[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Rules and Regulations]
[Pages 54965-54968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23250]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 101-6 and 102-5

[FPMR Amendment A-55]
RIN 3090-AH08


Home-to-Work Transportation

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is revising Federal 
Property Management Regulations (FPMR) by moving coverage on the 
official use of Government passenger carriers between residence and 
place of employment (i.e. home-to-work transportation) into the Federal 
Management Regulation (FMR). A cross-reference is added to the FPMR to 
direct readers to the coverage in the FMR. The FMR is written in plain 
language to provide agencies with updated regulatory material that is 
easy to read and understand.

EFFECTIVE DATE: September 12, 2000.

FOR FURTHER INFORMATION CONTACT: James B. Vogelsinger, Federal Vehicle 
Policy Division (MTV), 202-501-1764 or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    As parts of the FPMR are rewritten, they are being moved into the 
Federal Management Regulation (FMR). Subpart 101-6.4 of the Federal 
Property Management Regulations (FPMR) has been rewritten as a part of 
GSA's regulatory initiative to update, streamline, and clarify the 
FPMR. During this rewriting process, GSA surveyed the Federal Fleet 
Policy Council (FEDFLEET) members in November 1999 and considered the 
comments received.
    The scope provision of the current regulation in subpart 101-6.400 
states that the rule does not apply to use of a Government passenger 
carrier in conjunction with official travel in performing temporary 
duty (TDY) assignments. In redrafting the regulation, GSA revised the 
structure of the rule. While the scope of this final rule states that 
the regulation governs the use of Government passenger carriers to 
transport employees between their homes and place of work, the rule 
still does not apply to the use of a Government passenger carrier in 
conjunction with official travel in performing temporary duty (TDY) 
assignments, or permanent change of station (PCS) travel, as is made 
clear in Sec. 102-5.20 of this final rule.
    GSA occasionally receives inquiries about the tax implications for 
employees using Government passenger carriers for transportation 
between their residence and place of employment. Agencies and employees 
should examine their tax responsibilities and consult the Internal 
Revenue Service as needed.
    Another subject about which GSA receives questions involves 
Government contractor use of Government passenger carriers. While this 
regulation, in most provisions, addresses Federal officers or employees 
exclusively, 41 CFR 102-34.230 states that an agency cannot authorize a 
Government contractor to use motor vehicles between residence and place 
of employment unless authorized in accordance with 31 U.S.C. 1344 and 
this regulation.

B. Executive Order 12866

    GSA has determined that this final rule is not a significant 
regulatory action

[[Page 54966]]

for the purposes of Executive Order 12866 of September 30, 1993.

C. Regulatory Flexibility Act

    This final rule is not expected to 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.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final rule 
does not impose recordkeeping or information collection requirements, 
or the collection of information from offerors, contractors, or members 
of the public which require the approval of the Office of Management 
and Budget (OMB) under 44 U.S.C. 3501, et seq.

E. Small Business Regulatory Enforcement Fairness Act

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

List of Subjects in 41 CFR Parts 101-6 and 102-5

    Government property management.

    For the reasons set forth in the preamble, GSA amends 41 CFR 
chapters 101 and 102 as follows:

CHAPTER 101--[AMENDED]

    1. The authority citation for part 101-6 continues to read as 
follows:

    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); 31 
U.S.C. 1344(e)(1).

PART 101-6--MISCELLANEOUS REGULATIONS

    2. Subpart 101-6.4 consisting of Sec. 101-6.400 is revised to read 
as follows:

Subpart 101-6.4--Official Use of Government Passenger Carriers 
Between Residence and Place of Employment


Sec. 101-6.400  Cross-reference to the Federal Management Regulation 
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For policy concerning official use of Government passenger carriers 
between residence and place of employment previously contained in this 
part, see FMR part 5 (41 CFR part 102-5), Home-to-Work Transportation.

CHAPTER 102--[AMENDED]

