Federal Management Regulation; Motor Vehicle Management, 76622-76623 [2011-31470]

Download as PDF 76622 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Rules and Regulations wreier-aviles on DSK3TPTVN1PROD with RULES the correction prior to this action being finalized, since this correction action does not change the determinations of attainment for the Atlanta Area. IV. What are statutory and executive order reviews? Under the CAA, the Administrator is required to approve a SIP submission or state request that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions or state request, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • 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); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this action does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the VerDate Mar<15>2010 13:42 Dec 07, 2011 Jkt 226001 impacted area is not in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. 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 action 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 February 6, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action, pertaining to the determination of attaining data for the 2006 24-hour fine particulate matter standard for the Atlanta Area, 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, Particulate matter, Reporting and recordkeeping requirements. Dated: November 10, 2011. A. Stanley Meiburg, Acting Regional Administrator, Region 4. 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 L—Georgia 2. Section 52.578 is amended by adding paragraph (e) to read as follows: ■ § 52.578 Control strategy: Sulfur oxides and particulate matter. * PO 00000 * * Frm 00014 * Fmt 4700 * Sfmt 4700 (e) Determination of Attaining Data. EPA has determined, as of April 5, 2011, the Atlanta, Georgia, nonattainment area has attaining data for the 1997 annual PM2.5 NAAQS. This determination, in accordance with 40 CFR 51.1004(c), suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 annual PM2.5 NAAQS. [FR Doc. 2011–30364 Filed 12–7–11; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 41 CFR Part 102–34 [FMR Change 2011–03; FMR Case 2011– 102–2; Docket 2011–0011; Sequence 2] RIN 3090–AJ14 Federal Management Regulation; Motor Vehicle Management Office of Governmentwide Policy, (GSA). ACTION: Final rule. AGENCY: The General Services Administration is amending the Federal Management Regulation (FMR) by revising current policy on the definitions relating to the rental versus the lease of motor vehicles. The rule increases 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: Effective Date: December 8, 2011. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. James Vogelsinger, Director, Motor Vehicle Management Policy Division, at (202) 501–1764 or email at james.vogelsinger@gsa.gov. Please contact the Regulatory Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417, (202) 501–4755, for information pertaining to status or publication schedules. Please cite FMR Change 2011–03, FMR Case 2011–102– 2. SUMMARY: E:\FR\FM\08DER1.SGM 08DER1 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Rules and Regulations 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). A proposed rule 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 was published in the Federal Register on June 1, 2011 (76 FR 31545). There were no comments. This regulatory amendment will provide greater flexibility to Federal agencies in meeting their motor vehicle needs. wreier-aviles on DSK3TPTVN1PROD with RULES 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. VerDate Mar<15>2010 13:42 Dec 07, 2011 Jkt 226001 C. Regulatory Flexibility Act This final 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 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 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 final 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 vehicles, Reporting and recordkeeping requirements. Dated: October 31, 2011. Martha Johnson, Administrator. For the reasons set forth in the preamble, GSA amends 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). * * * * * PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 76623 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. 2011–31470 Filed 12–7–11; 8:45 am] BILLING CODE 6820–14–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 61 and 69 [WC Docket Nos. 10–90, 07–135, 05–337, 03–109; GN Docket No. 09–51, CC Docket Nos. 01–92, 96–45, WT Docket No. 10–208, FCC 11–161] Connect America Fund; Developing a Unified Intercarrier Compensation Regime Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission’s Connect America Fund, Report and Order (Order)’s access stimulation rules. This notice is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules. The Commission received OMB pre-approval for the proposed requirements on April 19, 2011 and final approval for the final requirements on December 1, 2011. Therefore, the information collection requirements were adopted as proposed. DATES: The amendments to 47 CFR 61.3, 61.26, 61.39, and 69.3 published at 76 FR 73830, November 29, 2011, are effective December 29, 2011. FOR FURTHER INFORMATION CONTACT: John Hunter, Pricing Policy Division, Wireline Competition Bureau, at (202) 418–1520, or email: john.hunter@fcc. gov. SUMMARY: This document announces that, on April 19, 2011 (preapproval) and on December 1, 2011 (final approval), OMB approved, for a period of three years, the information collection requirements relating to the access stimulation rules contained in the Commission’s Order, FCC 11–161, published at 76 FR 73830, November 29, 2011. The OMB Control Number is 3060–0298. The Commission publishes this notice as an announcement of the effective date of SUPPLEMENTARY INFORMATION: E:\FR\FM\08DER1.SGM 08DER1

Agencies

[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Rules and Regulations]
[Pages 76622-76623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31470]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-34

[FMR Change 2011-03; FMR Case 2011-102-2; Docket 2011-0011; Sequence 2]
RIN 3090-AJ14


Federal Management Regulation; Motor Vehicle Management

AGENCY: Office of Governmentwide Policy, (GSA).

ACTION: Final rule.

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SUMMARY: The General Services Administration is amending the Federal 
Management Regulation (FMR) by revising current policy on the 
definitions relating to the rental versus the lease of motor vehicles. 
The rule increases 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: Effective Date: December 8, 2011.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. James Vogelsinger, Director, Motor Vehicle Management Policy 
Division, at (202) 501-1764 or email at james.vogelsinger@gsa.gov. 
Please contact the Regulatory Secretariat (MVCB), 1275 First Street 
NE., Washington, DC 20417, (202) 501-4755, for information pertaining 
to status or publication schedules. Please cite FMR Change 2011-03, FMR 
Case 2011-102-2.

[[Page 76623]]


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).
    A proposed rule 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 was published in the Federal 
Register on June 1, 2011 (76 FR 31545). There were no comments. This 
regulatory amendment will 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 final 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 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 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 final 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 
vehicles, Reporting and recordkeeping requirements.

     Dated: October 31, 2011.
Martha Johnson,
Administrator.

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

PART 102-34--MOTOR VEHICLE MANAGEMENT

0
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.


0
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. 2011-31470 Filed 12-7-11; 8:45 am]
BILLING CODE 6820-14-P