Federal Management Regulation; Motor Vehicle Management, 31545-31546 [2011-13215]

Download as PDF sroberts on DSK5SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Proposed Rules covered service providers to furnish information requested by a responsible plan fiduciary or plan administrator in order to comply with ERISA’s reporting and disclosure requirements,3 which would include relevant information required to comply with the participantlevel disclosure regulation. It would facilitate compliance with the participant-level disclosure regulation, they argue, if contracts and arrangements were brought into compliance with the 408(b)(2) regulation, so that this reporting and disclosure provision is in effect, prior to the applicability of the participant-level disclosure regulation. The Department agrees that aligning the application of these two regulations would assist plan fiduciaries and plan administrators in obtaining information required to comply with the participantlevel disclosure regulation. Further, the Department believes that, similar to the 408(b)(2) regulation, a limited extension is in the best interests of covered individual account plans and their participants and beneficiaries. Delayed application will better afford plans sufficient time to ensure an efficient and effective implementation of the participant-level disclosure regulation. To accomplish this end, the Department does not believe it is necessary to extend the regulation’s effective date or its general application to plan years beginning on or after November 1, 2011. However, the Department proposes to extend the transition rule in paragraph (j)(3)(i), which specifies the date by which initial disclosures must actually be provided. Under this proposal, a plan would have 120 days (rather than 60) after its applicability date to furnish the initial disclosures that are otherwise required to be furnished before the date on which a participant or beneficiary can first direct his or her investments. Thus, a calendar year plan would have to furnish the initial disclosures no later than April 30, 2012, and the disclosures required by paragraphs (c)(2)(ii) and (c)(3)(ii) (e.g., quarterly statement of fees/expenses actually deducted) would have to be furnished no later than May 15, 2012. Under the proposed transition rule, the initial disclosures must be provided to all participants and beneficiaries who have the right to direct their investments when such disclosures are furnished, not just to those individuals who had the right to direct their investments on the applicability date. This is to ensure that individuals who become plan participants in between the applicability date and the end of the 120-day period 3 29 CFR 2550.408b–2(c)(1)(vi). VerDate Mar<15>2010 19:26 May 31, 2011 Jkt 223001 receive the important information required under the regulation. To the extent the plan also has contracts or arrangements with covered service providers, as defined by the 408(b)(2) regulation, those contracts or arrangements must be in compliance with the 408(b)(2) regulation as of January 1, 2012, in advance of the required initial disclosures under the participant-level disclosure regulation. The Department has not been persuaded to extend the application of the participant-level disclosure regulation, or the 408(b)(2) regulation, beyond these dates. Although the Department believes it is appropriate to provide some relief to help ensure a timely, efficient, and coordinated implementation of the two rules, the Department also believes that it is critical for responsible plan fiduciaries, plan administrators, and plan participants and beneficiaries to benefit from the increased transparency provided by the rules as soon as possible. At this time, the Department solicits comments on this proposal to formally extend the effective date of the 408(b)(2) regulation and the transitional rule for application of the participant-level disclosure regulation. List of Subjects in 29 CFR Part 2550 Employee benefit plans, Exemptions, Fiduciaries, Investments, Pensions, Prohibited transactions, Real estate, Securities, Surety bonds, Trusts and Trustees. 31545 § 2550.404a–5 Fiduciary requirements for disclosure in participant-directed individual account plans. * * * * * (j) * * * (3) Transitional rules. (i) Notwithstanding paragraphs (b), (c) and (d) of this section, the initial disclosures required on or before the date on which a participant or beneficiary can first direct his or her investments must be furnished no later than 120 days after such applicability date. * * * * * 3. Section 2550.408b–2 is amended, in paragraph (c)(1)(xii), by removing the date ‘‘July 16, 2011’’ and adding in its place ‘‘January 1, 2012’’. Signed at Washington, DC, this 26th day of May, 2011. Phyllis C. Borzi, Assistant Secretary, Employee Benefits Security Administration, Department of Labor. [FR Doc. 2011–13516 Filed 5–31–11; 8:45 am] BILLING CODE 4510–29–P GENERAL SERVICES ADMINISTRATION 41 CFR Part 102–34 [FMR Case 2011–102–2; Docket 2011–0011; Sequence 1] RIN 3090–AJ14 Federal Management Regulation; Motor Vehicle Management Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Proposed rule. For the reasons set forth in the preamble, the Department of Labor proposes to amend 29 CFR part 2550 as follows: AGENCY: PART 2550—RULES AND REGULATIONS FOR FIDUCIARY RESPONSIBILITY SUMMARY: 1. The authority citation for part 2550 continues to read as follows: Authority: 29 U.S.C. 1135, sec. 102, Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 1 and Secretary of Labor’s Order No. 6– 2009, 74 FR 21524 (May 7, 2009). Sec. 2550.401c–1 also issued under 29 U.S.C. 1101. Sec. 2550.404a–2 also issued under sec. 657, Pub. L. 107–16, 115 Stat. 38. Sections 2550.404c–1 and 2550.404c–5 also issued under 29 U.S.C. 1104. Sec. 2550.408b– 1 also issued under 29 U.S.C. 1108(b)(1). Sec. 2550.408b–19 also issued under sec. 611, Pub. L. 109–280, 120 Stat. 780, 972. Sec. 2550.412–1 also issued under 29 U.S.C. 1112. 