[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Rules and Regulations]
[Pages 24434-24437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10235]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

41 CFR Parts 300-3, 301-10, 301-51, 301-52, 301-70, 301-75, 
Appendix C to Chapter 301, 302-6, and 302-9

[FTR Amendment 2010-02; FTR Case 2010-302; Docket Number 2010-0010, 
sequence 1]
RIN 3090-AJ02


Federal Travel Regulation (FTR); Transportation in Conjunction 
With Official Travel and Relocation

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the Federal Travel Regulation (FTR), by 
adding new terms and definitions for ``Official travel'' and ``Transit 
system''; clarifies reimbursement for transportation at an official 
station while en route to and/or from an authorized temporary duty 
(TDY) location; clarifies reimbursement for transportation expenses 
within the surrounding area of a TDY location and provisions for 
payment under the FTR; and clarifies when the Government contractor-
issued travel charge card must be used while on official travel. 
Clarification of this rule is addressed in the supplementary 
information below.

DATES: Effective date: This final rule is effective June 4, 2010. 
Applicability date: This final rule is applicable to travel performed 
on and after June 4, 2010.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (MVCB), 
Room 4041, GS Building, Washington, DC 20405, (202) 501-4755, for 
information pertaining to status or publication schedules. For 
clarification of content, contact Rick Miller, Office of Governmentwide 
Policy, at (202) 501-3822 or e-mail at rodney.miller@gsa.gov. Please 
cite FTR Amendment 2010-02, FTR case 2010-302.

SUPPLEMENTARY INFORMATION:

A. Background

    Title 5, United States Code Sec.  5707 (5 U.S.C. 5707), authorizes 
the Administrator of General Services to prescribe necessary 
regulations to implement laws regarding Federal employees who are 
traveling while in the performance of official business away from their 
official stations. Similarly, 5 U.S.C. 5738 mandates that the 
Administrator of General Services prescribe regulations relating to 
official relocation. The overall implementing authority is the Federal 
Travel Regulation (FTR), codified in Title 41 Code of Federal 
Regulations, Chapters 300-304 (41 CFR chapters 300-304). Expenses 
incurred at an employee's official station not in conjunction with TDY 
and/or relocation do not fall under the authority of the FTR. 
Therefore, this final rule adds terms and definitions for ``Official 
travel'' and ``Transit system'' and also removes references to ``local 
travel,'' ``local transit system,'' ``local transportation,'' ``local 
transportation system,'' ``local telephone calls,'' and ``local 
metropolitan transportation fares,'' for reimbursement that is not in 
conjunction with TDY and/or relocation. Federal employees should adhere 
to their agency's policies for reimbursement of expenses incurred for 
transportation within the vicinity of their official stations when 
expenses do not pertain to TDY or relocation. This final rule clarifies 
that the Government contractor-issued travel charge card will only be 
used for the purposes of official travel-related expenses and not for 
personal use while on an official travel authorization.

B. Executive Order 12866

    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. This final 
rule is not a major rule under 5 U.S.C. 804.

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.

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.

[[Page 24435]]

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.

List of Subjects in 41 CFR Parts 300-3, 301-10, 301-51, 301-52, 
301-70, 301-75, 302-6, and 302-9, and Appendix C to Chapter 301

    Government employees, Travel and transportation expenses.

    Dated: March 25, 2010.
Martha Johnson,
Administrator of General Services.

0
For the reasons set forth in the preamble, under 5 U.S.C. 5701-5709 and 
5721-5738, 41 CFR subtitle F is amended as follows:

CHAPTER 300--GENERAL

PART 300-3--GLOSSARY OF TERMS

0
1. The authority citation for 41 CFR part 300-3 is revised 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, OMB Circular 
No. A-126, revised May 22, 1992.


0
2. Amend Sec.  300-3.1 by adding in alphabetical order, the definitions 
``Official travel'' and ``Transit system'' to read as follows:


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

* * * * *
    Official travel--Travel under an official travel authorization from 
an employee's official station or other authorized point of departure 
to a temporary duty location and return from a temporary duty location, 
between two temporary duty locations, or relocation at the direction of 
a Federal agency.
* * * * *
    Transit system--A form of transportation (e.g., air, rail, bus, 
ship, etc.) used between authorized locations in the performance of 
official travel.
* * * * *

CHAPTER 301--TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES

PART 301-10--TRANSPORTATION EXPENSES

0
3. The authority citation for 41 CFR part 301-10 is revised to read as 
follows:

    Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c); 49 U.S.C. 40118; OMB 
Circular No. A-126, revised May 22, 1992.


0
4. Revise Sec.  301-10.1 to read as follows:


Sec.  301-10.1  Am I eligible for payment of transportation expenses?

    Yes, you are eligible for payment of transportation expenses when 
performing official travel, including authorized transportation 
expenses incurred within the TDY location.

