[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Proposed Rules]
[Pages 62588-62590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24498]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 300-3, 301-10, and 301-70

[FTR Case 2014-302; Docket 2014-0014, Sequence 1]
RIN 3090-AJ48


Federal Travel Regulation; Enhancement of Privately Owned Vehicle 
and Rental Vehicle Policy

AGENCY: Office of Government-wide Policy (OGP), General Services 
Administration (GSA).

ACTION: Proposed rule.

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SUMMARY: GSA is proposing to amend the Federal Travel Regulation (FTR) 
by requiring agencies to have an internal policy for determining 
whether to authorize a privately owned vehicle (POV), as opposed to a 
rental car, in conjunction with temporary duty travel (TDY). Further, 
GSA proposes to specify that travelers, who have been authorized to 
travel via common carrier or rental car, and choose to use a POV 
instead, will be reimbursed at the applicable POV mileage rate. Also, 
this amendment proposes to add specific provisions addressing the type 
of rental vehicles travelers must use, as well as pre-paid refueling 
options and other rental car surcharges. Finally, this amendment 
proposes to make certain miscellaneous corrections, where applicable.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat at one of the addresses shown below on or before 
December 19, 2014 to be considered in the formation of the final rule.

ADDRESSES: Submit comments identified by FTR Case 2014-302 by any of 
the following methods:
    <bullet> Federal eRulemaking Portals: http://www.regulations.gov. 
Submit comments via the Federal eRulemaking portal by searching for 
``FTR Case 2014-302.'' Select the link ``Comment Now'' that corresponds 
with ``FTR Case 2014-302'' and follow the instructions provided at the 
screen. Please include your name, company name (if any), and ``FTR Case 
2014-302'' on your attached document.
    <bullet> Fax: 202-208-1398.
    <bullet> Mail: General Services Administration, Regulatory 
Secretariat (MVCB), Attn. Ms. Hada Flowers, 1800 F Street NW., 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FTR Case 2014-
302 in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Cy Greenidge, Program Analyst, Office of Government-wide Policy, at 
202-219-2349. Contact the Regulatory Secretariat (MVCB), 1800 F Street 
NW., Washington, DC 20405, 202-501-4755, for information pertaining to 
status or publication schedules. Please cite FTR case 2014-302.

SUPPLEMENTARY INFORMATION: 

A. Background

    The FTR already provides for determining when the use of a POV or 
rental vehicle in conjunction with TDY could be advantageous to the 
Government (see FTR Part 301-10, Subparts D and E, and Part 301-70, 
Subpart B). The FTR also advises that when using a rental vehicle, 
travelers should consider renting a vehicle from a vendor that 
participates in the Defense Travel Management Office's (DTMO) U.S. 
Government Car Rental Agreement to avail themselves of the Agreement's 
benefits (see FTR section 301-10.450). It has been determined that more 
specific guidance regarding the use of POVs and rental cars will save 
agencies money when authorizing employees to travel. This proposed rule 
provides that agencies must have an internal policy for determining 
whether to authorize a POV, as opposed to a rental car, in conjunction 
with TDY. Additionally, GSA proposes specifying that travelers who have 
been authorized by their agencies to travel via common carrier or 
rental car, and choose to use a POV instead, will be reimbursed at the 
applicable POV mileage rate up to the constructive cost of the 
authorized mode of transportation plus per diem. Further, this 
amendment proposes that travelers who are authorized to use a rental 
car in conjunction with TDY must use the least expensive compact car 
available. This amendment also proposes that travelers will not be 
reimbursed for pre-paid refueling options for rental cars. Moreover, 
this amendment proposes that agencies may not reimburse travelers 
surcharges involved when rental car companies purchase miles from 
airlines and provide those miles to their vehicle customers. Finally, 
this amendment also proposes to make certain miscellaneous corrections, 
where applicable.

B. 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 a significant regulatory action, and 
therefore, was not subject to review under Section 6(b) of E.O. 12866, 
Regulatory Planning and Review, dated September 30, 1993.

