[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Rules and Regulations]
[Pages 32320-32327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11050]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 102-117 and 102-118

[FMR Case 2018-102-5; Docket No. GSA-FMR-2018-0014, Sequence No. 1]
RIN 3090-AJ97


Federal Management Regulation; Technical Amendments

AGENCY: Office of Government-wide Policy (OGP), General Services 
Administration (GSA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: GSA is issuing a direct final rule amending the Federal 
Management Regulation (FMR) to effectuate editorial and technical 
changes including updating authorities, agency contact information, 
website and email addresses, simplifying requirements, and removing 
provisions that are no longer applicable. These changes are needed to 
provide accurate information for agencies to properly manage their 
Transportation Management and Transportation Payment and Audit 
programs.

DATES: Effective August 29, 2022 without further action, unless adverse 
comment is received by June 30, 2022. If adverse comment is received, 
GSA will publish a timely withdrawal of the rule in the Federal 
Register.

ADDRESSES: Submit comments in response to FMR Case 2018-102-5 to the 
Federal eRulemaking portal at https://www.regulations.gov by searching 
for ``FMR Case 2018-102-5''. Select the link ``Comment Now'' that 
corresponds with ``FMR Case 2018-102-5''. Follow the instructions 
provided at the ``Comment Now'' screen. Please include your name, 
company name (if any), and ``FMR Case 2018-102-5'' 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 ``FMR Case 2018-
102-5'' 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 https://www.regulations.gov, approximately two to three days after submission 
to verify posting.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Ron Siegel, Program Analyst, Office of Government-wide Policy, at 
202-702-0840. For information pertaining to status or publication 
schedules, contact the Regulatory Secretariat at 202-501-4755. Please 
cite FMR Case 2018-102-5.

[[Page 32321]]


SUPPLEMENTARY INFORMATION:

A. Background

    Pursuant to 40 United States Code (U.S.C.) 501, the Administrator 
of General Services (Administrator) has the authority to procure and 
supply personal property and nonpersonal services for executive 
agencies including transportation and traffic management services. This 
statute also provides the Administrator with the authority to prescribe 
policies and methods for the procurement of transportation and traffic 
management services. These policies and methods for managing 
transportation and traffic management programs are codified in 41 CFR 
part 102-117 (FMR part 102-117).
    The Travel and Transportation Reform Act of 1998 (Pub. L. 105-264) 
established agency statutory requirements for prepayment audits of 
Federal agency transportation expenses and established GSA's statutory 
authority for audit oversight to protect the financial interests of the 
Government (31 U.S.C. 3726). GSA has codified these requirements in 41 
CFR part 102-118, Transportation Payment and Audit (FMR part 102-118).
    GSA amended FMR part 102-117 in 2015 (80 FR 57102), and again in 
2016 (81 FR 65298) along with FMR part 102-118. Since then, numerous 
technological changes have automated processes; GSA consolidated 
properties which eliminated physical addresses; and statutory changes 
require regulatory modifications such as references to legal citations.
    This rule updates contact information including phone numbers, 
email, website, and mailing addresses. It corrects hyperlinks, form 
numbers, and legal references. It also clarifies conditions for using 
forms and revises outdated and inaccurate administrative procedures. 
Furthermore, this rule will remove references to outdated information, 
eliminate references to both GSA's obsolete eLearning Transportation 
Officer training site and its web-based reporting tool, Federal 
Interagency Transportation System.
    This rule clarifies when the Standard Form 1113, Public Voucher for 
Transportation Charges, is required to be submitted by a transportation 
service provider and when it is optional. The rule also eliminates 
references to the U.S. Government Bill of Lading--Privately Owned 
Personal Property (PPGBL) form number, Optional Form 1203. The form was 
canceled in 2002 (67 FR 35113). The Department of Defense continues to 
use this form but refers to it only by its name, U.S. Government Bill 
of Lading--Privately Owned Personal Property (PPGBL), therefore the FMR 
is being updated to address the form by its name. Furthermore, agencies 
were instructed in 2002 to use the Government Bill of Lading (GBL), SF 
1103, in place of the PPGBL. This rule also removes the references to 
the Memorandum Copies of the GBL (1103A) and PPGBL (1203A) since the 
forms are no longer maintained by GSA and the GBL is available online 
as a fillable form which enables agencies to print multiple copies.
    GSA is removing the unnecessary procedures for agencies to request 
the GBL and the Government Transportation Request (GTR) forms and their 
corresponding control numbers. Both forms are available online in the 
GSA Forms Library. FMR Sec.  102-118.245 instructs agencies to request 
document control numbers for these forms from the GSA Inventory 
Management Branch in Fort Worth, Texas; however that office was closed 
in 2015. The Technical Services and Commodity Branch was assigned the 
duty of providing control numbers for the documents but no longer 
provides these numbers to agencies. Since an agency is required to 
create a unique numbering system to track transportation documents, it 
should already include any GBLs and GTRs it issues in that numbering 
scheme. Removing GSA from this process does not change an agency's 
accountability or responsibility for these documents and does not 
change how or when the forms can be used. Agencies are still required 
to use commercial forms and payment practices except in the limited 
circumstances as specified in these FMR parts.
    Agencies that participate in a GSA rate tender program no longer 
pay an administrative service charge to GSA. Therefore, this rule will 
update FMR Sec.  102-117.35 to remove the reference that it is a 
disadvantage for an agency to use a GSA rate tender program because the 
participating agency is charged an administrative service charge. Any 
fees assessed by GSA are addressed in GSA procurement documents, are 
not necessarily a disincentive for an agency, and are generally not 
regulatory.
    Additionally, in 2008, Public Law 110-246 amended Title 31 of the 
U.S. Code to include the elimination of the statute of limitations 
applicable to collection of debt by administrative offset. This 
amendment removes the obsolete requirement that imposed a 10-year 
limitation on agencies to collect ordinary debts and it updates the 
references in FMR part 102-118 to provide agencies with the proper 
information.
    Finally, this rule corrects the reference to the Department of 
State's website for Civil Air Transport Agreements, clarifies the 
deadlines for Federal agencies to submit documents to the United States 
Maritime Administration (MARAD), and corrects inaccurate information 
for contacting MARAD. The intended effect of this rule is to enhance 
accuracy, decrease workload, and reduce misunderstandings of the 
regulations.