Sec.  301-10.3  [Amended]

0
5. Amend Sec.  301-10.3 by removing from paragraph (a) the word 
``local'' and adding the word ``other'' in its place.


Sec.  301-10.100  [Amended]

0
6. Amend Sec.  301-10.100 by removing the word ``local'' and adding the 
word ``other'' in its place.


0
7. Revise the undesignated center heading that appears immediately 
before Sec.  301-10.190 to read as follows:

Transit Systems

0
8. Revise Sec.  301-10.190 to read as follows:


Sec.  301-10.190  When may I use a transit system as a means of 
transportation in conjunction with official travel?

    You may use a transit system as a means of transportation in 
conjunction with official travel when such transportation is authorized 
and approved by your agency in the following manner:
    (a) At your official station. (1) From your residence or other 
authorized point of departure, e.g., rail to airport;
    (2) To your residence or other authorized point of return, e.g., 
airport to rail;
    (3) From your residence to your office on the day you depart the 
official station on official TDY that requires at least one night's 
lodging; or
    (4) From your office to your residence on the day you return to the 
official station from an official TDY assignment that required at least 
one night's lodging.
    (b) At your TDY location. (1) From the TDY transit system 
station(s) to your place of lodging or place of official business and 
return;
    (2) To, from, and between your places of lodging and official 
business;
    (3) Between places of official business; or
    (4) To obtain meals at the nearest available place when the nature 
and location of the official business or the lodging at a TDY location 
are such that meals cannot be obtained there. You must attach a 
statement or include electronic remarks with your travel voucher 
explaining why such transportation was necessary.


0
9. Revise Sec.  301-10.420 to read as follows:


Sec.  301-10.420  When may I use a taxi, shuttle service or other 
courtesy transportation?

    (a) When authorized and approved by your agency, your 
transportation expenses in the performance of official travel are 
reimbursable for the usual fare plus tip for use of a taxi, shuttle 
service or other courtesy transportation (if charges result), in the 
following manner:
    (1) At your official station. (i) From your residence or other 
authorized point of departure, e.g., residence to airport;
    (ii) To your residence or other authorized point of return, e.g., 
airport to residence;
    (iii) From your residence to your office on the day you depart the 
official station on official TDY that requires at least one night's 
lodging; or
    (iv) From your office to your residence on the day you return to 
the official station from an official TDY assignment that required at 
least one night's lodging.
    (2) At your TDY location. (i) From the TDY transit system station 
to your place of lodging or place of official business and return;
    (ii) To, from, and between your places of lodging and official 
business;
    (iii) Between places of official business; or
    (iv) To obtain meals at the nearest available place when the nature 
and location of the official business or the lodging at a TDY location 
are such that meals cannot be obtained there. You must attach a 
statement or include electronic remarks with your travel voucher 
explaining why such transportation was necessary.
    (b) Courtesy transportation. You should use courtesy transportation 
service furnished by hotels/motels to the maximum extent possible as a 
first source of transportation between a place of lodging at the TDY 
station and a common carrier terminal. You will be reimbursed for tips 
when you use courtesy transportation service.
    (c) Restrictions. When appropriate, your agency will restrict or 
place a monetary limit on the amount of reimbursement for the use of 
taxicabs under this paragraph when--
    (1) Suitable Government or common carrier transportation service, 
including shuttle service, is available for all or part of the distance 
involved; or
    (2) Courtesy transportation service is provided by hotels/motels 
between the place of lodging at the TDY station and the common carrier 
terminal.

[[Page 24436]]

PART 301-51--PAYING TRAVEL EXPENSES

0
10. 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
11. Amend Sec.  301-51.2 by revising paragraph (d) to read as follows:


Sec.  301-51.2  What official travel expenses and/or classes of 
employees are exempt from the mandatory use of the Government 
contractor-issued travel charge card?

* * * * *
    (d) Transit system at a TDY location;
* * * * *
0
12. Revise Sec.  301-51.6 to read as follows:


Sec.  301-51.6  For what purposes may I use the Government contractor-
issued travel charge card while on official travel?

    You are required to use the Government contractor-issued travel 
charge card for expenses directly related to your official travel.

0
13. Revise Sec.  301-51.7 to read as follows:


Sec.  301-51.7  May I use the Government contractor-issued travel 
charge card for personal reasons while on official travel?

    No, you may not use the Government contractor-issued travel charge 
card for personal reasons while on official travel.

0
14. Add Sec.  301-51.8 to read as follows:


Sec.  301-51.8  What are the consequences if I misuse the Government 
contractor-issued travel charge card on official travel?

    Your agency may take appropriate disciplinary action if you misuse 
the Government contractor-issued travel charge card according to 
internal agency policies and procedures.


