Federal Travel Regulation; Transportation Network Companies (TNC), Innovative Mobility Technology Companies, and Reporting Travel, Transportation, and Relocation Costs, 602-605 [2017-28503]
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Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations
reduce the radiation dose delivered to
the anterior rectum. The absorbable
spacer maintains space for the entire
course of prostate radiotherapy
treatment and is completely absorbed by
the patient’s body over time.
(b) Classification. Class II (special
controls). The special controls for this
device are:
(1) The premarket notification
submission must include methodology
and results of the following non-clinical
and clinical performance testing. For all
clinical investigations used to support
premarket notification submissions for
this type of device, line listings of the
study data must be provided.
(i) Performance bench testing must
demonstrate appropriate perirectal
space creation and maintenance for the
duration of prostate radiotherapy.
(ii) Performance bench testing must
demonstrate that therapeutic radiation
levels do not alter the performance of
the device.
(iii) Performance in vivo testing must
demonstrate appropriate deployment of
spacer as indicated in the accompanying
labeling, and demonstrate appropriate
expansion and absorption
characteristics in a clinically relevant
environment.
(iv) Clinical study must demonstrate
appropriate spacer stability and lack of
migration for the entire course of
radiotherapy, complete absorption, and
lack of long term toxicity.
(v) Sterility testing must demonstrate
the sterility of the device and the effects
of the sterilization process on the
physical characteristics of the spacer.
(vi) Shelf-life testing must
demonstrate the stability of the physical
characteristics of the spacer throughout
the shelf-life as indicated in the
accompanying labeling.
(vii) The device must be demonstrated
to be biocompatible.
(2) The risk management activities
performed as part of the manufacturer’s
§ 820.30 design controls must document
an appropriate end user initial training
program which will be offered as part of
efforts to mitigate the risk of failure to
correctly operate the device, including,
but not limited to, documentation of an
appropriate end user initial training
program on the proper spacer
deployment technique.
(3) The device labeling must include
the following:
(i) A detailed summary of reported or
observed complications related to the
use of the device;
(ii) Appropriate warnings;
(iii) Detailed instructions for system
preparations and detailed implant
procedure instructions; and
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(iv) An expiration date that is
supported by performance data as
specified in paragraph (b)(1)(vi) of this
section.
Dated: January 2, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–00051 Filed 1–4–18; 8:45 am]
BILLING CODE 4164–01–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 300–3, 300–70, 301–10,
301–70, Appendix C to Chapter 301,
Parts 302–1, 302–4, and 304–2
[FTR Amendment 2017–01; FTR Case 2017–
301; Docket No. 2017–0004, Sequence 1]
RIN 3090–AJ89
Federal Travel Regulation;
Transportation Network Companies
(TNC), Innovative Mobility Technology
Companies, and Reporting Travel,
Transportation, and Relocation Costs
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Direct final rule; request for
comments.
AGENCY:
GSA is amending the Federal
Travel Regulation (FTR) by adding
terms and definitions for ‘‘innovative
mobility technology company’’, ‘‘taxi’’,
and ‘‘transportation network company
(TNC)’’, and designating ‘‘innovative
mobility technology company’’ and
‘‘TNC’’ as forms of special conveyances.
In addition, this direct final rule adds a
due date by which agencies must report
travel, transportation, and relocation
costs and data to GSA. These actions are
required by the Modernizing
Government Travel Act.
DATES: This rule is effective on February
20, 2018 without further notice, unless
GSA receives adverse comments by
February 5, 2018.
GSA will consider whether these
comments are significant enough to
publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. Please see SUPPLEMENTARY
INFORMATION for more information on
significant adverse comments.
ADDRESSES: Submit comments
identified by FTR Case 2017–301 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘FTR Case 2017–301’’ under
the heading ‘‘Enter Keyword or ID’’ and
SUMMARY:
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selecting ‘‘Search’’. Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FTR Case 2017–301’’ and follow
the instructions provided on the screen.
Please include your name, company
name (if any), and ‘‘FTR Case 2017–
301’’ on your attached document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), Attn: Lois Mandell,
1800 F Street NW, Washington, DC
20405.
Instructions: Please submit comments
only and cite ‘‘FTR Case 2017–301’’ in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr. Cy
Greenidge, Program Analyst, Office of
Government-wide Policy, at 202–219–
2349 or cy.greenidge@gsa.gov. For more
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat (MVCB), 1800 F
Street NW, Washington, DC 20405, 202–
501–4755. Please cite FTR Case 2017–
301.
