Federal Travel Regulation; Updating Glossary of Terms and E-Gov Travel Service Requirements, 89650-89653 [2023-28551]
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Proposed Rules
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Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves establishing an anchorage
ground, Crims Island Anchorage, in an
area traditionally used by commercial
ships for anchoring in the Lower
Columbia River system; and increasing
the anchorage capacity of the river
system. Normally such actions are
categorically excluded from further
review under paragraph L59(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0750 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
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proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 110 as follows:
PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
■
Authority: 33 U.S.C. 2071; 46 U.S.C.
70006, 70034; 33 CFR 1.05–1; Department of
Homeland Security Delegation No. 00170.1,
Revision No. 01.3.
2. Add § 110.228(a)(13) to subpart B to
read as follows:
■
§ 110.228 Columbia River, Oregon and
Washington.
(a) * * *
(13) Crims Island Anchorage. All
waters in the vicinity of Crims Island,
Oregon, bound by a line connecting the
following points:
Latitude
46°10′48.00″
46°09′37.20″
46°09′24.60″
46°09′19.20″
46°09′31.80″
46°10′32.40″
.................
.................
.................
.................
.................
.................
Longitude
123°06′41.40″
123°04′31.20″
123°03′43.20″
123°03′46.20″
123°04′35.40″
123°06′59.40″
Dated: December 21, 2023.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2023–28654 Filed 12–27–23; 8:45 am]
BILLING CODE 9110–04–P
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GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 300–3, 301–11, 301–50,
301–52, 301–70, 301–71 and 301–73
[FTR Case 2023–03; Docket No. GSA–FTR–
2023–0023, Sequence No. 1]
RIN 3090–AK66
Federal Travel Regulation; Updating
Glossary of Terms and E-Gov Travel
Service Requirements
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
AGENCY:
GSA is proposing to amend
the Federal Travel Regulation (FTR)
Glossary of Terms to add the term
‘‘Online booking tool (OBT)’’ and revise
the definition of ‘‘E-Gov Travel Service
(ETS)’’; remove outdated policies on
implementing ETS; renumber ETS
regulations in a sequential order as
necessary; and make miscellaneous
editorial corrections.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat Division at the address
shown below on or before February 26,
2024 to be considered in the formation
of the final rule.
ADDRESSES: Submit comments in
response to FTR case 2023–03 to
Regulations.gov at https://
www.regulations.gov via the Federal
eRulemaking portal by searching for
‘‘FTR Case 2023–03’’. Select the link
‘‘Comment Now’’ that corresponds with
FTR Case 2023–03. Follow the
instructions provided at the ‘‘Comment
Now’’ screen. Please include your name,
company name (if any), and ‘‘FTR Case
2023–03’’ on your attached document. If
your comment cannot be submitted
using https://www.regulations.gov, call
or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
Instructions: Please submit comments
only and cite FTR Case 2023–03, in all
correspondence related to this case.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two to three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT: Ms.
Cheryl D. McClain-Barnes, Program
Analyst, Office of Government-wide
Policy, at 202–208–4334 or
travelpolicy@gsa.gov for clarification of
SUMMARY:
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content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755 or GSARegSec@gsa.gov.
Please cite FTR Case 2023–03.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with 5 U.S.C. 5707, the
Administrator of General Services is
authorized to prescribe regulations
regarding reimbursement for Federal
employees traveling on official business
away from their official duty stations.
The overall implementing authority is
the FTR, codified in title 41 of the Code
of Federal Regulations, chapters 300
through 304.
In November 2003, GSA’s Federal
Acquisition Service awarded master
contracts for the first iteration of ETS, a
web-based end-to-end travel
management service. GSA published
FTR Amendment 2003–07 (68 FR
71026) in December 2003, to amend the
FTR on the required use of the new
travel service. The original ETS
implementation policies included
timelines with specific dates for
agencies to deploy ETS and migrate to
the new platform. This information
regarding ETS implementation is no
longer needed because all mandatory
users have deployed ETS (either
initially, or upon expiration of an
exception to its use) since it became
available to civilian agencies in the first
quarter of 2004.
Contracts awarded under ETS2, the
second iteration of ETS, are set to expire
in June 2027. As GSA focuses on
procuring and implementing the third
iteration of ETS, known as ‘‘E-Gov
Travel Service, Next Generation’’ or
‘‘ETSNext’’ for short, GSA proposes to
revise FTR Parts 301–11, 301–50, 301–
52, 301–70, 301–71 and 301–73 to
remove the original ETS
implementation policies that are no
longer applicable.
