32106 Federal Register / Vol. 87, No. 103 / Friday, May 27, 2022 / Proposed Rules 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASW TX E5 Corsicana, TX [Amended] 

C. David Campbell Field-Corsicana 

Municipal Airport, TX 

(Lat. 32°01′41′′ N, long. 96°24′02′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of C. David Campbell Field-Corsicana 

Municipal Airport. 

Issued in Fort Worth, Texas, on May 24, 

2022. 

Martin A. Skinner, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2022–11408 Filed 5–26–22; 8:45 am] 

BILLING CODE 4910–13–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 301–10 and 301–70 

[FTR Case 2022–01; Docket Number GSA– 

FTR–2022–0010, Sequence 1] 

RIN 3090–AK61 

Federal Travel Regulation (FTR); 

Constructive Cost 

AGENCY: Office of Government-wide 

Policy (OGP), General Services 

Administration. 

ACTION: Proposed rule. 

SUMMARY: GSA proposes to amend the 

Federal Travel Regulation (FTR) to 

clarify the concept of ‘‘constructive 

cost’’ as it relates to temporary duty 

travel, and clarify a section regarding 

what mode of transportation agencies 

should compare privately owned 

vehicle costs to when preparing a cost 

construction. These clarifications are 

intended to produce better estimates for 

decision makers. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addresses 

shown below on or before July 26, 2022 

to be considered in the formation of the 

proposed rule. 

ADDRESSES: Submit comments in 

response to FTR case 2022–01 to: 

Regulations.gov: https://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching for ‘‘FTR Case 2022–01’’. 

Select the link ‘‘Comment Now’’ that 

corresponds with FTR Case 2022–01. 

Follow the instructions provided at the 

‘‘Comment Now’’ screen. Please include 

your name, company name (if any), and 

‘‘FTR Case 2022–01’’ 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 2022–01, 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: Ms. 

Jill Denning, Office of Government-wide 

Policy, at 202–208–7642 or email at 

travelpolicy@gsa.gov for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

The Regulatory Secretariat (M1V1CB), at 

1800 F Street NW, Washington, DC 

20405, 202–501–4755 or email at 

GSARegSec@gsa.gov. Please cite FTR 

case 2022–01. 

SUPPLEMENTARY INFORMATION: 

I. Background 

GSA is proposing to amend the FTR 

to clarify the concept of ‘‘constructive 

cost’’ as it relates to temporary duty 

travel, and clarify a section regarding 

what mode of transportation agencies 

should compare privately owned 

vehicle (POV) costs to when preparing 

a cost construction. 

When employees perform official 

business away from their official station, 

agencies must select the transportation 

method most advantageous to the 

Government, when cost and other 

factors are considered. Travel must be 

by the most expeditious means of 

transportation practicable and 

commensurate with the nature and 

purpose of the duties. In addition, the 

agency must consider energy 

conservation, total cost to the 

Government (including costs of per 

diem, overtime, lost work time, and 

actual transportation cost), total 

distance traveled, number of points 

visited, and number of travelers. The 

most advantageous transportation mode 

by order of precedence is common 

carrier, Government-furnished 

automobile, and rental car. An agency 

may authorize the use of a POV only 

after the agency evaluates the advantage 

of using the other modes of 

transportation. 

Federal employees may choose to use 

a POV while on temporary duty (TDY) 

travel regardless of the mode of 

transportation the agency directs in the 

travel authorization. However, if the 

agency has directed the employee to use 

a mode of transportation other than POV 

because it is more advantageous to the 

Government, the agency must perform a 

cost comparison, known as a 

constructive cost exercise, to determine 

how much the agency should reimburse 

the traveler when they choose a POV 

over the agency-selected mode of 

transportation. If the mode of 

transportation the agency has 

authorized is less than the cost of 

traveling by POV, the employee only 

receives that limited amount, regardless 

of how much it costs to use a POV. If 

the constructive cost shows that the 

POV cost is less than the agencyselected mode, then the employee will 

receive the total POV-related costs. 

(Agencies are reminded that the FTR 

does not authorize agencies to require 

that employees use their POV for TDY 

travel, even if the costs will be less for 

the Government.) 

GSA is aware that agencies often 

mistakenly calculate TDY constructive 

costs by only comparing the selected 

transportation mode with the POV 

mileage rates without also factoring in 

related travel costs, such as per diem 

expenses, parking, baggage fees, etc. Not 

factoring in these other costs leads to an 

incomplete calculation of the total 

‘‘constructive’’ travel cost that 

employees may incur. 

