Federal Travel Regulation; Removal of Privately Owned Vehicle Rates; Privately Owned Automobile Mileage Reimbursement When Government Owned Automobiles Are Authorized; Miscellaneous Amendments, 72965-72968 [2010-29730]
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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant energy
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
Regulatory Flexibility Act
This action merely approves State law
as meeting Federal requirements and
imposes no additional requirements
beyond those imposed by State law.
Accordingly, the Administrator certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
Unfunded Mandates Reform Act
Because this rule approves preexisting requirements under State law
and does not impose any additional
enforceable duty beyond that required
by State law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4).
Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it approves a
State rule implementing a Federal
Standard.
National Technology Transfer
Advancement Act
In reviewing State submissions, EPA’s
role is to approve State choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a State submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a State
submission, to use VCS in place of a
State submission that otherwise satisfies
the provisions of the CAA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
72965
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements.
Dated: November 15, 2010.
Susan Hedman,
Regional Administrator, Region 5.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart P—Indiana
2. Section 52.781 is amended by
adding paragraph (g) to read as follows:
■
§ 52.781
Rules and regulations.
*
*
*
*
*
(g) Disapproval. EPA is disapproving
326 IAC 25–2–1, 326 IAC 25–2–3 and
326 IAC 25–2–4 as revisions to the
Indiana SIP.
[FR Doc. 2010–29817 Filed 11–26–10; 8:45 am]
BILLING CODE 6560–50–P
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This rule also does not have Tribal
implications because it will not have a
substantial direct effect on one or more
Indian Tribes, on the relationship
between the Federal Government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes,
as specified by Executive Order 13175
(59 FR 22951, November 9, 2000).
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Executive Order 13132: Federalism
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a State rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act (CAA).
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Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 28, 2011. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
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GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 300–3, 301–10, 301–12,
301–30, 301–70, Chapter 301, Parts
302–1, 302–2, 302–3, 302–7, 302–11,
and 303–70
[FTR Amendment 2010–07; FTR Case 2010–
307; Docket 2010–0020, Sequence 1]
RIN 3090–AJ09
Federal Travel Regulation; Removal of
Privately Owned Vehicle Rates;
Privately Owned Automobile Mileage
Reimbursement When Government
Owned Automobiles Are Authorized;
Miscellaneous Amendments
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Final rule.
AGENCY:
GSA is amending the Federal
Travel Regulation (FTR) by removing
the Privately Owned Vehicle (POV)
rates from Section 301–10.303. These
rates will be published on a periodic
basis as FTR Bulletins by the Office of
SUMMARY:
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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations
Governmentwide Policy, Office of
Travel, Transportation and Asset
Management, and will be posted on the
Internet at https://www.gsa.gov/ftr. This
amendment also revises the
reimbursement amount for travelers
who are authorized to use a Government
Owned Automobile (GOA) for
temporary duty travel (TDY) and choose
to use their privately owned automobile
(POA) instead; updates the definition of
‘‘official station’’; clarifies various
provisions of Chapters 301, 302, and
303 regarding TDY and relocation
travel; and makes certain grammatical
corrections, where applicable.
DATES: Effective Date: This final rule is
effective November 29, 2010.
Applicability Date: This final rule is
applicable for official travel performed
on or after December 29, 2010.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat (MVCB), 1275
First Street, NE., Washington, DC,
20417, (202) 501–4755, for information
pertaining to status or publication
schedules. For clarification of content,
contact Mr. Cy Greenidge, Program
Analyst, Office of Governmentwide
Policy, at (202) 219–2349. Please cite
FTR Amendment 2010–07; FTR case
2010–307.
SUPPLEMENTARY INFORMATION:
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A. Background
Pursuant to 5 U.S.C. 5704(c), the
Administrator of General Services has
the responsibility to establish a mileage
reimbursement rate based on the cost of
travel by a Government vehicle when an
employee on official business for the
Government chooses to use a privately
owned vehicle when a Government
vehicle is authorized. This amendment,
therefore, revises the reimbursement
amount when travelers who are
authorized to use a GOA choose to use
their POA instead. This amendment also
serves as notification to the public that
all POV rates will be removed from the
FTR and periodically published in FTR
Bulletins; updates the definition of
‘‘official station’’; clarifies what baggage
expenses an agency may pay; clarifies
that the employee is responsible for all
additional expenses ‘‘that exceed the
cost of the authorized method of
transportation’’ when the employee
chooses to travel via a different method
of transportation than that which is
authorized; requires agencies to
establish policies regarding Seating
Upgrade Programs in coach-class; and
corrects grammatical errors.