2. Section 2550.404a–5 is amended by revising paragraph (j)(3)(i) to read as follows: PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 The General Services Administration is proposing to amend the Federal Management Regulation (FMR) by revising current policy on the definitions relating to the rental versus the lease of motor vehicles. The proposed rule would increase the less than 60 continuous day rental timeframe to less than 120 continuous days and adjust the definition of the term ‘‘commercial lease or lease commercially’’ accordingly to allow for the instances when agencies have a valid temporary mission requirement for a motor vehicle of 60 continuous days or more in duration but of significantly fewer days in duration than is typically available under commercial leases, which commonly require a minimum lease period of one year. DATES: Interested parties should submit comments in writing on or before E:\FR\FM\01JNP1.SGM 01JNP1 31546 Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Proposed Rules August 1, 2011 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FMR Case 2011–102–2 by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘FMR Case 2011–102–2’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘FMR Case 2011–102– 2.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘FMR Case 2011–102–2’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), 1275 First Street, NE., Rm. 783E, ATTN: Hada Flowers, Washington, DC 20417. Instructions: Please submit comments only and cite FMR Case 2011–102–2, in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. James Vogelsinger at (202) 501–1764 or e-mail at james.vogelsinger@gsa.gov. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. Please cite FMR Case 2011–102– 2. SUPPLEMENTARY INFORMATION: sroberts on DSK5SPTVN1PROD with PROPOSALS A. Background Currently, as provided in 41 CFR 102– 34.35, a motor vehicle rental is limited to less than 60 continuous days. If an agency obtains a motor vehicle for 60 continuous days or more, then it is a commercial lease under current regulations. Agencies, however, often have a valid temporary mission requirement for a motor vehicle of 60 continuous days or more in duration but of significantly fewer days in duration than is typically available under commercial leases, which commonly require a minimum lease period of one year. Also, some agencies have requirements from time to time for additional vehicles for relatively short periods of time. As a result, agencies are turning to short-term rentals to meet these motor vehicle needs but have encountered impediments when those needs meet or exceed 60 continuous days but are less than a year (for which commercial leases are commonly VerDate Mar<15>2010 19:26 May 31, 2011 Jkt 223001 available). In order to address these issues, GSA is proposing to amend section 102–34.35 of the FMR (41 CFR 102–34.35) to redefine the term ‘‘motor vehicle rental’’ to increase the less than 60 continuous day rental timeframe to less than 120 continuous days and adjust the definition of the term ‘‘commercial lease or lease commercially’’ accordingly. GSA is cognizant of the impact of such a proposed policy change on motor vehicle identification in that the identification requirements attach to Government motor vehicles only, a term that does not encompass motor vehicle rentals. This proposed regulatory amendment would provide greater flexibility to Federal agencies in meeting their motor vehicle needs. B. Executive Order 12866 and Executive Order 13563 Executive Orders 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). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. 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 rule is not a major rule under 5 U.S.C. 804. 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 Regulatory Flexibility Act per 5 U.S.C. 553(a)(2) because it applies to agency management. However, this proposed 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 proposed changes to the FMR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E. Small Business Regulatory Enforcement Fairness Act This proposed rule is exempt from Congressional review under 5 U.S.C. 801 since it relates solely to agency management and personnel. List of Subjects in 41 CFR Part 102–34 Energy conservation, Government property management, Motor Vehicle Management, Reporting and recordkeeping requirements. Dated: March 14, 2011. Kathleen M. Turco, Associate Administrator. For the reasons set forth in the preamble, GSA proposes to amend 41 CFR part 102–34 as set forth below: PART 102–34—MOTOR VEHICLE MANAGEMENT 1. The authority citation for 41 CFR part 102–34 continues to read as follows: Authority: 40 U.S.C. 121(c); 40 U.S.C. 17503; 31 U.S.C. 1344; 49 U.S.C. 32917; E.O. 12375. 2. In § 102–34.35, revise the definitions of the terms ‘‘Commercial lease or lease commercially’’ and ‘‘Motor vehicle rental’’ to read as follows: § 102–34.35 part? What definitions apply to this * * * * * Commercial lease or lease commercially means obtaining a motor vehicle by contract or other arrangement from a commercial source for 120 continuous days or more. (Procedures for purchasing and leasing motor vehicles through GSA can be found in 41 CFR subpart 101–26.5). * * * * * Motor vehicle rental means obtaining a motor vehicle by contract or other arrangement from a commercial source for less than 120 continuous days. * * * * * [FR Doc. 2011–13215 Filed 5–31–11; 8:45 am] BILLING CODE 6820–14–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 5 Negotiated Rulemaking Committee on Designation of Medically Underserved Populations and Health Professional Shortage Areas; Notice of Meeting Health Resources and Services Administration, HHS. ACTION: Negotiated Rulemaking Committee meeting. AGENCY: E:\FR\FM\01JNP1.SGM 01JNP1

