[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Rules and Regulations]
[Pages 73702-73704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29215]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 300-90
[FTR Amendment 2013-04; FTR Case 2011-310; Docket Number 2013-0012,
Sequence 1]
RIN 3090-AJ23
Federal Travel Regulation (FTR); Telework Travel Expenses Test
Programs
AGENCY: Office of Government-wide Policy, U.S. General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: GSA is amending the Federal Travel Regulation (FTR) to
incorporate the Telework Enhancement Act of 2010, which establishes and
authorizes telework travel expenses test programs, authorizes
reimbursement for any necessary travel expenses in conjunction with
such a test program in lieu of any payment otherwise authorized or
required by the FTR, and permits waiver of travel expense
reimbursements by participating employees.
DATES: Effective date: This final rule is effective January 8, 2014.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Rick Miller, Office of Governmentwide Policy, at 202-501-3822 or email
at [email protected]. Please cite FTR Amendment 2013-04, FTR case
2011-310. Contact the U.S. General Services Administration, Regulatory
Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington,
DC 20405-0001, 202-501-4755, for information pertaining to status or
publication schedules.
SUPPLEMENTARY INFORMATION:
A. Background
Pursuant to 5 U.S.C. 5707, the Administrator of General Services is
authorized to prescribe necessary regulations to implement laws
regarding Federal employees who travel in the performance of official
business away from their official stations. The overall implementing
authority is the FTR, codified in Title 41 of the Code of Federal
Regulations, chapters 300-304 (41 CFR chapters 300-304).
This final rule incorporates Section 3 of Public Law 111-292, the
``Telework Enhancement Act of 2010,'' codified in 5 U.S.C. 5711, which
authorizes the creation of agency telework travel expenses test
programs. Under a telework travel expenses test program, if a
participating employee voluntarily relocates from his/her official duty
station to a new official station, then the employing agency can
establish a reasonable maximum number of occasional visits to the pre-
existing official station (e.g., one visit per month/quarter, four
times a year) before that participating employee is eligible for
payment of any accrued travel expenses by that agency for travel to the
pre-existing official station. The term ``voluntarily relocate'' means
that a participating employee requests to relocate from the pre-
existing official station to a telework location, and therefore, the
agency has not made a determination that relocation is in the best
interest of the Government.
An agency shall include in any request to the Administrator for
approval of such a test program an analysis of the expected cost and
benefits and a set of criteria for evaluating the effectiveness of the
program. As provided in 5 U.S.C. 5711, under an approved test program,
an agency may provide a participating employee with the option to waive
any payment authorized or required under 5 U.S.C. Chapter 57,
Subchapter 1.
An agency will be required to submit an annual report on the
results of the test program including overall costs and benefits.
Pursuant to this authority, this final rule amends 41 CFR chapter
300 by adding part 300-90 regarding authority and procedures for
agencies to conduct a telework travel expenses test program.
B. 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.
This rule has not been designated a ``significant regulatory action''
and is not economically significant, under section 3(f) of E.O. 12866.
Accordingly, the rule has been reviewed by the Office of Management and
Budget.
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
[[Page 73703]]
substantive. This final rule is also exempt from the Administrative
Procedure Act per 5 U.S.C. 553 (a)(2), because it applies to agency
management or personnel.
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 or
personnel.
List of Subjects in 41 CFR Part 300-90
Government employees, Travel and transportation expenses.
Dated: October 29, 2013.
Dan Tangherlini,
Acting Administrator of General Services.
For the reasons set forth in the Preamble, under 5 U.S.C. 5701-
5711, 41 CFR chapter 300 is amended by adding part 300-90 to read as
set forth below:
PART 300-90--TELEWORK TRAVEL EXPENSES TEST PROGRAMS
Sec.
300-90.1 What is a telework travel expenses test program?
300-90.2 Who may authorize test programs?
300-90.3 What must be done to apply for test program authority?
300-90.4 How many test programs may be authorized by GSA throughout
the Government?
300-90.5 What factors will GSA consider in approving a request for a
telework travel test program?
300-90.6 What is authorized under the test programs?
300-90.7 What is the duration of test programs?
300-90.8 What must we do to apply for a test program extension?
300-90.9 What reports are required for a test program?
Authority: 5 U.S.C. 5707 and 5711.
Sec. 300-90.1 What is a telework travel expenses test program?
It is a program that permits an agency to test new and innovative
methods of reimbursing telework travel expenses without seeking a
waiver of current rules or authorizing legislation.
Sec. 300-90.2 Who may authorize test programs?
