Federal Travel Regulation; E-Gov Travel Service (ETS) and Use of Contract City-Pair Fares, 49373-49376 [E6-13917]
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Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations
Thus, Executive Order 13175 does not
apply to this rule
GENERAL SERVICES
ADMINISTRATION
X. Congressional Review Act
41 CFR Parts 301–10, 301–11, 301–50,
301–52, 301–71, and 301–73
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of this final
rule in the Federal Register. This final
rule is not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: August 14, 2006.
Janet L. Andersen,
Director, Biopesticides and Pollution
Division, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.1210 is revised to read
as follows:
I
§ 180.1210 Phosphorous acid; exemption
from the requirement of a tolerance.
An exemption from the requirement
of a tolerance is established for residues
of phosphorous acid and its ammonium,
sodium, and potassium salts in or on all
food commodities when used as an
agricultural fungicide and in or on
potatoes when applied as a post-harvest
treatment at 35,600 ppm or less
phosphorous acid.
[FR Doc. E6–13954 Filed 8–22–06; 8:45 am]
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BILLING CODE 6560–50–S
[FTR Amendment 2006–04; FTR Case 2005–
305]
RIN 3090–AI19
Federal Travel Regulation; E-Gov
Travel Service (ETS) and Use of
Contract City-Pair Fares
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Final rule.
AGENCY:
SUMMARY: The General Services
Administration (GSA) is amending the
Federal Travel Regulation (FTR), by
adding new requirements that address
the use of other-than contract city pair
airfares, the handling of receipts under
the E-Gov Travel Service (ETS)
environment, and new responsibilities
for reviewing officials. This final rule
also introduces and defines the term
‘‘online self-service booking tool’’ and
provides for exceptions under certain
circumstances to the required use of an
agency’s current Travel Management
Service (TMS) or ETS once the agency
has fully deployed ETS. Finally, this
final rule requires agencies to develop
and submit upon request to the ETS
Program Management Office, a plan for
maximizing the agency’s adoption rate
(i.e., achieving the highest possible rate
of use of the agency’s online self-service
booking tool) once the agency has fully
deployed ETS. The explanation of
changes is addressed in the
supplementary information below. The
FTR and any corresponding documents
may be accessed at GSA’s Web site at
https://www.gsa.gov/ftr.
DATES: Effective Date: September 22,
2006.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat (VIR), Room
4035, GS Building, Washington, DC,
20405, (202) 208–7312, for information
pertaining to status or publication
schedules. For clarification of content,
contact Ms. Umeki Gray Thorne, Office
of Governmentwide Policy, Travel
Management Policy, at (202) 208–7636.
Please cite FTR Amendment 2006–04;
FTR case 2005–305.
SUPPLEMENTARY INFORMATION:
Background
This final rule amends the Federal
Travel Regulation as follows:
• Sections 301–10.106 and 301–
10.107 are redesignated as sections 301–
10.105 and 301–10.106, respectively.
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49373
• Newly redesignated section 301–
10.106 language is revised by removing
exceptions to the use of a contract citypair fare and incorporating them into
new section 301–10.107. Note to section
301–10.106 indicates that employees of
the Government of the District of
Columbia, with the exception of the
District of Columbia Courts, are not
eligible to use contract city-pair fares
even though these employees otherwise
may be covered by the FTR.
• New section 301–10.107 ‘‘Are there
any exceptions to the use of a contract
city-pair fare,’’ incorporates exceptions
to use of a contract city-pair fare
(formerly contained in section 301–
10.107, redesignated as section 301–
10.106) for agency consideration in
deciding whether to approve the use of
other-than a contract city-pair fare. Note
1 to section 301–10.107 (previously
Note 2 to this section) is revised to state
that any group of 10 or more passengers
traveling together on the same day, on
the same flight, for the same mission
requiring group integrity and identified
as a group by the travel management
system upon booking, may request
contract city-pair service on an optional
basis.
Note 2 to section 301–10.107 is added
to clarify that contractors are not eligible
to use contract city-pair fares in the
performance of their contract.
Note 3 to section 301–10.107 is added
to encourage agencies to optimize
savings from the contract city pair
program by comparing the cost savings
achieved by use of capacity-controlled
coach class contract city-pair fares
(MCA, QCA, VCA, etc.) to the
unrestricted coach class contract fare
(YCA), when capacity-controlled fares
are available and meet mission needs.
• Section 301–10.108 is amended by
informing travelers that they are
required to document on their travel
authorization the approval and use of a
non-contract city-pair air fare. This
section also adds a note to clarify that
air carrier preference is not a valid
reason for approving the use of a noncontract airfare.
• Section 301–11.25 is revised to
address the handling of receipts when
an agency has fully deployed ETS.
