[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Rules and Regulations]
[Pages 71888-71890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29565]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 302-3 and 302-9

[FTR Amendment 2011-06; FTR Case 2011-307; Docket Number 2011-0025, 
sequence 1]
RIN 3090-AJ18


Federal Travel Regulation (FTR); Storage of a Privately Owned 
Vehicle When Assigned a Temporary Change of Station in Support of a 
Contingency Operation

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: This final rule amends the Federal Travel Regulation (FTR), 
and allows agencies to establish internal policy and procedures for 
storage of a privately owned vehicle (POV) when an employee is assigned 
a temporary change of station (TCS) in support of a contingency 
operation.

DATES: Effective date: This final rule is effective December 21, 2011.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Rick Miller, Office of Governmentwide Policy, Travel Management Policy, 
at (202) 501-3822 or email at rodney.miller@gsa.gov. The Regulatory 
Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417, (202) 
501-4755, for information pertaining to status or publication 
schedules. Please cite FTR Amendment 2011-06 FTR case 2011-307.

SUPPLEMENTARY INFORMATION: 

A. Background

    Pursuant to 5 U.S.C. 5738 the Administrator of General Services is 
authorized to prescribe necessary regulations to implement laws 
regarding Federal employees when assigned a TCS or when otherwise 
officially relocated. The overall implementing authority is the Federal 
Travel Regulation (FTR) (41 CFR chapters 300-304).
    This final rule incorporates language based on Public Law 110-181, 
the National Defense Authorization Act for Fiscal Year 2008, section 
1104, and 5 U.S.C. 5737a, to allow agencies to establish policies to 
provide for the storage, without charge, or for the reimbursement of 
the cost of storage, of a POV that is owned or leased by a covered 
employee of that agency (or by a dependent of such an employee), when 
the employee is assigned a TCS in support of a contingency operation. 
The term ``contingency operation'' has the meaning given such term in 
10 U.S.C. 1482a(c)(2) to include humanitarian operations, peacekeeping 
operations, and similar operations.
    This final rule also amends and clarifies other clerical issues 
pertaining to FTR Part 302-3, (Subpart B--Transferred Employees--Table 
H--Temporary Change of Station (TCS), and Subpart E--Employee's 
Temporary Change of Station) and Part 302-9 (Allowances for 
Transportation and Emergency Storage of a Privately Owned Vehicle).

B. Executive Order 12866 and 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 rule has not been designated a ``significant 
regulatory action'' and is not economically significant, under section 
3(f) of Executive Order 12866.

C. 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., because the 
revisions are not considered substantive. 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 or personnel. 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 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 under 44 U.S.C. 3501, et seq.

E. Small Business Regulatory Enforcement Fairness Act

    This final rule is also exempt from congressional review prescribed 
under 5 U.S.C. 801 since it relates solely to agency management and 
personnel.

[[Page 71889]]

List of Subjects in 41 CFR Parts 302-3 and 302-9

    Government employees, Relocation travel, and transportation 
expenses.

    Dated: July 20, 2011.
Martha Johnson,
Administrator of General Services.
    For the reasons set forth in the preamble, under 5 U.S.C. 5721-
5738, 41 CFR parts 302-3 and 302-9 are amended to read as follows:

PART 302-3--RELOCATION ALLOWANCE BY SPECIFIC TYPE

0
1. The authority citation for 41 CFR part 302-3 continues to read as 
follows:

    Authority:  5 U.S.C. 5738; 20 U.S.C. 905(a).


0
2. Amend Sec.  302-3.101--
0
(a) By revising the section heading to read as set forth below;
0
(b) In Table H--
0
(i) By revising entries three and four;
0
(ii) In the first column, in the fifth entry, by removing ``, subpart 
B''; and
0
(iii) By removing the seventh entry.
    The revised text reads as follows:


Sec.  302-3.101  As a transferred employee what relocation allowances 
must my agency pay or reimburse to me?

* * * * *

               Table H--Temporary Change of Station (TCS)
------------------------------------------------------------------------
          Column 1--Relocation                 Column 2--Relocation
------------------------------------------------------------------------
Allowances that agency must pay or       Allowances that agency has
 reimburse.                               discretionary authority to pay
                                          or reimburse.
 
                              * * * * * * *
3. Transportation & temporary or         3. Storage of one privately
 extended storage of household goods      owned vehicle (POV) when
 (parts 302-7 and 302-8 of this           assigned in support of a
 chapter).                                contingency operation as
                                          defined in 10 U.S.C. 1482a
                                          (c)(2) (part 302-9 of this
                                          chapter).
4. Transportation of a mobile home or    4. Property management services
 boat used as a primary residence in      (part 302-15 of this chapter).
 lieu of the transportation of
 household goods (part 302-10 of this
 chapter).
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
0
3. Amend Sec.  302-3.413 by--
0
(a) Removing the word ``and'' at the end of paragraph (b);
0
(b) Removing the period at the end of paragraph (c) and adding ``; 
and'' in its place; and
0
(c) Adding paragraph (d) to read as follows:


Sec.  302-3.413  Are there other expenses that my agency may pay?

