[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Rules and Regulations]
[Pages 24063-24066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08415]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 300-3, 301-10, 301-51, and 302-16

[FTR Case 2020-301-1; Docket No. GSA-FTR-2021-0017, Sequence No. 2]
RIN 3090-AK45


Federal Travel Regulation; Rental Car Policy Updates and 
Clarifications

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

ACTION: Final rule.

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SUMMARY: This final rule clarifies that agencies may reimburse 
relocating employees rental car fees when their privately owned vehicle 
(POV) suffers a shipping delay when arriving at or returning from a 
foreign or non-foreign area outside the continental United States 
(OCONUS). The rule also defines the terms: OCONUS and fuel. It also 
clarifies when collision damage waiver(s) and theft insurance are 
reimbursable during car rentals.

DATES: Effective May 23, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. Ed Davis, Program Analyst, Office 
of Government-wide Policy, at 202-669-1653 or [email protected] for 
clarification of content. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755 or [email protected]. Please cite ``FTR Case 2020-301-1.''

SUPPLEMENTARY INFORMATION:

I. Background

    GSA published a proposed rule at 86 FR 50863 on September 13, 2021, 
to provide clarifications to rental car use policies and definitions.
    Agencies are authorized to provide eligible employees a 
miscellaneous expenses allowance (MEA) to defray some of the costs 
incurred while relocating. A non-exhaustive list of examples of MEAs 
can be found at FTR Sec.  302-16.2. While not specifically mentioned as 
an example of an MEA, agencies are allowed to provide reimbursement for 
relocating employees for rental car use while awaiting arrival of their 
privately owned vehicle (POV) due to shipment delay from or to OCONUS. 
The lack of specific mention of this type of miscellaneous expense in 
the FTR has caused agency confusion surrounding its authorization for 
reimbursement.
    The reimbursement of the cost of collision damage waiver (CDW) or 
theft insurance when renting a vehicle for

[[Page 24064]]

official travel was not allowed (FTR Sec.  301-10.451(b)). Employees 
required to travel OCONUS could be reimbursed for the cost of CDW or 
theft insurance, but not both.
    This was done in error when transliterating the FTR into plain 
language. It is only relevant to a few rentals in foreign areas where 
both types of insurance are required by law.
    The definition of types of vehicular power sources needed updating 
to replace ``gas'' and ``gasoline'' with the term ``fuel,'' and further 
defines fuel to account for other types of vehicular power sources, 
such as hydrogen, propane, and electricity.

II. Discussion and Analysis

    GSA reviewed the public comments in discussion of the final rule. A 
discussion of the comments and changes made to the rule as a result of 
those comments are provided as follow:

A. Summary of Changes

    This final rule makes the following changes from the proposed rule:
     Updates the list of MEA examples in FTR Sec.  302-16.2 to 
explicitly include discretionary rental car reimbursement due to OCONUS 
shipping delays and adds the caveat that such expense may only be 
authorized for up to 10 days. The 10 days exclude reimbursement for the 
days after a POV is delivered or a new POV is purchased at the 
location. Adds a new paragraph (f) under FTR Sec.  301-10.450 to 
clarify that a rental car is to be used for official purposes only and 
provides examples.
     Updates FTR Sec.  301-10.451 (b) to reflect that collision 
damage waiver (CDW) and theft insurance may be reimbursed when deemed 
necessary.
     Clarifies the definition of OCONUS and adds it to the 
glossary of terms. OCONUS consists of foreign areas and non-foreign 
areas (unless otherwise qualified as ``non-foreign OCONUS'' or 
``foreign OCONUS.'')
     Removes ``Trust Territories of the Pacific Islands'' from 
the definitions of ``Foreign area'' and ``Non-foreign area.'' The Trust 
Territories of the Pacific Islands no longer exist.
     Removes the terms ``gas'' and ``gasoline'', where 
appropriate, and replaces it with the term ``fuel'', and further 
defines fuel to account for other types of vehicle power sources, such 
as hydrogen, propane, and electricity.