• The section heading for section 301–
50.3 is revised to include the term
‘‘TMS’’ and references to exceptions are
included in the text.
• Sections 301–50.4 is revised to add
TMS in its section heading and to
incorporate when an exception to the
use of an agency’s current TMS may be
granted.
• Section 50.6 is redesignated as
section 50.8.
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• New section 301–50.6 is added to
define the term, ‘‘online self-service
booking tool.’’
• New section 301–50.7 is added to
encourage travelers to use the agency’s
online self-service booking tool in the
ETS environment. A note is added to
this section to describe when the use of
an online self-service booking tool may
not be feasible to use.
• Section 301–52.3 is amended by
replacing the words ‘‘migrate(s) to’’ in
the first and second sentences with the
words ‘‘fully deploy(s)’’.
• Section 301–71.201, paragraph (e), is
amended to specify that ‘‘receipts,
statements, justifications, etc.’’ include
scanned electronic images of such
documents when they are available
under the ETS environment.
• Section 301–73.101 is amended to
require use of ETS with certain
exceptions, and to require agencies to
establish goals, a plan and procedures to
maximize use of the online self-service
booking tool for all travel arrangements
once agencies have fully deployed ETS.
This section also requires agencies to
make its goals, plan, and procedures
available to the ETS Program
Management Office upon the request of
the ETS Program Management Office.
• The introductory paragraph in
section 302–73.102 is revised to add
TMS and conditions under which an
agency may authorize an exception to
use of the agency’s current TMS.
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
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; therefore, the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., does not apply.
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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
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U.S.C. 801 since it relates solely to
agency management and personnel.
List of Subjects in 41 CFR Parts 301–10,
301–11, 301–50, 301–52, 301–71, and
301–73
Government employees, Travel and
transportation expenses.
Dated: March 9, 2006.
David L. Bibb,
Acting Administrator of General Services.
For the reasons set forth in the
preamble, under 5 U.S.C. 5701–5709,
GSA amends 41 CFR parts 301–10, 301–
11, 301–50, 301–52, 301–71, and 301–73
as set forth below:
I
CHAPTER 301—TEMPORARY DUTY (TDY)
TRAVEL ALLOWANCES
PART 301–10—TRANSPORTATION
EXPENSES
1. The authority citation for 41 CFR
part 301–10 continues to read as
follows:
I
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 May 22, 1992.
§§ 301–10.106 and 301–10.107
[Redesignated as §§ 301–10.105 and 301–
10.106]
2. Redesignate §§ 301–10.106 and
301–10.107 as §§ 301–10.105 and 301–
10.106, respectively.
I 3. Revise newly redesignated § 301–
10.106 to read as follows:
I
§ 301–10.106 When must I use a contract
city-pair fare?
If you are a civilian employee of an
agency as defined in § 301–1.1 of this
chapter, you must always use a contract
city-pair fare for scheduled air
passenger transportation service unless
one of the limited exceptions in § 301–
10.107 exist. An Internet listing of
contract city-pair fares is available at
https://www.gsa.gov/citypairs.
Note to § 301–10.106: Employees of the
Government of the District of Columbia, with
the exception of the District of Columbia
Courts, are not eligible to use contract citypair fares even though these employees
otherwise may be covered by the FTR.
I 4. Add new § 301–10.107 to read as
follows:
§ 301–10.107 Are there any exceptions to
the use of a contract city-pair fare?
Yes, your agency may authorize use of
a fare other-than a contract city-pair fare
when—
(a) Space on a scheduled contract
flight is not available in time to
accomplish the purpose of your travel,
or use of contract service would require
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you to incur unnecessary overnight
lodging costs which would increase the
total cost of the trip;
(b) The contractor’s flight schedule is
inconsistent with explicit policies of
your Federal department or agency with
regard to scheduling travel during
normal working hours;
(c) A non-contract carrier offers a
lower fare to the general public that, if
used, will result in a lower total trip
cost to the Government (the combined
costs of transportation, lodging, meals,
and related expenses considered);
Note to paragraph (c): This exception does
not apply if the contract carrier offers the
same or lower fare and has seats available at
that fare, or if the fare offered by the noncontract carrier is restricted to Government
and military travelers performing official
business and may be purchased only with a
contractor-issued charge card, centrally
billed account (e.g., YDG, MDG, QDG, VDG,
and similar fares) or GTR where the two
previous options are not available;
(d) Cost effective rail service is
available and is consistent with mission
requirements; or
(e) Smoking is permitted on the
contract air carrier and the nonsmoking
section of the contract aircraft is not
acceptable to you.
Note 1 to § 301–10.107: Any group of 10 or
more passengers traveling together on the
same day, on the same flight, for the same
mission, requiring group integrity and
identified as a group by the travel
management system upon booking is not a
mandatory user of the Government’s contract
city-pair fares. For group travel, agencies are
expected to obtain air passenger
transportation service that is practical and
cost effective to the Government.