Agencies

[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Proposed Rules]
[Pages 31545-31546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13215]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-34

[FMR Case 2011-102-2; Docket 2011-0011; Sequence 1]
RIN 3090-AJ14


Federal Management Regulation; Motor Vehicle Management

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Proposed rule.

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SUMMARY: The General Services Administration is proposing to amend the 
Federal Management Regulation (FMR) by revising current policy on the 
definitions relating to the rental versus the lease of motor vehicles. 
The proposed rule would increase the less than 60 continuous day rental 
timeframe to less than 120 continuous days and adjust the definition of 
the term ``commercial lease or lease commercially'' accordingly to 
allow for the instances when agencies have a valid temporary mission 
requirement for a motor vehicle of 60 continuous days or more in 
duration but of significantly fewer days in duration than is typically 
available under commercial leases, which commonly require a minimum 
lease period of one year.

DATES: Interested parties should submit comments in writing on or 
before

[[Page 31546]]

August 1, 2011 to be considered in the formulation of a final rule.

ADDRESSES: Submit comments identified by FMR Case 2011-102-2 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by inputting ``FMR Case 
2011-102-2'' under the heading ``Enter Keyword or ID'' and selecting 
``Search.'' Select the link ``Submit a Comment'' that corresponds with 
``FMR Case 2011-102-2.'' Follow the instructions provided at the 
``Submit a Comment'' screen. Please include your name, company name (if 
any), and ``FMR Case 2011-102-2'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1275 First Street, NE., Rm. 783E, ATTN: Hada 
Flowers, Washington, DC 20417.
    Instructions: Please submit comments only and cite FMR Case 2011-
102-2, in all correspondence related to this case. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. James Vogelsinger at (202) 501-1764 or e-mail at 
james.vogelsinger@gsa.gov. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at (202) 501-
4755. Please cite FMR Case 2011-102-2.