Accordingly, this final rule amends
the FTR by:
1. Section 300–3.1—Revising the term
‘‘official station’’.
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2. Section 301–10.6—Clarifying that
the employee will be responsible for all
additional expenses that exceed the cost
of the authorized method of
transportation when the employee
chooses to travel by a method of
transportation other than that
authorized by the agency.
3. Section 301–10.124—Correcting a
grammatical error by removing the
comma after ‘‘seat choice fee’’ in the last
sentence and adding a regulatory
citation.
4. Section 301–10.301—Clarifying
how to compute mileage
reimbursement.
5. Section 301–10.303—Revising the
information pertaining to mileage
reimbursement when the use of POV is
determined to be advantageous to the
Government.
6. Section 301–10.304—Revising the
information in the heading pertaining to
allowable expenses.
7. Section 301–10.309—Removing the
reference to another chapter in this
section.
8. Section 301–10.310—Revising the
information pertaining to
reimbursement for the use of a POA
when a GOA is authorized and by
removing all language pertaining to
being committed to using a GOA.
9. Section 301–12.1—Revising
reference to ‘‘official duty station’’ to
read ‘‘official station.’’
10. Section 301–12.2—Revising
subparagraph (d) in regard to checked
baggage fee reimbursement.
11. Section 301–30.5—Revising
reference to ‘‘official duty station’’ to
read ‘‘official station.’’
12. Section 301–70.102—Adding
paragraph (k) requiring agencies to
establish policies regarding Seating
Upgrade Programs in coach-class.
13. Section 301–70.200—Removing
paragraph (g) requiring agencies to
develop policy in regard to defining a
broader radius than the official station
in which per diem or actual expenses
will not be authorized.
14. Section 301–70.502—Revising
reference to ‘‘official duty station’’ to
read ‘‘official station.’’
15. Appendix C to Chapter 301—
Revising reference to ‘‘official duty
station’’ to read ‘‘official station,’’ and
updating the definition of official
station.
16. Appendix E to Chapter 301,
Sections 302–1.1, 302–2.2, 302–2.6, 302–
3.312, 302–7.1, 302–11.1, and 303–
70.300—Revising references to ‘‘official
duty station’’ to read ‘‘official station.’’
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.
B. Executive Order 12866
■
This is not a significant regulatory
action and, therefore, was not subject to
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C. Regulatory Flexibility Act
This 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
final rule is also exempt from the
Regulatory Flexibility Act per 5 U.S.C.
553 (a)(2) because it applies to agency
management. However, this final rule is
being published to provide transparency
in the promulgation of Federal policies.
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 Parts 300–3,
301–10, 301–12, 301–30, 301–70,
Chapter 301, Parts 302–1, 302–2, 302–
3, 302–7, 302–11, and 303–70
Government employees, Travel and
transportation expenses, Administrative
practices and procedures.
Dated: October 21, 2010.
Martha Johnson,
Administrator of General Services.
For the reasons set forth in the
preamble, under 5 U.S.C. chapter 57,
subchapters I, II, and III, GSA amends
41 CFR parts 300–3, 301–10, 301–12,
301–30, 301–70, Appendices C and E to
Chapter 301, 302–1, 302–2, 302–3, 302–
7, 302–11, and 303–70 as set forth
below:
■
PART 300–3—GLOSSARY OF TERMS
1. The authority citation for 41 CFR
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, OMB Circular No. A–126,
revised May 22, 1992.
2. Amend § 300–3.1 by revising the
definition of ‘‘official station’’ to read as
follows:
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§ 300–3.1
mean?
What do the following terms
GSA’s Web site (https://www.gsa.gov/
mileage).