SUPPLEMENTARY INFORMATION:
A. Public Participation
GSA is publishing this direct final
rule without a prior proposed rule
because this is a noncontroversial action
required by statute, and GSA anticipates
no significant adverse comments.
A significant adverse comment is
defined as one where the comment
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. In
determining whether a significant
adverse comment is sufficient to
terminate a direct final rulemaking, GSA
will consider whether the comment
raises an issue serious enough to
warrant a substantive response in a
notice-and-comment process. GSA notes
that comments that are frivolous,
insubstantial, or outside the scope of the
rule would not be considered adverse
under this procedure. A comment
recommending a rule change in addition
to the rule would not be considered a
significant adverse comment, unless the
comment states why the rule would be
ineffective without the additional
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change. In addition, if a significant
adverse comment applies to part of a
rule and that part can be severed from
the remainder of the rule (e.g., where a
rule deletes several unrelated
regulations), GSA may adopt as final
those parts of the rule that are not the
subject of a significant adverse
comment. For further information about
commenting on this rule, please see the
ADDRESSES section of this document.
B. Authority for This Rulemaking
With the passage of Public Law (Pub.
L.) 115–34, the Modernizing
Government Travel Act (May 16, 2017),
the Administrator of General Services
was mandated to prescribe regulations
to provide for reimbursement for the use
of a TNC or innovative mobility
technology company by Federal
employees traveling on official business
under title 5, chapter 57, subchapter I of
the United States Code. In addition,
Public Law 115–34 establishes a due
date by which all Federal agencies must
report travel, transportation, and
relocation costs and data to the
Administrator of General Services.
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C. Background
In recent years, a new kind of
transportation service provider, known
as TNCs, have begun operating across
the United States and the world. TNCs
connect paying passengers with drivers
for hire via websites and mobile
applications (‘‘apps’’). TNCs are a form
of special conveyance under the Federal
Travel Regulation (FTR), and when
permissible under local laws and
ordinances, may be an efficient and
cost-effective alternative to taxis or
rental cars.
D. Discussion of Changes and Expected
Impact of This Rule
As a result of Public Law 115–34, this
direct final rule amends the FTR by
defining the terms ‘‘innovative mobility
technology company’’ and ‘‘TNC’’ and
listing them as special conveyances.
This direct final rule also defines the
word ‘‘taxi’’ and will treat ‘‘taxi’’ and
‘‘TNC’’ as synonymous in that both are
used to transport passengers for hire.
These changes will explicitly authorize
Federal agencies to reimburse
employees for use of TNCs and
innovative mobility technology
companies while on official travel. The
changes from this final direct rule will
bring the Federal Travel Regulation
more in line with modern transportation
service trends and practices.
Additionally, this direct final rule
adds the statutory due date for agency
reporting of travel, transportation, and
relocation costs and data to GSA. GSA
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will consolidate this data and report an
analysis of it to the Office of
Management and Budget (OMB) and
Congress. GSA will work with
stakeholders to evaluate this data and
the travel programs to shape future
policy decisions. These decisions may
incorporate new technologies to enable
efficient travel by Federal employees.
Finally, all data submitted to GSA based
upon changes in this direct final rule
will be transparent, published, and
available for public use along with the
summarized data that is delivered to
OMB and Congress.
E. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives, and if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This direct final rule is a
significant regulatory action and is
subject to review by OIRA under section
6(b) of Executive Order 12866. GSA has
further determined that this direct final
rule is not a major rule under 5 U.S.C.
804.
F. Executive Order 13771
This final rule is not subject to the
requirements of E.O. 13771 (82 FR 9339,
February 3, 2017) because it is related
to agency organization, management, or
personnel.
G. Regulatory Flexibility Act
H. 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.
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I. Small Business Regulatory
Enforcement Fairness Act
This direct final rule is also exempt
from Congressional review prescribed
under 5 U.S.C. 801. This direct final
rule is not a major rule under 5 U.S.C.
804.
List of Subjects
41 CFR Part 300–3
Government employees, Travel and
transportation expenses.
41 CFR Part 300–70
Government employees, Reporting
and recordkeeping requirements, Travel
and transportation expenses.
41 CFR Part 301–10
Common carriers, Government
employees, Government property,
Travel and transportation expenses.
41 CFR Part 301–70
Administrative practice and
procedure, Government employees,
Individuals with disabilities, Travel and
transportation expenses.
41 CFR Appendix C to Chapter 301
Government employees, Travel and
transportation expenses.
41 CFR Parts 302–1, 302–4, and 304–2
Government employees, Travel and
transportation expenses.
Dated: December 22, 2017.
Emily W. Murphy,
Administrator.
