[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Proposed Rules]
[Pages 31545-31546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13215]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-34

[FMR Case 2011-102-2; Docket 2011-0011; Sequence 1]
RIN 3090-AJ14


Federal Management Regulation; Motor Vehicle Management

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration is proposing to amend the 
Federal Management Regulation (FMR) by revising current policy on the 
definitions relating to the rental versus the lease of motor vehicles. 
The proposed rule would increase the less than 60 continuous day rental 
timeframe to less than 120 continuous days and adjust the definition of 
the term ``commercial lease or lease commercially'' accordingly to 
allow for the instances when agencies have a valid temporary mission 
requirement for a motor vehicle of 60 continuous days or more in 
duration but of significantly fewer days in duration than is typically 
available under commercial leases, which commonly require a minimum 
lease period of one year.

DATES: Interested parties should submit comments in writing on or 
before

[[Page 31546]]

August 1, 2011 to be considered in the formulation of a final rule.

ADDRESSES: Submit comments identified by FMR Case 2011-102-2 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by inputting ``FMR Case 
2011-102-2'' under the heading ``Enter Keyword or ID'' and selecting 
``Search.'' Select the link ``Submit a Comment'' that corresponds with 
``FMR Case 2011-102-2.'' Follow the instructions provided at the 
``Submit a Comment'' screen. Please include your name, company name (if 
any), and ``FMR Case 2011-102-2'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1275 First Street, NE., Rm. 783E, ATTN: Hada 
Flowers, Washington, DC 20417.
    Instructions: Please submit comments only and cite FMR Case 2011-
102-2, in all correspondence related to this case. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. James Vogelsinger at (202) 501-1764 or e-mail at 
[email protected]. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at (202) 501-
4755. Please cite FMR Case 2011-102-2.

SUPPLEMENTARY INFORMATION: 

A. Background

    Currently, as provided in 41 CFR 102-34.35, a motor vehicle rental 
is limited to less than 60 continuous days. If an agency obtains a 
motor vehicle for 60 continuous days or more, then it is a commercial 
lease under current regulations. Agencies, however, often have a valid 
temporary mission requirement for a motor vehicle of 60 continuous days 
or more in duration but of significantly fewer days in duration than is 
typically available under commercial leases, which commonly require a 
minimum lease period of one year. Also, some agencies have requirements 
from time to time for additional vehicles for relatively short periods 
of time. As a result, agencies are turning to short-term rentals to 
meet these motor vehicle needs but have encountered impediments when 
those needs meet or exceed 60 continuous days but are less than a year 
(for which commercial leases are commonly available). In order to 
address these issues, GSA is proposing to amend section 102-34.35 of 
the FMR (41 CFR 102-34.35) to redefine the term ``motor vehicle 
rental'' to increase the less than 60 continuous day rental timeframe 
to less than 120 continuous days and adjust the definition of the term 
``commercial lease or lease commercially'' accordingly. GSA is 
cognizant of the impact of such a proposed policy change on motor 
vehicle identification in that the identification requirements attach 
to Government motor vehicles only, a term that does not encompass motor 
vehicle rentals.
    This proposed regulatory amendment would provide greater 
flexibility to Federal agencies in meeting their motor vehicle needs.

B. Executive Order 12866 and Executive Order 13563

    Executive Orders 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). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This is not a significant regulatory action and, 
therefore, was not subject to review under Section 6(b) of Executive 
Order 12866, Regulatory Planning and Review, dated September 30, 1993. 
This rule is not a major rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

    This proposed rule would 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 proposed rule is 
also exempt from the Regulatory Flexibility Act per 5 U.S.C. 553(a)(2) 
because it applies to agency management. However, this proposed rule is 
being published to provide transparency in the promulgation of Federal 
policies.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
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 proposed 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 102-34

    Energy conservation, Government property management, Motor Vehicle 
Management, Reporting and recordkeeping requirements.

    Dated: March 14, 2011.
Kathleen M. Turco,
Associate Administrator.

    For the reasons set forth in the preamble, GSA proposes to amend 41 
CFR part 102-34 as set forth below:

PART 102-34--MOTOR VEHICLE MANAGEMENT

    1. The authority citation for 41 CFR part 102-34 continues to read 
as follows:

    Authority:  40 U.S.C. 121(c); 40 U.S.C. 17503; 31 U.S.C. 1344; 
49 U.S.C. 32917; E.O. 12375.

    2. In Sec.  102-34.35, revise the definitions of the terms 
``Commercial lease or lease commercially'' and ``Motor vehicle rental'' 
to read as follows:


Sec.  102-34.35  What definitions apply to this part?

* * * * *
    Commercial lease or lease commercially means obtaining a motor 
vehicle by contract or other arrangement from a commercial source for 
120 continuous days or more. (Procedures for purchasing and leasing 
motor vehicles through GSA can be found in 41 CFR subpart 101-26.5).
* * * * *
    Motor vehicle rental means obtaining a motor vehicle by contract or 
other arrangement from a commercial source for less than 120 continuous 
days.
* * * * *
[FR Doc. 2011-13215 Filed 5-31-11; 8:45 am]
BILLING CODE 6820-14-P