Federal Register - September 13, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1
any, and FTR Case 20203011 on your attached document. If your comment cannot be submitted using https www.regulations.gov, call or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate instructions.
Instructions: Please submit comments only and cite FTR Case 20203011, in all correspondence related to this case.
Comments received generally will be posted without change to https
www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comments, please check www.regulations.gov, approximately two to three days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Ed Davis, Program Analyst, Office of Government-wide Policy, at 202208
7638. Contact the Regulatory Secretariat Division MVCB, 1800 F Street NW, 2nd Floor, Washington, DC 20405, 202
5014755, for information pertaining to status or publication schedules. Please cite FTR Case 20203011, Definition for Fuel, Rental Car Policy Updates and Clarifications.
SUPPLEMENTARY INFORMATION:
I. Background Federal Travel Regulation FTR part 30216 authorizes agencies to provide eligible employees a miscellaneous expenses allowance MEA to defray some of the costs incurred while relocating. A non-exhaustive list of examples of allowable miscellaneous expenses can be found at FTR 30216.2.
While not specifically mentioned as an example of a reimbursable miscellaneous expense, the FTR allows for employees serving OCONUS to be reimbursed for rental car use while awaiting arrival of their POV due to shipment delay. The lack of specific mention of this type of miscellaneous expense in the FTR has caused agency confusion surrounding its authorization for reimbursement. Accordingly, this proposed rule would update the list of miscellaneous expenses examples in FTR 30216.2 to explicitly include discretionary rental car reimbursement OCONUS, and add the caveat that such expense may only be authorized for up to 10 days, or until delivery of the POV, whichever occurs first.
To clarify a position that is in current practice, but not specifically stated in the FTR, a new paragraph f under FTR
30110.450 will be added stating that a rental car may be used for the same purposes as a Government vehicle other than a Government aircraft under FTR 30110.201.
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As a general rule, employees authorized to rent a vehicle for official travel are not reimbursed the cost of collision damage waiver CDW or theft insurance. However, employees who are required to travel OCONUS may be reimbursed CDW or theft insurance, but not both, based on the current regulatory language FTR 301
10.451b. This proposed rule updates the FTR to reflect that both types of insurance can be paid when necessary.
Finally, the proposed rule removes the terms gas and gasoline, where appropriate, and replaces it with the term fuel, and further defines fuel to account for not only gasoline, but also other types of vehicle power sources, such as hydrogen, propane, and electricity.
II. 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 is not anticipated to be a significant regulatory action and, therefore, was not subject to review under Section 6b of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. As this proposed rule is not anticipated to be a significant regulatory action, GSA is not required to provide an economic analysis under Section 6a of E.O.
12866.
III. Congressional Review Act This rule is not a major rule under 5
U.S.C. 8042. Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 codified at 5
U.S.C. 801808, also known as the Congressional Review Act or CRA, 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. OIRA has determined that this proposed rule is not a major rule as defined by 5 U.S.C. 8042.
IV. Regulatory Flexibility Act GSA does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the
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Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the changes are administrative in nature and only affect Government employees.
Therefore, an Initial Regulatory Flexibility Analysis has not been performed. GSA invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities.
GSA will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C.
610. Interested parties must submit such comments separately and should cite 5
U.S.C 610 FTR Case 20203011, in correspondence.
V. 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.
List of Subjects in 41 CFR Parts 3003, 30110, 30151, and 30216
Government employees, Travel and transportation expenses.
Krystal J. Brumfield, Associate Administrator, Office of Government-wide Policy.
For the reasons set forth in the preamble, GSA proposes to amend 41
CFR parts 3003, 30110, 30151, and 30216 as set forth below:
PART 3003GLOSSARY OF TERMS
1. The authority citation for part 300
3 continues to read as follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121c;
49 U.S.C. 40118; 5 U.S.C. 5738; 5 U.S.C.
57415742; 20 U.S.C. 905a; 31 U.S.C. 1353;
E.O. 11609, as amended; 3 CFR 19711975
Comp., p. 586, Office of Management and Budget Circular No. A126, revised May 22, 1992.
2. Amend 3003.1 by adding a definition for Fuel in alphabetical order to read as follows:
3003.1
mean?
What do the following terms
FuelThe energy source needed to power a vehicle. Examples include, but are not limited to, petroleum, hydrogen, propane, and electricity.
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