[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Rules and Regulations]
[Pages 70234-70235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23861]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 302-4
[FTR Amendment 2007-06; FTR Case 2007-306; Docket 2007-0002, Sequence
5]
RIN 3090-AI40
Federal Travel Regulation; Relocation Allowances; OCONUS Travel
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: Federal Travel Regulation (FTR) Amendment 2007-03, FTR Case
2007-301 was published in the Federal Register on June 27, 2007 (72 FR
35187). That final rule changed the mileage reimbursement rate for
using a personally owned vehicle (POV) for relocation to equal the
Internal Revenue Service (IRS) Standard Mileage Rate for moving
purposes in the continental United States (CONUS). Subsequent
information revealed that in changing to this rate, GSA inadvertently
removed any ability to apply this rate to both foreign and non-foreign
overseas (OCONUS) relocations. This final rule will allow for the new
mileage reimbursement rate to be applied worldwide. It will also allow
for the use of actual expense for OCONUS relocations if the agency
chooses to do so. The FTR and any corresponding documents may be
accessed at GSA's website at http://www.gsa.gov/ftr.
DATES: Effective Date: This final rule is effective December 11, 2007.
Applicability Date: This final rule is applicable to September 25,
2007.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VIR), Room
4035, GS Building, Washington, DC, 20405, (202) 501-4755, for
information pertaining to status or publication schedules. For
clarification of content, contact Mr. Ed Davis, Office of
Governmentwide Policy (M), Office of Travel, Transportation and Asset
Management (MT), General Services Administration at (202) 208-7638 or
e-mail at [email protected]. Please cite FTR Amendment 2007-06; FTR case
2007-306.
SUPPLEMENTARY INFORMATION:
A. Background
On June 27, 2007, GSA published a final rule specifying that the
IRS Standard Mileage Rate for moving purposes would be the rate at
which agencies will reimburse an employee for using a POV for CONUS
relocation.
[[Page 70235]]
The final rule, published in the Federal Register on June 27, 2007
(72 FR 35187) clearly limited the scope of the rule to CONUS
relocations. Research since that date, in response to an inquiry from
the Department of Defense (DoD), has shown that this was a mistake.
Therefore, this new final rule removes any reference to CONUS from
section 302-4.300 of the FTR and allows for this rate to be applied
worldwide. The FTR also will authorize actual expense for these
expenses.
B. Summary of the Issues Involved
This final rule corrects an inadvertent error, and allows for the
reimbursement of OCONUS relocation mileage at either the mileage rate
specified in FTR section 302-4.300 or actual expense under new section
302-4.304. In addition, FTR section 302-4.302 currently allows an
agency to authorize a higher mileage reimbursement rate for OCONUS
relocations utilizing a POV under certain circumstances. Thus, agencies
will have three choices for reimbursing an OCONUS relocation mileage
reimbursement rate for POV usage. Each agency through its internal
policy, must decide what form its relocation mileage reimbursement rate
will take. But, before any agencies can have a legitimately based
OCONUS rate, GSA must change the wording of the June 27, 2007 final
rule to allow agencies to use the IRS rate worldwide.
C. Changes to Current FTR
This final rule revises section 302-4.300 of the FTR to reflect the
Internal Revenue Service Standard Mileage Rate for relocation by POV
and adds section 302-4.304 allowing for actual expense.
D. Executive Order 12866
This regulation is excepted from the definition of ``regulation''
or ``rule'' under Section 3(d)(3) of Executive Order 12866, Regulatory
Planning and Review, dated September 30, 1993 and, therefore, was not
subject to review under Section 6(b) of that executive order.
E. Regulatory Flexibility Act
This final rule is not required to be published in the Federal
Register for notice and comment; therefore, the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., does not apply.
F. 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.
List of Subjects in 41 CFR Part 302-4
Government employees, Relocation, Travel and transportation
expenses.
Dated: September 27, 2007.
Lurita Doan,
Administrator of General Services.
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For the reasons set out in this preamble, 41 CFR part 302-4 is amended
as set forth below:
PART 302-4--ALLOWANCES FOR SUBSISTENCE AND TRANSPORTATION
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1. The authority citation for 41 CFR part 302-4 continues to read as
follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR
13747, 3 CFR, 1971-1973 Comp., p. 586.
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2. Revise Sec. 302-4.300 to read as follows:
Sec. 302-4.300 What is the POV mileage rate for PCS travel?
For approved/authorized PCS travel by POV, the mileage
reimbursement rate is the same as the moving expense mileage rate
established by the Internal Revenue Service (IRS) for moving expense
deductions. See IRS guidance available on the Internet at www.irs.gov.
GSA publishes the rate for mileage reimbursement in an FTR Bulletin on
an intermittent basis. You may find the FTR Bulletins at www.gsa.gov/relo.
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3. Add Sec. 302-4.304 to read as follows:
Sec. 302-4.304 For relocation outside the continental United States
(OCONUS), may my agency allow actual expense reimbursement instead of
the POV mileage rate for PCS travel?
Yes, for an OCONUS relocation involving POV usage, your agency may
allow reimbursement of certain actual expenses of using the POV (i.e.,
fuel plus the additional expenses listed in Sec. 301-10.304).
[FR Doc. E7-23861 Filed 12-10-07; 8:45 am]
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