Note 2 to § 301–10.107: Contractors are not
authorized to use contract city-pair fares to
perform travel under their contracts.
Note 3 to § 301–10.107: If the Government
contract city-pair carrier offers a lower cost
capacity-controlled coach class contract fare
(MCA, QCA, VCA, etc.) in addition to the
unrestricted coach class contract fares (YCA),
the traveler should use the lower cost
capacity-controlled fare when it is available
and meet mission needs.
5. Revise § 301–10.108 to read as
follows:
I
§ 301–10.108 What requirements must be
met to use a non-contract fare?
(a) Before purchasing a non-contract
fare you must meet one of the exception
requirements listed in § 301–10.107 and
show approval on your travel
authorization to use a non-contract fare;
and
(b) If the non-contract fare is nonrefundable, restricted, or has specific
eligibility requirements, you must know
or reasonably anticipate, based on your
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planned trip, that you will use the
ticket; and
(c) Your agency must determine that
the proposed non-contract
transportation is practical and cost
effective for the Government.
Note to § 301–10.108: Carrier preference is
not a valid reason for using a non-contract
fare.
PART 301–11—PER DIEM EXPENSES
6. The authority citation for 41 CFR
part 301–11 continues to read as
follows:
I
Authority: 5 U.S.C. 5707.
7. Revise § 301–11.25 to read as
follows:
I
§ 301–11.25 Must I provide receipts to
substantiate my claimed travel expenses?
Yes. You must provide a lodging
receipt and a receipt for every
authorized expense over $75, or provide
a reason acceptable to your agency
explaining why you are unable to
furnish the necessary receipt(s) (see
§ 301–52.4 of this chapter).
Note to 301–11.25: Hard copy receipts
should be electronically scanned and
submitted with your electronic travel claim
when your agency has fully deployed ETS
and notifies you that electronic scanning is
available within your agency (see § 301–50.3
of this chapter). You may submit a hard copy
receipt, in accordance with your agency’s
policies, to support a claimed travel expense
only when electronic imaging is not available
within your agency.
PART 301–50—ARRANGING FOR
TRAVEL SERVICES
deployed ETS, but only when your
travel meets one of the following
conditions:
(a) Such use would result in an
unreasonable burden on mission
accomplishment (E.G., emergency travel
is involved and TMS/ETS is not
accessible; you are performing
invitational travel; or you have special
needs or require disability
accommodations under part 301–13 of
this chapter).
(b) Such use would compromise a
national security interest.
(c) Such use might endanger your life
(e.g., you are traveling under the Federal
witness protection program, or you are
a threatened law enforcement/
investigative officer traveling under part
301–31 of this chapter).
§ 301–50.6
[Redesignated as § 301–50.8]
I 11. Redesignate § 301–50.6 as § 301–
50.8
I 12. Add new §§ 301–50.6 and 301–
50.7 to read as follows:
§ 301–50.6 What is an ‘‘online self-service
booking tool?’’
An online self-service booking tool is
an Internet based system that permits
travelers to make their own reservations
for transportation (e.g., air, rail, and car
rental) and lodging. ETS and some
agency TMS’s incorporate a self service
booking tool.
§ 301–50.7 Should I use the online selfservice booking tool once ETS is available
within my agency?
Yes, you should use the online selfservice booking tool offered by ETS or
your agency’s TMS until ETS becomes
available to you.
8. The authority citation for 41 CFR
part 301–50 continues to read as
follows:
I
Authority: 5 U.S.C. 5707; 40 U.S.C. 121
(c).
9. Amend § 301–50.3 by revising the
section heading and adding a sentence
at the end of the section to read as
follows:
I
§ 301–50.3 Must I use the ETS or TMS to
arrange my travel?
* * * Your agency may grant an
exception to required use of TMS/ETS
under §§ 301–50.4, 301–73.102, or 301–
73.104 of this chapter.
I 10. Revise § 301–50.4 to read as
follows:
Note to section 301–50.7: Some
extenuating circumstances for which you
may not be able to use online self-service
booking are (1) when you are attending a
conference where the conference sponsor has
negotiated with one or more lodging facilities
to set aside a specific number of rooms for
conference attendees and to ensure that a set
aside room is available to you, you are
required to book lodging directly with the
lodging facility, (2) when your travel is to a
remote location and it is not possible to book
lodging accommodations through the TMS or
ETS, or (3) when such travel arrangements
are so complex and circumstance will not
allow you to book your travel through an
online self-service booking tool.
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§ 301–50.4 May I be granted an exception
to the required use of TMS or ETS once my
agency has fully deployed ETS?