C. Regulatory Flexibility Act

    This proposed rule would 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 proposed rule is 
also exempt from the Administrative Procedure Act pursuant to 5 U.S.C. 
553(a)(2) because it applies to agency management or personnel.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
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 proposed rule is also exempt from Congressional review 
prescribed

[[Page 62589]]

under 5 U.S.C. 801. This proposed rule is not a major rule under 5 
U.S.C. 804.

List of Subjects in 41 CFR Parts 300-3, 301-10, and 301-70

    Administrative practices and procedures, Government employees, 
Travel and transportation expenses.

    Dated: August 14, 2014.
Christine J. Harada,
Associate Administrator, Office of Government-wide Policy.

    For the reasons set forth in the preamble, pursuant to 5 U.S.C. 
5701-5711, GSA proposes to amend 41 CFR parts 300-3, 301-10, and 301-70 
as set forth below:

PART 300-3--GLOSSARY OF TERMS

0
1. The authority citation for 41 CFR part 300-3 is revised 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, OMB Circular 
No. A-126, revised May 22, 1992.


Sec.  300-3.1  [Amended]

0
2. Amend Sec.  300-3.1 by--
0
a. In the term ``Government-furnished automobile'', removing the word 
``furnished'' and adding the word ``owned'' in its place and by adding 
the acronym ``(GOA)'' after the word ``automobile''.
0
b. In the term and definition for ``Government-furnished vehicle'', 
removing the word ``furnished'' and adding the word ``owned'' wherever 
it appears.
0
c. In newly revised term ``Government-owned vehicle'', adding ``(GOV)'' 
after the word ``vehicle''.

PART 301-10--TRANSPORTATION EXPENSES

0
3. 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; OMB 
Circular No. A-126, revised May 22, 1992.

0
4. Amend Sec.  301-10.5 by adding new paragraphs (c) and (d) to read as 
follows:


Sec.  301-10.5  What are the presumptions as to the most advantageous 
method of transportation by order of precedence?

* * * * *
    (c) Rental car. If no Government-owned automobile is available, but 
your agency has determined that travel must be performed by automobile, 
then a rental car should be authorized.
    (d) Privately Owned Vehicle (POV). POV's should be determined to be 
the most advantageous method of transportation only after your agency 
evaluates the use of a common carrier, a Government-owned automobile, 
and a rental car.
0
5. Revise the undesignated center heading preceding Sec.  301.10-220 to 
read as follows:

Government Owned Automobiles (GOA)


Sec.  301-10.309  [Amended]

0
6. Amend Sec.  301-10.309 by--
0
a. Adding the words ``or a rental vehicle'' after the word 
``transportation'' in the section heading.
0
b. Adding the words ``the applicable POV rate'' after the word 
``reimbursed'' in the body.
0
7. Amend Sec.  301-10.450 by revising the section heading and adding 
paragraphs (c), (d), and (e) to read as follows:


Sec.  301-10.450  What are the policies when authorized to rent a 
vehicle for official travel?