B. Analysis of Public Comments

    GSA received comments from six commenters through the public 
comment process.
    1. One commenter suggested that GSA clarify that a POV must 
actually be shipped to claim rental expenses under the MEA and that 
shipment applies to both foreign area OCONUS and non-foreign area 
OCONUS. GSA modified the language in FTR part 302-16 to emphasize that 
a POV must be shipped and clarified that the allowance applies to both 
foreign area OCONUS and non-foreign area OCONUS.
    2. One commenter stated that an employee should get reimbursed for 
a rental car as well as fuel. The FTR currently permits reimbursement 
for authorized use of a rental car under FTR 301-2.5(g). Fuel for 
rental vehicles is also an allowable transportation expense when 
incurred while on temporary duty travel.
    3. One commenter expressed general support for the rule and another 
commenter expressed support specifically for replacing the words 
``gasoline'' and ``gas'' with the term ``fuel'', where appropriate. GSA 
concurs.
    4. One commenter had four suggestions: Amend the FTR to (1) allow 
employees to rent larger vehicles if needed for family size or larger 
amounts of cargo, (2) allow for use of a Government vehicle by 
authorized dependents, (3) include purchase of a POV as a reason to end 
rental car reimbursement, and (4) increase the size of the MEA or 
exclude rental car fees from the MEA expense limit. In response, GSA 
notes that: (1) The FTR currently allows agencies to authorize use of a 
larger class of rental vehicle when certain exceptions are met under 
FTR Sec.  301-10.450, (2) the commenter's suggested change to the 
Government vehicle regulations is outside the scope of this rule and 
will not be implemented, (3) GSA concurs with the suggestion and has 
made conforming changes to the rule in FTR Sec.  302-16.2, and (4) MEA 
limitations regarding basic pay are done under the authority of 5 
U.S.C. 5738 and cannot be changed without further regulatory amendment. 
No changes to the rule will be made based on this suggestion.
    5. One commenter wanted clarification that employees returning from 
an OCONUS location would also be allowed a rental car reimbursement 
when their OCONUS shipments are delayed. GSA concurs that this was the 
intent of the change and the language in FTR part 302-16 has been 
clarified accordingly. The commenter also asked a procedural question 
unrelated to the regulation change, and which is answered in existing 
regulations.

II. 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, 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. 
OIRA has determined that 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.

III. Congressional Review Act

    This rule is not a major rule under 5 U.S.C. 804(2). Subtitle E of 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(codified at 5 U.S.C. 801-808), also known as the Congressional Review 
Act or CRA, generally provides that before a rule may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. OIRA has determined that this 
final rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

IV. 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. 
Therefore, an Initial Regulatory Flexibility Analysis was not 
performed.

V. 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.

List of Subjects in 41 CFR Parts 300-3, 301-10, 301-51, and 302-16

    Government employees, Travel and transportation expenses.

Robin Carnahan,
Administrator of General Services.

    For the reasons set forth in the preamble, GSA is amending 41 CFR

[[Page 24065]]

parts 300-3, 301-10, 301-51, and 302-16 as set forth below:

PART 300-3--GLOSSARY OF TERMS

0
1. The authority citation for part 300-3 continues to read as follows:

    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118; 5 
U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; 
E.O. 11609, as amended; 3 CFR 1971-1975 Comp., p. 586, Office of 
Management and Budget Circular No. A-126, revised May 22, 1992.


0
2. Amend Sec.  300-3.1 by:
0
a. Removing the definition of ``Foreign area'';
0
b. Adding, in alphabetical order, the definition of ``Fuel'';
0
c. Removing the definition of ``Non-foreign area''; and
0
d. Adding, in alphabetical order, the definition of ``Outside the 
Continental United States''.
    The additions read as follows:


Sec.  300-3.1  What do the following terms mean?