Specifically, GSA proposes to relocate
a definitional term at § 301–50.6,
namely ‘‘online self-service booking
tool,’’ to part 300–3 ‘‘Glossary of
Terms,’’ update the definition, rename
that term ‘‘online booking tool (OBT),’’
and renumber part 301–50 in logical
order. GSA proposes to further update
the ‘‘Glossary of Terms’’ to make an
update and an editorial change to the
definition of ‘‘E-Gov Travel Service
(ETS)’’ by capitalizing the acronym
‘‘ETS’’ in the body of the definition to
be consistent with the definition
heading.
GSA also proposes to remove and
reserve § 301–73.101 and relocate
relevant language from ‘‘Note 1’’ of the
section regarding agency funding
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responsibility for ETS to a note to § 301–
73.2. GSA further proposes to revise the
note to § 301–73.106 to remove
duplicate language and text regarding
travel agent services that align with
present requirements for ETS2, but may
not align with the terms of successor
travel management service contract(s).
Finally, GSA proposes to add a
reference to the ‘‘extenuating
circumstances’’ exception to the use of
ETS and Travel Management Service
(TMS) to existing exceptions at §§ 301–
50.4 and 301–73.102.
II. Executive Orders 12866, 13563, and
14094
Executive Order (E.O.) 12866
(Regulatory Planning and Review)
directs agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. E.O. 14094
(Modernizing Regulatory Review)
supplements and reaffirms the
principles, structures, and definitions
governing contemporary regulatory
review established in E.O. 12866 and
E.O. 13563. The Office of Management
and Budget, Office of Information and
Regulatory Affairs (OIRA) has
determined this rulemaking is not a
significant regulatory action and,
therefore, is not subject to review under
section 6(b) of E.O. 12866.
III. Regulatory Flexibility Act
GSA does not expect this proposed
rule 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. This proposed rule is also
exempt from Administrative Procedure
Act pursuant to 5 U.S.C. 553(a)(2)
because it applies to agency
management or personnel. Therefore, an
Initial Regulatory Flexibility Analysis
has not been performed.
IV. 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
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Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Parts 300–3,
301–11, 301–50, 301–52, 301–70, 301–71
and 301–73
Administrative practice and
procedure, Government contracts,
Government employees, Individuals
with disabilities, Travel and
transportation expenses.
Krystal J. Brumfield,
Associate Administrator, Office of
Government-wide Policy.
Therefore, GSA proposes to amend 41
CFR parts 300–3, 301–11, 301–50, 301–
52, 301–70, 301–71 and 301–73 as set
forth below:
PART 300–3—GLOSSARY OF TERMS
1. The authority citation for 41 CFR
part 300–3 continues 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, Office of Management and
Budget Circular No. A–126, Revised May 22,
1992.
2. Amend § 300–3.1 by:
a. Revising the definition of ‘‘E-Gov
Travel Service (ETS)’’; and
■ b. Adding in alphabetical order the
definition, ’’Online booking tool
(OBT)’’.
The revision and addition read as
follows:
■
■
§ 300–3.1
mean?
What do the following terms
*
*
*
*
*
E-Gov Travel Service (ETS)—The
Government-contracted, end-to-end
travel management service that
automates and consolidates the Federal
travel process in a self-service
environment, covering all aspects of
official travel, including travel planning,
authorization, reservations, ticketing,
expense reimbursement, and travel
management reporting. The ETS
provides the services of a Federal travel
management program as specified in
§ 301–73.1(a), (b), and (e) of this title.
*
*
*
*
*
Online booking tool (OBT)—An
internet-based system that permits
travelers to make reservations for
transportation (e.g., air, rail, and car
rental) and lodging. ETS and agency
Travel Management Service providers
incorporate an OBT.
*
*
*
*
*
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PART 301–11—PER DIEM EXPENSES
3. The authority citation for 41 CFR
part 301–11 continues to read as
follows:
■
Authority: 5 U.S.C. 5707.
4. Amend § 301–11.25 by revising the
Note to § 301–11.25 to read as follows:
■
§ 301–11.25 Must I provide receipts to
substantiate my claimed travel expenses?
*
*
*
*
*
Note 1 to § 301–11.25: Hard copy receipts
should be electronically scanned and
submitted with your electronic travel claim.
PART 301–50—ARRANGING FOR
TRAVEL SERVICES
5. The authority citation for part 301–
50 continues to read as follows:
■
Authority : 5 U.S.C. 5707; 40 U.S.C. 121(c).