For the reasons set forth in the
preamble, GSA amends 41 CFR parts
300–3, 300–70, 301–10, 301–70,
Appendix C to Chapter 301, parts 302–
1, 302–4, and 304–2 as set forth below:
PART 300–3—GLOSSARY OF TERMS
This direct 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
direct final rule is also exempt from the
Administrative Procedure Act pursuant
to 5 U.S.C. 553(a)(2) because this direct
final rule involves matters relating to
agency management or personnel.
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603
1. The authority citation for 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, Office of Management and
Budget Circular No. A–126, Revised May 22,
1992.
2. Amend § 300–3.1 by adding, in
alphabetical order, the definitions
‘‘Innovative mobility technology
company’’, ‘‘Taxi’’, and ‘‘Transportation
network company (TNC)’’. The
additions read as follows:
■
§ 300–3.1
mean?
What do the following terms
*
*
*
*
*
Innovative mobility technology
company—An organization, including a
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corporation, limited liability company,
partnership, sole proprietorship, or any
other entity, that applies technology to
expand and enhance available
transportation choices, better manages
demand for transportation services, or
provides alternatives to driving alone.
Note to definition of ‘‘Innovative
mobility technology company’’: Certain
jurisdictions may have limits or prohibit the
operation or use of innovative mobility
technology companies. Federal employees
are expected to follow all laws, including
those related to innovative mobility
technology companies, as well as choose the
most cost effective level of service.
*
*
*
*
*
Taxi—A hired car that carries
passengers to a destination for a fare
based upon the distance traveled, time
spent in the vehicle, other metric, or a
flat rate to and from one point to
another (e.g., a flat rate from downtown
to a common carrier terminal).
*
*
*
*
*
Transportation network company
(TNC)—A corporation, partnership, sole
proprietorship, or other entity, that uses
a digital network to connect riders to
drivers affiliated with the entity in order
for the driver to transport the rider using
a vehicle owned, leased, or otherwise
authorized for use by the driver to a
point chosen by the rider; and does not
include a shared-expense carpool or
vanpool arrangement that is not
intended to generate profit for the
driver. Note: Certain jurisdictions may
have limits or prohibit the operation or
use of TNCs. Federal employees are
expected to follow all laws, including
those related to TNCs, as well as choose
the most cost effective level of service.
*
*
*
*
*
PART 300–70—AGENCY REPORTING
REQUIREMENTS
3. The authority citation for part 300–
70 continues to read as follows:
■
Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5
U.S.C. 5741–5742; 20 U.S.C. 905(a); 31 U.S.C.
1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; E.O.
11609, as amended, 3 CFR, 1971–1975
Comp., p. 586.
4. Amend part 300–70 by revising the
heading of Subpart A to read as follows:
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■
Subpart A—Requirement To Report
Agency Payments for Employee
Travel, Transportation, and Relocation
5. Amend § 300–70.1 by revising the
section heading and the introductory
text to read as follows:
■
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§ 300–70.1 What are the requirements for
reporting payments for employee travel,
transportation, and relocation?
Agencies (as defined in § 301–1.1 of
this subtitle) must report total travel and
transportation payments, including
relocation, no later than November 30 of
each year to GSA, as described in this
part:
*
*
*
*
*
■ 6. Revise § 300–70.2 through § 300–
70.4 to read as follows:
§ 300–70.2
report?
What information must we
Information on agency reporting
requirements is available at
www.gsa.gov/trip.
§ 300–70.3 When must we report pertinent
travel, transportation, and relocation data?
All travel, transportation, and
relocation data are due by the date
prescribed in § 300–70.1. The head of
your agency is responsible for ensuring
this data is complete and accurate
before submitting it to GSA.
§ 300–70.4 Must we report travel,
transportation, and relocation data if we
have major suborganizations?
Your report must cover all
components of your agency.
PART 301–10—TRANSPORTATION
EXPENSES
7. The authority citation for part 301–
10 is revised to read as follows:
■
Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c);
49 U.S.C. 40118; Office of Management and
Budget Circular No. A–126, ‘‘Improving the
Management and Use of Government
Aircraft.’’ Revised May 22, 1992.
§ 301–10.3
[Amended]
8. Amend § 301–10.3 by removing
from paragraph (d) ‘‘taxi’’ and adding
‘‘taxi, TNC, innovative mobility
technology company,’’ in its place.
■ 9. Revise § 301–10.308 to read as
follows:
■
§ 301–10.308 What will I be reimbursed if
I park my POV at a common carrier terminal
while I am away from my official station?
