[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