Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 2397 

transportation agreement to which the 

United States Government and the 

government of a foreign country are 

parties, and which the Department of 

Transportation has determined meets 

the requirements of the Fly America 

Act. 

The United States Government has 

entered into several air transportation 

agreements which allow federallyfunded passengers to use foreign air 

carriers under certain circumstances. 

For example, on April 30, 2007, the 

United States-European Union ‘‘Open 

Skies’’ Air Transport Agreement (US-EU 

Open Skies Agreement) was signed, 

providing EU member airlines the right 

to transport passengers and cargo on 

scheduled and charter flights funded by 

the United States Government under 

certain conditions. On March 4, 2008, 

GSA published a proposed rule in the 

Federal Register (73 FR 11576) with a 

request for comments concerning a 

proposal that would incorporate the USEU Open Skies Agreement language 

pertaining to United States Government 

funded travelers into the FTR. Only one 

comment was received from the 

Association of Private Voluntary 

Organization Financial Managers 

(APVOFM). APVOFM strongly 

supported the proposed rule. 

However, since the issuance of the 

proposed rule, the United States has 

also signed air transport agreements 

with Australia and Switzerland that 

include text relating to United States 

Government procured transportation. 

The provisions in both the Australia and 

Switzerland agreements became 

effective on October 1, 2008. 

Accordingly, rather than amend the 

FTR to include language from these 

agreements, and thereafter amending the 

FTR each time future agreements are 

signed, GSA is issuing this final rule to 

provide for an Internet based source 

(http://www.gsa.gov/openskies) of 

information relating to air transportation 

agreements that impact United States 

Government funded transportation. This 

approach will allow GSA to quickly 

provide and update relevant 

information to Federal agencies as new 

agreements are signed or current 

agreements are amended without 

invoking the regulatory process. In the 

future, if GSA determines that further 

guidance is necessary, GSA will issue 

FTR Bulletins as appropriate. 

B. Executive Order 12866 

This final rule 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 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 to agency 

management and personnel. 

List of Subjects in 41 CFR Part 301–10 

Government employees, Travel and 

transportation expenses. 

Dated: December 12, 2008. 

James A. Williams, 

Acting Administrator of General Services. 

■ For the reasons set forth in the 

preamble, GSA amends 41 CFR part 

301–10 as follows: 

PART 301–10—TRANSPORTATION 

ALLOWABLE 

■ 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. 

■ 2. Amend § 301–10.135 by revising 

paragraph (b) to read as follows: 

§ 301–10.135 When must I travel using 

U.S. Flag air carrier service? 

* * * * * 

(b) The transportation is provided 

under a bilateral or multilateral air 

transportation agreement to which the 

United States Government and the 

government of a foreign country are 

parties, and which the Department of 

Transportation has determined meets 

the requirements of the Fly America 

Act. 

(1) Information on bilateral or 

multilateral air transportation 

agreements impacting United States 

Government procured transportation 

can be accessed at http://www.gsa.gov/ 

openskies; and 

(2) If determined appropriate, GSA 

may periodically issue FTR Bulletins 

providing further guidance on bilateral 

or multilateral air transportation 

agreements impacting United States 

Government procured transportation. 

These bulletins may be accessed at 

http://www.gsa.gov/bulletins. 

* * * * * 

[FR Doc. E9–560 Filed 1–14–09; 8:45 am] 

BILLING CODE 6820–14–P 

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. 

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 

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2398 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 

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. 

■ 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 

■ 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. 

■ 2. Amend the table in § 301–10.303 by 

revising the second, third, and fourth 

entries to read as follows: 

§ 301–10.303 What am I reimbursed when 

use of a POV is determined by my agency 

to be advantageous to the Government? 

For use of a . . . Your reimbursement is . . . 

* * * * * 

Privately owned airplane .... 1 $1.24 

Privately owned automobile 1 $0.55 

Privately owned motorcycle 1 $0.52 

1Per 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 

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