[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Rules and Regulations]
[Pages 76622-76623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31470]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-34

[FMR Change 2011-03; FMR Case 2011-102-2; Docket 2011-0011; Sequence 2]
RIN 3090-AJ14


Federal Management Regulation; Motor Vehicle Management

AGENCY: Office of Governmentwide Policy, (GSA).

ACTION: Final rule.

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SUMMARY: The General Services Administration is amending the Federal 
Management Regulation (FMR) by revising current policy on the 
definitions relating to the rental versus the lease of motor vehicles. 
The rule increases 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: Effective Date: December 8, 2011.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. James Vogelsinger, Director, Motor Vehicle Management Policy 
Division, at (202) 501-1764 or email at [email protected]. 
Please contact the Regulatory Secretariat (MVCB), 1275 First Street 
NE., Washington, DC 20417, (202) 501-4755, for information pertaining 
to status or publication schedules. Please cite FMR Change 2011-03, FMR 
Case 2011-102-2.

[[Page 76623]]


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).
    A proposed rule 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 was published in the Federal 
Register on June 1, 2011 (76 FR 31545). There were no comments. This 
regulatory amendment will 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 final 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 final 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 final 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 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 102-34

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

     Dated: October 31, 2011.
Martha Johnson,
Administrator.

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

PART 102-34--MOTOR VEHICLE MANAGEMENT

0
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.


0
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. 2011-31470 Filed 12-7-11; 8:45 am]
BILLING CODE 6820-14-P