PART 301–52—CLAIMING
REIMBURSEMENT
Yes, your agency head or his/her
designee may grant an individual case
exception to required use of your
agency’s current TMS or to required use
of ETS once your agency has fully
I
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13. The authority citation to 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).
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§ 301–52.3
49375
[Amended]
14. Amend § 301–52.3 in the first
sentence by removing ‘‘migrates to’’ and
adding ‘‘fully deploys’’ in its place, and
the second sentence, by removing
‘‘migrate to’’ and adding ‘‘fully deploy’’
in its place.
I
PART 301–71—AGENCY TRAVEL
ACCOUNTABILITY REQUIREMENTS
15. The authority citation for part
301–71 is revised to read as follows:
I
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).
16. Amend section § 301–71.201 by
revising paragraph (e) to read as follows:
I
§ 301–71.201 What are the revising
official’s responsibilities?
*
*
*
*
*
(e) The required receipts, statements,
justifications, etc. are attached to the
travel claim, or once the agency fully
deploys ETS and implements electronic
scanning, the electronic travel claim
includes scanned electronic images of
such documents.
PART 301–73—TRAVEL PROGRAMS
17. The authority citation for part
301–73 continues to read as follows:
I
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).
18. Revise § 301–73.101 to read as
follows:
I
§ 301–73.101 How must we prepare to
implement ETS?
You must prepare to implement ETS
as expeditiously as possible by—
(a) Developing a migration plan and
schedule to deploy ETS across your
agency as early as possible with full
deployment required no later than
September 30, 2006;
(b) Requiring employees to use your
ETS unless you approve an exception
under § 301–50.6, § 301–73.102 or
§ 301–73.104;
(c) Establishing goals, plans and
procedures to maximize agency-wide
traveler use of your online self-service
booking tool once you have fully
deployed ETS within your agency.
These goals, plans, and procedures
should be available for submission to
the ETS PMO upon its request.
Note 1 to § 301–73.101: Your agency
should work with the Office of Management
and Budget (OMB) to allocate budget and
personnel resources to support ETS
migration and data exchange. Your agency is
responsible for providing the funds required
to establish interfaces between the ETS
standard data output and applicable business
systems (e.g., financial, human resources,
etc.).
Note 2 to § 301–73.101: Best practices show
that organizations are able to realize
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significant benefits once they achieve a 70
percent or greater self-booking rate.
19. Revise § 301–73.102 to read as
follows:
I
§ 301–73.102 May we grant a traveler an
exception from required use of TMS or ETS
once we have fully deployed ETS within the
agency?
(a) Yes, your agency head or his/her
designee may grant an individual case
by case exception to required use of
your agency’s current TMS or to
required use of ETS once it is fully
deployed within the agency, but only
when travel meets one of the following
conditions:
(1) Such use would result in an
unreasonable burden on mission
accomplishment (e.g., emergency travel
is involved and TMS/ETS is not
accessible; the traveler is performing
invitational travel; or the traveler has
special needs or requires disability
accommodations in accordance with
part 301–13 of this chapter).
(2) Such use would compromise a
national security interest.
(3) Such use might endanger the
traveler’s life (e.g., the individual is
traveling under the Federal witness
protection program, or is a threatened
law enforcement/investigative officer
traveling under part 301–31 of this
chapter).
(b) Any exception granted must be
consistent with any contractual terms
applicable to your current TMS or ETS,
once it is fully deployed, and must not
cause a breach of contract terms.
[FR Doc. E6–13917 Filed 8–22–06; 8:45 am]
BILLING CODE 6820–14–S
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 15
[ET Docket No. 04–37 and ET Docket No.
03–104; FCC 06–113]
Broadband Over Power Line Systems
Federal Communications
Commission.
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: This document responds to
the petitions for reconsideration of the
Commission’s rules for Access
Broadband over Power Line (Access
BPL) devices adopted in the Report and
Order in this proceeding. The
Commission is affirming the technical
rules for BPL, and denying petitions for
reconsideration that request delay,
further study, or the exclusion of
particular additional frequencies. The
Commission is amending the rules to
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change the exclusion zone requirement
for the ten listed radio astronomy
facilities to a consultation requirement,
and to add a new exclusion zone for one
Very Large Array (VLA) radio astronomy
observatory site at 73.0–74.6 MHz. In
addition, it is also amending the rules
to add prospective protection for
relocated aeronautical facilities and to
correct the coordinates and email
contact for the aeronautical facilities
subject to BPL consultation. The
Commission affirms the deadline for
requiring certification for any
equipment manufactured, imported or
installed on BPL systems, with the
proviso that uncertified equipment
already in inventory can be used for
replacing defective units or to
supplement equipment on existing
systems for one year within areas
already in operation. The Commission
believes these changes will further the
development and growth of BPL
devices. It is denying the petitions for
reconsideration in all other respects.