B. Analysis of Costs and Benefits

    The changes presented in this rule are predominantly administrative 
and are expected to create little or no additional cost and 
insignificant savings to Federal and non-Federal entities that are 
required to comply with either or both of these FMR parts. Implementing 
this rule will decrease confusion for agencies, streamline invoicing 
procedures for transportation vendors, and reduce time lost going to 
outdated links or attempting to use inaccurate references.

C. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct 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 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993.

D. Congressional Review Act

    The Office of Information and Regulatory Affairs has determined 
that this rule is not a ``major rule'' as defined by 5 U.S.C. 804(2). 
Additionally, this rule is excepted from the Congressional Review Act 
(CRA) reporting requirements prescribed under 5 U.S.C. 801 since it 
relates to agency management or personnel under 5 U.S.C. 804(3).

E. Regulatory Flexibility Act

    This rule will not 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., because it

[[Page 32322]]

applies to agency management or personnel.
    Therefore, an Initial Regulatory Flexibility Analysis has not been 
performed. GSA invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    GSA will also consider comments from small entities concerning the 
existing regulations in subparts affected by the rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C 610 (FMR Case 2018-102-5), in 
correspondence.

F. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FMR 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

41 CFR Part 102-117

    Freight, Government property management, Moving of household goods, 
Reporting and recordkeeping requirements, Transportation.

41 CFR Part 102-118

    Accounting, Claims, Government property management, Reporting and 
recordkeeping requirements, Transportation.

Robin Carnahan,
Administrator.

    For reasons set forth in the preamble, GSA is amending 41 CFR parts 
102-117 and 102-118 as set forth below:

PART 102-117--TRANSPORTATION MANAGEMENT

0
1. The authority citation for part 102-117 continues to read as 
follows:

    Authority: 31 U.S.C. 3726; 40 U.S.C. 121(c); 40 U.S.C. 501, et 
seq.; 46 U.S.C. 55305; 49 U.S.C. 40118.