*
*
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*
Official station—An area defined by
the agency that includes the location
where the employee regularly performs
his or her duties or an invitational
traveler’s home or regular place of
business (see § 301–1.2). The area may
be a mileage radius around a particular
point, a geographic boundary, or any
other definite domain, provided no part
of the area is more than 50 miles from
where the employee regularly performs
his or her duties or from an invitational
traveler’s home or regular place of
business. If the employee’s work
involves recurring travel or varies on a
recurring basis, the location where the
work activities of the employee’s
position of record are based is
considered the regular place of work.
*
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*
PART 301–10—TRANSPORTATION
EXPENSES
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.
§ 301–10.6
[Amended]
4. Amend § 301–10.6 by removing the
word ‘‘selected’’ and adding the word
‘‘authorized’’ in its place whenever it
appears in the section heading and the
text, and by adding the words ‘‘which
exceed the cost of the authorized
method of transportation’’ after the word
‘‘incur’’.
■
8. Amend § 301–10.304 by revising
the section heading to read as follows:
■
§ 301–30.5
■
*
*
§ 301–10.309
*
*
[Amended]
9. Amend § 301–10.309 in the first
sentence by removing ‘‘(see § 301–
10.303)’’.
■ 10. Revise § 301–10.310 to read as
follows:
■
§ 301–10.310 What will I be reimbursed if
I am authorized to use a Government owned
automobile and I use a privately owned
automobile instead?
You will be reimbursed based on a
constructive mileage rate limited to the
cost that would be incurred for use of
a Government automobile. This rate will
be published in an FTR bulletin
available at https://www.gsa.gov/ftr. If
your agency determines the cost of
providing a GOA would be higher
because of unusual circumstances, it
may allow reimbursement not to exceed
the mileage rate for a POA. In addition,
you may be reimbursed other allowable
expenses as provided in § 301–10.304.
6. Amend § 301–10.301 by removing
the words ‘‘prescribed in § 301–10.303
of this subpart’’.
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§ 301–10.303 What am I reimbursed when
use of POV is determined by my agency to
be advantageous to the Government?
You will be reimbursed an applicable
mileage rate based on the type of POV
you actually use (privately owned
airplane, privately owned automobile,
privately owned motorcycle). These
rates will be published in an FTR
bulletin and are also displayed on
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16. 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.
17. Amend § 301–70.102 by removing
the word ‘‘and’’ at the end of paragraph
(i); removing the period at the end of
paragraph (j) and adding ‘‘; and’’ in its
place; and adding paragraph (k) to read
as follows:
■
§ 301–70.102 What governing policies
must we establish for authorization and
payment of transportation expenses?
11. The authority citation for 41 CFR
part 301–12 continues to read as
follows:
§ 301–70.200
■
[Amended]
18. Amend § 301–70.200–
a. In paragraph (f) by adding the word
‘‘and’’ after ‘‘case;’’;
■ b. By removing paragraph (g); and
■ c. By redesignating paragraph (h) as
paragraph (g).
■
■
Authority: 5 U.S.C. 5707.
§ 301–12.1
*
[Amended]
13. Revise § 301–12.2(d) to read as
follows:
§ 301–70.502
[Amended]
19. Amend § 301–70.502(a) by
replacing the words ‘‘official duty
station’’ with the words ‘‘official station’’
wherever it appears.
■
§ 301–12.2 What baggage expenses may
my agency pay?
Appendix C to Chapter 301 [Amended]
*
7. Revise § 301–10.303 to read as
follows:
■
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PART 301–70—INTERNAL POLICY
AND PROCEDURE REQUIREMENTS
PART 301–12—MISCELLANEOUS
EXPENSES
■
■
[Amended]
*
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(k) Develop and publish internal
guidance regarding Seating Upgrade
Programs in coach-class (see § 301–
10.124).
§ 301–10.301
[Amended]
Authority: 5 U.S.C. 5707.
15. Amend § 301–30.5(a)(1) by
removing the word ‘‘duty’’.
5. Amend § 301–10.124 in the last
sentence, by removing the comma after
‘‘seat choice fee’’; and adding ‘‘(see 301–
70.102(k))’’ after the word ‘‘policy’’.
■
14. The authority citation for 41 CFR
part 301–30 continues to read as
follows:
■
*
■
[Amended]
PART 301–30—EMERGENCY TRAVEL
§ 301–10.304 What expenses are allowable
in addition to the POV mileage rate
allowances?