SUPPLEMENTARY INFORMATION: 

A. Background

    Currently, as provided in 41 CFR 102-34.35, a motor vehicle rental 
is limited to less than 60 continuous days. If an agency obtains a 
motor vehicle for 60 continuous days or more, then it is a commercial 
lease under current regulations. Agencies, however, often have a valid 
temporary mission requirement for a motor vehicle of 60 continuous days 
or more in duration but of significantly fewer days in duration than is 
typically available under commercial leases, which commonly require a 
minimum lease period of one year. Also, some agencies have requirements 
from time to time for additional vehicles for relatively short periods 
of time. As a result, agencies are turning to short-term rentals to 
meet these motor vehicle needs but have encountered impediments when 
those needs meet or exceed 60 continuous days but are less than a year 
(for which commercial leases are commonly available). In order to 
address these issues, GSA is proposing to amend section 102-34.35 of 
the FMR (41 CFR 102-34.35) to redefine the term ``motor vehicle 
rental'' to increase the less than 60 continuous day rental timeframe 
to less than 120 continuous days and adjust the definition of the term 
``commercial lease or lease commercially'' accordingly. GSA is 
cognizant of the impact of such a proposed policy change on motor 
vehicle identification in that the identification requirements attach 
to Government motor vehicles only, a term that does not encompass motor 
vehicle rentals.
    This proposed regulatory amendment would provide greater 
flexibility to Federal agencies in meeting their motor vehicle needs.

B. Executive Order 12866 and Executive Order 13563

    Executive Orders 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). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. 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 rule is not a major rule under 5 U.S.C. 804.

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 Regulatory Flexibility Act per 5 U.S.C. 553(a)(2) 
because it applies to agency management. However, this proposed 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 proposed 
changes to the FMR do not impose information collection requirements 
that require the approval of the Office of Management and Budget under 
44 U.S.C. 3501, et seq.

E. Small Business Regulatory Enforcement Fairness Act

    This proposed rule is exempt from Congressional review under 5 
U.S.C. 801 since it relates solely to agency management and personnel.

List of Subjects in 41 CFR Part 102-34

    Energy conservation, Government property management, Motor Vehicle 
Management, Reporting and recordkeeping requirements.

    Dated: March 14, 2011.
Kathleen M. Turco,
Associate Administrator.

    For the reasons set forth in the preamble, GSA proposes to amend 41 
CFR part 102-34 as set forth below:

PART 102-34--MOTOR VEHICLE MANAGEMENT

    1. The authority citation for 41 CFR part 102-34 continues to read 
as follows:

    Authority:  40 U.S.C. 121(c); 40 U.S.C. 17503; 31 U.S.C. 1344; 
49 U.S.C. 32917; E.O. 12375.

    2. In Sec.  102-34.35, revise the definitions of the terms 
``Commercial lease or lease commercially'' and ``Motor vehicle rental'' 
to read as follows:


Sec.  102-34.35  What definitions apply to this part?

* * * * *
    Commercial lease or lease commercially means obtaining a motor 
vehicle by contract or other arrangement from a commercial source for 
120 continuous days or more. (Procedures for purchasing and leasing 
motor vehicles through GSA can be found in 41 CFR subpart 101-26.5).
* * * * *
    Motor vehicle rental means obtaining a motor vehicle by contract or 
other arrangement from a commercial source for less than 120 continuous 
days.
* * * * *
[FR Doc. 2011-13215 Filed 5-31-11; 8:45 am]
BILLING CODE 6820-14-P