[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2397-2398]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-22]

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GENERAL SERVICES ADMINISTRATION

41 CFR Part 301-10

[FTR Amendment 2009-01; FTR Case 2009-301; Docket 2009-0001]
RIN 3090-AI84


Federal Travel Regulation; Privately Owned Vehicle Mileage
Reimbursement

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

ACTION: Final rule.

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SUMMARY: GSA is amending the Federal Travel Regulation (FTR) to
decrease the mileage reimbursement rates for privately owned
automobiles (POA), motorcycles, and airplanes when used for official
travel. The new rates reflect the current vehicle operating costs as
determined by investigations conducted by GSA. The governing regulation
sets the mileage reimbursement allowance for a POA at $0.55,
motorcycles at $0.52, and airplanes at $1.24, when used for official
purposes.

DATES: Effective Date: This final rule is effective January 15, 2009.
    Applicability Date: This final rule is applicable for official
travel performed on and after January 1, 2009.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VPR), Room
4041, GSA Building, Washington, DC 20405, (202) 501-4755, for
information pertaining to status or publication schedules. For
clarification of content, contact Ms. Marcerto Barr, Program Analyst,
Office of Governmentwide Policy, Travel Management Policy, at (202)
208-7654. Please cite FTR Amendment 2009-01; FTR case 2009-301.

SUPPLEMENTARY INFORMATION:

A. Background

    Pursuant to 5 U.S.C. 5707(b), the Administrator of General Services
has

[[Page 2398]]

the responsibility to establish POV mileage reimbursement rates that
Federal employees are entitled to when they use a POA, motorcycle or
airplane for official business. To set the rates, GSA is required to
periodically investigate the cost to Government employees of operating
a POV while on official travel, and consult with the Secretaries of
Defense and Transportation, and representatives of Government employee
organizations. GSA conducted investigative reports on the mileage rates
for motorcycles and airplanes. The Internal Revenue Service (IRS)
conducted an investigative report on the mileage rates for a POA to
compute the deductible cost of operating passenger vehicles for
business purposes. GSA analyzed the data in the IRS report and adopted
the findings. After consultation with the above-referenced Federal
agencies and Government employee organizations, the Administrator of
General Services has determined that the per mile operating costs for
the official use of a POA (including trucks) is $0.55, $0.52 for
motorcycles, and $1.24 for airplanes. As provided in 5 U.S.C.
5704(a)(1), the POA mileage reimbursement rate cannot exceed the single
standard mileage rate established by the IRS. The IRS announced a new
single standard mileage rate for automobiles of $0.55 per mile
effective January 1, 2009. The results of the investigative reports
have been reported to Congress.

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 is not required to be published in the Federal
Register for notice and comment, and therefore, the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., does not apply.

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 (OMB) 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 301-10

    Government employees, Travel and transportation expenses.

    Dated: January 2, 2009.
James A. Williams,
Acting Administrator of General Services.

0
For the reasons set forth in the preamble, under 5 U.S.C. 5701-5709,
GSA amends 41 CFR part 301-10 as set forth below:

PART 301-10--TRANSPORTATION EXPENSES

0
1. The authority citation for 41 CFR 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 April 28, 2006.


0
2. Amend the table in Sec.  301-10.303 by revising the second, third,
and fourth entries to read as follows:


Sec.  301-10.303  What am I reimbursed when use of a POV is determined
by my agency to be advantageous to the Government?

------------------------------------------------------------------------
                                                               Your
                   For use of a . . .                     reimbursement
                                                             is . . .
------------------------------------------------------------------------

                                * * * * *
Privately owned airplane...............................        \1\ $1.24
Privately owned automobile.............................        \1\ $0.55
Privately owned motorcycle.............................        \1\ $0.52
------------------------------------------------------------------------
\1\ Per mile.


    Note: This attachment will not appear in the code of Federal
Regulations.

Attachment to Preamble

GENERAL SERVICES ADMINISTRATION

REPORTING TO CONGRESS--THE COSTS OF OPERATING PRIVATELY OWNED VEHICLES

    Paragraph (b) of Section 5707 of Title 5, United States Code,
requires the Administrator of General Services to periodically
investigate the cost to Government employees of operating privately
owned vehicles (airplanes, automobiles, and motorcycles) while on
official business, to report the results of the investigations to
Congress, and to publish the report in the Federal Register. This
report on privately owned vehicle reimbursement rates is being
published in the Federal Register.

Dated: January 2, 2009.

James A. Williams,
Acting Administrator of General Services.

Reporting to Congress--The Costs of Operating Privately Owned Vehicles

    5 U.S.C. 5707(b)(1)(A) requires that the Administrator of General
Services, in consultation with the Secretary of Defense, the Secretary
of Transportation, and representatives of Government employee
organizations, conduct periodic investigations of the cost of travel
and operation of privately owned vehicles (airplanes, automobiles, and
motorcycles) to Government employees while on official business, and
report the results to Congress at least once a year. 5 U.S.C.
5707(a)(1) requires that the Administrator of General Services issue
regulations, including the prescription of mileage reimbursement rates.
Pursuant to 5 U.S.C. 5707(b), the Administrator shall also determine
the average, actual cost per mile for the use of each type of privately
owned vehicle based on the results of cost investigations. Such figures
must be reported to the Congress within 5 working days after the cost
determination has been made in accordance with 5 U.S.C. 5707(b)(2)(C).
    GSA conducted investigative reports on the mileage rates for
motorcycles and airplanes. The Internal Revenue Service (IRS) conducted
an investigative report on the mileage rates for a POA to compute the
deductible cost of operating passenger vehicles for business purposes.
GSA analyzed the data in the IRS report and adopted the findings. As
provided in 5 U.S.C. 5704(a)(1), the POA mileage reimbursement rate
cannot exceed the single standard mileage rate established by the IRS.
The IRS announced the new single standard mileage rate of $0.55 per
mile for automobiles, effective January 1, 2009. Based on the
investigative reports, and in consultation with the above-specified
parties, I have determined that the per mile operating costs for the
official use of a POV is as follows: $0.55 for POAs (including trucks),
$0.52 for motorcycles, and $1.24 for airplanes. This report to Congress
on the cost of operating POVs will be published in the Federal
Register.

[FR Doc. E9-563 Filed 1-14-09; 8:45 am]

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