12. Amend § 301–12.1, in the third
column of the table, in the second entry
under the heading ‘‘Special expenses of
foreign travel’’ by removing the words
‘‘official duty station’’ and adding the
words ‘‘official station’’ in its place.
§ 301–10.124
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(d) All fees pertaining to the first
checked bag. In addition, charges
relating to the second and subsequent
bags may be reimbursed when the
agency determines those expenses
necessary and in the interest of the
Government (see §§ 301–70.300, 301–
70.301). Travelers should verify their
agency’s current policies and
procedures regarding excess baggage
prior to traveling; and
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20. Amend Appendix C to Chapter
301, in the first table, under the heading
‘‘Traveler Identification’’—
■ a. By removing the entry ‘‘Official
Duty Station’’ and adding the entry
‘‘Official Station’’ in its place in the first
column under the heading ‘‘Group
name’’, and in the third column under
the heading ‘‘Description’’ wherever it
appears.
■ b. In the third column of the table
under the heading ‘‘Description’’, by
removing the entry ‘‘Either the corporate
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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations
limits of city/town or the reservation,
station, established area where
stationed’’ and adding ‘‘The location
where the employee regularly performs
his or her duties or an invitational
traveler’s home or regular place of
business. If the employee’s work
involves recurring travel or varies on a
recurring basis, the location where the
work activities of the employee’s
position of record are based is
considered the employee’s official
station’’ in its place.
PART 302–7—TRANSPORTATION AND
TEMPORARY STORAGE OF
HOUSEHOLD GOODS AND
PROFESSIONAL BOOKS, PAPERS,
AND EQUIPMENT (PBP&E)
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 10–148; FCC 10–193]
29. The authority citation for 41 CFR
part 302–7 continues to read as follows:
■
§ 302–7.1
Appendix E to Chapter 301 [Amended]
21. Amend Appendix E to Chapter
301, under the heading ‘‘Food and
Drink’’, in the first bulleted entry, by
removing the words ‘‘official duty
stations’’ and adding the words ‘‘official
stations’’ in its place.
■
PART 302–1—GENERAL RULES
22. The authority citation for 41 CFR
part 302–1 continues to read as follows:
■
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
§ 302–1.1
[Amended]
23. Amend § 302–1.1(a) by removing
the words ‘‘official duty station’’ and
adding the words ‘‘official station’’ in its
place.
■
PART 302–2—EMPLOYEES
ELIGIBILITY REQUIREMENTS
24. The authority citation for 41 CFR
part 302–2 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
[Amended]
25. Amend § 302–2.2 by removing the
words ‘‘official duty station’’ and adding
the words ‘‘official station’’ in its place
wherever it appears in the section
heading and the text.
■
§ 302–2.6
[Amended]
26. Amend § 302–2.6 by removing
from the section heading the words
‘‘official duty station’’ and adding the
words ‘‘official station’’ in its place.
■
■
PART 302–11—ALLOWANCES FOR
EXPENSES INCURRED IN
CONNECTION WITH RESIDENCE
TRANSACTIONS
31. The authority citation for 41 CFR
part 302–11 continues to read as
follows:
■
Authority: 5 U.S.C. 5738 and 20 U.S.C.
905(c).
[Amended]
32. Amend § 302–11.1(a) by removing
the words ‘‘official duty station’’ and
adding the words ‘‘official station’’ in its
place wherever it appears.
■
PART 303–70—AGENCY
REQUIREMENTS FOR PAYMENT OF
EXPENSES CONNECTED WITH THE
DEATH OF CERTAIN EMPLOYEES
33. The authority citation for 41 CFR
part 303–70 continues to read as
follows:
■
[Amended]
34. Amend § 303–70.300 by removing
the words ‘‘official duty station’’ and
adding the words ‘‘official station’’ in its
place.
■
27. The authority citation for 41 CFR
part 302–3 continues to read as follows:
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30. Amend § 302–7.1—
a. In paragraph (a) by removing the
words ‘‘official duty stations’’ and
adding the words ‘‘official stations’’ in
its place.
■ b. In paragraph (b) by removing the
words ‘‘official duty station’’ and adding
the words ‘‘official station’’ in its place.
