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]

Download as PDF 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). mstockstill on DSKB9S0YB1PROD with RULES 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). VerDate Mar<15>2010 16:19 Nov 26, 2010 Jkt 223001 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 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 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: E:\FR\FM\29NOR1.SGM 29NOR1 72966 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 http://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: mstockstill on DSKB9S0YB1PROD with RULES 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’’. VerDate Mar<15>2010 16:19 Nov 26, 2010 Jkt 223001 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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: E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations § 300–3.1 mean? What do the following terms GSA’s Web site (http://www.gsa.gov/ mileage). * * * * * 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. * * * * * 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 http://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’’. mstockstill on DSKB9S0YB1PROD with RULES § 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 16:19 Nov 26, 2010 Jkt 223001 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: ■ VerDate Mar<15>2010 PART 301–70—INTERNAL POLICY AND PROCEDURE REQUIREMENTS PART 301–12—MISCELLANEOUS EXPENSES ■ ■ [Amended] * * * * (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 72967 ■ * * * * (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 * * * * * PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 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 E:\FR\FM\29NOR1.SGM 29NOR1 72968 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: mstockstill on DSKB9S0YB1PROD with RULES 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. ■ VerDate Mar<15>2010 16:19 Nov 26, 2010 Jkt 223001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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 http://fjallfoss.fcc.gov/ecfs/ or may be downloaded at http:// hraunfoss.fcc.gov/edocs-public/ attachmatch/FCC–10–130.pdf. (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document is also available for public inspection and copying during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street, SW., CY–A257, Washington, DC 20554. The complete text may be purchased from the Commission’s copy contractor, 445 12th Street, SW., Room CY–B402, Washington, DC 20554. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an e-mail to fcc504@fcc.gov or calling the Commission’s Consumer and Governmental Affairs Bureau at (202) 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 http://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 (http://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 http://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