Sec.  102-117.20  [Amended]

0
2. Amend Sec.  102-117.20(a) by removing ``(40 U.S.C. 481 et seq.)'' 
and adding ``(40 U.S.C. 501 et seq.)'' in its place.

0
3. Amend Sec.  102-117.25 by removing the definition ``Governmentwide 
Transportation Policy Council (GTPC)'' and adding the definition of 
``Government-wide Transportation Policy Council (GTPC)'' in its place 
to read as follows:


Sec.  102-117.25  What definitions apply to this part?

* * * * *
    Government-wide Transportation Policy Council (GTPC) is an 
interagency forum to help GSA formulate policy. It provides agencies 
managing transportation programs a forum to exchange information and 
ideas to solve common problems. For further information on this 
council, see website: https://gsa.gov/transportationpolicy.
* * * * *


Sec.  102-117.35  [Amended]

0
4. Amend Sec.  102-117.35 by:
0
a. Adding ``and'' to the end of paragraph (b)(2);
0
b. Removing paragraph (b)(3); and
0
c. Redesignating paragraph (b)(4) as paragraph (b)(3).

0
5. Amend Sec.  102-117.65 by revising paragraph (f) to read as follows:


Sec.  102-117.65  What terms and conditions must all rate tenders or 
contracts include?

* * * * *
    (f) Other terms and conditions that may be specific to your agency 
or the TSP such as specialized packaging requirements or HAZMAT. For 
further information see the ``U.S. Government Freight Transportation 
Handbook,'' available at https://gsa.gov/transaudits.

0
6. Amend Sec.  102-117.80 by revising paragraph (b) to read as follows:


Sec.  102-117.80  How are rate tenders filed?

* * * * *
    (b) You must send two copies of the rate tender to: General 
Services Administration, Office of Travel, Employee Relocation and 
Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 
3rd Floor, Mail Hub 3400, Washington, DC 20405, or email:
    (1) [email protected] subject line SDDC OTO Tenders (DoD only); or
    (2) [email protected] subject line GSA Rate Quotes, Tenders/Rate 
Quotes/Tariffs (all agencies except DoD).


Sec.  102-117.85  [Amended]

0
7. Amend Sec.  102-117.85(a) by removing ``Optional Forms 1103 or 1203, 
is a controlled document'' and adding ``Standard Form 1103, is a 
document'' in its place.

0
8. Amend Sec.  102-117.135 by:
0
a. Removing from paragraph (a)(1)(i) ``http://www.state.gov/e/eb/tra/ata/index.htm'' and adding ``https://www.state.gov/civil-air-transport-agreements'' in its place; and
0
b. Revising paragraph (b).
    The revision reads as follows:


Sec.  102-117.135  What are the international transportation 
restrictions?

* * * * *
    (b) Ocean cargo. International movement of property by water is 
subject to the Cargo Preference Act of 1954, as amended, 46 U.S.C. 
55305, and the implementing regulations found at 46 CFR part 381, which 
require the use of a U.S. flag carrier for at least 50% of the tonnage 
shipped by each department or agency when service is available (see 46 
CFR 381.7). The Maritime Administration (MARAD) monitors agency 
compliance with these laws. All departments or agencies shipping 
Government-impelled cargo must comply with the reporting provisions of 
46 CFR 381.3. For further information contact MARAD, Tel: 202-366-4610, 
Email: [email protected]. For further information on international 
ocean shipping, go to: https://www.maritime.dot.gov/ports/cargo-preference/cargo-preference.

0
9. Revise Sec.  102-117.140 to read as follows:


Sec.  102-117.140  What is cargo preference?

    Cargo preference is the statutory requirement that all, or a 
portion of all, U.S. Government owned, procured, furnished, or financed 
ocean-borne cargo that moves internationally be transported on U.S. 
flag vessels.


Sec.  102-117.145  [Amended]

0
10. Amend Sec.  102-117.145 by removing ``46 App. U.S.C. 883'' from the 
second sentence and adding ``46 U.S.C. Chapter 551'' in its place.

0
11. Amend Sec.  102-117.150 by revising paragraph (c) to read as 
follows:


Sec.  102-117.150  What do I need to know about coastwise laws?