* * * * *
    Fuel--The energy source needed to power a vehicle. Examples 
include, but are not limited to, petroleum, hydrogen, propane, and 
electricity.
* * * * *
    Outside the Continental United States (OCONUS)--Any area beyond the 
48 contiguous States and the District of Columbia, i.e., CONUS. OCONUS 
is further divided into foreign areas and non-foreign areas:
    (1) Foreign area--Any area situated beyond both the CONUS and the 
non-foreign areas.
    (2) Non-foreign area--The states of Alaska and Hawaii, the 
Commonwealths of Puerto Rico and the Northern Mariana Islands, Guam, 
the U.S. Virgin Islands, and the territories and possessions of the 
United States.
* * * * *

PART 301-10--TRANSPORTATION EXPENSES

0
3. The authority citation for part 301-10 continues to read as follows:

    Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c); 49 U.S.C. 40118; 
Office of Management and Budget Circular No. A-126, ``Improving the 
Management and Use of Government Aircraft.'' Revised May 22, 1992.


Sec.  301-10.304  [AMENDED]

0
4. Revise the table in Sec.  301-10.304 to read as follows:


Sec.  301-10.304  What expenses are allowable in addition to the POV 
mileage rate allowances?

* * * * *

------------------------------------------------------------------------
                                            Non-reimbursable expenses
  Reimbursable expenses in addition to       included in the mileage
           mileage allowance                        allowance
------------------------------------------------------------------------
Parking fees; ferry fees; bridge, road,  Charges for repairs,
 and tunnel fees; and aircraft or         depreciation, replacements,
 airplane parking, landing, and tie-      grease, oil, antifreeze,
 down fees.                               towage and similar speculative
                                          expenses, fuel, insurance,
                                          state and Federal taxes.
------------------------------------------------------------------------

Sec.  301-10.401  [Amended]

0
5. Amend Sec.  301-10.401 by removing from paragraph (a) the word 
``Gasoline'' and adding ``Fuel'' in its place.

0
6. Amend Sec.  301-10.450 by adding paragraph (f) to read as follows:


Sec.  301-10.450  What are the policies when authorized to rent a 
vehicle for official travel?

* * * * *
    (f) A rental car is to be used only for official purposes, which 
include transportation:
    (1) Between places of official business;
    (2) Between such places and places of temporary lodging when public 
transportation is unavailable or its use is impractical; or
    (3) Between either subparagraph (1) or (2) of this paragraph and 
restaurants, drug stores, barber shops, places of worship, cleaning 
establishments, and similar places necessary for the sustenance, 
comfort, or health of the employee to foster the continued efficient 
performance of Government business.


Sec.  301-10.451  [AMENDED]

0
7. Amend Sec.  301-10.451 by revising paragraph (b) to read as follows:


Sec.  301-10.451  May I be reimbursed for the cost of collision damage 
waiver (CDW) or theft insurance?

* * * * *
    (b) Exception. You will be reimbursed for CDW or theft insurance, 
or both, when you travel OCONUS and such insurance is necessary because 
the rental or leasing agency requirements, foreign statute, or legal 
procedures could cause extreme difficulty for an employee involved in 
an accident.

PART 301-51--PAYING TRAVEL EXPENSES

0
8. The authority citation for 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).


Sec.  301-51.200  [Amended]

0
9. In Sec.  301-51.200 amend paragraph (a)(3) by removing the word 
``Gasoline'' and adding ``Fuel'' in its place.

PART 302-16--Allowance for Miscellaneous Expenses

0
10. The authority citation for part 302-16 continues to read as 
follows:

    Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, as 
amended, 3 CFR 1971-1975 Comp., p. 586.


0
11. Amend Sec.  302-16.2 by
0
a. Revising paragraph (a) and
0
b. In paragraph (b) adding a row to the end of the table.
    The additions read as follows:


Sec.  302-16.2  What are miscellaneous expenses?

* * * * *
    (a) Costs associated with relocating that are not covered by other 
relocation benefits detailed in chapter 302, but are covered by the 
MEA.
    (b) * * *

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           General expenses                           Fees/deposits                            Losses
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                                                  * * * * * * *
Rental Car...........................  Rental car fees while awaiting a delayed     ............................
                                        POV shipment to/from OCONUS. Reimbursement
                                        shall not exceed 10 days and does not
                                        include the days after the POV is
                                        delivered or a new POV is purchased at
                                        location.
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[FR Doc. 2022-08415 Filed 4-21-22; 8:45 am]
BILLING CODE 6820-14-P