[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Rules and Regulations]
[Pages 41994-41995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17666]



41 CFR Part 102-5

[FMR Amendment 2010-02; FMR Case 2010-102-4; Docket 2010-0013, Sequence 
RIN 3090-AJ05

Federal Management Regulation; Home-to-Work Transportation

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

ACTION: Final rule.


SUMMARY: The General Services Administration is amending the Federal 
Management Regulation (FMR) to clarify existing Home-to-Work 
Transportation policy. This final rule updates and clarifies who is not 
covered by 41 CFR part 102-5.

DATES: Effective Date: This final rule is effective on July 20, 2010.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 

[[Page 41995]]

James Vogelsinger, Office of Governmentwide Policy, Office of Travel, 
Transportation, and Asset Management (MT), (202) 501-1764 or e-mail at 
[email protected]. For information pertaining to status or 
publication schedules contact the Regulatory Secretariat, 1800 F 
Street, NW., Room 4041, Washington, DC 20405, (202) 501-4755. Please 
cite FMR case 2010-102-4.


A. Background

    Federal Management Regulation (FMR) part 102-5 was published in the 
Federal Register on September 12, 2000 (65 FR 54966) to establish 
policy regarding home-to-work transportation. Section 102-5.20 defines 
who is not covered by the policy within part 102-5. This final rule 
clarifies who is not covered by the policy within part 102-5. This 
final rule also refers readers to section 102-34.210 which addresses 
when a Government motor vehicle can be used for transportation between 
places of employment and mass transit facilities.

B. Executive Order 12866

    This final rule 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.

C. Regulatory Flexibility Act

    This final rule is not required to be published in the Federal 
Register for notice and comment as per the exemption specified in 5 
U.S.C. 553 (a)(2); therefore, the Regulatory Flexibility Act, 5 U.S.C. 
601, et seq., does not apply. However, this final rule is being 
published to provide transparency in the promulgation of Federal 

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 102-5

    Government property, Home-to-work transportation, Motor vehicles.

    Dated: May 25, 2010.
Martha Johnson,
Administrator of General Services.

For the reasons set forth in the preamble, GSA amends 41 CFR part 102-5 
as set forth below:


1. The authority citation for 41 CFR part 102-5 is revised to read as 

    Authority: 40 U.S.C. 121(c); 31 U.S.C. 1344(e)(1).

2. Amend section Sec.  102-5.20 by--
(a) Revising paragraph (a);
(b) Removing paragraph (b);
(c) Redesignating paragraph (c) as paragraph (b);
(d) Removing the period at the end of newly redesignated paragraph (b) 
and adding ``; or'' in its place; and
(e) Adding a new paragraph (c).
    The revisions read as follows:

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

* * * * *
    (a) Employees who use a passenger carrier in conjunction with 
official travel, including temporary duty (TDY) or relocation;
* * * * *
    (c) Employees who use a passenger carrier for transportation 
between places of employment and mass transit facilities (see, e.g., 41 
CFR 102-34.210).

[FR Doc. 2010-17666 Filed 7-19-10; 8:45 am]