[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Rules and Regulations]
[Pages 54965-54968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23250]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-6 and 102-5
[FPMR Amendment A-55]
RIN 3090-AH08
Home-to-Work Transportation
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is revising Federal
Property Management Regulations (FPMR) by moving coverage on the
official use of Government passenger carriers between residence and
place of employment (i.e. home-to-work transportation) into the Federal
Management Regulation (FMR). A cross-reference is added to the FPMR to
direct readers to the coverage in the FMR. The FMR is written in plain
language to provide agencies with updated regulatory material that is
easy to read and understand.
EFFECTIVE DATE: September 12, 2000.
FOR FURTHER INFORMATION CONTACT: James B. Vogelsinger, Federal Vehicle
Policy Division (MTV), 202-501-1764 or e-mail at
[email protected].
SUPPLEMENTARY INFORMATION:
A. Background
As parts of the FPMR are rewritten, they are being moved into the
Federal Management Regulation (FMR). Subpart 101-6.4 of the Federal
Property Management Regulations (FPMR) has been rewritten as a part of
GSA's regulatory initiative to update, streamline, and clarify the
FPMR. During this rewriting process, GSA surveyed the Federal Fleet
Policy Council (FEDFLEET) members in November 1999 and considered the
comments received.
The scope provision of the current regulation in subpart 101-6.400
states that the rule does not apply to use of a Government passenger
carrier in conjunction with official travel in performing temporary
duty (TDY) assignments. In redrafting the regulation, GSA revised the
structure of the rule. While the scope of this final rule states that
the regulation governs the use of Government passenger carriers to
transport employees between their homes and place of work, the rule
still does not apply to the use of a Government passenger carrier in
conjunction with official travel in performing temporary duty (TDY)
assignments, or permanent change of station (PCS) travel, as is made
clear in Sec. 102-5.20 of this final rule.
GSA occasionally receives inquiries about the tax implications for
employees using Government passenger carriers for transportation
between their residence and place of employment. Agencies and employees
should examine their tax responsibilities and consult the Internal
Revenue Service as needed.
Another subject about which GSA receives questions involves
Government contractor use of Government passenger carriers. While this
regulation, in most provisions, addresses Federal officers or employees
exclusively, 41 CFR 102-34.230 states that an agency cannot authorize a
Government contractor to use motor vehicles between residence and place
of employment unless authorized in accordance with 31 U.S.C. 1344 and
this regulation.
B. Executive Order 12866
GSA has determined that this final rule is not a significant
regulatory action
[[Page 54966]]
for the purposes of Executive Order 12866 of September 30, 1993.
C. Regulatory Flexibility Act
This final rule is not expected to 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.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does not impose recordkeeping or information collection requirements,
or the collection of information from offerors, contractors, or members
of the public which 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 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 101-6 and 102-5
Government property management.
For the reasons set forth in the preamble, GSA amends 41 CFR
chapters 101 and 102 as follows:
CHAPTER 101--[AMENDED]
1. The authority citation for part 101-6 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); 31
U.S.C. 1344(e)(1).
PART 101-6--MISCELLANEOUS REGULATIONS
2. Subpart 101-6.4 consisting of Sec. 101-6.400 is revised to read
as follows:
Subpart 101-6.4--Official Use of Government Passenger Carriers
Between Residence and Place of Employment
Sec. 101-6.400 Cross-reference to the Federal Management Regulation
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).
For policy concerning official use of Government passenger carriers
between residence and place of employment previously contained in this
part, see FMR part 5 (41 CFR part 102-5), Home-to-Work Transportation.
CHAPTER 102--[AMENDED]
3. Part 102-5 is added to subchapter A of chapter 102 to read as
follows:
PART 102-5--HOME-TO-WORK TRANSPORTATION
Subpart A--General
Sec.
102-5.5 Preamble.
102-5.10 What does this part cover?
102-5.15 Who is covered by this part?
102-5.20 Who is not covered by this part?
102-5.25 What additional guidance concerning home-to-work
transportation should Federal agencies issue?
102-5.30 What definitions apply to this part?
Subpart B--Authorizing Home-to-Work Transportation
102-5.35 Who is authorized home-to-work transportation?
102-5.40 May the agency head delegate the authority to make home-
to-work determinations?
102-5.45 Should determinations be completed before an employee is
provided with home-to-work transportation?