Sec.  301-51.200  [Amended]

0
15. Amend Sec.  301-51.200, paragraph (a) introductory text, in the 
second column of the table, by adding ``are on official'' before the 
word ``travel'' and in paragraph (a)(2), in the first column of the 
table, by removing ``local transportation system'' and adding ``transit 
systems'' in its place.

PART 301-52--CLAIMING REIMBURSEMENT

0
16. The authority citation for 41 CFR Part 301-52 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).

0
17. Amend Sec.  301-52.2 by revising paragraph (a)(1) to read as 
follows:


Sec.  301-52.2  What information must I provide in my travel claim?

* * * * *
    (a) * * *
    (1) You may aggregate official travel-related expenses incurred at 
the TDY location for authorized telephone calls, transit system fares, 
and parking meter fees, except any individual expenses costing over $75 
must be listed separately;
* * * * *

PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS

0
18. The authority citation for 41 CFR Part 301-70 is revised 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.  301-70.102  [Amended]

0
19. Amend Sec.  301-70.102 by removing from paragraph (h) introductory 
text ``For local transportation whether'' and adding the word 
``Whether'' in its place; and adding ``in conjunction with TDY'' before 
the word ``or''.

0
20. Amend Sec.  301-70.704 by revising paragraph (d) to read as 
follows:


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

* * * * *
    (d) Transit system at a TDY location;
* * * * *

0
21. Revise Sec.  301-70.706 to read as follows:


Sec.  301-70.706  For what purposes may an employee use the Government 
contractor-issued travel charge card while on official travel?

    An employee is required to use the Government contractor-issued 
travel charge card for expenses directly related to official travel.

0
22. Revise Sec.  301-70.707 to read as follows:


Sec.  301-70.707  May an employee use the Government contractor-issued 
travel charge card for personal use while on official travel?

    No, an employee may not use the Government contractor-issued travel 
charge card for personal use while on official travel.


Sec.  301-70.708  [Redesignated as Sec.  301-70.709]

0
23. Redesignate Sec.  301-70.708 as section Sec.  301-70.709.


0
24. Add new Sec.  301-70.708 to read as follows:


Sec.  301-70.708  What actions may we take if an employee misuses the 
Government contractor-issued travel charge card while on official 
travel?

    You may take appropriate disciplinary action if an employee misuses 
the Government contractor-issued travel charge card. Internal agency 
policies and procedures should define what the agency considers to be 
misuses of the travel charge card.

PART 301-75--PRE-EMPLOYMENT INTERVIEW TRAVEL

0
25. The authority citation for 41 CFR part 301-75 continues to read as 
follows:

    Authority: 5 U.S.C. 5707.


Sec.  301-75.200  [Amended]

0
26. Amend Sec.  301-75.200, in the first column of the table, in the 
first entry, by removing ``local transportation'' and adding ``transit 
systems at the agency's location'' in its place.

Appendix C to Chapter 301 [Amended]

0
27. Amend Appendix C to Chapter 301 by--
0
a. In the second table, under the heading ``Commercial Transportation 
Information'', in the first column under the heading ``Group name'', 
removing the fifth entry, ``Local Transportation Indicator'' and adding 
``Transportation in Performance of TDY or While at the TDY Location'' 
in its place;
0
b. In the second table, under the heading ``Commercial Transportation 
Information'', in the third column under the heading ``Description'', 
removing the last entry, ``Identifies local transportation used while 
on TDY'' and adding ``Identifies transportation used while in the 
performance of TDY or while at the TDY location'' in its place; and
0
c. In the third table, under the heading ``Travel Expense 
Information'', in the first column under the heading ``Group name'', 
removing the fifth entry, ``Local Transportation (in, around, or about 
the temporary duty station)'' and adding ``Transportation in 
Performance of TDY or While at the TDY Location'' in its place.

[[Page 24437]]

CHAPTER 302--RELOCATION ALLOWANCES

PART 302-6--ALLOWANCE FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES

0
28. The authority citation for 41 CFR part 302-6 is revised to read as 
follows:

     Authority:  5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, as 
amended, 3 CFR, 1971-1973 Comp., p. 586.

Sec.  302-6.2  [Amended]

0
29. Amend Sec.  302-6.2 by removing the word ``local''.


0
30. Revise Sec.  302-6.18 to read as follows:


Sec.  302-6.18  May I be reimbursed for transportation expenses 
incurred while I am occupying temporary quarters?

    Transportation expenses incurred in the vicinity of the temporary 
quarters are not TQSE, and therefore, there is no authority to pay such 
expenses under TQSE.

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

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

     Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, as 
amended, 3 CFR, 1971-1973 Comp., p. 586.


Sec.  302-9.10  [Amended]

0
32. Amend Sec.  302-9.10, by removing the word ``local'' wherever it 
appears.

[FR Doc. 2010-10235 Filed 5-4-10; 8:45 am]
BILLING CODE 6820-14-P