6. Revise § 301–50.3 to read as
follows:
■
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§ 301–50.4 May I be granted an exception
to the required use of TMS or ETS?
Yes, your agency head or their
designee may grant an individual case
exception to required use of your
agency’s TMS or to required use of 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 or 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 or
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[Amended]
8. Amend § 301–50.5 by:
■ a. Removing from the section heading
the words ‘‘TMS or the E-Gov Travel
Service’’ and adding in their place
‘‘TMS or ETS’’;
■ b. Removing the citations ‘‘§ 301–50.4
or § 301–73.104’’ and adding ‘‘§§ 301–
50.4, 301–73.102, or 301–73.104’’ in
their place; and
■ c. Removing the words ‘‘E-Gov Travel
Service’’ and adding in their place
‘‘ETS’’.
■
§ 301–50.6
■
§ 301–52.3 Am I required to file a travel
claim (voucher) in a specific format, and
must the claim be signed?
You must use the format prescribed
by ETS to file all your travel claims
unless your agency has been granted, or
has granted you, an exception from
required use of the ETS in accordance
with §§ 301–50.4, 301–73.102, or 301–
73.104 of this chapter. If the prescribed
travel claim is hardcopy, the claim must
be signed in ink. Any alterations or
erasures to your hardcopy travel claim
must be initialed. If your agency has
electronic document processing, use
your electronic signature where
required.
PART 301–70—INTERNAL POLICY
AND PROCEDURE REQUIREMENTS
[Removed]
9. Remove section § 301–50.6.
10. Amend § 301–50.7 by
redesignating § 301–50.7 as § 301–50.6
and revising newly redesignated § 301–
50.6 to read as follows:
■
Yes, if you are an employee of an
agency as defined in § 301–1.1 of this
chapter, you must use the ETS, or your
agency’s TMS (if an exception to ETS
use is granted), to make your travel
arrangements. If you are an employee of
the Department of Defense, the
legislative branch, or the Government of
the District of Columbia, you must
arrange your travel in accordance with
your agency’s TMS. Your agency may
grant, or be granted, an exception to
required use of TMS or ETS under
§§ 301–50.4, 301–73.102, or 301–73.104
of this chapter.
■ 7. Revise § 301–50.4 to read as
follows:
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§ 301–50.5
§ 301–50.7 [Redesignated as § 301–50.6
and Amended]
§ 301–50.3 Must I use the ETS or TMS to
arrange my travel?
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investigative officer traveling under part
301–31 of this chapter).
(d) Such use is prevented due to
extenuating circumstances (see § 301–
50.6).
§ 301–50.6 Am I required to use the OBT
offered by ETS?
Yes, you are required to use the OBT
offered by ETS, or your agency’s TMS (if
an exception to ETS use is granted),
unless extenuating circumstances
prevent such use. Some extenuating
circumstances for which you may not be
able to use an OBT are:
(a) 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;
(b) When your travel is to a remote
location and it is not possible to book
lodging accommodations through the
TMS or ETS; or
(c) When such travel arrangements are
so complex and circumstances will not
allow you to book your travel through
an OBT.
13. The authority citation for 41 CFR
part 301–70 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); OMB Circular No. A–126,
revised May 22, 1992; OMB Circular A–123,
Appendix B, revised August 27, 2019.
14. Amend § 301–70.1 by revising
paragraph (d) to read as follows:
■
§ 301–70.1 How must we administer the
authorization and payment of travel
expenses?
*
*
*
*
*
(d) Must require employees to use the
ETS to process travel authorizations and
claims for travel expenses, unless an
exception has been granted under
§§ 301–50.4, 301–73.102, or 301–73.104
of this chapter.
PART 301–71—AGENCY TRAVEL
ACCOUNTABILITY REQUIREMENTS
15. The authority citation for 41 CFR
part 301–71 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).
16. Amend § 301–71.201 by revising
the second sentence of the introductory
text and paragraph (e) to read as follows:
■
PART 301–52—CLAIMING
REIMBURSEMENT
§ 301–71.201 What are the reviewing
official’s responsibilities?
11. The authority citation for 41 CFR
part 301–52 continues to read as
follows:
* * * The reviewing official must
ensure:
*
*
*
*
*
(e) The required receipts, statements,
justifications, etc., are attached to the
travel claim and the electronic travel
claim includes scanned electronic
images of such documents.
■
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).
12. Revise § 301–52.3 to read as
follows:
■
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of the District of Columbia are not
subject to this requirement.