The Administrator of General Services may authorize agencies to
conduct test programs when the Administrator determines the proposed
tests to be in the interest of the Government.
Sec. 300-90.3 What must be done to apply for test program authority?
The head of the agency or designee must design the test program to
enhance cost savings or other efficiencies for the Government and
submit in writing to the Administrator of General Services (Attention:
MA), 1800 F Street NW., Washington, DC 20405-0001:
(a) An explanation of the test program;
(b) If applicable, the specific provisions of the FTR from which
the agency is deviating, and confirmation between the agency and the
participating employee of any waivers of entitlements by the employee
under 5 U.S.C. Chapter 57, Subchapter I;
(c) An analysis of the expected costs and benefits;
(d) A set of criteria for evaluating the effectiveness of the
program; and
(e) Agency procedures regarding how and when a telework program is
terminated for the participating employee when he or she voluntarily
relocated to a telework location.
Sec. 300-90.4 How many test programs may be authorized by GSA
throughout the Government?
No more than 10 telework travel expense test programs may be
conducted at the same time.
Sec. 300-90.5 What factors will GSA consider in approving a request
for a telework travel test program?
The following factors will be considered:
(a) Potential cost savings or other efficiencies that accrue to the
Government;
(b) Application of results to other agencies;
(c) Feasibility of successful implementation;
(d) Number of tests, if any, already authorized to the same agency;
(e) Whether the request meets the requirements of Sec. 300-90.3;
(f) Other agency requests under consideration at the time of
submission; and
(g) Uniqueness of proposed test.
Sec. 300-90.6 What is authorized under the test programs?
Under a telework expenses test program authorized by the
Administrator of General Services, the agency may:
(a) Pay any necessary telework travel expenses in lieu of payments
authorized or required under 5 U.S.C. Chapter 57, Subchapter I for
employees participating in a telework program;
(b) Provide a participating employee with the option to waive any
payment authorized or required under 5 U.S.C. Chapter 57, Subchapter 1;
or
(c) Establish, for a participating employee who voluntarily
relocates from the pre-existing duty station of that employee, a
reasonable maximum number of occasional visits to the pre-existing duty
station before that employee is eligible for payment of any incurred
travel expenses by that agency for travel to the pre-existing duty
station.
Sec. 300-90.7 What is the duration of test programs?
The duration of a test program is up to four years from the date of
authorization unless terminated prior to that time by the Administrator
of General Services. The agency conducting a test program may also
terminate the test program at any time by providing written notice of
the termination to the Administrator of General Services. The
Administrator of General Services may grant test program extensions of
up to an additional 24 months, but not beyond December 8, 2017, the
expiration of the test authority (see Sec. 300-90.8).
Sec. 300-90.8 What must we do to apply for a test program extension?
The head of the agency or designee must submit a request to extend
the test program to the Administrator of General Services (Attention:
MA), 1800 F Street NW., Washington, DC 20405-0001, not later than 120
days prior to the expiration of the test period. The request for
extension must:
(a) Contain the test program results to that date;
(b) Clearly enumerate the benefits, qualitatively and/or
quantitatively, of granting a test program extension; and
(c) Specify the duration of time for which an extension is
requested.
Sec. 300-90.9 What reports are required for a test program?
(a) The Administrator of General Services must submit to Congress a
copy of any approved or extended test program at least 30 days before
the effective date of the authorized test program or extension.
(b) The agency authorized to conduct the test program must submit:
(1) An annual report on the progress of the test, submitted to the
U.S. General Services Administration, Office of Government-wide Policy,
Office of
[[Page 73704]]
Asset and Transportation Management (Attention: MA), Washington, DC
20405. The Administrator or designee may terminate the test program
approval for failure to comply with this reporting requirement; and
(2) A final report on the results of the test program must be
submitted to the U.S. General Services Administration, Office of
Government-wide Policy, Office of Asset and Transportation Management
(Attention: MA), Washington, DC 20405, the Telework Managing Officer of
that agency, and to the appropriate committees of Congress not later
than 3 months after completion of the program.
(c) All reports must include quantitative or qualitative
assessments, or both, clearly evaluating the results of the test
program and enumerating benefits and costs. The results in a report may
include:
(1) The total number of visits a participating employee made to the
pre-existing official station;
(2) The total number of visits and travel expenses paid by the
agency;
(3) The total number of visits and travel expenses paid by the
participating employee; or
(4) Any other information the agency determines useful to aid the
Administrator of General Services, the Telework Managing Officer(s),
and Congress in understanding the test program and the impact of the
program.
[FR Doc. 2013-29215 Filed 12-6-13; 8:45 am]
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