    3. Part 102-5 is added to subchapter A of chapter 102 to read as 
follows:

PART 102-5--HOME-TO-WORK TRANSPORTATION

Subpart A--General

Sec.
102-5.5   Preamble.
102-5.10   What does this part cover?
102-5.15   Who is covered by this part?
102-5.20   Who is not covered by this part?
102-5.25   What additional guidance concerning home-to-work 
transportation should Federal agencies issue?
102-5.30   What definitions apply to this part?
Subpart B--Authorizing Home-to-Work Transportation
102-5.35   Who is authorized home-to-work transportation?
102-5.40   May the agency head delegate the authority to make home-
to-work determinations?
102-5.45   Should determinations be completed before an employee is 
provided with home-to-work transportation?
102-5.50   May determinations be made in advance for employees who 
respond to unusual circumstances when they arise?
102-5.55   How do we prepare determinations?
102-5.60   How long are initial determinations effective?
102-5.65   What procedures apply when the need for home-to-work 
transportation exceeds the initial period?
102-5.70   What considerations apply in making a determination to 
authorize home-to-work transportation for field work?
102-5.75   What circumstances do not establish a basis for 
authorizing home-to-work transportation for field work?
102-5.80   What are some examples of positions that may involve 
field work?
102-5.85   What information should our determination for field work 
include if positions are identified rather than named individuals?
102-5.90   Should an agency consider whether to base a Government 
passenger carrier at a Government facility near the employee's home 
or work rather than authorize the employee home-to-work 
transportation?
102-5.95   Is the comfort and/or convenience of an employee 
considered sufficient justification to authorize home-to-work 
transportation?
102-5.100   May we use home-to-work transportation for other than 
official purposes?
102-5.105   May others accompany an employee using home-to-work 
transportation?
Subpart C--Documenting and Reporting Determinations
102-5.110   Must we report our determinations outside of our agency?
102-5.115   When must we report our determinations?
102-5.120   What are our responsibilities for documenting use of 
home-to-work transportation?

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); 31 
U.S.C. 1344(e)(1).

Subpart A--General


Sec. 102-5.5  Preamble.

    (a) The questions and associated answers in this part are 
regulatory in effect. Thus compliance with the written text of this 
part is required by all to whom it applies.
    (b) The terms ``we,'' ``I,'' ``our,'' ``you,'' and ``your,'' when 
used in this part, mean you as a Federal agency, an agency head, or an 
employee, as appropriate.


Sec. 102-5.10  What does this part cover?

    This part covers the use of Government passenger carriers to 
transport employees between their homes and places of work.


Sec. 102-5.15  Who is covered by this part?

    This part covers Federal agency employees in the executive, 
judicial, and legislative branches of the Government, with the 
exception of employees of the Senate, House of Representatives, 
Architect of the Capitol, and government of the District of Columbia.


Sec. 102-5.20  Who is not covered by this part?

    This part does not cover:
    (a) Employees who are on official travel (TDY); or
    (b) Employees who are on permanent change of station (PCS) travel; 
or
    (c) Employees who are essential for the safe and efficient 
performance of intelligence, counterintelligence, protective services, 
or criminal law enforcement duties when designated in writing as such 
by their agency head.


Sec. 102-5.25  What additional guidance concerning home-to-work 
transportation should Federal agencies issue?

    Each Federal agency using Government passenger carriers to provide 
home-to-work transportation for employees who are essential for the 
safe and efficient performance of intelligence, counterintelligence, 
protective services, or criminal law enforcement duties should issue 
guidance concerning such use.


Sec. 102-5.30  What definitions apply to this part?

    The following definitions apply to this part:
    Agency head means the highest official of a Federal agency.
    Clear and present danger means highly unusual circumstances that 
present a threat to the physical safety of the employee or their 
property when the danger is:

[[Page 54967]]

    (1) Real; and
    (2) Immediate or imminent, not merely potential; and
    (3) The use of a Government passenger carrier would provide 
protection not otherwise available.
    Compelling operational considerations means those circumstances 
where home-to-work transportation is essential to the conduct of 
official business or would substantially increase a Federal agency's 
efficiency and economy.
    Emergency means circumstances that exist whenever there is an 
immediate, unforeseeable, temporary need to provide home-to-work 
transportation for those employees necessary to the uninterrupted 
performance of the agency's mission. (An emergency may occur where 
there is a major disruption of available means of transportation to or 
from a work site, an essential Government service must be provided, and 
there is no other way to transport those employees.)
    Employee means a Federal officer or employee of a Federal agency, 
including an officer or enlisted member of the Armed Forces.
    Federal agency means:
    (1) A department (as defined in section 18 of the Act of August 2, 
1946 (41 U.S.C. 5a));
    (2) An executive department (as defined in 5 U.S.C. 101);
    (3) A military department (as defined in 5 U.S.C. 102);
    (4) A Government corporation (as defined in 5 U.S.C. 103(1));
    (5) A Government controlled corporation (as defined in 5 U.S.C. 
103(2));
    (6) A mixed-ownership Government corporation (as defined in 31 
U.S.C. 9101(2));
    (7) Any establishment in the executive branch of the Government 
(including the Executive Office of the President);
    (8) Any independent regulatory agency (including an independent 
regulatory agency specified in 44 U.S.C. 3502(10));
    (9) The Smithsonian Institution;
    (10) Any nonappropriated fund instrumentality of the United States; 
and
    (11) The United States Postal Service.
    Field work means official work requiring the employee's presence at 
various locations other than his/her regular place of work. (Multiple 
stops (itinerant-type travel) within the accepted local commuting area, 
limited use beyond the local commuting area, or transportation to 
remote locations that are only accessible by Government-provided 
transportation are examples of field work.)
    Home means the primary place where an employee resides and from 
which the employee commutes to his/her place of work.
    Home-to-work transportation means the use of a Government passenger 
carrier to transport an employee between his/her home and place of 
work.
    Passenger carrier means a motor vehicle, aircraft, boat, ship, or 
other similar means of transportation that is owned (including those 
that have come into the possession of the Government by forfeiture or 
donation), leased, or rented (non-TDY) by the United States Government.
    Work means any place within the accepted commuting area, as 
determined by the Federal agency for the locality involved, where an 
employee performs his/her official duties.