The Civilian Board of Contract 

Appeals (CBCA) and its predecessor 

board, the General Services Board of 

Contract Appeals (GSCBA) have, in 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 103 / Friday, May 27, 2022 / Proposed Rules 32107 

their holdings on TDY constructive 

costs, opined that when comparing the 

total allowable costs for travel by a 

mode other than that most advantageous 

to the Government, with the 

constructive cost of traveling by the 

authorized mode, agencies should think 

through the complete travel experience 

and include other potential costs. (See 

In Re Yates, GSBCA No. 15109–TRAV 

(Jan. 28, 2000); In the Matter of Stephen 

M. England, CBCA 3903–TRAV (Jan. 30, 

2015)). For example, if an employee was 

authorized to travel by air via common 

carrier but chose to travel by POV, in 

calculating the constructive cost of air 

travel the agency should include 

potential costs such as the expected cost 

of lodging as well as meals, incidentals, 

airfare, baggage, use of a rental car, and 

transportation to and from the airport 

using a taxi or transportation network 

company (TNC), and perhaps others 

depending on the individual’s situation. 

Even though these costs may not 

actually be incurred when the employee 

uses their POV instead of flying via a 

common carrier, they should be 

included in the agency’s constructive 

cost analysis to determine how much 

the authorized mode would have cost 

the agency in total. 

GSA anticipates there may be 

negligible cost savings because of this 

change in the regulation. The preferred 

methods of travel are not changing, and 

agencies will still be required to select 

the method of travel that provides the 

best value to the government. By better 

understanding how constructive costs 

are calculated, agencies should be less 

likely to authorize any higher-cost POV 

travel (except in rare instances when all 

preferred methods are not available or 

practicable). Agencies will likely spend 

less administrative time defending cost 

construction calculations that may have 

been unclear or confusing to the 

traveler. 

Additionally, GSA proposes to clarify 

the constructive cost methodology 

stated in § 301–10.309. GSA amended 

this section in 2015 to include the use 

of rental cars as a potential 

transportation option that agencies 

could authorize on TDY in addition to 

the use of common carriers (80 FR 

27259). However, when determining the 

constructive cost, the section currently 

states that agencies should not exceed 

the total constructive cost of the 

‘‘authorized method of common carrier 

transportation,’’ when it should read 

‘‘authorized method of transportation’’ 

as is consistent with 41 CFR 301– 

70.105(a). Agencies are directed to limit 

reimbursement to the authorized 

method of transportation (to include 

rental cars), rather than to the 

authorized method of common carrier 

(excludes rental cars). It is clear in the 

background section of the 2015 

amendment that is what GSA intended, 

but at that time the FTR was not 

accurately amended to reflect the 

agency’s intent. 

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 proposed rule is not 

expected to be a significant regulatory 

action, and therefore, is not subject to 

review under Section 6(b) of E.O. 12866, 

Regulatory Planning and Review, dated 

September 30, 1993. 

III. Congressional Review Act 

OIRA has determined that this 

proposed rule is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Additionally, this proposed rule is 

excepted from Congressional Review 

Act reporting requirements prescribed 

under 5 U.S.C. 801 since it relates to 

agency management or personnel under 

5 U.S.C. 804(3). 

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. 

V. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

Federal Travel Regulation 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 Parts 301–10 

and 301–70 

Government employees, Travel and 

transportation expenses. 

Krystal J. Brumfield, 

Associate Administrator, Office of 

Governmentwide Policy. 

For the reasons set forth in the 

preamble GSA proposes to amend 41 

CFR parts 301–10 and 301–70 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 May 22, 1992. 

■ 2. Revise § 301–10.309 to read as 

follows: 

§ 301–10.309 What will I be reimbursed if 

I am authorized to use common carrier 

transportation or a rental vehicle and I use 

a POV instead? 

You will be reimbursed the applicable 

POV rate on a mileage basis, plus per 

diem and related travel expenses, not to 

exceed the total constructive cost of the 

authorized method of transportation. 

Your agency must determine the 

constructive cost in accordance with 

§ 301–70.105(a). 

PART 301–70—INTERNAL POLICY 

AND PROCEDURE REQUIREMENTS 

■ 3. The authority citation for 41 CFR 

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 A–123, 

Appendix B, revised August 27, 2019. 

■ 4. Amend § 301–70.105 by revising 

paragraph (a) to read as follows: 

§ 301–70.105 May we prohibit an employee 

from using a POV on official travel? 