* * * * *
    (d) Reimbursement for the cost of storing, or providing for the 
storage without charge, of one POV when assigned a TCS in support of a 
contingency operation as defined in 10 U.S.C. 1482a(c)(2) and under 
part 302-9 of this chapter.


0
4. Amend Sec.  302-3.418 by--
0
a. Revising the section heading; and
0
b. Removing from the first sentence ``Yes, your agency will'' and 
adding ``Your agency may'' in its place.
    The revised section heading reads as follows:


Sec.  302-3.418  May my agency pay for property management services 
when I am authorized a TCS?

* * * * *


Sec.  302-3.419  [Amended]

0
5. Amend Sec.  302-3.419, by removing ``will'' and adding ``may'' in 
its place in the section heading and text.


Sec.  302-3.420  [Amended]


0
6. Amend Sec.  302-3.420, by removing the word ``will'' and adding the 
word ``may'' in its place in the section text and heading.
0
7. Amend Sec.  302-3.421, by revising the section heading to read as 
follows:


Sec.  302-3.421  What are the income tax consequences if my agency pays 
for property management services?

* * * * *

0
8. Amend Sec.  302-3.422 by--
0
(a) Adding in paragraph (b) ``or extended'' before the word 
``storage'', and removing ``good under part 302-7'' and adding ``goods 
under parts 302-7 and 302-8'' in its place;
0
(b) Removing paragraph (d);
0
(c) Redesignating paragraphs (e), (f), and (g), as paragraphs (d), (e), 
(f) respectively; and
0
(d) Adding a note at the end of the section to read as follows:


Sec.  302-3.422  What expenses will my agency pay when I complete my 
TCS?

* * * * *
    Note to Sec.  302-3.422:
    Your agency may pay temporary quarters subsistence expenses under 
part 302-6 of this chapter.


Sec.  302-3.427  [Amended]


0
9. Amend Sec.  302-3.427, paragraph (g), by removing ``Sec.  302-9.6'' 
and adding ``Sec.  302-9.7'' in its place.
0
10. Amend Sec.  302-3.500 by--
0
(a) Removing the word ``and'' at the end of paragraph (g);
0
(b) Removing the period at the end of paragraph (h) and adding ``; 
and'' in its place; and
0
(c) Adding paragraph (i) to read as follows:


Sec.  302-3.500  What governing policies and procedures must we 
establish for paying a relocation allowance under this part 302-3?

* * * * *
    (i) When you will pay for the cost of storing, or provide for the 
storage without charge, of one POV when an employee is assigned a TCS 
in support of a contingency operation as defined in 10 U.S.C. 
1482a(c)(2) and under part 302-9 of this chapter.

PART 302-9--ALLOWANCES FOR TRANSPORTATION AND EMERGENCY OR 
TEMPORARY STORAGE OF A PRIVATELY OWNED VEHICLE

0
11. The authority citation for 41 CFR part 302-9 is revised to read as 
follows:

    Authority:  5 U.S.C. 5737a; 5 U.S.C. 5738; 20 U.S.C. 905(a); 
E.O. 11609, as amended, 3 CFR, 1971-1975 Comp., p. 586.

0
12. Revise the heading to part 302-9 to read as set forth above.


Sec. Sec.  302-9.5 through 302-9.12  [Redesignated as Sec. Sec.  302-
9.6 through 302-9.13]

0
13. Redesignate Sec. Sec.  302-9.5 through 302-9.12 as Sec. Sec.  302-
9.6 through 302-9.13 respectively.
0
14. Add Sec.  302-9.5 to read as follows:

[[Page 71890]]

Sec.  302-9.5  What expenses may I be allowed for storage of a POV when 
on a permanent or temporary assignment?

    There is no authority for non-emergency storage of a POV when on a 
permanent or temporary assignment; however, an agency may approve 
storage for a POV when an employee is assigned a temporary change of 
station in support of a contingency operation as defined in 10 U.S.C. 
1482a(c)(2).

0
15. Amend newly-designated Sec.  302-9.6 by--
0
a. Revising the section heading;
0
b. Adding ``or temporary'' before the word ``storage''; and
0
c. Removing the period at end of sentence and adding ``, or when the 
employee is not authorized to have a POV at the TCS location under 
subpart F of this part.'' in its place.
    The revised section heading reads as follows:


Sec.  302-9.6  What is the purpose of the allowance for emergency or 
temporary storage of a POV?

