[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Rules and Regulations]
[Pages 70234-70235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23861]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 302-4

[FTR Amendment 2007-06; FTR Case 2007-306; Docket 2007-0002, Sequence 
5]
RIN 3090-AI40


Federal Travel Regulation; Relocation Allowances; OCONUS Travel

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

ACTION: Final rule.

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SUMMARY: Federal Travel Regulation (FTR) Amendment 2007-03, FTR Case 
2007-301 was published in the Federal Register on June 27, 2007 (72 FR 
35187). That final rule changed the mileage reimbursement rate for 
using a personally owned vehicle (POV) for relocation to equal the 
Internal Revenue Service (IRS) Standard Mileage Rate for moving 
purposes in the continental United States (CONUS). Subsequent 
information revealed that in changing to this rate, GSA inadvertently 
removed any ability to apply this rate to both foreign and non-foreign 
overseas (OCONUS) relocations. This final rule will allow for the new 
mileage reimbursement rate to be applied worldwide. It will also allow 
for the use of actual expense for OCONUS relocations if the agency 
chooses to do so. The FTR and any corresponding documents may be 
accessed at GSA's website at http://www.gsa.gov/ftr.

DATES: Effective Date: This final rule is effective December 11, 2007. 
Applicability Date: This final rule is applicable to September 25, 
2007.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VIR), Room 
4035, GS Building, Washington, DC, 20405, (202) 501-4755, for 
information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Ed Davis, Office of 
Governmentwide Policy (M), Office of Travel, Transportation and Asset 
Management (MT), General Services Administration at (202) 208-7638 or 
e-mail at [email protected]. Please cite FTR Amendment 2007-06; FTR case 
2007-306.

SUPPLEMENTARY INFORMATION:

A. Background

    On June 27, 2007, GSA published a final rule specifying that the 
IRS Standard Mileage Rate for moving purposes would be the rate at 
which agencies will reimburse an employee for using a POV for CONUS 
relocation.

[[Page 70235]]

    The final rule, published in the Federal Register on June 27, 2007 
(72 FR 35187) clearly limited the scope of the rule to CONUS 
relocations. Research since that date, in response to an inquiry from 
the Department of Defense (DoD), has shown that this was a mistake. 
Therefore, this new final rule removes any reference to CONUS from 
section 302-4.300 of the FTR and allows for this rate to be applied 
worldwide. The FTR also will authorize actual expense for these 
expenses.

B. Summary of the Issues Involved

    This final rule corrects an inadvertent error, and allows for the 
reimbursement of OCONUS relocation mileage at either the mileage rate 
specified in FTR section 302-4.300 or actual expense under new section 
302-4.304. In addition, FTR section 302-4.302 currently allows an 
agency to authorize a higher mileage reimbursement rate for OCONUS 
relocations utilizing a POV under certain circumstances. Thus, agencies 
will have three choices for reimbursing an OCONUS relocation mileage 
reimbursement rate for POV usage. Each agency through its internal 
policy, must decide what form its relocation mileage reimbursement rate 
will take. But, before any agencies can have a legitimately based 
OCONUS rate, GSA must change the wording of the June 27, 2007 final 
rule to allow agencies to use the IRS rate worldwide.

C. Changes to Current FTR

    This final rule revises section 302-4.300 of the FTR to reflect the 
Internal Revenue Service Standard Mileage Rate for relocation by POV 
and adds section 302-4.304 allowing for actual expense.

D. Executive Order 12866

    This regulation is excepted from the definition of ``regulation'' 
or ``rule'' under Section 3(d)(3) of Executive Order 12866, Regulatory 
Planning and Review, dated September 30, 1993 and, therefore, was not 
subject to review under Section 6(b) of that executive order.

E. Regulatory Flexibility Act

    This final rule is not required to be published in the Federal 
Register for notice and comment; therefore, the Regulatory Flexibility 
Act, 5 U.S.C. 601, et seq., does not apply.

F. 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 under 44 U.S.C. 3501, et seq.

E. Small Business Regulatory Enforcement Fairness Act

    This final rule is also 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 Part 302-4

    Government employees, Relocation, Travel and transportation 
expenses.

    Dated: September 27, 2007.
Lurita Doan,
Administrator of General Services.

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For the reasons set out in this preamble, 41 CFR part 302-4 is amended 
as set forth below:

PART 302-4--ALLOWANCES FOR SUBSISTENCE AND TRANSPORTATION

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1. The authority citation for 41 CFR 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.
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2. Revise Sec.  302-4.300 to read as follows:


Sec.  302-4.300  What is the POV mileage rate for PCS travel?

    For approved/authorized PCS travel by POV, the mileage 
reimbursement rate is the same as the moving expense mileage rate 
established by the Internal Revenue Service (IRS) for moving expense 
deductions. See IRS guidance available on the Internet at www.irs.gov. 
GSA publishes the rate for mileage reimbursement in an FTR Bulletin on 
an intermittent basis. You may find the FTR Bulletins at www.gsa.gov/relo.
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3. Add Sec.  302-4.304 to read as follows:


Sec.  302-4.304  For relocation outside the continental United States 
(OCONUS), may my agency allow actual expense reimbursement instead of 
the POV mileage rate for PCS travel?

    Yes, for an OCONUS relocation involving POV usage, your agency may 
allow reimbursement of certain actual expenses of using the POV (i.e., 
fuel plus the additional expenses listed in Sec.  301-10.304).
[FR Doc. E7-23861 Filed 12-10-07; 8:45 am]
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