■
§ 303–70.300
■
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
[Amended]
[Amended]
Authority: 5 U.S.C. 5721–5738; 5741–
5742; E.O. 11609, 3 CFR, 1971–1975 Comp.,
p. 586.
PART 302–3—RELOCATION
ALLOWANCE BY SPECIFIC TYPE
§ 302–3.312
AGENCY:
§ 302–11.1
■
§ 302–2.2
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.
Implementation of Section 203 of the
Satellite Television Extension and
Localism Act of 2010 (STELA);
Amendments to Section 340 of the
Communications Act
[FR Doc. 2010–29730 Filed 11–26–10; 8:45 am]
BILLING CODE 6820–14–P
28. Amend § 302–3.312 by removing
from the section heading the words
‘‘official duty station’’ and adding the
words ‘‘official station’’ in its place.
■
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Federal Communications
Commission.
ACTION: Final rule.
In this document, the
Commission modifies its satellite
television ‘‘significantly viewed’’ rules to
implement Section 203 of the Satellite
Television Extension and Localism Act
of 2010 (STELA). Section 203 of the
STELA amends Section 340 of the
Communications Act, which gives
satellite carriers the authority to offer
out-of-market but ‘‘significantly viewed’’
broadcast television network stations as
part of their local service to subscribers.
The STELA requires the Commission to
promulgate final rules in this
proceeding on or before November 24,
2010.
SUMMARY:
DATES:
Effective December 29, 2010.
FOR FURTHER INFORMATION CONTACT:
Evan Baranoff, Evan.Baranoff@fcc.gov,
of the Media Bureau, Policy Division,
(202) 418–2120.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order and Order on
Reconsideration (Order), FCC 10–193,
adopted on Nov. 22, 2010, and released
on Nov. 23, 2010. The full text of this
document is available electronically via
ECFS at https://fjallfoss.fcc.gov/ecfs/ or
may be downloaded at https://
hraunfoss.fcc.gov/edocs-public/
attachmatch/FCC–10–130.pdf.
(Documents will be available
electronically in ASCII, Word 97,
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E:\FR\FM\29NOR1.SGM
29NOR1
]]>Agencies
[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Rules and Regulations]
[Pages 72965-72968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29730]
=======================================================================
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-3, 301-10, 301-12, 301-30, 301-70, Chapter 301,
Parts 302-1, 302-2, 302-3, 302-7, 302-11, and 303-70
[FTR Amendment 2010-07; FTR Case 2010-307; Docket 2010-0020, Sequence
1]
RIN 3090-AJ09
Federal Travel Regulation; Removal of Privately Owned Vehicle
Rates; Privately Owned Automobile Mileage Reimbursement When Government
Owned Automobiles Are Authorized; Miscellaneous Amendments
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: GSA is amending the Federal Travel Regulation (FTR) by
removing the Privately Owned Vehicle (POV) rates from Section 301-
10.303. These rates will be published on a periodic basis as FTR
Bulletins by the Office of
[[Page 72966]]
Governmentwide Policy, Office of Travel, Transportation and Asset
Management, and will be posted on the Internet at https://www.gsa.gov/ftr. This amendment also revises the reimbursement amount for travelers
who are authorized to use a Government Owned Automobile (GOA) for
temporary duty travel (TDY) and choose to use their privately owned
automobile (POA) instead; updates the definition of ``official
station''; clarifies various provisions of Chapters 301, 302, and 303
regarding TDY and relocation travel; and makes certain grammatical
corrections, where applicable.
DATES: Effective Date: This final rule is effective November 29, 2010.
Applicability Date: This final rule is applicable for official
travel performed on or after December 29, 2010.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (MVCB),
1275 First Street, NE., Washington, DC, 20417, (202) 501-4755, for
information pertaining to status or publication schedules. For
clarification of content, contact Mr. Cy Greenidge, Program Analyst,
Office of Governmentwide Policy, at (202) 219-2349. Please cite FTR
Amendment 2010-07; FTR case 2010-307.