* * * * *

0
16. Amend newly-designated Sec.  302-9.7 by--
0
a. Revising the section heading;
0
b. Adding in the introductory text ``or temporary'' before the word 
``storage''; and
0
c. Adding paragraph (e).
    The revised and added text reads as follows:


Sec.  302-9.7  What POV transportation and emergency or temporary 
storage may my agency authorize at Government expense?

* * * * *
    (e) Storage of a POV during a TCS in support of a contingency 
operation.

0
17. Amend newly-designated Sec.  302-9.8 by--
0
a. Revising the section heading;
0
b. Adding in the second sentence ``or temporary'' before the word 
``storage''; and
0
c. Removing the word ``transferred'' before the word ``employee''.
    The revised section heading reads as follows:


Sec.  302-9.8  Must my agency authorize transportation or emergency or 
temporary storage of my POV?

* * * * *

0
18. Amend newly-designated Sec.  302-9.9 by--
0
a. Revising the section heading; and
0
b. Adding in the first sentence ``or temporary'' before the word 
``circumstances''.
    The revised section heading reads as follows:


Sec.  302-9.9  What type of POV may I be authorized to transport, and 
if necessary, store under emergency or temporary circumstances?

* * * * *

0
19. Amend newly-designated Sec.  302-9.11 by revising the section 
heading to read as follows:


Sec.  302-9.11  For what POV emergency or temporary storage expenses 
will my agency pay?

* * * * *


Sec.  302-9.12  [Amended]

0
20. Amend newly-designated Sec.  302-9.12 by adding ``or temporary'' 
before the word ``storage'' in the section heading, and in the 
paragraph.


Sec.  302-9.140  [Amended]

0
21. Amend Sec.  302-9.140, paragraph (a), by removing ``Sec.  302-
9.504'' and adding ``Sec.  302-9.604'' in its place.


Sec.  302-9.170  [Amended]

0
22. Amend Sec.  302-9.170, paragraph (d), by removing ``Sec.  302-
9.504'' and adding ``Sec.  302-9.604'' in its place.

Subpart F--[Redesignated as Subpart G]

0
23. Redesignate subpart F, consisting of Sec. Sec.  302-9.500 through 
302-9.506, as subpart G.

Subpart G--[Amended]

0
24. Amend the note below the heading to newly-designated subpart G by 
removing ``Note to Subpart F:'' and adding ``Note to Subpart G:'' in 
its place.


Sec. Sec.  302-9.500 through 302-9.506  [Redesignated]

0
25. Redesignate Sec. Sec.  302-9.500 through 302-9.506 as Sec. Sec.  
302-9.600 through 302-9.606 respectively.

Subpart F--[Added]

0
26. Amend part 302-9 by adding a new Subpart F, consisting of 
Sec. Sec.  302-9.500 through 302-9.502 to read as follows:
Subpart F--Temporary Storage of a POV
Sec.
302-9.500 When am I eligible for temporary storage of a POV?
302-9.501 How many POVs will be eligible for storage and for how 
long will my agency authorize the storage?
302-9.502 What expenses may my agency authorize for temporary 
storage of my POV?

Subpart F-- Temporary Storage of a POV


Sec.  302-9.500  When am I eligible for temporary storage of a POV?

    You may be eligible for temporary storage of your POV when:
    (a) You are assigned a TCS in support of a contingency operation 
(humanitarian operations, peacekeeping operations, and similar 
operations) as defined in 10 U.S.C. 1482a(c)(2);
    (b) You are eligible for expenses as authorized in part 302-3, 
subpart E; and
    (c) The head of your agency determines it would be more 
advantageous, cost and other factors considered, to authorize a 
temporary storage of a POV.


Sec.  302-9.501  How many POVs will be eligible for storage and for how 
long will my agency authorize the storage?

    You may be authorized to store not more than one POV at any given 
time during the period of the TCS assignment, subject to this subpart. 
A POV may be stored for the duration of the TCS.


Sec.  302-9.502  What expenses may my agency authorize for temporary 
storage of my POV?

    Your agency may provide for storage, without charge, or for the 
reimbursement of the cost of storage, of one POV that is owned or 
leased by an employee of that agency (or by a dependent of such an 
employee) and that is for the personal use of the employee.


Sec.  302-9.604  [Amended]

0
27. Amend newly designated Sec.  302-9.604 by removing ``Sec.  302-
9.505'' and adding ``Sec.  302-9.605'' in its place.

[FR Doc. 2011-29565 Filed 11-18-11; 8:45 am]
BILLING CODE 6820-14-P