Your agency may reimburse your
parking fee as an allowable
transportation expense not to exceed the
cost of one of the following to/from the
terminal as determined by your agency:
(a) The cost of a taxi.
(b) The cost of a TNC fare.
(c) The cost of using an innovative
mobility technology company.
§ 301–10.400
[Amended]
10. Amend § 301–10.400 by removing
from paragraph (a) ‘‘Taxicabs’’ and
adding ‘‘Taxis, TNCs, or innovative
■
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mobility technology companies’’ in its
place.
■ 11. Revise the undesignated center
heading that appears immediately
before § 301–10.420 to read as follows:
Taxis, TNCs, Innovative Mobility
Technology Companies, Shuttle
Services, or Other Courtesy
Transportation
■ 12. Amend § 301–10.420 by—
■ a. Revising the section heading;
■ b. Removing from the introductory
text of paragraph (a) ‘‘taxi,’’ and adding
‘‘taxi, TNC, innovative mobility
technology company,’’ in its place; and
■ c. Removing from the introductory
text of paragraph (c) ‘‘taxicabs’’ and
adding ‘‘taxis, TNCs, or innovative
mobility technology companies’’ in its
place.
The revision reads as follows:
§ 301–10.420 When may I use a taxi, TNC,
innovative mobility technology company,
shuttle service or other courtesy
transportation?
*
*
*
*
*
13. Amend § 301–10.421 by revising
the section heading to read as follows:
■
§ 301–10.421 How much will my agency
reimburse me for a tip to a taxi, TNC,
innovative mobility technology company,
shuttle service, courtesy transportation
driver, or valet parking attendant?
*
*
*
*
*
PART 301–70—INTERNAL POLICY
AND PROCEDURE REQUIREMENTS
14. The authority citation for part
301–70 is revised 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; OMB Circular No. A–
123, Appendix B, revised January 15, 2009.
§ 301–70.102
[Amended]
15. Amend § 301–70.102 by removing
from paragraph (f) ‘‘commercially rented
vehicles’’ and adding ‘‘taxis, TNCs,
innovative mobility technology
companies, or commercially rented
vehicles’’ in its place.
■
Appendix C to Chapter 301 [Amended]
16. Amend Appendix C to Chapter
301 by—
■ a. Removing from the second table,
under the heading ‘‘Commercial
Transportation Information’’, in the
second column under the heading ‘‘Data
elements’’, in the last entry, the word
‘‘Taxi,’’ and adding ‘‘Taxi, TNC,
Innovative mobility technology
company,’’ in its place.
■ b. Removing from the third table,
under the heading ‘‘Travel Expense
Information’’, in the second column
■
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under the heading ‘‘Data Elements’’, the
words ‘‘Car rental, Taxis, Other’’ and
adding ‘‘Car rental, Taxi, TNC,
Innovative mobility technology
company, Other’’ in its place.
PART 302–1—GENERAL RULES
17. The authority citation for part
302–1 continues to read as follows:
■
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
§ 302–1.102
■
[Removed]
18. Remove § 302–1.102.
PART 302–4—ALLOWANCES FOR
SUBSISTENCE AND
TRANSPORTATION
19. The authority citation for part
302–4 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.
§ 302–4.302
[Amended]
20. Amend § 302–4.302, by removing
from paragraph (b), ‘‘taxicab fares’’ and
adding ‘‘taxi or TNC fares, or the cost of
utilizing an innovative mobility
technology company,’’ in its place.
■
PART 304–2—DEFINITIONS
21. The authority citation for part
304–2 continues to read as follows:
■
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
§ 304–2.1
[Amended]
22. Amend § 304–2.1, in the definition
‘‘Travel, subsistence, and related
expenses (travel expenses)’’, in the first
sentence, by removing ‘‘taxi fares’’ and
adding ‘‘taxi or TNC fares, or the cost of
utilizing an innovative mobility
technology company,’’ in its place.
■
[FR Doc. 2017–28503 Filed 1–4–18; 8:45 am]
BILLING CODE 6820–14–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 367
[Docket No. FMCSA–2017–0118]
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RIN 2126–AC03
Fees for the Unified Carrier
Registration Plan and Agreement
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
This rule establishes
reductions in the annual registration
SUMMARY:
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fees collected from motor carriers, motor
private carriers of property, brokers,
freight forwarders, and leasing
companies for the Unified Carrier
Registration (UCR) Plan and Agreement
for the registration years 2018, 2019 and
subsequent years. For the 2018
registration year, the fees will be
reduced below the current level by
approximately 9.10% to ensure that fee
revenues do not exceed the statutory
maximum, and to account for the excess
funds held in the depository. For the
2019 registration year and subsequent
years, the fees will be reduced below the
current level by approximately 4.55% to
ensure the fee revenues in that and
future years do not exceed the statutory
maximum.