DATES: Effective September 22, 2006.
FOR FURTHER INFORMATION CONTACT: Anh
Wride, Office of Engineering and
Technology, (202) 418–0577, e-mail:
Anh.Wride@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
Memorandum Opinion and Order, ET
Docket No. 04–37, and ET Docket No.
03–104, adopted August 3, 2006 and
released August 7, 2006. The full text of
this document is available on the
Commission’s Internet site at
www.fcc.gov. It is also available for
inspection and copying during regular
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street, SW., Washington, DC 20554. The
full text of this document also may be
purchased from the Commission’s
duplication contractor, Best Copy and
Printing Inc., Portals II, 445 12th St.,
SW., Room CY–B402, Washington, DC
20554; telephone (202) 488–5300; fax
(202) 488–5563; e-mail
FCC@BCPIWEB.COM.
Summary of the Memorandum Opinion
and Order
1. In the Memorandum Opinion and
Order, the Commission further amends
part 15 of its rules regarding the
unlicensed operation of Access
broadband over power line (BPL)
systems. Specifically, the rules are
amended to change the exclusion zone
requirement for the ten listed radio
astronomy facilities to a consultation
requirement, and to add a new
exclusion zone for one Very Large Array
(VLA) radio astronomy observatory site
at 73.0–74.6 MHz. In addition, the
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Commission amends the rules to add
prospective protection for relocated
aeronautical facilities and to correct the
coordinates and email contact for the
aeronautical facilities subject to BPL
consultation. The Commission affirms
the July 7, 2006 deadline for requiring
certification for any equipment
manufactured, imported or installed on
BPL systems, with the proviso that
uncertified equipment already in
inventory can be used for replacing
defective units or to supplement
equipment on existing systems for one
year within areas already in operation.
The Commission believes these changes
will further the development and
growth of BPL devices. The Commission
denies the petitions for reconsideration
in all other respects.
A. Notification to the Access BPL
Database
2. In the Report and Order, 70 FR
1360, January 7, 2005, in this
proceeding, the Commission adopted a
requirement that the Access BPL
industry establish a publicly accessible
database for system information. Under
this requirement, entities operating
Access BPL systems must provide to the
BPL industry designated database
manager certain information on BPL
installations 30 days prior to the
initiation of any operation or service.
The BPL industry requested elimination
of this 30-day advance notification.
3. The Commission denied this
request. It stated that the purpose of the
database notification requirement is to
ensure that licensed users of the
spectrum have a publicly accessible and
centralized source of information on
BPL operations to determine whether
there may be Access BPL operations on
particular frequencies within their local
area so that any incident of harmful
interference can be resolved should it
occur. The Commission noted that the
BPL public database serves a unique
function to identify the location and
operating characteristics of BPL systems
to entities other than those entitled to
advance notification. The Commission
however provided several clarifications
regarding the notification process.
B. Transition Period
4. The rules adopted in the Report
and Order require that all Access BPL
devices that are manufactured,
imported, marketed or installed 18
months or later after the Federal
Register publication of the Report and
Order, i.e., after July 7, 2006, must
comply with the newly adopted
requirements of Subpart G of part 15 for
BPL devices, including certification of
the equipment. The BPL industry
E:\FR\FM\23AUR1.SGM
23AUR1
]]>Agencies
[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Rules and Regulations]
[Pages 49373-49376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13917]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 301-10, 301-11, 301-50, 301-52, 301-71, and 301-73
[FTR Amendment 2006-04; FTR Case 2005-305]
RIN 3090-AI19
Federal Travel Regulation; E-Gov Travel Service (ETS) and Use of
Contract City-Pair Fares
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is amending the
Federal Travel Regulation (FTR), by adding new requirements that
address the use of other-than contract city pair airfares, the handling
of receipts under the E-Gov Travel Service (ETS) environment, and new
responsibilities for reviewing officials. This final rule also
introduces and defines the term ``online self-service booking tool''
and provides for exceptions under certain circumstances to the required
use of an agency's current Travel Management Service (TMS) or ETS once
the agency has fully deployed ETS. Finally, this final rule requires
agencies to develop and submit upon request to the ETS Program
Management Office, a plan for maximizing the agency's adoption rate
(i.e., achieving the highest possible rate of use of the agency's
online self-service booking tool) once the agency has fully deployed
ETS. The explanation of changes is addressed in the supplementary
information below. The FTR and any corresponding documents may be
accessed at GSA's Web site at https://www.gsa.gov/ftr.
DATES: Effective Date: September 22, 2006.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VIR),
Room 4035, GS Building, Washington, DC, 20405, (202) 208-7312, for
information pertaining to status or publication schedules. For
clarification of content, contact Ms. Umeki Gray Thorne, Office of
Governmentwide Policy, Travel Management Policy, at (202) 208-7636.