PART 301–73—TRAVEL PROGRAMS
17. The authority citation for 41 CFR
part 301–73 continues to read as
follows:
■
§ 301–73.101
■
§ 301–73.1 What does the Federal travel
management program include?
§ 301–73.102 May we grant a traveler an
exception from required use of TMS or
ETS?
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).
18. Amend § 301–73.1 by revising
paragraph (e) to read as follows:
*
*
*
*
*
(e) A Travel Management Reporting
System that covers financial and other
travel characteristics required by the
Agency Payments for Employee Travel,
Transportation, and Relocation annual
report (see §§ 300–70.1 through 300–
70.4 of this title).
*
*
*
*
*
■ 19. Revise § 301–73.2 to read as
follows:
§ 301–73.2 What are our responsibilities as
participants in the Federal travel
management program?
As a participant in the Federal travel
management program, you must—
(a) Designate an authorized
representative to administer the
program;
(b) Ensure that you have internal
policies and procedures in place to
govern use of the program;
(c) Require employees in your agency
to use ETS in lieu of TMS (unless an
exception has been granted in
accordance with §§ 301–50.4 of this
chapter, 301–73.102, or 301–73.104);
and
(d) Ensure that any agency-contracted
TMS complements and supports ETS
and data exchange in an efficient and
cost effective manner.
Note 1 to § 301–73.2: Your agency is
responsible for providing the funds and
personnel resources required to support ETS
transition and data exchange, and for
establishing interfaces between the ETS
standard data output and applicable business
systems (e.g., financial, human resources,
etc.).
20. Revise the heading of subpart B of
part 301–73 to read as follows:
■
Subpart B—E-Gov Travel Service and
Travel Management Service
21. Revise § 301–73.100 to read as
follows:
■
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[Removed and Reserved]
22. Remove and Reserve § 301–73.101.
23. Revise § 301–73.102 to read as
follows:
§ 301–73.100 Are agencies and their
employees required to use the ETS?
Yes, unless you have an exception to
the use of the ETS (see §§ 301–50.4 of
this chapter, 301–73.102, and 301–
73.104), agencies and employees must
use the ETS for all temporary duty
travel. The Department of Defense, the
legislative branch, and the Government
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■
■
(a) Yes, your agency head or their
designee may grant an individual case
by case exception to required use of
your agency’s TMS or to required use of
ETS, 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 or 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 or investigative officer
traveling under part 301–31 of this
chapter).
(4) Such use is prevented due to
extenuating circumstances (see § 301–
50.6 of this chapter).
(b) Any exception granted must be
consistent with any contractual terms
applicable to your TMS or ETS, and
must not cause a breach of contract
terms.
■ 24. Revise § 301–73.103 to read as
follows:
§ 301–73.103 What must we do when we
approve an exception to the use of the
ETS?
The head of your agency or their
designee must approve an exception to
the use of the ETS under § 301–50.4 of
this chapter or § 301–73.102 in writing
or through electronic means.
■ 25. Amend § 301–73.104 by:
■ a. Removing from the section heading
the words ‘‘E-Gov Travel Service’’ and
adding in their place ‘‘ETS’’; and
■ b. Revising paragraphs (a)
introductory text, (a)(1), (a)(2), (a)(4), (b),
and (c).
The revisions read as follows:
§ 301–73.104 May further exceptions to the
required use of the ETS be approved?
(a) The Administrator of General
Services or their designee may grant an
agency-wide exception (or exempt a
component thereof) from the required
use of ETS when requested by the head
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89653
of a Department (cabinet-level agency)
or head of an Independent agency
when—
(1) The agency has presented a
business case analysis to the General
Services Administration that proves that
it has an alternative TMS to the ETS that
is in the best interest of the Government
and the taxpayer (i.e., the agency has
evaluated the economic and service
values offered by the ETS contractor(s)
compared to those offered by the
agency’s current or proposed TMS and
has determined that the agency’s current
or proposed TMS is a better value);
(2) The agency has security, secrecy,
or protection of information issues that
cannot be mitigated through security
provided by the ETS contractor(s);
*
*
*
*
*
(4) The agency has critical and unique
technology or business requirements
that cannot be accommodated by the
ETS contractor(s) at all or at an
acceptable and reasonable price (e.g.,
majority of travel is group-travel).
(b) As a condition of receiving an
exception, the agency must agree to
conduct annual business case reviews of
its TMS and must provide to the ETS
Program Management Office (PMO) data
elements required by the ETS PMO in
a format prescribed by the ETS PMO.