* * * * *
    (c) Travelers must use the least expensive compact car available, 
unless an exception for another class of vehicle is approved. Agencies 
should approve these exceptions on a limited basis and must indicate on 
the travel authorization the reason for the exception. Your agency may 
authorize the use of other than a compact car if any of the following 
apply:
    (1) When use of other than a compact car is necessary to 
accommodate a medical disability or other special need.
    (i) A disability must be certified annually in a written statement 
by a competent medical authority. However, if the disability is a 
lifelong condition, then a one-time certification statement is 
required. Certification statements must include at a minimum:
    (A) A written statement by a competent medical authority stating 
that special accommodation is necessary;
    (B) An approximate duration of the special accommodation; and
    (C) A recommendation as to the suitable class of rental vehicle 
based on the disability.
    (ii) A special need must be certified annually in writing according 
to your agency's procedures. However, if the special need is a lifelong 
condition, then a one-time certification statement is required;
    (iii) If you are authorized under Sec.  301-13.3(a) to have an 
attendant accompany you, your agency may authorize the use of other 
than a compact car if deemed necessary by your agency.
    (2) When required because of agency mission, consistent with your 
agency's internal procedures pursuant to Sec.  301-70.102(i).
    (3) When the cost of other than a compact car is less than or equal 
to the cost of the least expensive compact car.
    (4) When additional room is required to accommodate multiple 
employees authorized to travel together in the same rental vehicle.
    (5) When travelers must carry a large amount of Government material 
incident to their official business, and a compact rental vehicle does 
not contain sufficient space.
    (d) Travelers will not be reimbursed for purchasing pre-paid 
refueling options for rental cars. Therefore, travelers should refuel 
prior to returning the rental vehicle to the drop-off location.
    (e) Travelers will not be reimbursed for fees associated with 
rental car loyalty points or the transfer of points charged by car 
companies.

PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS

0
8. The authority citation for 41 CFR part 301-70 continues 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, and OMB Circular No. A-123, Appendix B, 
revised January 15, 2009.

0
9. Amend Sec.  301-70.101 by revising paragraph (b) to read as follows:


Sec.  301-70.101  What factors must we consider in determining which 
method of transportation results in the greatest advantage to the 
Government?

* * * * *
    (b) Travel by common carrier (air, rail, bus) is considered the 
most advantageous method to perform official travel. Other methods of 
transportation may be authorized as advantageous only when the use of 
common carrier transportation would interfere with the performance of 
official business or impose an undue hardship upon the traveler, or 
when the total cost by common carrier exceeds the cost by another 
method of transportation. When this occurs, the relative total costs of 
using a GOA, the least expensive compact rental vehicle, and a POV 
should all be considered in determining which transportation method is 
the most advantageous to the Government. The relative costs of using a 
POV would only come into play if the employee chooses to use a POV 
since agencies cannot mandate employees to use their POV for official 
reasons. A determination that another method of transportation is more 
advantageous to

[[Page 62590]]

the Government than common carrier transportation will not be made on 
the basis of personal preference or inconvenience to the traveler.
0
10. Amend Sec.  301-70.102 by revising paragraphs (d), (f), and (i) to 
read as follows:


Sec.  301-70.102  What governing policies must we establish for 
authorization and payment of transportation expenses?

* * * * *
    (d) When you will consider use of a POV advantageous to the 
Government, such as travel to and from common carrier terminals or to 
the TDY location. When determining whether the use of a POV to a TDY 
location is the most advantageous method of transportation, agencies 
must consider the total cost of using a POV as compared to the total 
cost of using a rental vehicle, including rental costs, fuel, taxes, 
parking (at a common carrier terminal, etc.), and any other associated 
costs;
* * * * *
    (f) Procedures for allowing the use of a special conveyance (e.g., 
commercially rented vehicles), taking into account the requirements of 
Sec.  301-10.450;
* * * * *
    (i) Develop and issue internal guidance on what specific mission 
criteria justify approval of the use of other than coach-class 
transportation under Sec. Sec.  301-10.123(a)(4), 301-10.123(b)(9), and 
301-10.162(e), the use of other than lowest first-class under Sec.  
301-10.183(d), and the use of other than a compact rental car under 
Sec.  301-10.450(c). The justification criteria shall be entered in the 
remarks section of the traveler's authorization.
* * * * *


Sec. Sec.  301-10.5, 301-10.200, 301-10.220, 301-10.310 and 301-
70.104  [Amended]

0
11. Amend Sec. Sec.  301-10.5, 301-10.200, 301-10.220, 301-10.310 and 
301-70.104 by removing the terms ``Government automobile'' and 
``Government-furnished automobile'' wherever they appear and adding 
``GOA'' in its place.

[FR Doc. 2014-24498 Filed 10-17-14; 8:45 am]
BILLING CODE 6820-14-P