Subpart B--Authorizing Home-to-Work Transportation


Sec. 102-5.35  Who is authorized home-to-work transportation?

    By statute, certain Federal officials are authorized home-to-work 
transportation, as are employees who meet certain statutory criteria as 
determined by their agency head. The Federal officials authorized by 
statute are the President, the Vice-President, and other principal 
Federal officials and their designees, as provided in 31 U.S.C. 
1344(b)(1) through (b)(7). Those employees engaged in field work, or 
faced with a clear and present danger, an emergency, or a compelling 
operational consideration may be authorized home-to-work transportation 
as determined by their agency head. No other employees are authorized 
home-to-work transportation.


Sec. 102-5.40  May the agency head delegate the authority to make home-
to-work determinations?

    No, the agency head may not delegate the authority to make home-to-
work determinations.


Sec. 102-5.45  Should determinations be completed before an employee is 
provided with home-to-work transportation?

    Yes, determinations should be completed before an employee is 
provided with home-to-work transportation unless it is impracticable to 
do so.


Sec. 102-5.50  May determinations be made in advance for employees who 
respond to unusual circumstances when they arise?

    Yes, determinations may be made in advance when the Federal agency 
wants to have employees ready to respond to:
    (a) A clear and present danger;
    (b) An emergency; or
    (c) A compelling operational consideration.

    Note to Sec. 102-5.50: Implementation of these determinations is 
contingent upon one of the three circumstances occurring. Thus, 
these may be referred to as ``contingency determinations.''

Sec. 102-5.55  How do we prepare determinations?

    Determinations must be in writing and include the:
    (a) Name and title of the employee (or other identification, if 
confidential);
    (b) Reason for authorizing home-to-work transportation; and
    (c) Anticipated duration of the authorization.


Sec. 102-5.60  How long are initial determinations effective?

    Initial determinations are effective for no longer than:
    (a) Two years for field work, updated as necessary; and
    (b) Fifteen days for other circumstances.


Sec. 102-5.65  What procedures apply when the need for home-to-work 
transportation exceeds the initial period?

    The agency head may approve unlimited subsequent determinations, 
when the need for home-to-work transportation exceeds the initial 
period, for no longer than:
    (a) Two years each for field work, updated as necessary; and
    (b) Ninety calendar days each for other circumstances.


Sec. 102-5.70  What considerations apply in making a determination to 
authorize home-to-work transportation for field work?

    Agencies should consider the following when making a determination 
to authorize home-to-work transportation for field work:
    (a) The location of the employee's home in proximity to his/her 
work and to the locations where non-TDY travel is required; and
    (b) The use of home-to-work transportation for field work should be 
authorized only to the extent that such transportation will 
substantially increase the efficiency and economy of the Government.


Sec. 102-5.75  What circumstances do not establish a basis for 
authorizing home-to-work transportation for field work?

    The following circumstances do not establish a basis for 
authorizing home-to-work transportation for field work:
    (a) When an employee assigned to field work is not actually 
performing field work.

[[Page 54968]]

    (b) When the employee's workday begins at his/her work; or
    (c) When the employee normally commutes to a fixed location, 
however far removed from his/her official duty station (for example, 
auditors or investigators assigned to a defense contractor plant).