Please cite FTR Amendment 2006-04; FTR case 2005-305.
SUPPLEMENTARY INFORMATION:
Background
This final rule amends the Federal Travel Regulation as follows:
Sections 301-10.106 and 301-10.107 are redesignated as
sections 301-10.105 and 301-10.106, respectively.
Newly redesignated section 301-10.106 language is revised
by removing exceptions to the use of a contract city-pair fare and
incorporating them into new section 301-10.107. Note to section 301-
10.106 indicates that employees of the Government of the District of
Columbia, with the exception of the District of Columbia Courts, are
not eligible to use contract city-pair fares even though these
employees otherwise may be covered by the FTR.
New section 301-10.107 ``Are there any exceptions to the
use of a contract city-pair fare,'' incorporates exceptions to use of a
contract city-pair fare (formerly contained in section 301-10.107,
redesignated as section 301-10.106) for agency consideration in
deciding whether to approve the use of other-than a contract city-pair
fare. Note 1 to section 301-10.107 (previously Note 2 to this section)
is revised to state that any group of 10 or more passengers traveling
together on the same day, on the same flight, for the same mission
requiring group integrity and identified as a group by the travel
management system upon booking, may request contract city-pair service
on an optional basis.
Note 2 to section 301-10.107 is added to clarify that contractors
are not eligible to use contract city-pair fares in the performance of
their contract.
Note 3 to section 301-10.107 is added to encourage agencies to
optimize savings from the contract city pair program by comparing the
cost savings achieved by use of capacity-controlled coach class
contract city-pair fares (MCA, QCA, VCA, etc.) to the unrestricted
coach class contract fare (YCA), when capacity-controlled fares are
available and meet mission needs.
Section 301-10.108 is amended by informing travelers that
they are required to document on their travel authorization the
approval and use of a non-contract city-pair air fare. This section
also adds a note to clarify that air carrier preference is not a valid
reason for approving the use of a non-contract airfare.
Section 301-11.25 is revised to address the handling of
receipts when an agency has fully deployed ETS.
The section heading for section 301-50.3 is revised to
include the term ``TMS'' and references to exceptions are included in
the text.
Sections 301-50.4 is revised to add TMS in its section
heading and to incorporate when an exception to the use of an agency's
current TMS may be granted.
Section 50.6 is redesignated as section 50.8.
[[Page 49374]]
New section 301-50.6 is added to define the term, ``online
self-service booking tool.''
New section 301-50.7 is added to encourage travelers to
use the agency's online self-service booking tool in the ETS
environment. A note is added to this section to describe when the use
of an online self-service booking tool may not be feasible to use.
Section 301-52.3 is amended by replacing the words
``migrate(s) to'' in the first and second sentences with the words
``fully deploy(s)''.
Section 301-71.201, paragraph (e), is amended to specify
that ``receipts, statements, justifications, etc.'' include scanned
electronic images of such documents when they are available under the
ETS environment.
Section 301-73.101 is amended to require use of ETS with
certain exceptions, and to require agencies to establish goals, a plan
and procedures to maximize use of the online self-service booking tool
for all travel arrangements once agencies have fully deployed ETS. This
section also requires agencies to make its goals, plan, and procedures
available to the ETS Program Management Office upon the request of the
ETS Program Management Office.
The introductory paragraph in section 302-73.102 is
revised to add TMS and conditions under which an agency may authorize
an exception to use of the agency's current TMS.
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 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; 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 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 Parts 301-10, 301-11, 301-50, 301-52,
301-71, and 301-73
Government employees, Travel and transportation expenses.
Dated: March 9, 2006.
David L. Bibb,
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 parts 301-10, 301-11, 301-50, 301-52, 301-71, and
301-73 as set forth below:
CHAPTER 301--TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES
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 May 22, 1992.
Sec. Sec. 301-10.106 and 301-10.107 [Redesignated as Sec. Sec. 301-
10.105 and 301-10.106]
0
2. Redesignate Sec. Sec. 301-10.106 and 301-10.107 as Sec. Sec. 301-
10.105 and 301-10.106, respectively.
0
3. Revise newly redesignated Sec. 301-10.106 to read as follows:
Sec. 301-10.106 When must I use a contract city-pair fare?
If you are a civilian employee of an agency as defined in Sec.
301-1.1 of this chapter, you must always use a contract city-pair fare
for scheduled air passenger transportation service unless one of the
limited exceptions in Sec. 301-10.107 exist. An Internet listing of
contract city-pair fares is available at https://www.gsa.gov/citypairs.
Note to Sec. 301-10.106: Employees of the Government of the
District of Columbia, with the exception of the District of Columbia
Courts, are not eligible to use contract city-pair fares even though
these employees otherwise may be covered by the FTR.