SUPPLEMENTARY INFORMATION:
A. Background
Pursuant to 5 U.S.C. 5704(c), the Administrator of General Services
has the responsibility to establish a mileage reimbursement rate based
on the cost of travel by a Government vehicle when an employee on
official business for the Government chooses to use a privately owned
vehicle when a Government vehicle is authorized. This amendment,
therefore, revises the reimbursement amount when travelers who are
authorized to use a GOA choose to use their POA instead. This amendment
also serves as notification to the public that all POV rates will be
removed from the FTR and periodically published in FTR Bulletins;
updates the definition of ``official station''; clarifies what baggage
expenses an agency may pay; clarifies that the employee is responsible
for all additional expenses ``that exceed the cost of the authorized
method of transportation'' when the employee chooses to travel via a
different method of transportation than that which is authorized;
requires agencies to establish policies regarding Seating Upgrade
Programs in coach-class; and corrects grammatical errors.
Accordingly, this final rule amends the FTR by:
1. Section 300-3.1--Revising the term ``official station''.
2. Section 301-10.6--Clarifying that the employee will be
responsible for all additional expenses that exceed the cost of the
authorized method of transportation when the employee chooses to travel
by a method of transportation other than that authorized by the agency.
3. Section 301-10.124--Correcting a grammatical error by removing
the comma after ``seat choice fee'' in the last sentence and adding a
regulatory citation.
4. Section 301-10.301--Clarifying how to compute mileage
reimbursement.
5. Section 301-10.303--Revising the information pertaining to
mileage reimbursement when the use of POV is determined to be
advantageous to the Government.
6. Section 301-10.304--Revising the information in the heading
pertaining to allowable expenses.
7. Section 301-10.309--Removing the reference to another chapter in
this section.
8. Section 301-10.310--Revising the information pertaining to
reimbursement for the use of a POA when a GOA is authorized and by
removing all language pertaining to being committed to using a GOA.
9. Section 301-12.1--Revising reference to ``official duty
station'' to read ``official station.''
10. Section 301-12.2--Revising subparagraph (d) in regard to
checked baggage fee reimbursement.
11. Section 301-30.5--Revising reference to ``official duty
station'' to read ``official station.''
12. Section 301-70.102--Adding paragraph (k) requiring agencies to
establish policies regarding Seating Upgrade Programs in coach-class.
13. Section 301-70.200--Removing paragraph (g) requiring agencies
to develop policy in regard to defining a broader radius than the
official station in which per diem or actual expenses will not be
authorized.
14. Section 301-70.502--Revising reference to ``official duty
station'' to read ``official station.''
15. Appendix C to Chapter 301--Revising reference to ``official
duty station'' to read ``official station,'' and updating the
definition of official station.
16. Appendix E to Chapter 301, Sections 302-1.1, 302-2.2, 302-2.6,
302-3.312, 302-7.1, 302-11.1, and 303-70.300--Revising references to
``official duty station'' to read ``official station.''
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 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 final rule is
also exempt from the Regulatory Flexibility Act per 5 U.S.C. 553 (a)(2)
because it applies to agency management. However, this final rule is
being published to provide transparency in the promulgation of Federal
policies.
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 Parts 300-3, 301-10, 301-12, 301-30,
301-70, Chapter 301, Parts 302-1, 302-2, 302-3, 302-7, 302-11, and
303-70
Government employees, Travel and transportation expenses,
Administrative practices and procedures.
Dated: October 21, 2010.
Martha Johnson,
Administrator of General Services.
0
For the reasons set forth in the preamble, under 5 U.S.C. chapter 57,
subchapters I, II, and III, GSA amends 41 CFR parts 300-3, 301-10, 301-
12, 301-30, 301-70, Appendices C and E to Chapter 301, 302-1, 302-2,
302-3, 302-7, 302-11, and 303-70 as set forth below:
PART 300-3--GLOSSARY OF TERMS
0
1. The authority citation for 41 CFR 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, OMB Circular
No. A-126, revised May 22, 1992.
0
2. Amend Sec. 300-3.1 by revising the definition of ``official
station'' to read as follows:
[[Page 72967]]
Sec. 300-3.1 What do the following terms mean?
* * * * *
Official station--An area defined by the agency that includes the
location where the employee regularly performs his or her duties or an
invitational traveler's home or regular place of business (see Sec.