(c) Requests for exceptions should be
addressed to the Administrator of
General Services and sent to
travelpolicy@gsa.gov with full
justification and/or analysis addressing
paragraphs (a)(1) through (4) of this
section.
■ 26. Revise § 301–73.105 to read as
follows:
§ 301–73.105 What are the consequences
of an employee not using the ETS or TMS?
If an employee does not use the ETS
(or your agency’s designated TMS where
an exception to ETS applies), the
employee is responsible for any
additional costs (see § 301–50.5 of this
chapter) resulting from the failure to use
the ETS or your TMS. In addition, you
may take appropriate disciplinary
actions.
■ 27. Amend § 301–73.106 by revising
the Note to § 301–73.106 to read as
follows:
§ 301–73.106 What are the basic services
that should be covered by a TMS?
*
*
*
*
*
Note 1 to § 301–73.106: The ETS fulfills the
basic services of a TMS.
[FR Doc. 2023–28551 Filed 12–27–23; 8:45 am]
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E:\FR\FM\28DEP1.SGM
28DEP1
]]>Agencies
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Proposed Rules]
[Pages 89650-89653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28551]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-3, 301-11, 301-50, 301-52, 301-70, 301-71 and 301-
73
[FTR Case 2023-03; Docket No. GSA-FTR-2023-0023, Sequence No. 1]
RIN 3090-AK66
Federal Travel Regulation; Updating Glossary of Terms and E-Gov
Travel Service Requirements
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: GSA is proposing to amend the Federal Travel Regulation (FTR)
Glossary of Terms to add the term ``Online booking tool (OBT)'' and
revise the definition of ``E-Gov Travel Service (ETS)''; remove
outdated policies on implementing ETS; renumber ETS regulations in a
sequential order as necessary; and make miscellaneous editorial
corrections.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at the address shown below on or before
February 26, 2024 to be considered in the formation of the final rule.
ADDRESSES: Submit comments in response to FTR case 2023-03 to
Regulations.gov at https://www.regulations.gov via the Federal
eRulemaking portal by searching for ``FTR Case 2023-03''. Select the
link ``Comment Now'' that corresponds with FTR Case 2023-03. Follow the
instructions provided at the ``Comment Now'' screen. Please include
your name, company name (if any), and ``FTR Case 2023-03'' on your
attached document. If your comment cannot be submitted using https://www.regulations.gov, call or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
Instructions: Please submit comments only and cite FTR Case 2023-
03, in all correspondence related to this case. Comments received
generally will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check
www.regulations.gov, approximately two to three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: Ms. Cheryl D. McClain-Barnes, Program
Analyst, Office of Government-wide Policy, at 202-208-4334 or
[email protected] for clarification of
[[Page 89651]]
content. For information pertaining to status or publication schedules,
contact the Regulatory Secretariat Division at 202-501-4755 or
[email protected]. Please cite FTR Case 2023-03.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with 5 U.S.C. 5707, the Administrator of General
Services is authorized to prescribe regulations regarding reimbursement
for Federal employees traveling on official business away from their
official duty stations. The overall implementing authority is the FTR,
codified in title 41 of the Code of Federal Regulations, chapters 300
through 304.
In November 2003, GSA's Federal Acquisition Service awarded master
contracts for the first iteration of ETS, a web-based end-to-end travel
management service. GSA published FTR Amendment 2003-07 (68 FR 71026)
in December 2003, to amend the FTR on the required use of the new
travel service. The original ETS implementation policies included
timelines with specific dates for agencies to deploy ETS and migrate to
the new platform. This information regarding ETS implementation is no
longer needed because all mandatory users have deployed ETS (either
initially, or upon expiration of an exception to its use) since it
became available to civilian agencies in the first quarter of 2004.
Contracts awarded under ETS2, the second iteration of ETS, are set
to expire in June 2027. As GSA focuses on procuring and implementing
the third iteration of ETS, known as ``E-Gov Travel Service, Next
Generation'' or ``ETSNext'' for short, GSA proposes to revise FTR Parts
301-11, 301-50, 301-52, 301-70, 301-71 and 301-73 to remove the
original ETS implementation policies that are no longer applicable.
Specifically, GSA proposes to relocate a definitional term at Sec.
301-50.6, namely ``online self-service booking tool,'' to part 300-3
``Glossary of Terms,'' update the definition, rename that term ``online
booking tool (OBT),'' and renumber part 301-50 in logical order. GSA
proposes to further update the ``Glossary of Terms'' to make an update
and an editorial change to the definition of ``E-Gov Travel Service
(ETS)'' by capitalizing the acronym ``ETS'' in the body of the
definition to be consistent with the definition heading.
