[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2397-2398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-563]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 301-10

[FTR Amendment 2009-01; FTR Case 2009-301; Docket 2009-0001]
RIN 3090-AI84


Federal Travel Regulation; Privately Owned Vehicle Mileage 
Reimbursement

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: GSA is amending the Federal Travel Regulation (FTR) to 
decrease the mileage reimbursement rates for privately owned 
automobiles (POA), motorcycles, and airplanes when used for official 
travel. The new rates reflect the current vehicle operating costs as 
determined by investigations conducted by GSA. The governing regulation 
sets the mileage reimbursement allowance for a POA at $0.55, 
motorcycles at $0.52, and airplanes at $1.24, when used for official 
purposes.

DATES: Effective Date: This final rule is effective January 15, 2009.
    Applicability Date: This final rule is applicable for official 
travel performed on and after January 1, 2009.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VPR), Room 
4041, GSA Building, Washington, DC 20405, (202) 501-4755, for 
information pertaining to status or publication schedules. For 
clarification of content, contact Ms. Marcerto Barr, Program Analyst, 
Office of Governmentwide Policy, Travel Management Policy, at (202) 
208-7654. Please cite FTR Amendment 2009-01; FTR case 2009-301.

SUPPLEMENTARY INFORMATION:

A. Background

    Pursuant to 5 U.S.C. 5707(b), the Administrator of General Services 
has

[[Page 2398]]

the responsibility to establish POV mileage reimbursement rates that 
Federal employees are entitled to when they use a POA, motorcycle or 
airplane for official business. To set the rates, GSA is required to 
periodically investigate the cost to Government employees of operating 
a POV while on official travel, and consult with the Secretaries of 
Defense and Transportation, and representatives of Government employee 
organizations. GSA conducted investigative reports on the mileage rates 
for motorcycles and airplanes. The Internal Revenue Service (IRS) 
conducted an investigative report on the mileage rates for a POA to 
compute the deductible cost of operating passenger vehicles for 
business purposes. GSA analyzed the data in the IRS report and adopted 
the findings. After consultation with the above-referenced Federal 
agencies and Government employee organizations, the Administrator of 
General Services has determined that the per mile operating costs for 
the official use of a POA (including trucks) is $0.55, $0.52 for 
motorcycles, and $1.24 for airplanes. As provided in 5 U.S.C. 
5704(a)(1), the POA mileage reimbursement rate cannot exceed the single 
standard mileage rate established by the IRS. The IRS announced a new 
single standard mileage rate for automobiles of $0.55 per mile 
effective January 1, 2009. The results of the investigative reports 
have been reported to Congress.

B. Executive Order 12866

    This is not a significant regulatory action, and therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This final 
rule is not a major rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

    This final rule is not required to be published in the Federal 
Register for notice and comment, and therefore, the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., does not apply.

D. 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.

E. Small Business Regulatory Enforcement Fairness Act

    This final rule is also exempt from congressional review prescribed 
under 5 U.S.C. 801 since it relates solely to agency management and 
personnel.

List of Subjects in 41 CFR Part 301-10

    Government employees, Travel and transportation expenses.

    Dated: January 2, 2009.
James A. Williams,
Acting Administrator of General Services.

0
For the reasons set forth in the preamble, under 5 U.S.C. 5701-5709, 
GSA amends 41 CFR part 301-10 as set forth below:

PART 301-10--TRANSPORTATION EXPENSES

0
1. 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, 
Office of Management and Budget Circular No. A-126, ``Improving the 
Management and Use of Government Aircraft.'' Revised April 28, 2006.


0
2. Amend the table in Sec.  301-10.303 by revising the second, third, 
and fourth entries to read as follows:


Sec.  301-10.303  What am I reimbursed when use of a POV is determined 
by my agency to be advantageous to the Government?

------------------------------------------------------------------------
                                                               Your
                   For use of a . . .                     reimbursement
                                                             is . . .
------------------------------------------------------------------------
 
                                * * * * *
Privately owned airplane...............................        \1\ $1.24
Privately owned automobile.............................        \1\ $0.55
Privately owned motorcycle.............................        \1\ $0.52
------------------------------------------------------------------------
\1\ Per mile.


    Note: This attachment will not appear in the code of Federal 
Regulations.

Attachment to Preamble

GENERAL SERVICES ADMINISTRATION

REPORTING TO CONGRESS--THE COSTS OF OPERATING PRIVATELY OWNED VEHICLES

    Paragraph (b) of Section 5707 of Title 5, United States Code, 
requires the Administrator of General Services to periodically 
investigate the cost to Government employees of operating privately 
owned vehicles (airplanes, automobiles, and motorcycles) while on 
official business, to report the results of the investigations to 
Congress, and to publish the report in the Federal Register. This 
report on privately owned vehicle reimbursement rates is being 
published in the Federal Register.

Dated: January 2, 2009.

James A. Williams,
Acting Administrator of General Services.

Reporting to Congress--The Costs of Operating Privately Owned Vehicles

    5 U.S.C. 5707(b)(1)(A) requires that the Administrator of General 
Services, in consultation with the Secretary of Defense, the Secretary 
of Transportation, and representatives of Government employee 
organizations, conduct periodic investigations of the cost of travel 
and operation of privately owned vehicles (airplanes, automobiles, and 
motorcycles) to Government employees while on official business, and 
report the results to Congress at least once a year. 5 U.S.C. 
5707(a)(1) requires that the Administrator of General Services issue 
regulations, including the prescription of mileage reimbursement rates. 
Pursuant to 5 U.S.C. 5707(b), the Administrator shall also determine 
the average, actual cost per mile for the use of each type of privately 
owned vehicle based on the results of cost investigations. Such figures 
must be reported to the Congress within 5 working days after the cost 
determination has been made in accordance with 5 U.S.C. 5707(b)(2)(C).
    GSA conducted investigative reports on the mileage rates for 
motorcycles and airplanes. The Internal Revenue Service (IRS) conducted 
an investigative report on the mileage rates for a POA to compute the 
deductible cost of operating passenger vehicles for business purposes. 
GSA analyzed the data in the IRS report and adopted the findings. As 
provided in 5 U.S.C. 5704(a)(1), the POA mileage reimbursement rate 
cannot exceed the single standard mileage rate established by the IRS. 
The IRS announced the new single standard mileage rate of $0.55 per 
mile for automobiles, effective January 1, 2009. Based on the 
investigative reports, and in consultation with the above-specified 
parties, I have determined that the per mile operating costs for the 
official use of a POV is as follows: $0.55 for POAs (including trucks), 
$0.52 for motorcycles, and $1.24 for airplanes. This report to Congress 
on the cost of operating POVs will be published in the Federal 
Register.

[FR Doc. E9-563 Filed 1-14-09; 8:45 am]
BILLING CODE 6820-14-P