301-1.2). The area may be a mileage radius around a particular point, a
geographic boundary, or any other definite domain, provided no part of
the area is more than 50 miles from where the employee regularly
performs his or her duties or from an invitational traveler's home or
regular place of business. If the employee's work involves recurring
travel or varies on a recurring basis, the location where the work
activities of the employee's position of record are based is considered
the regular place of work.
* * * * *
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.
Sec. 301-10.6 [Amended]
0
4. Amend Sec. 301-10.6 by removing the word ``selected'' and adding
the word ``authorized'' in its place whenever it appears in the section
heading and the text, and by adding the words ``which exceed the cost
of the authorized method of transportation'' after the word ``incur''.
Sec. 301-10.124 [Amended]
0
5. Amend Sec. 301-10.124 in the last sentence, by removing the comma
after ``seat choice fee''; and adding ``(see 301-70.102(k))'' after the
word ``policy''.
Sec. 301-10.301 [Amended]
0
6. Amend Sec. 301-10.301 by removing the words ``prescribed in Sec.
301-10.303 of this subpart''.
0
7. Revise Sec. 301-10.303 to read as follows:
Sec. 301-10.303 What am I reimbursed when use of POV is determined by
my agency to be advantageous to the Government?
You will be reimbursed an applicable mileage rate based on the type
of POV you actually use (privately owned airplane, privately owned
automobile, privately owned motorcycle). These rates will be published
in an FTR bulletin and are also displayed on GSA's Web site (https://www.gsa.gov/mileage).
0
8. Amend Sec. 301-10.304 by revising the section heading to read as
follows:
Sec. 301-10.304 What expenses are allowable in addition to the POV
mileage rate allowances?
* * * * *
Sec. 301-10.309 [Amended]
0
9. Amend Sec. 301-10.309 in the first sentence by removing ``(see
Sec. 301-10.303)''.
0
10. Revise Sec. 301-10.310 to read as follows:
Sec. 301-10.310 What will I be reimbursed if I am authorized to use a
Government owned automobile and I use a privately owned automobile
instead?
You will be reimbursed based on a constructive mileage rate limited
to the cost that would be incurred for use of a Government automobile.
This rate will be published in an FTR bulletin available at https://www.gsa.gov/ftr. If your agency determines the cost of providing a GOA
would be higher because of unusual circumstances, it may allow
reimbursement not to exceed the mileage rate for a POA. In addition,
you may be reimbursed other allowable expenses as provided in Sec.
301-10.304.
PART 301-12--MISCELLANEOUS EXPENSES
0
11. The authority citation for 41 CFR part 301-12 continues to read as
follows:
Authority: 5 U.S.C. 5707.
Sec. 301-12.1 [Amended]
0
12. Amend Sec. 301-12.1, in the third column of the table, in the
second entry under the heading ``Special expenses of foreign travel''
by removing the words ``official duty station'' and adding the words
``official station'' in its place.
0
13. Revise Sec. 301-12.2(d) to read as follows:
Sec. 301-12.2 What baggage expenses may my agency pay?
* * * * *
(d) All fees pertaining to the first checked bag. In addition,
charges relating to the second and subsequent bags may be reimbursed
when the agency determines those expenses necessary and in the interest
of the Government (see Sec. Sec. 301-70.300, 301-70.301). Travelers
should verify their agency's current policies and procedures regarding
excess baggage prior to traveling; and
* * * * *
PART 301-30--EMERGENCY TRAVEL
0
14. The authority citation for 41 CFR part 301-30 continues to read as
follows:
Authority: 5 U.S.C. 5707.
Sec. 301-30.5 [Amended]
0
15. Amend Sec. 301-30.5(a)(1) by removing the word ``duty''.
PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS
0
16. 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
17. Amend Sec. 301-70.102 by removing the word ``and'' at the end of
paragraph (i); removing the period at the end of paragraph (j) and
adding ``; and'' in its place; and adding paragraph (k) to read as
follows:
Sec. 301-70.102 What governing policies must we establish for
authorization and payment of transportation expenses?
* * * * *
(k) Develop and publish internal guidance regarding Seating Upgrade
Programs in coach-class (see Sec. 301-10.124).