DATES: This final rule is effective
January 5, 2018.
FOR FURTHER INFORMATION CONTACT: Mr.
Gerald Folsom, Office of Registration
and Safety Information, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590–0001 or by telephone at 202–
385–2405.
SUPPLEMENTARY INFORMATION:
This Final Rule is organized as
follows:
I. Rulemaking Documents
A. Availability of Rulemaking Documents
B. Privacy Act
II. Abbreviations and Acronyms
III. Executive Summary
A. Purpose and Summary of the Major
Provisions
B. Benefits and Costs
IV. Legal Basis for the Rulemaking
V. Statutory Requirements for UCR Fees
A. Legislative History
B. Fee Requirements
VI. Background
Recommendation From the UCR Plan
VII. Discussion of the Comments
A. Small Business in Transportation
Coalition
B. Revenue Entitlement for the State of
Texas
C. Change Design of Fee Structure
D. Other Concerns
VIII. International Impacts
IX. Section-by-Section Analysis
X. Regulatory Analyses
A. Executive Order (E.O.) 12866
(Regulatory Planning and Review), E.O.
13563 (Improving Regulation and
Regulatory Review), and DOT Regulatory
Policies and Procedures
B. E.O. 13771 Reducing Regulation and
Controlling Costs
C. Regulatory Flexibility Act (Small
Entities)
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act (Collection of
Information)
G. E.O. 13132 (Federalism)
H. E.O. 12988 (Civil Justice Reform)
I. E.O. 13045 (Protection of Children)
J. E.O. 12630 (Taking of Private Property)
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605
K. Privacy Impact Assessment
L. E.O. 12372 (Intergovernmental Review)
M. E.O. 13211 (Energy Supply,
Distribution, or Use)
N. E.O. 13175 (Indian Tribal Governments)
O. National Technology Transfer and
Advancement Act (Technical Standards)
P. Environment (National Environmental
Policy Act, Clean Air Act, Environmental
Justice)
I. Rulemaking Documents
A. Availability of Rulemaking
Documents
For access to docket FMCSA–2017–
0118 to read background documents, go
to https://www.regulations.gov at any
time, or to Docket Services at U.S.
Department of Transportation, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
B. Privacy Act
In accordance with 5 U.S.C. 553(c),
the U.S. Department of Transportation
(DOT) solicits comments from the
public to better inform its rulemaking
process. DOT posts any comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
II. Abbreviations and Acronyms
The following is a list of abbreviations
used in this document
Board Unified Carrier Registration Board of
Directors
CAA Clean Air Act
CE Categorical Exclusion
FMCSA Federal Motor Carrier Safety
Administration
OMB Office of Management and Budget
OOIDA Owner-Operator Independent
Drivers Association
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SBA Small Business Administration
SBREFA Small Business Regulatory
Enforcement Fairness Act
SBTC Small Business in Transportation
Coalition
SSRS Single State Registration System
Texas DMV Texas Department of Motor
Vehicles
UCR Unified Carrier Registration
UCR Agreement Unified Carrier
Registration Agreement
UCR Plan Unified Carrier Registration Plan.
III. Executive Summary
A. Purpose and Summary of the Major
Provisions
The UCR Plan and the 41 States
participating in the UCR Agreement
establish and collect fees from motor
carriers, motor private carriers of
E:\FR\FM\05JAR1.SGM
05JAR1
]]>Agencies
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Rules and Regulations]
[Pages 602-605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28503]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-3, 300-70, 301-10, 301-70, Appendix C to Chapter
301, Parts 302-1, 302-4, and 304-2
[FTR Amendment 2017-01; FTR Case 2017-301; Docket No. 2017-0004,
Sequence 1]
RIN 3090-AJ89
Federal Travel Regulation; Transportation Network Companies
(TNC), Innovative Mobility Technology Companies, and Reporting Travel,
Transportation, and Relocation Costs
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Direct final rule; request for comments.
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SUMMARY: GSA is amending the Federal Travel Regulation (FTR) by adding
terms and definitions for ``innovative mobility technology company'',
``taxi'', and ``transportation network company (TNC)'', and designating
``innovative mobility technology company'' and ``TNC'' as forms of
special conveyances. In addition, this direct final rule adds a due
date by which agencies must report travel, transportation, and
relocation costs and data to GSA. These actions are required by the
Modernizing Government Travel Act.
DATES: This rule is effective on February 20, 2018 without further
notice, unless GSA receives adverse comments by February 5, 2018.
