[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Rules and Regulations]
[Pages 49373-49376]
From the Federal Register Online via the Government Publishing 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.

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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 http://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 http://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