GSA also proposes to remove and reserve Sec. 301-73.101 and
relocate relevant language from ``Note 1'' of the section regarding
agency funding responsibility for ETS to a note to Sec. 301-73.2. GSA
further proposes to revise the note to Sec. 301-73.106 to remove
duplicate language and text regarding travel agent services that align
with present requirements for ETS2, but may not align with the terms of
successor travel management service contract(s). Finally, GSA proposes
to add a reference to the ``extenuating circumstances'' exception to
the use of ETS and Travel Management Service (TMS) to existing
exceptions at Sec. Sec. 301-50.4 and 301-73.102.
II. Executive Orders 12866, 13563, and 14094
Executive Order (E.O.) 12866 (Regulatory Planning and Review)
directs agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). E.O. 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. E.O. 14094 (Modernizing Regulatory Review) supplements and
reaffirms the principles, structures, and definitions governing
contemporary regulatory review established in E.O. 12866 and E.O.
13563. The Office of Management and Budget, Office of Information and
Regulatory Affairs (OIRA) has determined this rulemaking is not a
significant regulatory action and, therefore, is not subject to review
under section 6(b) of E.O. 12866.
III. Regulatory Flexibility Act
GSA does not expect this proposed rule 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. This
proposed rule is also exempt from Administrative Procedure Act pursuant
to 5 U.S.C. 553(a)(2) because it applies to agency management or
personnel. Therefore, an Initial Regulatory Flexibility Analysis has
not been performed.
IV. 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.
List of Subjects in 41 CFR Parts 300-3, 301-11, 301-50, 301-52,
301-70, 301-71 and 301-73
Administrative practice and procedure, Government contracts,
Government employees, Individuals with disabilities, Travel and
transportation expenses.
Krystal J. Brumfield,
Associate Administrator, Office of Government-wide Policy.
Therefore, GSA proposes to amend 41 CFR parts 300-3, 301-11, 301-
50, 301-52, 301-70, 301-71 and 301-73 as set forth below:
PART 300-3--GLOSSARY OF TERMS
0
1. The authority citation for 41 CFR part 300-3 continues 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, Office of
Management and Budget Circular No. A-126, Revised May 22, 1992.
0
2. Amend Sec. 300-3.1 by:
0
a. Revising the definition of ``E-Gov Travel Service (ETS)''; and
0
b. Adding in alphabetical order the definition, ''Online booking tool
(OBT)''.
The revision and addition read as follows:
Sec. 300-3.1 What do the following terms mean?
* * * * *
E-Gov Travel Service (ETS)--The Government-contracted, end-to-end
travel management service that automates and consolidates the Federal
travel process in a self-service environment, covering all aspects of
official travel, including travel planning, authorization,
reservations, ticketing, expense reimbursement, and travel management
reporting. The ETS provides the services of a Federal travel management
program as specified in Sec. 301-73.1(a), (b), and (e) of this title.
* * * * *
Online booking tool (OBT)--An internet-based system that permits
travelers to make reservations for transportation (e.g., air, rail, and
car rental) and lodging. ETS and agency Travel Management Service
providers incorporate an OBT.
* * * * *
[[Page 89652]]
PART 301-11--PER DIEM EXPENSES
0
3. The authority citation for 41 CFR part 301-11 continues to read as
follows:
Authority: 5 U.S.C. 5707.
0
4. Amend Sec. 301-11.25 by revising the Note to Sec. 301-11.25 to
read as follows:
Sec. 301-11.25 Must I provide receipts to substantiate my claimed
travel expenses?
* * * * *
Note 1 to Sec. 301-11.25: Hard copy receipts should be
electronically scanned and submitted with your electronic travel
claim.
PART 301-50--ARRANGING FOR TRAVEL SERVICES
0
5. The authority citation for part 301-50 continues to read as follows:
Authority : 5 U.S.C. 5707; 40 U.S.C. 121(c).
0
6. Revise Sec. 301-50.3 to read as follows:
Sec. 301-50.3 Must I use the ETS or TMS to arrange my travel?
Yes, if you are an employee of an agency as defined in Sec. 301-
1.1 of this chapter, you must use the ETS, or your agency's TMS (if an
exception to ETS use is granted), to make your travel arrangements. If
you are an employee of the Department of Defense, the legislative
branch, or the Government of the District of Columbia, you must arrange
your travel in accordance with your agency's TMS. Your agency may
grant, or be granted, an exception to required use of TMS or ETS under
Sec. Sec. 301-50.4, 301-73.102, or 301-73.104 of this chapter.