GSA will consider whether these comments are significant enough to
publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. Please see
SUPPLEMENTARY INFORMATION for more information on significant adverse
comments.
ADDRESSES: Submit comments identified by FTR Case 2017-301 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by entering ``FTR Case
2017-301'' under the heading ``Enter Keyword or ID'' and selecting
``Search''. Select the link ``Submit a Comment'' that corresponds with
``FTR Case 2017-301'' and follow the instructions provided on the
screen. Please include your name, company name (if any), and ``FTR Case
2017-301'' on your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), Attn: Lois Mandell, 1800 F Street NW,
Washington, DC 20405.
Instructions: Please submit comments only and cite ``FTR Case 2017-
301'' in all correspondence related to this case.
All comments received will be posted without change to https://www.regulations.gov, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check www.regulations.gov approximately two to three
days after submission to verify posting (except allow 30 days for
posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Cy Greenidge, Program Analyst, Office of Government-wide Policy, at
202-219-2349 or [email protected]. For more information pertaining
to status or publication schedules, contact the Regulatory Secretariat
(MVCB), 1800 F Street NW, Washington, DC 20405, 202-501-4755. Please
cite FTR Case 2017-301.
SUPPLEMENTARY INFORMATION:
A. Public Participation
GSA is publishing this direct final rule without a prior proposed
rule because this is a noncontroversial action required by statute, and
GSA anticipates no significant adverse comments.
A significant adverse comment is defined as one where the comment
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. In determining whether a significant
adverse comment is sufficient to terminate a direct final rulemaking,
GSA will consider whether the comment raises an issue serious enough to
warrant a substantive response in a notice-and-comment process. GSA
notes that comments that are frivolous, insubstantial, or outside the
scope of the rule would not be considered adverse under this procedure.
A comment recommending a rule change in addition to the rule would not
be considered a significant adverse comment, unless the comment states
why the rule would be ineffective without the additional
[[Page 603]]
change. In addition, if a significant adverse comment applies to part
of a rule and that part can be severed from the remainder of the rule
(e.g., where a rule deletes several unrelated regulations), GSA may
adopt as final those parts of the rule that are not the subject of a
significant adverse comment. For further information about commenting
on this rule, please see the ADDRESSES section of this document.
B. Authority for This Rulemaking
With the passage of Public Law (Pub. L.) 115-34, the Modernizing
Government Travel Act (May 16, 2017), the Administrator of General
Services was mandated to prescribe regulations to provide for
reimbursement for the use of a TNC or innovative mobility technology
company by Federal employees traveling on official business under title
5, chapter 57, subchapter I of the United States Code. In addition,
Public Law 115-34 establishes a due date by which all Federal agencies
must report travel, transportation, and relocation costs and data to
the Administrator of General Services.
C. Background
In recent years, a new kind of transportation service provider,
known as TNCs, have begun operating across the United States and the
world. TNCs connect paying passengers with drivers for hire via
websites and mobile applications (``apps''). TNCs are a form of special
conveyance under the Federal Travel Regulation (FTR), and when
permissible under local laws and ordinances, may be an efficient and
cost-effective alternative to taxis or rental cars.
D. Discussion of Changes and Expected Impact of This Rule
As a result of Public Law 115-34, this direct final rule amends the
FTR by defining the terms ``innovative mobility technology company''
and ``TNC'' and listing them as special conveyances. This direct final
rule also defines the word ``taxi'' and will treat ``taxi'' and ``TNC''
as synonymous in that both are used to transport passengers for hire.
These changes will explicitly authorize Federal agencies to reimburse
employees for use of TNCs and innovative mobility technology companies
while on official travel. The changes from this final direct rule will
bring the Federal Travel Regulation more in line with modern
transportation service trends and practices.
Additionally, this direct final rule adds the statutory due date
for agency reporting of travel, transportation, and relocation costs
and data to GSA. GSA will consolidate this data and report an analysis
of it to the Office of Management and Budget (OMB) and Congress. GSA
will work with stakeholders to evaluate this data and the travel
programs to shape future policy decisions. These decisions may
incorporate new technologies to enable efficient travel by Federal
employees. Finally, all data submitted to GSA based upon changes in
this direct final rule will be transparent, published, and available
for public use along with the summarized data that is delivered to OMB
and Congress.
E. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives, and if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This direct final rule is a significant regulatory action and is
subject to review by OIRA under section 6(b) of Executive Order 12866.
GSA has further determined that this direct final rule is not a major
rule under 5 U.S.C. 804.