* * * * *
    (c) The Commissioner of United States Customs and Border 
Protection, by delegation of the Secretary of the Department of 
Homeland Security, and the Secretary of the Treasury are authorized to 
impose monetary penalties against agencies that violate the coastwise 
laws.


Sec.  102-117.155  [Amended]

0
12. Amend Sec.  102-117.155 by removing ``46 App. U.S.C. 883'', ``800-
987-3524'', and ``U.S. Customs Service'' and adding ``46 U.S.C. Chapter 
551'', ``202-336-4610'', and ``U.S. Customs and Border Protection'' in 
their places, respectively.

0
13. Revise Sec.  102-117.170 to read as follows:

[[Page 32323]]

Sec.  102-117.170  What reference materials are available to ship 
freight?

    (a) Information and guidance on shipping Government-owned freight 
is available at https://gsa.gov/transportationpolicy.
    (b) Information on transportation programs is available at https://gsa.gov/transportation.
    (c) Transportation handbooks are available at https://gsa.gov/transaudits.
    (d) Resources related to the transportation of freight are 
available on the Acquisition Gateway (https://hallways.cap.gsa.gov/). 
See the Transportation and Logistics Services Hallway for information 
specific to shipping freight.

0
14. Revise Sec.  102-117.185 to read as follows:


Sec.  102-117.185  Where must I send a copy of the transportation 
documents?

    (a) You must forward an original copy of all transportation 
documents to: General Services Administration, Office of Travel, 
Employee Relocation and Transportation, Attn: Transportation Audits 
Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 
20405, or email:
    (1) [email protected]--subject line SDDC OTO Tenders (DOD only).
    (2) [email protected]--subject line GSA Rate Quotes, Tenders/Rate 
Quotes/Tariffs (all agencies except DOD).
    (b) For all property shipments subject to cargo preference laws 
(see Sec.  102-117.140), a copy of the ocean carrier's bill of lading, 
showing all freight charges, must be sent to MARAD within 20 working 
days of the date of loading for shipments originating in the United 
States, the District of Columbia, its territories or possessions and 
within 30 working days for shipments originating outside the United 
States, the District of Columbia, its territories or possessions.


Sec.  102-117.220  [Amended]

0
15. Amend Sec.  102-117.220 by:
0
a. Removing from paragraph (a)(3) ``(see Sec.  102-117.35)'' and adding 
``(see Sec.  102-117.30)'' in its place; and
0
b. Removing the Note to Sec.  102-117-220.

0
16. Revise Sec.  102-117.235 to read as follows:


Sec.  102-117.235  How do I get a cost comparison?

    (a) You may calculate a cost comparison internally according to 41 
CFR part 302-7.
    (b) You may request GSA to perform the cost comparison if you 
participate in the CHAMP program by sending GSA the following 
information as far in advance as possible:
    (1) Name of employee;
    (2) Origin city, county, and State;
    (3) Destination city, county, and State;
    (4) Date of household goods pick up;
    (5) Estimated weight of shipments;
    (6) Number of days storage-in-transit (if applicable); and
    (7) Other relevant data.
    (c) For more information on cost comparisons contact the Employee 
Relocation Resource Center at [email protected].


Sec.  102-117.240  [Amended]

0
17. Amend Sec.  102-117.240 by:
0
a. Designating the Note to Sec.  102-117.240 as Note 1 to Sec.  102-
117.240; and
0
b. In newly designated Note 1 to Sec.  102-117.240, removing 
``Transportation and Temporary Storage of Household Goods and 
Professional Books, Papers, and Equipment (PBP&E)'' and adding 
``Transportation and Temporary Storage of Household Goods, Professional 
Books, Papers, and Equipment, (PBP&E) and Baggage Allowance'' in its 
place.

0
18. Amend Sec.  102-117.250 by revising paragraph (b) to read as 
follows:


Sec.  102-117.250  What are my responsibilities after shipping the 
household goods?

* * * * *
    (b) Under the CHAMP program, you must counsel employees to fill out 
their portion of the GSA Form 3080, Household Goods Carrier Evaluation 
Report. This form reports the quality of the TSP's performance. TSPs 
generate the GSA Form 3080 within GSA's Transportation Management 
Services Solution (TMSS) system and send the employee a link to 
complete the form.


