[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Rules and Regulations]
[Pages 63137-63138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21987]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 301-51 and 301-70

[FTR Amendment 2016-01; FTR Case 2015-303; Docket No. 2016-0005, 
Sequence No. 1]
RIN 3090-AJ68


Federal Travel Regulation; Optimal Use of the Government 
Contractor Issued Travel Charge Card

AGENCY: Office of Government-wide Policy (OGP), General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: GSA is amending the Federal Travel Regulation (FTR) by 
updating the exemptions from mandatory use of the Government 
contractor-issued travel charge card to ensure the card is used as 
often as practicable.

DATES: 
    Effective: September 14, 2016.
    Applicability: Federal agencies have until November 14, 2016 to 
apply this rule to their internal policies.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Cy Greenidge, Program Analyst, Office of Government-wide Policy, at 
202-219-2349. For more information pertaining to status or publication 
schedules, contact the Regulatory Secretariat (MVCB), 1800 F Street 
NW., Washington, DC 20405, 202-501-4755. Please cite FTR Case 2015-303.

SUPPLEMENTARY INFORMATION:

A. Background

    GSA published a proposed rule in the Federal Register on January 
29, 2016 (81 FR 5007). That rule proposed amending the FTR to emphasize 
the need for agencies to maximize Government contractor-issued travel 
charge card rebates by increasing the use of the card. Additionally, 
this rule proposed updating the classes of official travel expenses and 
employees that are exempt from mandatory use of the Government 
contractor-issued travel charge card, with the goal of increasing the 
issuance and appropriate use of the cards by employees on official 
travel.
    The public had 60 calendar days to comment on the proposed rule. 
GSA received six comments. Four comments applied to the proposed rule; 
however, one did not fall under the purview of this office, and the 
other was out-of-scope based upon the subject matter of the final rule. 
As a result of the applicable comments, GSA made changes to the rule, 
although these changes are not considered to be significant.

B. Analysis of Public Comments

    Comment: Proposed paragraph 301-70.700(d) should be revised. It 
should begin with ``If it is not in the interest of the Government to 
do so . . .''
    Response: Upon reflection, GSA determined the proposed amendment to 
Sec.  301-70.700 to be unnecessary, and therefore, it has been removed.
    Comment: Federal agencies cannot verify/enforce that their 
travelers charge all official travel expenses to the Government travel 
charge card. As a result of this change in practice, verifying the 
charge card method of payment has become a more labor intensive/
expensive process thus nullifying the benefits derived from generating 
additional travel charge card rebates.
    Response: The purpose of this amendment is to increase the use of 
the Government contractor-issued travel charge card by limiting the 
number of exemptions, as opposed to verifying or enforcing that 
travelers actually use these cards. Section 301-70.700 already requires 
that employees, unless exempted, use the Government contractor-issued 
travel charge card for official travel expenses. Agencies should 
already have an established verification process in place. Thus, GSA 
will not change the language in the amendment based upon this comment.
    Comment: I agree with the changes to Sec.  301-51.2 because it 
requires more travelers to have and use the Government contractor-
issued travel charge card. While Sec. Sec.  301-70.700, 301-70.701, and 
301-70.704 gives the agency a way to exempt employees with poor credit 
or high delinquency rates.
    Response: Respondent is in agreement with the final rule. While GSA 
removed the proposed amendments to Sec. Sec.  301-70.700 and 301-70.701 
as unnecessary, agencies retain the authority to exempt any payment, 
person, type or class of payments, or type or class of agency personnel 
if the exemption is determined to be necessary in the interest of the 
agency.
    Comment: In the FTR proposal, it is written: If an employee is 
deemed eligible for a Government contractor-issued travel charge card 
and is expected to travel, the card must be issued and activated within 
60 days of the travel charge card eligibility date, as determined by 
the agency. The proposal does not state any actions to take if the 
account is not activated within 60 days. Will GSA be writing something 
in the FTR that will further clarify what actions should be taken if 
the cardholder does not activate the account within 60 days?
    Response: Employees are required to activate the Government 
contractor-issued travel charge card when received. Agencies should 
develop internal policy addressing what actions to take if an employee 
fails to activate the card within 60 days of receipt. GSA has updated 
sections Sec. Sec.  301-51.1 and 301-70.708 to address this comment.
    Comment: Travel cards for official use can be better managed if 
bills go to a central office for approval and payment. This will also 
eliminate the massive misuse of the cards. Additionally, it will take 
the card holder out of the loop for late fees and potential impact on 
their credit scores.
    Response: This comment is outside the scope of this rule, and as 
such, no change will be made to the language of the amendment based 
upon this comment.
    Comment: Section 301-12.1 removes ATM fee as a miscellaneous travel 
expense and does not give agencies discretion to pay ATM fees as a 
miscellaneous expense. Section 300-70.200(h) implies that an agency or 
approving official can determine if the ATM fees can be paid as a 
separate miscellaneous expense, if warranted (e.g., forced gratuity or 
other incidental expenses, which may exhaust the allowance to cover the 
cost of ATM fees). Sections 301-12.1 and 300-70.200 are contradictory 
and need to be revised.
    Response: This comment is outside the scope of this rule, and as 
such, no change will be made to the language of the amendment based 
upon this comment.

C. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 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,

[[Page 63138]]

environmental, public health and safety effects, distributive impacts, 
and equity). E.O. 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. GSA has determined that this final rule is not a 
significant regulatory action is not subject to review under section 
6(b) of Executive Order 12866. GSA has further determined that this 
final rule is not a major rule under 5 U.S.C. 804.

D. Regulatory Flexibility Act

    This final rule will 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 Administrative Procedure Act pursuant to 5 U.S.C. 
553(a)(2) because it applies to agency management or personnel.

E. 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 (OMB) under 44 U.S.C. 3501, et seq.

F. Small Business Regulatory Enforcement Fairness Act

    This final rule is also exempt from Congressional review prescribed 
under 5 U.S.C. 801. This final rule is not a major rule under 5 U.S.C. 
804.

List of Subjects in 41 CFR Parts 301-51 and 301-70

    Government employees, Travel and transportation expenses, Paying 
travel expenses, Internal policy and procedure requirements.

    Dated: August 3, 2016.
Denise Turner Roth,
Administrator of General Services.

    For the reasons set forth in the preamble, pursuant to 5 U.S.C. 
5701-5711, GSA amends 41 CFR parts 301-51 and 301-70 as set forth 
below:

PART 301-51--PAYING TRAVEL EXPENSES

0
1. The authority citation for 41 CFR part 301-51 continues to read as 
follows:

    Authority:  5 U.S.C. 5707. Subpart A is issued under the 
authority of Sec. 2, Pub. L. 105-264, 112 Stat. 2350 (5 U.S.C. 5701 
note); 40 U.S.C. 121(c).

0
2. Revise Sec.  301-51.1 to read as follows:


Sec.  301-51.1  How must I use the Government contractor-issued travel 
charge card?

    You are required to activate the Government contractor-issued 
travel charge card once you receive it, and then use it as the method 
of payment for all official travel expenses unless exempted under Sec.  
301-51.2.

0
 3. Revise Sec.  301-51.2 to read as follows:


Sec.  301-51.2   Are there any official travel expenses that are exempt 
from the mandatory use of the Government contractor-issued travel 
charge card?

    Expenses for which payment through the Government contractor-issued 
travel charge card is impractical (e.g., vendor does not accept credit 
cards) or imposes unreasonable burdens or costs (e.g., fees are charged 
for using the card) are exempt from use of the travel charge card. Your 
agency may also exempt an official travel expense when it is necessary 
in the interest of the agency (see Sec.  301-51.4).


Sec. Sec.  301-51.3 through 301-51.8   [Redesignated as Sec. Sec.  301-
51.4 through 301-51.9]

0
4. Redesignate Sec. Sec.  301-51.3 through 301-51.8 as Sec. Sec.  301-
51.4 through 301-51.9, respectively.

0
5. Add a new Sec.  301-51.3 to read as follows:


Sec.  301-51.3  What classes of employees are exempt from mandatory use 
of the Government contractor-issued travel charge card?

    The Administrator of General Services exempts the following classes 
of employees from mandatory use of the Government contractor-issued 
travel charge card:
    (a) Any employee who has an application pending for the Government 
contractor-issued travel charge card;
    (b) Any employee, when issuance of the Government contractor-issued 
travel charge card would adversely affect the mission or put the 
employee at risk; and
    (c) Any employee who is not eligible to receive a Government 
contractor-issued travel charge card.


Sec.  301-51.6  [Amended]

0
6. In the newly designated Sec.  301-51.6, after paragraph (c), revise 
the heading of the note to read ``Note to Sec.  301-51.6''.

PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS

0
7. The authority citation for 41 CFR part 301-70 continues to read as 
follows:

    Authority:  5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 
105-264, 112 Stat. 2350 (5 U.S.C. 5701, note), OMB Circular No. A-
126, revised May 22, 1992, and OMB Circular No. A-123, Appendix B, 
revised January 15, 2009.


Sec.  301-70.702  [Amended]

0
8. Amend Sec.  301-70.702 by removing ``MTT'' and adding ``MAE'' in its 
place.

0
9. Revise Sec.  301-70.704 to read as follows:


Sec.  301-70.704  What classes of employees are exempt from mandatory 
use of the Government contractor-issued travel charge card?

    The Administrator of General Services exempts the following classes 
of employees from mandatory use of the Government contractor-issued 
travel charge card:
    (a) Any employee who has an application pending for the Government 
contractor-issued travel charge card;
    (b) Any employee, when issuance of the Government contractor-issued 
travel charge card would adversely affect the mission or put the 
employee at risk; and
    (c) Any employee who is not eligible to receive a Government 
contractor-issued travel charge card.

0
10. Revise Sec.  301-70.708 to read as follows:


Sec.  301-70.708  What actions may we take if an employee fails to 
activate the Government contractor-issued travel charge card and/or 
misuses the travel charge card?

    Internal agency policies and procedures should be established 
defining what are considered to be misuses of the Government 
contractor-issued travel charge card. Appropriate action may be taken 
pursuant to those policies if an employee fails to activate the 
Government contractor-issued travel charge card within 60 days of 
receipt or misuses the travel charge card.

[FR Doc. 2016-21987 Filed 9-13-16; 8:45 am]
 BILLING CODE 6820-14-P