[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:
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#f89b81d69f8a9d9d96919c9f9db89f8b99d69f978e"><span class="__cf_email__" data-cfemail="fc9f85d29b8e99999295989b99bc9b8f9dd29b938a">[email protected]</span></a>. 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


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