    Note to Sec. 102-5.75: For instances where an employee is 
authorized home-to-work transportation under the field work 
provision, but performs field work only on an intermittent basis, 
the agency shall establish procedures to ensure that a Government 
passenger carrier is used only when field work is actually being 
performed. Although some employees' daily work station is not 
located in a Government office, these employees are not performing 
field work. Like all Government employees, employees working in a 
``field office'' are responsible for their own commuting costs.

Sec. 102-5.80  What are some examples of positions that may involve 
field work?

    Examples of positions that may involve field work include, but are 
not limited to:
    (a) Quality assurance inspectors;
    (b) Construction inspectors;
    (c) Dairy inspectors;
    (d) Mine inspectors;
    (e) Meat inspectors; and
    (f) Medical officers on outpatient service.

    Note to Sec. 102-5.80: The assignment of an employee to such a 
position does not, of itself, entitle an employee to receive daily 
home-to-work transportation.

Sec. 102-5.85  What information should our determination for field work 
include if positions are identified rather than named individuals?

    If positions are identified rather than named individuals, your 
determination for field work should include sufficient information to 
satisfy an audit, if necessary. This information should include the job 
title, number, and operational level where the work is to be performed 
(e.g., five recruiter personnel or, positions at the Detroit Army 
Recruiting Battalion).

    Note to Sec. 102-5.85: An agency head may elect to designate 
positions rather than individual names, especially in positions 
where rapid turnover occurs.

Sec. 102-5.90  Should an agency consider whether to base a Government 
passenger carrier at a Government facility near the employee's home or 
work rather than authorize the employee home-to-work transportation?

    Yes, situations may arise where, for cost or other reasons, it is 
in the Government's interest to base a Government passenger carrier at 
a Government facility located near the employee's home or work rather 
than authorize the employee home-to-work transportation.


Sec. 102-5.95  Is the comfort and/or convenience of an employee 
considered sufficient justification to authorize home-to-work 
transportation?

    No, the comfort and/or convenience of an employee is not considered 
sufficient justification to authorize home-to-work transportation.


Sec. 102-5.100  May we use home-to-work transportation for other than 
official purposes?

    No, you may not use home-to-work transportation for other than 
official purposes. However, if your agency has prescribed rules for the 
incidental use of Government vehicles (as provided in 31 U.S.C. note), 
you may use the vehicle in accordance with those rules in connection 
with an existing home-to-work authorization.


Sec. 102-5.105  May others accompany an employee using home-to-work 
transportation?

    Yes, an employee authorized home-to-work transportation may share 
space in a Government passenger carrier with other individuals, 
provided that the passenger carrier does not travel additional 
distances as a result and such sharing is consistent with his/her 
Federal agency's policy. When a Federal agency establishes its space 
sharing policy, the Federal agency should consider its potential 
liability for and to those individuals. Home-to-work transportation 
does not extend to the employee's spouse, other relatives, or friends 
unless they travel with the employee from the same point of departure 
to the same destination, and this use is consistent with the Federal 
agency's policy.

Subpart C--Documenting and Reporting Determinations


Sec. 102-5.110  Must we report our determinations outside of our 
agency?

    Yes, you must submit your determinations to the following 
Congressional Committees:
    (a) Chairman, Committee on Governmental Affairs, United States 
Senate, Suite SD-340, Dirksen Senate Office Building, Washington, DC 
20510-6250; and
    (b) Chairman, Committee on Governmental Reform, United States House 
of Representatives, Suite 2157, Rayburn House Office Building, 
Washington, DC 20515-6143.


Sec. 102-5.115  When must we report our determinations?

    You must report your determinations to Congress no later than 60 
calendar days after approval. You may consolidate any subsequent 
determinations into a single report and submit them quarterly.


Sec. 102-5.120  What are our responsibilities for documenting use of 
home-to-work transportation?

    Your responsibilities for documenting use of home-to-work 
transportation are that you must maintain logs or other records 
necessary to verify that any home-to-work transportation was for 
official purposes. Each agency may decide the organizational level at 
which the logs should be maintained and kept. The logs or other records 
should be easily accessible for audit and should contain:
    (a) Name and title of employee (or other identification, if 
confidential) using the passenger carrier;
    (b) Name and title of person authorizing use;
    (c) Passenger carrier identification;
    (d) Date(s) home-to-work transportation is authorized;
    (e) Location of residence;
    (f) Duration; and
    (g) Circumstances requiring home-to-work transportation.

    Note: This document was received at the Office of the Federal 
Register on September 6, 2000.


    Dated: February 14, 2000.
David J. Barram,
Administrator of General Services.
[FR Doc. 00-23250 Filed 9-11-00; 8:45 am]
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