0
4. Add new Sec. 301-10.107 to read as follows:
Sec. 301-10.107 Are there any exceptions to the use of a contract
city-pair fare?
Yes, your agency may authorize use of a fare other-than a contract
city-pair fare when--
(a) Space on a scheduled contract flight is not available in time
to accomplish the purpose of your travel, or use of contract service
would require you to incur unnecessary overnight lodging costs which
would increase the total cost of the trip;
(b) The contractor's flight schedule is inconsistent with explicit
policies of your Federal department or agency with regard to scheduling
travel during normal working hours;
(c) A non-contract carrier offers a lower fare to the general
public that, if used, will result in a lower total trip cost to the
Government (the combined costs of transportation, lodging, meals, and
related expenses considered);
Note to paragraph (c): This exception does not apply if the
contract carrier offers the same or lower fare and has seats
available at that fare, or if the fare offered by the non-contract
carrier is restricted to Government and military travelers
performing official business and may be purchased only with a
contractor-issued charge card, centrally billed account (e.g., YDG,
MDG, QDG, VDG, and similar fares) or GTR where the two previous
options are not available;
(d) Cost effective rail service is available and is consistent with
mission requirements; or
(e) Smoking is permitted on the contract air carrier and the
nonsmoking section of the contract aircraft is not acceptable to you.
Note 1 to Sec. 301-10.107: Any group of 10 or more passengers
traveling together on the same day, on the same flight, for the same
mission, requiring group integrity and identified as a group by the
travel management system upon booking is not a mandatory user of the
Government's contract city-pair fares. For group travel, agencies
are expected to obtain air passenger transportation service that is
practical and cost effective to the Government.
Note 2 to Sec. 301-10.107: Contractors are not authorized to
use contract city-pair fares to perform travel under their
contracts.
Note 3 to Sec. 301-10.107: If the Government contract city-pair
carrier offers a lower cost capacity-controlled coach class contract
fare (MCA, QCA, VCA, etc.) in addition to the unrestricted coach
class contract fares (YCA), the traveler should use the lower cost
capacity-controlled fare when it is available and meet mission
needs.
0
5. Revise Sec. 301-10.108 to read as follows:
Sec. 301-10.108 What requirements must be met to use a non-contract
fare?
(a) Before purchasing a non-contract fare you must meet one of the
exception requirements listed in Sec. 301-10.107 and show approval on
your travel authorization to use a non-contract fare; and
(b) If the non-contract fare is non-refundable, restricted, or has
specific eligibility requirements, you must know or reasonably
anticipate, based on your
[[Page 49375]]
planned trip, that you will use the ticket; and
(c) Your agency must determine that the proposed non-contract
transportation is practical and cost effective for the Government.
Note to Sec. 301-10.108: Carrier preference is not a valid
reason for using a non-contract fare.
PART 301-11--PER DIEM EXPENSES
0
6. The authority citation for 41 CFR part 301-11 continues to read as
follows:
Authority: 5 U.S.C. 5707.
0
7. Revise Sec. 301-11.25 to read as follows:
Sec. 301-11.25 Must I provide receipts to substantiate my claimed
travel expenses?
Yes. You must provide a lodging receipt and a receipt for every
authorized expense over $75, or provide a reason acceptable to your
agency explaining why you are unable to furnish the necessary
receipt(s) (see Sec. 301-52.4 of this chapter).
Note to 301-11.25: Hard copy receipts should be electronically
scanned and submitted with your electronic travel claim when your
agency has fully deployed ETS and notifies you that electronic
scanning is available within your agency (see Sec. 301-50.3 of this
chapter). You may submit a hard copy receipt, in accordance with
your agency's policies, to support a claimed travel expense only
when electronic imaging is not available within your agency.
PART 301-50--ARRANGING FOR TRAVEL SERVICES
0
8. The authority citation for 41 CFR part 301-50 continues to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121 (c).
0
9. Amend Sec. 301-50.3 by revising the section heading and adding a
sentence at the end of the section to read as follows:
Sec. 301-50.3 Must I use the ETS or TMS to arrange my travel?
* * * Your agency may grant an exception to required use of TMS/ETS
under Sec. Sec. 301-50.4, 301-73.102, or 301-73.104 of this chapter.
0
10. Revise Sec. 301-50.4 to read as follows:
Sec. 301-50.4 May I be granted an exception to the required use of
TMS or ETS once my agency has fully deployed ETS?
Yes, your agency head or his/her designee may grant an individual
case exception to required use of your agency's current TMS or to
required use of ETS once your agency has fully deployed ETS, but only
when your travel meets one of the following conditions:
(a) Such use would result in an unreasonable burden on mission
accomplishment (e.g., emergency travel is involved and TMS/ETS is not
accessible; you are performing invitational travel; or you have special
needs or require disability accommodations under part 301-13 of this
chapter).