F. Executive Order 13771
This final rule is not subject to the requirements of E.O. 13771
(82 FR 9339, February 3, 2017) because it is related to agency
organization, management, or personnel.
G. Regulatory Flexibility Act
This direct 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 direct final
rule is also exempt from the Administrative Procedure Act pursuant to 5
U.S.C. 553(a)(2) because this direct final rule involves matters
relating to agency management or personnel.
H. 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.
I. Small Business Regulatory Enforcement Fairness Act
This direct final rule is also exempt from Congressional review
prescribed under 5 U.S.C. 801. This direct final rule is not a major
rule under 5 U.S.C. 804.
List of Subjects
41 CFR Part 300-3
Government employees, Travel and transportation expenses.
41 CFR Part 300-70
Government employees, Reporting and recordkeeping requirements,
Travel and transportation expenses.
41 CFR Part 301-10
Common carriers, Government employees, Government property, Travel
and transportation expenses.
41 CFR Part 301-70
Administrative practice and procedure, Government employees,
Individuals with disabilities, Travel and transportation expenses.
41 CFR Appendix C to Chapter 301
Government employees, Travel and transportation expenses.
41 CFR Parts 302-1, 302-4, and 304-2
Government employees, Travel and transportation expenses.
Dated: December 22, 2017.
Emily W. Murphy,
Administrator.
For the reasons set forth in the preamble, GSA amends 41 CFR parts
300-3, 300-70, 301-10, 301-70, Appendix C to Chapter 301, parts 302-1,
302-4, and 304-2 as set forth below:
PART 300-3--GLOSSARY OF TERMS
0
1. The authority citation for 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, Office of
Management and Budget Circular No. A-126, Revised May 22, 1992.
0
2. Amend Sec. 300-3.1 by adding, in alphabetical order, the
definitions ``Innovative mobility technology company'', ``Taxi'', and
``Transportation network company (TNC)''. The additions read as
follows:
Sec. 300-3.1 What do the following terms mean?
* * * * *
Innovative mobility technology company--An organization, including
a
[[Page 604]]
corporation, limited liability company, partnership, sole
proprietorship, or any other entity, that applies technology to expand
and enhance available transportation choices, better manages demand for
transportation services, or provides alternatives to driving alone.
Note to definition of ``Innovative mobility technology
company'':
Certain jurisdictions may have limits or prohibit the operation
or use of innovative mobility technology companies. Federal
employees are expected to follow all laws, including those related
to innovative mobility technology companies, as well as choose the
most cost effective level of service.
* * * * *
Taxi--A hired car that carries passengers to a destination for a
fare based upon the distance traveled, time spent in the vehicle, other
metric, or a flat rate to and from one point to another (e.g., a flat
rate from downtown to a common carrier terminal).
* * * * *
Transportation network company (TNC)--A corporation, partnership,
sole proprietorship, or other entity, that uses a digital network to
connect riders to drivers affiliated with the entity in order for the
driver to transport the rider using a vehicle owned, leased, or
otherwise authorized for use by the driver to a point chosen by the
rider; and does not include a shared-expense carpool or vanpool
arrangement that is not intended to generate profit for the driver.
Note: Certain jurisdictions may have limits or prohibit the operation
or use of TNCs. Federal employees are expected to follow all laws,
including those related to TNCs, as well as choose the most cost
effective level of service.
* * * * *
PART 300-70--AGENCY REPORTING REQUIREMENTS
0
3. The authority citation for part 300-70 continues to read as follows:
Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20
U.S.C. 905(a); 31 U.S.C. 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118;
E.O. 11609, as amended, 3 CFR, 1971-1975 Comp., p. 586.
0
4. Amend part 300-70 by revising the heading of Subpart A to read as
follows:
Subpart A--Requirement To Report Agency Payments for Employee
Travel, Transportation, and Relocation
0
5. Amend Sec. 300-70.1 by revising the section heading and the
introductory text to read as follows:
Sec. 300-70.1 What are the requirements for reporting payments for
employee travel, transportation, and relocation?
Agencies (as defined in Sec. 301-1.1 of this subtitle) must report
total travel and transportation payments, including relocation, no
later than November 30 of each year to GSA, as described in this part:
* * * * *
0
6. Revise Sec. 300-70.2 through Sec. 300-70.4 to read as follows:
Sec. 300-70.2 What information must we report?
Information on agency reporting requirements is available at
www.gsa.gov/trip.
Sec. 300-70.3 When must we report pertinent travel, transportation,
and relocation data?
All travel, transportation, and relocation data are due by the date
prescribed in Sec. 300-70.1. The head of your agency is responsible
for ensuring this data is complete and accurate before submitting it to
GSA.