102-5.50 May determinations be made in advance for employees who
respond to unusual circumstances when they arise?
102-5.55 How do we prepare determinations?
102-5.60 How long are initial determinations effective?
102-5.65 What procedures apply when the need for home-to-work
transportation exceeds the initial period?
102-5.70 What considerations apply in making a determination to
authorize home-to-work transportation for field work?
102-5.75 What circumstances do not establish a basis for
authorizing home-to-work transportation for field work?
102-5.80 What are some examples of positions that may involve
field work?
102-5.85 What information should our determination for field work
include if positions are identified rather than named individuals?
102-5.90 Should an agency consider whether to base a Government
passenger carrier at a Government facility near the employee's home
or work rather than authorize the employee home-to-work
transportation?
102-5.95 Is the comfort and/or convenience of an employee
considered sufficient justification to authorize home-to-work
transportation?
102-5.100 May we use home-to-work transportation for other than
official purposes?
102-5.105 May others accompany an employee using home-to-work
transportation?
Subpart C--Documenting and Reporting Determinations
102-5.110 Must we report our determinations outside of our agency?
102-5.115 When must we report our determinations?
102-5.120 What are our responsibilities for documenting use of
home-to-work transportation?
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); 31
U.S.C. 1344(e)(1).
Subpart A--General
Sec. 102-5.5 Preamble.
(a) The questions and associated answers in this part are
regulatory in effect. Thus compliance with the written text of this
part is required by all to whom it applies.
(b) The terms ``we,'' ``I,'' ``our,'' ``you,'' and ``your,'' when
used in this part, mean you as a Federal agency, an agency head, or an
employee, as appropriate.
Sec. 102-5.10 What does this part cover?
This part covers the use of Government passenger carriers to
transport employees between their homes and places of work.
Sec. 102-5.15 Who is covered by this part?
This part covers Federal agency employees in the executive,
judicial, and legislative branches of the Government, with the
exception of employees of the Senate, House of Representatives,
Architect of the Capitol, and government of the District of Columbia.
Sec. 102-5.20 Who is not covered by this part?
This part does not cover:
(a) Employees who are on official travel (TDY); or
(b) Employees who are on permanent change of station (PCS) travel;
or
(c) Employees who are essential for the safe and efficient
performance of intelligence, counterintelligence, protective services,
or criminal law enforcement duties when designated in writing as such
by their agency head.
Sec. 102-5.25 What additional guidance concerning home-to-work
transportation should Federal agencies issue?
Each Federal agency using Government passenger carriers to provide
home-to-work transportation for employees who are essential for the
safe and efficient performance of intelligence, counterintelligence,
protective services, or criminal law enforcement duties should issue
guidance concerning such use.
Sec. 102-5.30 What definitions apply to this part?
The following definitions apply to this part:
Agency head means the highest official of a Federal agency.
Clear and present danger means highly unusual circumstances that
present a threat to the physical safety of the employee or their
property when the danger is:
[[Page 54967]]
(1) Real; and
(2) Immediate or imminent, not merely potential; and
(3) The use of a Government passenger carrier would provide
protection not otherwise available.
Compelling operational considerations means those circumstances
where home-to-work transportation is essential to the conduct of
official business or would substantially increase a Federal agency's
efficiency and economy.
Emergency means circumstances that exist whenever there is an
immediate, unforeseeable, temporary need to provide home-to-work
transportation for those employees necessary to the uninterrupted
performance of the agency's mission. (An emergency may occur where
there is a major disruption of available means of transportation to or
from a work site, an essential Government service must be provided, and
there is no other way to transport those employees.)
Employee means a Federal officer or employee of a Federal agency,
including an officer or enlisted member of the Armed Forces.
Federal agency means:
(1) A department (as defined in section 18 of the Act of August 2,
1946 (41 U.S.C. 5a));
(2) An executive department (as defined in 5 U.S.C. 101);
(3) A military department (as defined in 5 U.S.C. 102);
(4) A Government corporation (as defined in 5 U.S.C. 103(1));
(5) A Government controlled corporation (as defined in 5 U.S.C.