* * * * * 

(a) Limit reimbursement to the 

constructive cost of the authorized 

method of transportation, which is the 

sum of travel and transportation 

expenses the employee would 

reasonably have incurred had the 

employee traveled by the method of 

transportation deemed to be most 

advantageous to the Government. The 

calculation will necessarily involve 

assumptions. Examples of related 

expenses that could be considered 

constructive costs include, but are not 


jspears on DSK121TN23PROD with PROPOSALS1
32108 Federal Register / Vol. 87, No. 103 / Friday, May 27, 2022 / Proposed Rules 

limited to, taxi and TNC fares, baggage 

fees, rental car costs, tolls, ferry fees, 

and parking charges; and 

* * * * * 

■ 5. Amend § 301–70.506 by revising 

paragraph (b) to read as follows: 

§ 301–70.506 How do we define actual cost 

and constructive cost when an employee 

interrupts a travel assignment because of 

an incapacitating illness or injury? 

* * * * * 

(b) Constructive cost is the sum of 

travel and transportation expenses the 

employee would reasonably have 

incurred for round-trip travel between 

the official station and the alternate 

location plus per diem calculated for the 

appropriate en route travel time. The 

calculation will necessarily involve 

assumptions. Examples of related 

expenses that could be considered 

constructive costs include, but are not 

limited to, taxi and TNC fares, baggage 

fees, rental car costs, tolls, ferry fees, 

and parking charges. 

[FR Doc. 2022–11096 Filed 5–26–22; 8:45 am] 

BILLING CODE 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 393 

[Docket No. FMCSA–2022–0004] 

Parts and Accessories Necessary for 

Safe Operations; Speed Limiting 

Devices 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Advance notice of supplemental 

proposed rulemaking; extension of 

comment period. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) extends 

the comment period for its May 4, 2022, 

advance notice of supplemental 

proposed rulemaking concerning its 

intent to proceed with a speed limiter 

rulemaking. FMCSA received requests 

for an extension to the comment period 

from the American Trucking 

Associations (ATA) and the OwnerOperator Independent Drivers 

Association (OOIDA). Extension of the 

comment period will provide interested 

parties additional time to submit their 

responses. Therefore, the Agency 

extends the deadline for the submission 

of comments. 

DATES: The comment period for the 

advance notice of supplemental 

proposed rulemaking is extended from 

June 3, 2022 to July 18, 2022. Comments 

must be received on or before July 18, 

2022. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2022–0004 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/document/ 

FMCSA-2022-0004-0001. Follow the 

online instructions for submitting 

comments. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: Dockets 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Room W12–140, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 

• Fax: (202) 493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments, 

including information collection 

comments for the Office of Information 

and Regulatory Affairs, OMB. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Luke Loy, Office of Vehicle and 

Roadside Operations, FMCSA, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001; (202) 366–0676; MCPSV@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, call Dockets Operations at (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for the 

advance notice of supplemental 

proposed rulemaking (FMCSA–2022– 

0004), indicate the specific section of 

the document to which your comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so FMCSA recommends that you 

include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so FMCSA can contact you if there are 

questions regarding your submission. 

To submit your comment online, go to 

https://www.regulations.gov/document/ 

FMCSA-2022-0004-0001, click 

‘‘Comment,’’ and type your comment 

into the text box on the following 

screen. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period. 

Confidential Business Information (CBI) 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

responsive to the advance notice of 

supplemental proposed rulemaking 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to the advance notice of 

supplemental proposed rulemaking, it is 

important that you clearly designate the 

submitted comments as CBI. Please 

mark each page of your submission that 

constitutes CBI as ‘‘PROPIN’’ to indicate 

it contains proprietary information. 

FMCSA will treat such marked 

submissions as confidential under the 

Freedom of Information Act, and they 

will not be placed in the public docket. 

Submissions containing CBI should be 

sent to Mr. Brian Dahlin, Chief, 

Regulatory Evaluation Division, Office 

of Policy, FMCSA, 1200 New Jersey 

Avenue SE, Washington DC 20590– 

0001. Any comments FMCSA receives 

not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

B. Viewing Comments and Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2022-0004/document and 

choose the document to review. To view 

comments, click the advance notice of 

supplemental proposed rulemaking, 

then click ‘‘Browse Comments.’’ If you 

do not have access to the internet, you 

may view the docket online by visiting 


jspears on DSK121TN23PROD with PROPOSALS1