[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]
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