is:
(a) Beyond control of the employee, e.g., results from acts of God
or restrictions by Government authorities;
(b) Due to a disability or special need;
(c) Due to legitimate vehicle range capability and fueling
availability limitations of the employee's alternative fuel POV; or
(d) For other reasons acceptable to you.
PART 302-9--ALLOWANCES FOR TRANSPORTATION AND EMERGENCY OR
TEMPORARY STORAGE OF A PRIVATELY OWNED VEHICLE
0
5. The authority citation for part 302-9 continues to read as follows:
Authority: 5 U.S.C. 5737a; 5 U.S.C. 5738; 20 U.S.C. 905(a);
E.O. 11609, as amended, 3 CFR 1971-1975 Comp., p. 586.
0
6. Amend Sec. 302-9.4 by adding a sentence to the end of the section
to read as follows:
Sec. 302-9.4 What are the purposes of the allowance for
transportation of a POV?
* * * For example, your agency may determine that it is both
advantageous and cost effective to the Government to allow for
transportation of an alternative fuel POV which would be impractical to
drive a long distance to the new official station due to legitimate
vehicle range capability and fueling availability limitations, but has
practical use once at the new official station.
0
7. Amend Sec. 302-9.301 by revising paragraph (e) to read as follows:
Sec. 302-9.301 Under what conditions may my agency authorize
transportation of my POV within CONUS?
* * * * *
(e) The distance that the POV is to be shipped is 600 miles or
more. An exception to the 600-mile or more distance requirement may be
made for legitimate alternative fuel vehicle range capability and
fueling availability limitations.
0
8. Amend Sec. 302-9.606 by revising paragraph (f) to read as follows:
Sec. 302-9.606 What must we consider in determining whether
transportation of a POV within CONUS is cost effective?
* * * * *
(f) The distance that the POV is to be shipped is 600 miles or
more. An exception to the 600-mile distance requirement may be made for
legitimate alternative fuel vehicle range capability and fueling
availability limitations.
[FR Doc. 2023-04819 Filed 3-13-23; 8:45 am]
BILLING CODE 6820-14-P