103(2));
(6) A mixed-ownership Government corporation (as defined in 31
U.S.C. 9101(2));
(7) Any establishment in the executive branch of the Government
(including the Executive Office of the President);
(8) Any independent regulatory agency (including an independent
regulatory agency specified in 44 U.S.C. 3502(10));
(9) The Smithsonian Institution;
(10) Any nonappropriated fund instrumentality of the United States;
and
(11) The United States Postal Service.
Field work means official work requiring the employee's presence at
various locations other than his/her regular place of work. (Multiple
stops (itinerant-type travel) within the accepted local commuting area,
limited use beyond the local commuting area, or transportation to
remote locations that are only accessible by Government-provided
transportation are examples of field work.)
Home means the primary place where an employee resides and from
which the employee commutes to his/her place of work.
Home-to-work transportation means the use of a Government passenger
carrier to transport an employee between his/her home and place of
work.
Passenger carrier means a motor vehicle, aircraft, boat, ship, or
other similar means of transportation that is owned (including those
that have come into the possession of the Government by forfeiture or
donation), leased, or rented (non-TDY) by the United States Government.
Work means any place within the accepted commuting area, as
determined by the Federal agency for the locality involved, where an
employee performs his/her official duties.
Subpart B--Authorizing Home-to-Work Transportation
Sec. 102-5.35 Who is authorized home-to-work transportation?
By statute, certain Federal officials are authorized home-to-work
transportation, as are employees who meet certain statutory criteria as
determined by their agency head. The Federal officials authorized by
statute are the President, the Vice-President, and other principal
Federal officials and their designees, as provided in 31 U.S.C.
1344(b)(1) through (b)(7). Those employees engaged in field work, or
faced with a clear and present danger, an emergency, or a compelling
operational consideration may be authorized home-to-work transportation
as determined by their agency head. No other employees are authorized
home-to-work transportation.
Sec. 102-5.40 May the agency head delegate the authority to make home-
to-work determinations?
No, the agency head may not delegate the authority to make home-to-
work determinations.
Sec. 102-5.45 Should determinations be completed before an employee is
provided with home-to-work transportation?
Yes, determinations should be completed before an employee is
provided with home-to-work transportation unless it is impracticable to
do so.
Sec. 102-5.50 May determinations be made in advance for employees who
respond to unusual circumstances when they arise?
Yes, determinations may be made in advance when the Federal agency
wants to have employees ready to respond to:
(a) A clear and present danger;
(b) An emergency; or
(c) A compelling operational consideration.
Note to Sec. 102-5.50: Implementation of these determinations is
contingent upon one of the three circumstances occurring. Thus,
these may be referred to as ``contingency determinations.''
Sec. 102-5.55 How do we prepare determinations?
Determinations must be in writing and include the:
(a) Name and title of the employee (or other identification, if
confidential);
(b) Reason for authorizing home-to-work transportation; and
(c) Anticipated duration of the authorization.
Sec. 102-5.60 How long are initial determinations effective?
Initial determinations are effective for no longer than:
(a) Two years for field work, updated as necessary; and
(b) Fifteen days for other circumstances.
Sec. 102-5.65 What procedures apply when the need for home-to-work
transportation exceeds the initial period?
The agency head may approve unlimited subsequent determinations,
when the need for home-to-work transportation exceeds the initial
period, for no longer than:
(a) Two years each for field work, updated as necessary; and
(b) Ninety calendar days each for other circumstances.
Sec. 102-5.70 What considerations apply in making a determination to
authorize home-to-work transportation for field work?
Agencies should consider the following when making a determination
to authorize home-to-work transportation for field work:
(a) The location of the employee's home in proximity to his/her
work and to the locations where non-TDY travel is required; and
(b) The use of home-to-work transportation for field work should be
authorized only to the extent that such transportation will
substantially increase the efficiency and economy of the Government.
Sec. 102-5.75 What circumstances do not establish a basis for
authorizing home-to-work transportation for field work?
The following circumstances do not establish a basis for
authorizing home-to-work transportation for field work:
(a) When an employee assigned to field work is not actually
performing field work.
[[Page 54968]]
(b) When the employee's workday begins at his/her work; or
(c) When the employee normally commutes to a fixed location,
however far removed from his/her official duty station (for example,
auditors or investigators assigned to a defense contractor plant).