Sec. 301-70.200 [Amended]
0
18. Amend Sec. 301-70.200-
0
a. In paragraph (f) by adding the word ``and'' after ``case;'';
0
b. By removing paragraph (g); and
0
c. By redesignating paragraph (h) as paragraph (g).
Sec. 301-70.502 [Amended]
0
19. Amend Sec. 301-70.502(a) by replacing the words ``official duty
station'' with the words ``official station'' wherever it appears.
Appendix C to Chapter 301 [Amended]
0
20. Amend Appendix C to Chapter 301, in the first table, under the
heading ``Traveler Identification''--
0
a. By removing the entry ``Official Duty Station'' and adding the entry
``Official Station'' in its place in the first column under the heading
``Group name'', and in the third column under the heading
``Description'' wherever it appears.
0
b. In the third column of the table under the heading ``Description'',
by removing the entry ``Either the corporate
[[Page 72968]]
limits of city/town or the reservation, station, established area where
stationed'' and adding ``The location where the employee regularly
performs his or her duties or an invitational traveler's home or
regular place of business. If the employee's work involves recurring
travel or varies on a recurring basis, the location where the work
activities of the employee's position of record are based is considered
the employee's official station'' in its place.
Appendix E to Chapter 301 [Amended]
0
21. Amend Appendix E to Chapter 301, under the heading ``Food and
Drink'', in the first bulleted entry, by removing the words ``official
duty stations'' and adding the words ``official stations'' in its
place.
PART 302-1--GENERAL RULES
0
22. The authority citation for 41 CFR part 302-1 continues to read as
follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
Sec. 302-1.1 [Amended]
0
23. Amend Sec. 302-1.1(a) by removing the words ``official duty
station'' and adding the words ``official station'' in its place.
PART 302-2--EMPLOYEES ELIGIBILITY REQUIREMENTS
0
24. The authority citation for 41 CFR part 302-2 continues to read as
follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
Sec. 302-2.2 [Amended]
0
25. Amend Sec. 302-2.2 by removing the words ``official duty station''
and adding the words ``official station'' in its place wherever it
appears in the section heading and the text.
Sec. 302-2.6 [Amended]
0
26. Amend Sec. 302-2.6 by removing from the section heading the words
``official duty station'' and adding the words ``official station'' in
its place.
PART 302-3--RELOCATION ALLOWANCE BY SPECIFIC TYPE
0
27. The authority citation for 41 CFR part 302-3 continues to read as
follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
Sec. 302-3.312 [Amended]
0
28. Amend Sec. 302-3.312 by removing from the section heading the
words ``official duty station'' and adding the words ``official
station'' in its place.
PART 302-7--TRANSPORTATION AND TEMPORARY STORAGE OF HOUSEHOLD GOODS
AND PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT (PBP&E)
0
29. The authority citation for 41 CFR part 302-7 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. 302-7.1 [Amended]
0
30. Amend Sec. 302-7.1--
0
a. In paragraph (a) by removing the words ``official duty stations''
and adding the words ``official stations'' in its place.
0
b. In paragraph (b) by removing the words ``official duty station'' and
adding the words ``official station'' in its place.
PART 302-11--ALLOWANCES FOR EXPENSES INCURRED IN CONNECTION WITH
RESIDENCE TRANSACTIONS
0
31. The authority citation for 41 CFR part 302-11 continues to read as
follows:
Authority: 5 U.S.C. 5738 and 20 U.S.C. 905(c).
Sec. 302-11.1 [Amended]
0
32. Amend Sec. 302-11.1(a) by removing the words ``official duty
station'' and adding the words ``official station'' in its place
wherever it appears.
PART 303-70--AGENCY REQUIREMENTS FOR PAYMENT OF EXPENSES CONNECTED
WITH THE DEATH OF CERTAIN EMPLOYEES
0
33. The authority citation for 41 CFR part 303-70 continues to read as
follows:
Authority: 5 U.S.C. 5721-5738; 5741-5742; E.O. 11609, 3 CFR,
1971-1975 Comp., p. 586.
Sec. 303-70.300 [Amended]
0
34. Amend Sec. 303-70.300 by removing the words ``official duty
station'' and adding the words ``official station'' in its place.
[FR Doc. 2010-29730 Filed 11-26-10; 8:45 am]
BILLING CODE 6820-14-P