Sec. 300-70.4 Must we report travel, transportation, and relocation
data if we have major suborganizations?
Your report must cover all components of your agency.
PART 301-10--TRANSPORTATION EXPENSES
0
7. The authority citation for part 301-10 is revised to read as
follows:
Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c); 49 U.S.C. 40118;
Office of Management and Budget Circular No. A-126, ``Improving the
Management and Use of Government Aircraft.'' Revised May 22, 1992.
Sec. 301-10.3 [Amended]
0
8. Amend Sec. 301-10.3 by removing from paragraph (d) ``taxi'' and
adding ``taxi, TNC, innovative mobility technology company,'' in its
place.
0
9. Revise Sec. 301-10.308 to read as follows:
Sec. 301-10.308 What will I be reimbursed if I park my POV at a
common carrier terminal while I am away from my official station?
Your agency may reimburse your parking fee as an allowable
transportation expense not to exceed the cost of one of the following
to/from the terminal as determined by your agency:
(a) The cost of a taxi.
(b) The cost of a TNC fare.
(c) The cost of using an innovative mobility technology company.
Sec. 301-10.400 [Amended]
0
10. Amend Sec. 301-10.400 by removing from paragraph (a) ``Taxicabs''
and adding ``Taxis, TNCs, or innovative mobility technology companies''
in its place.
0
11. Revise the undesignated center heading that appears immediately
before Sec. 301-10.420 to read as follows:
Taxis, TNCs, Innovative Mobility Technology Companies, Shuttle
Services, or Other Courtesy Transportation
0
12. Amend Sec. 301-10.420 by--
0
a. Revising the section heading;
0
b. Removing from the introductory text of paragraph (a) ``taxi,'' and
adding ``taxi, TNC, innovative mobility technology company,'' in its
place; and
0
c. Removing from the introductory text of paragraph (c) ``taxicabs''
and adding ``taxis, TNCs, or innovative mobility technology companies''
in its place.
The revision reads as follows:
Sec. 301-10.420 When may I use a taxi, TNC, innovative mobility
technology company, shuttle service or other courtesy transportation?
* * * * *
0
13. Amend Sec. 301-10.421 by revising the section heading to read as
follows:
Sec. 301-10.421 How much will my agency reimburse me for a tip to a
taxi, TNC, innovative mobility technology company, shuttle service,
courtesy transportation driver, or valet parking attendant?
* * * * *
PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS
0
14. The authority citation for part 301-70 is revised 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; OMB Circular No. A-123, Appendix B, revised
January 15, 2009.
Sec. 301-70.102 [Amended]
0
15. Amend Sec. 301-70.102 by removing from paragraph (f)
``commercially rented vehicles'' and adding ``taxis, TNCs, innovative
mobility technology companies, or commercially rented vehicles'' in its
place.
Appendix C to Chapter 301 [Amended]
0
16. Amend Appendix C to Chapter 301 by--
0
a. Removing from the second table, under the heading ``Commercial
Transportation Information'', in the second column under the heading
``Data elements'', in the last entry, the word ``Taxi,'' and adding
``Taxi, TNC, Innovative mobility technology company,'' in its place.
0
b. Removing from the third table, under the heading ``Travel Expense
Information'', in the second column
[[Page 605]]
under the heading ``Data Elements'', the words ``Car rental, Taxis,
Other'' and adding ``Car rental, Taxi, TNC, Innovative mobility
technology company, Other'' in its place.
PART 302-1--GENERAL RULES
0
17. The authority citation for part 302-1 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
Sec. 302-1.102 [Removed]
0
18. Remove Sec. 302-1.102.
PART 302-4--ALLOWANCES FOR SUBSISTENCE AND TRANSPORTATION
0
19. The authority citation for part 302-4 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. 302-4.302 [Amended]
0
20. Amend Sec. 302-4.302, by removing from paragraph (b), ``taxicab
fares'' and adding ``taxi or TNC fares, or the cost of utilizing an
innovative mobility technology company,'' in its place.
PART 304-2--DEFINITIONS
0
21. The authority citation for part 304-2 continues to read as follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
Sec. 304-2.1 [Amended]
0
22. Amend Sec. 304-2.1, in the definition ``Travel, subsistence, and
related expenses (travel expenses)'', in the first sentence, by
removing ``taxi fares'' and adding ``taxi or TNC fares, or the cost of
utilizing an innovative mobility technology company,'' in its place.
[FR Doc. 2017-28503 Filed 1-4-18; 8:45 am]
BILLING CODE 6820-14-P