Note to Sec. 102-5.75: For instances where an employee is
authorized home-to-work transportation under the field work
provision, but performs field work only on an intermittent basis,
the agency shall establish procedures to ensure that a Government
passenger carrier is used only when field work is actually being
performed. Although some employees' daily work station is not
located in a Government office, these employees are not performing
field work. Like all Government employees, employees working in a
``field office'' are responsible for their own commuting costs.
Sec. 102-5.80 What are some examples of positions that may involve
field work?
Examples of positions that may involve field work include, but are
not limited to:
(a) Quality assurance inspectors;
(b) Construction inspectors;
(c) Dairy inspectors;
(d) Mine inspectors;
(e) Meat inspectors; and
(f) Medical officers on outpatient service.
Note to Sec. 102-5.80: The assignment of an employee to such a
position does not, of itself, entitle an employee to receive daily
home-to-work transportation.
Sec. 102-5.85 What information should our determination for field work
include if positions are identified rather than named individuals?
If positions are identified rather than named individuals, your
determination for field work should include sufficient information to
satisfy an audit, if necessary. This information should include the job
title, number, and operational level where the work is to be performed
(e.g., five recruiter personnel or, positions at the Detroit Army
Recruiting Battalion).
Note to Sec. 102-5.85: An agency head may elect to designate
positions rather than individual names, especially in positions
where rapid turnover occurs.
Sec. 102-5.90 Should an agency consider whether to base a Government
passenger carrier at a Government facility near the employee's home or
work rather than authorize the employee home-to-work transportation?
Yes, situations may arise where, for cost or other reasons, it is
in the Government's interest to base a Government passenger carrier at
a Government facility located near the employee's home or work rather
than authorize the employee home-to-work transportation.
Sec. 102-5.95 Is the comfort and/or convenience of an employee
considered sufficient justification to authorize home-to-work
transportation?
No, the comfort and/or convenience of an employee is not considered
sufficient justification to authorize home-to-work transportation.
Sec. 102-5.100 May we use home-to-work transportation for other than
official purposes?
No, you may not use home-to-work transportation for other than
official purposes. However, if your agency has prescribed rules for the
incidental use of Government vehicles (as provided in 31 U.S.C. note),
you may use the vehicle in accordance with those rules in connection
with an existing home-to-work authorization.
Sec. 102-5.105 May others accompany an employee using home-to-work
transportation?
Yes, an employee authorized home-to-work transportation may share
space in a Government passenger carrier with other individuals,
provided that the passenger carrier does not travel additional
distances as a result and such sharing is consistent with his/her
Federal agency's policy. When a Federal agency establishes its space
sharing policy, the Federal agency should consider its potential
liability for and to those individuals. Home-to-work transportation
does not extend to the employee's spouse, other relatives, or friends
unless they travel with the employee from the same point of departure
to the same destination, and this use is consistent with the Federal
agency's policy.
Subpart C--Documenting and Reporting Determinations
Sec. 102-5.110 Must we report our determinations outside of our
agency?
Yes, you must submit your determinations to the following
Congressional Committees:
(a) Chairman, Committee on Governmental Affairs, United States
Senate, Suite SD-340, Dirksen Senate Office Building, Washington, DC
20510-6250; and
(b) Chairman, Committee on Governmental Reform, United States House
of Representatives, Suite 2157, Rayburn House Office Building,
Washington, DC 20515-6143.
Sec. 102-5.115 When must we report our determinations?
You must report your determinations to Congress no later than 60
calendar days after approval. You may consolidate any subsequent
determinations into a single report and submit them quarterly.
Sec. 102-5.120 What are our responsibilities for documenting use of
home-to-work transportation?
Your responsibilities for documenting use of home-to-work
transportation are that you must maintain logs or other records
necessary to verify that any home-to-work transportation was for
official purposes. Each agency may decide the organizational level at
which the logs should be maintained and kept. The logs or other records
should be easily accessible for audit and should contain:
(a) Name and title of employee (or other identification, if
confidential) using the passenger carrier;
(b) Name and title of person authorizing use;
(c) Passenger carrier identification;
(d) Date(s) home-to-work transportation is authorized;
(e) Location of residence;
(f) Duration; and
(g) Circumstances requiring home-to-work transportation.
Note: This document was received at the Office of the Federal
Register on September 6, 2000.
Dated: February 14, 2000.
David J. Barram,
Administrator of General Services.
[FR Doc. 00-23250 Filed 9-11-00; 8:45 am]
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