0
7. 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?
Yes, your agency head or their designee may grant an individual
case exception to required use of your agency's TMS or to required use
of 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 or 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 or investigative officer traveling under part 301-31 of
this chapter).
(d) Such use is prevented due to extenuating circumstances (see
Sec. 301-50.6).
Sec. 301-50.5 [Amended]
0
8. Amend Sec. 301-50.5 by:
0
a. Removing from the section heading the words ``TMS or the E-Gov
Travel Service'' and adding in their place ``TMS or ETS'';
0
b. Removing the citations ``Sec. 301-50.4 or Sec. 301-73.104'' and
adding ``Sec. Sec. 301-50.4, 301-73.102, or 301-73.104'' in their
place; and
0
c. Removing the words ``E-Gov Travel Service'' and adding in their
place ``ETS''.
Sec. 301-50.6 [Removed]
0
9. Remove section Sec. 301-50.6.
Sec. 301-50.7 [Redesignated as Sec. 301-50.6 and Amended]
0
10. Amend Sec. 301-50.7 by redesignating Sec. 301-50.7 as Sec. 301-
50.6 and revising newly redesignated Sec. 301-50.6 to read as follows:
Sec. 301-50.6 Am I required to use the OBT offered by ETS?
Yes, you are required to use the OBT offered by ETS, or your
agency's TMS (if an exception to ETS use is granted), unless
extenuating circumstances prevent such use. Some extenuating
circumstances for which you may not be able to use an OBT are:
(a) 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;
(b) When your travel is to a remote location and it is not possible
to book lodging accommodations through the TMS or ETS; or
(c) When such travel arrangements are so complex and circumstances
will not allow you to book your travel through an OBT.
PART 301-52--CLAIMING REIMBURSEMENT
0
11. 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
12. Revise Sec. 301-52.3 to read as follows:
Sec. 301-52.3 Am I required to file a travel claim (voucher) in a
specific format, and must the claim be signed?
You must use the format prescribed by ETS to file all your travel
claims unless your agency has been granted, or has granted you, an
exception from required use of the ETS in accordance with Sec. Sec.
301-50.4, 301-73.102, or 301-73.104 of this chapter. If the prescribed
travel claim is hardcopy, the claim must be signed in ink. Any
alterations or erasures to your hardcopy travel claim must be
initialed. If your agency has electronic document processing, use your
electronic signature where required.
PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS
0
13. The authority citation for 41 CFR part 301-70 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); OMB Circular No. A-
126, revised May 22, 1992; OMB Circular A-123, Appendix B, revised
August 27, 2019.
0
14. Amend Sec. 301-70.1 by revising paragraph (d) to read as follows:
Sec. 301-70.1 How must we administer the authorization and payment of
travel expenses?
* * * * *
(d) Must require employees to use the ETS to process travel
authorizations and claims for travel expenses, unless an exception has
been granted under Sec. Sec. 301-50.4, 301-73.102, or 301-73.104 of
this chapter.
PART 301-71--AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS
0
15. The authority citation for 41 CFR part 301-71 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
16. Amend Sec. 301-71.201 by revising the second sentence of the
introductory text and paragraph (e) to read as follows:
Sec. 301-71.201 What are the reviewing official's responsibilities?
* * * The reviewing official must ensure:
* * * * *
(e) The required receipts, statements, justifications, etc., are
attached to the travel claim and the electronic travel claim includes
scanned electronic images of such documents.
[[Page 89653]]
PART 301-73--TRAVEL PROGRAMS
0
17. The authority citation for 41 CFR part 301-73 continues to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).
0
18. Amend Sec. 301-73.1 by revising paragraph (e) to read as follows:
Sec. 301-73.1 What does the Federal travel management program
include?
* * * * *
(e) A Travel Management Reporting System that covers financial and
other travel characteristics required by the Agency Payments for
Employee Travel, Transportation, and Relocation annual report (see
Sec. Sec. 300-70.1 through 300-70.4 of this title).
* * * * *
0
19. Revise Sec. 301-73.2 to read as follows:
Sec. 301-73.2 What are our responsibilities as participants in the
Federal travel management program?