(b) Such use would compromise a national security interest.
(c) Such use might endanger your life (e.g., you are traveling
under the Federal witness protection program, or you are a threatened
law enforcement/investigative officer traveling under part 301-31 of
this chapter).
Sec. 301-50.6 [Redesignated as Sec. 301-50.8]
0
11. Redesignate Sec. 301-50.6 as Sec. 301-50.8
0
12. Add new Sec. Sec. 301-50.6 and 301-50.7 to read as follows:
Sec. 301-50.6 What is an ``online self-service booking tool?''
An online self-service booking tool is an Internet based system
that permits travelers to make their own reservations for
transportation (e.g., air, rail, and car rental) and lodging. ETS and
some agency TMS's incorporate a self service booking tool.
Sec. 301-50.7 Should I use the online self-service booking tool once
ETS is available within my agency?
Yes, you should use the online self-service booking tool offered by
ETS or your agency's TMS until ETS becomes available to you.
Note to section 301-50.7: Some extenuating circumstances for
which you may not be able to use online self-service booking are (1)
when you are attending a conference where the conference sponsor has
negotiated with one or more lodging facilities to set aside a
specific number of rooms for conference attendees and to ensure that
a set aside room is available to you, you are required to book
lodging directly with the lodging facility, (2) when your travel is
to a remote location and it is not possible to book lodging
accommodations through the TMS or ETS, or (3) when such travel
arrangements are so complex and circumstance will not allow you to
book your travel through an online self-service booking tool.
PART 301-52--CLAIMING REIMBURSEMENT
0
13. The authority citation to 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).
Sec. 301-52.3 [Amended]
0
14. Amend Sec. 301-52.3 in the first sentence by removing ``migrates
to'' and adding ``fully deploys'' in its place, and the second
sentence, by removing ``migrate to'' and adding ``fully deploy'' in its
place.
PART 301-71--AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS
0
15. The authority citation for part 301-71 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).
0
16. Amend section Sec. 301-71.201 by revising paragraph (e) to read as
follows:
Sec. 301-71.201 What are the revising official's responsibilities?
* * * * *
(e) The required receipts, statements, justifications, etc. are
attached to the travel claim, or once the agency fully deploys ETS and
implements electronic scanning, the electronic travel claim includes
scanned electronic images of such documents.
PART 301-73--TRAVEL PROGRAMS
0
17. The authority citation for part 301-73 continues to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).
0
18. Revise Sec. 301-73.101 to read as follows:
Sec. 301-73.101 How must we prepare to implement ETS?
You must prepare to implement ETS as expeditiously as possible by--
(a) Developing a migration plan and schedule to deploy ETS across
your agency as early as possible with full deployment required no later
than September 30, 2006;
(b) Requiring employees to use your ETS unless you approve an
exception under Sec. 301-50.6, Sec. 301-73.102 or Sec. 301-73.104;
(c) Establishing goals, plans and procedures to maximize agency-
wide traveler use of your online self-service booking tool once you
have fully deployed ETS within your agency. These goals, plans, and
procedures should be available for submission to the ETS PMO upon its
request.
Note 1 to Sec. 301-73.101: Your agency should work with the
Office of Management and Budget (OMB) to allocate budget and
personnel resources to support ETS migration and data exchange. Your
agency is responsible for providing the funds required to establish
interfaces between the ETS standard data output and applicable
business systems (e.g., financial, human resources, etc.).
Note 2 to Sec. 301-73.101: Best practices show that
organizations are able to realize
[[Page 49376]]
significant benefits once they achieve a 70 percent or greater self-
booking rate.
0
19. Revise Sec. 301-73.102 to read as follows:
Sec. 301-73.102 May we grant a traveler an exception from required
use of TMS or ETS once we have fully deployed ETS within the agency?
(a) Yes, your agency head or his/her designee may grant an
individual case by case exception to required use of your agency's
current TMS or to required use of ETS once it is fully deployed within
the agency, but only when travel meets one of the following conditions:
(1) Such use would result in an unreasonable burden on mission
accomplishment (e.g., emergency travel is involved and TMS/ETS is not
accessible; the traveler is performing invitational travel; or the
traveler has special needs or requires disability accommodations in
accordance with part 301-13 of this chapter).
(2) Such use would compromise a national security interest.
(3) Such use might endanger the traveler's life (e.g., the
individual is traveling under the Federal witness protection program,
or is a threatened law enforcement/investigative officer traveling
under part 301-31 of this chapter).
(b) Any exception granted must be consistent with any contractual
terms applicable to your current TMS or ETS, once it is fully deployed,
and must not cause a breach of contract terms.
[FR Doc. E6-13917 Filed 8-22-06; 8:45 am]
BILLING CODE 6820-14-S