As a participant in the Federal travel management program, you
must--
(a) Designate an authorized representative to administer the
program;
(b) Ensure that you have internal policies and procedures in place
to govern use of the program;
(c) Require employees in your agency to use ETS in lieu of TMS
(unless an exception has been granted in accordance with Sec. Sec.
301-50.4 of this chapter, 301-73.102, or 301-73.104); and
(d) Ensure that any agency-contracted TMS complements and supports
ETS and data exchange in an efficient and cost effective manner.
Note 1 to Sec. 301-73.2: Your agency is responsible for
providing the funds and personnel resources required to support ETS
transition and data exchange, and for establishing interfaces
between the ETS standard data output and applicable business systems
(e.g., financial, human resources, etc.).
0
20. Revise the heading of subpart B of part 301-73 to read as follows:
Subpart B--E-Gov Travel Service and Travel Management Service
0
21. Revise Sec. 301-73.100 to read as follows:
Sec. 301-73.100 Are agencies and their employees required to use the
ETS?
Yes, unless you have an exception to the use of the ETS (see
Sec. Sec. 301-50.4 of this chapter, 301-73.102, and 301-73.104),
agencies and employees must use the ETS for all temporary duty travel.
The Department of Defense, the legislative branch, and the Government
of the District of Columbia are not subject to this requirement.
Sec. 301-73.101 [Removed and Reserved]
0
22. Remove and Reserve Sec. 301-73.101.
0
23. 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?
(a) Yes, your agency head or their designee may grant an individual
case by case exception to required use of your agency's TMS or to
required use of ETS, 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 or 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 or investigative officer traveling
under part 301-31 of this chapter).
(4) Such use is prevented due to extenuating circumstances (see
Sec. 301-50.6 of this chapter).
(b) Any exception granted must be consistent with any contractual
terms applicable to your TMS or ETS, and must not cause a breach of
contract terms.
0
24. Revise Sec. 301-73.103 to read as follows:
Sec. 301-73.103 What must we do when we approve an exception to the
use of the ETS?
The head of your agency or their designee must approve an exception
to the use of the ETS under Sec. 301-50.4 of this chapter or Sec.
301-73.102 in writing or through electronic means.
0
25. Amend Sec. 301-73.104 by:
0
a. Removing from the section heading the words ``E-Gov Travel Service''
and adding in their place ``ETS''; and
0
b. Revising paragraphs (a) introductory text, (a)(1), (a)(2), (a)(4),
(b), and (c).
The revisions read as follows:
Sec. 301-73.104 May further exceptions to the required use of the
ETS be approved?
(a) The Administrator of General Services or their designee may
grant an agency-wide exception (or exempt a component thereof) from the
required use of ETS when requested by the head of a Department
(cabinet-level agency) or head of an Independent agency when--
(1) The agency has presented a business case analysis to the
General Services Administration that proves that it has an alternative
TMS to the ETS that is in the best interest of the Government and the
taxpayer (i.e., the agency has evaluated the economic and service
values offered by the ETS contractor(s) compared to those offered by
the agency's current or proposed TMS and has determined that the
agency's current or proposed TMS is a better value);
(2) The agency has security, secrecy, or protection of information
issues that cannot be mitigated through security provided by the ETS
contractor(s);
* * * * *
(4) The agency has critical and unique technology or business
requirements that cannot be accommodated by the ETS contractor(s) at
all or at an acceptable and reasonable price (e.g., majority of travel
is group-travel).
(b) As a condition of receiving an exception, the agency must agree
to conduct annual business case reviews of its TMS and must provide to
the ETS Program Management Office (PMO) data elements required by the
ETS PMO in a format prescribed by the ETS PMO.
(c) Requests for exceptions should be addressed to the
Administrator of General Services and sent to [email protected] with
full justification and/or analysis addressing paragraphs (a)(1) through
(4) of this section.
0
26. Revise Sec. 301-73.105 to read as follows:
Sec. 301-73.105 What are the consequences of an employee not using
the ETS or TMS?
If an employee does not use the ETS (or your agency's designated
TMS where an exception to ETS applies), the employee is responsible for
any additional costs (see Sec. 301-50.5 of this chapter) resulting
from the failure to use the ETS or your TMS. In addition, you may take
appropriate disciplinary actions.
0
27. Amend Sec. 301-73.106 by revising the Note to Sec. 301-73.106 to
read as follows:
Sec. 301-73.106 What are the basic services that should be covered by
a TMS?
* * * * *
Note 1 to Sec. 301-73.106: The ETS fulfills the basic services
of a TMS.
[FR Doc. 2023-28551 Filed 12-27-23; 8:45 am]
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