Sec.  102-117.260  [Amended]

0
19. Amend Sec.  102-117.260(c) by removing ``(41 CFR 302-8.2(f))'' and 
adding ``(41 CFR 302-7.12)'' in its place.


Sec.  102-117.270  [Amended]

0
20. Amend Sec.  102-117.270(a) by removing from the third sentence 
``Government Performance and Results Act (GPRA) of 1993'' and adding 
``GPRA Modernization Act of 2010'' in its place.


Sec.  102-117.300  [Amended]

0
21. Amend Sec.  102-117.300(b) by removing ``on the Excluded Parties 
Lists System (EPLS) maintained by GSA at http://www.epls.gov'' and 
adding ``on the System for Award Management (SAM) maintained by GSA at 
https://sam.gov/'' in its place.


Sec.  102-117.315  [Amended]

0
22. Amend Sec.  102-117.315 by removing ``to the Excluded Parties List 
System: http://www.epls.gov''.


Sec.  102-117.325  [Amended]

0
23. Amend Sec.  102-117.325 by removing ``(40 U.S.C. 481(a)(4))'' and 
adding ``(40 U.S.C. 501(c)(1)(B))'' in its place.

0
24. Revise Sec.  102-117.335 to read as follows:


Sec.  102-117.335  How does my agency ask for a delegation of authority 
to represent itself in a regulatory body proceeding?

    You must email your request with enough detail to explain the 
circumstances surrounding the need for a delegation of authority for 
representation to [email protected].


Sec.  102-117.340  [Amended]

0
25. Amend Sec.  102-117.340(b) by revising the last sentence to read as 
follows:


Sec.  102-117.340  What other types of assistance may GSA provide 
agencies in dealing with regulatory bodies?

* * * * *
    (b) * * * For further information email 
[email protected] or contact: General Services 
Administration, Federal Acquisition Service, Office of Travel, Employee 
Relocation and Transportation, 1800 F Street NW, Washington, DC 20405.


Sec.  102-117.345  [Removed and Reserved]

0
26. Remove and reserve Sec.  102-117.345.

0
27. Revise Sec.  102-117.350 to read as follows:


Sec.  102-117.350  Do I have to report transportation data?

    No, however all agencies are strongly encouraged to report data by 
October 31 for the preceding fiscal year to GSA at [email protected].


Sec.  102-117.360  [Removed and Reserved]

0
28. Remove and reserve Sec.  102-117.360.

0
29. Revise the heading of subpart L to read as follows:

Subpart L--Government-wide Transportation Policy

0
30. Amend Sec.  102-117.361 by revising the section heading, 
introductory text, and paragraph (b) to read as follows:


Sec.  102-117.361  What is the Government-wide Transportation Policy 
Council (GTPC)?

    The Office of Government-wide Policy sponsors a Government-wide 
Transportation Policy Council (GTPC) to help agencies establish, 
improve, and maintain effective transportation

[[Page 32324]]

management policies, practices and procedures. The council:
* * * * *
    (b) Provides assistance to your agency with reporting your 
transportation activity to GSA.

0
31. Revise Sec.  102-117.362 to read as follows:


Sec.  102-117.362  Where can I get more information about the GTPC?

    For more information about the GTPC, email [email protected] or visit https://www.gsa.gov/transportationpolicy.

0
32. Revise Sec.  102-117.385 to read as follows:


Sec.  102-117.385  Is there a standard format for a Transportation 
Officer warrant?

    No. Agencies may model the Transportation Officer warrant after the 
Contracting Officer warrant, or they may establish their own format.

0
33. Revise Sec.  102-117.390 to read as follows:


Sec.  102-117.390  What are the recommended Transportation Officer 
training and/or experience levels?

    The following are recommended agency transportation officer 
training and/or experience baselines:
    (a) For a Basic (Level 1) Transportation Officer Warrant:
    (1) Twenty-four (24) hours of training in Federal transportation; 
or
    (2) Two (2) years of Federal, public, and/or commercial experience 
in acquiring transportation through rate tenders.
    (b) For an Experienced (Level 2) Transportation Officer Warrant:
    (1) Thirty-two (32) hours of training in transportation, including 
twenty (20) hours of training in Federal transportation; or
    (2) Three (3) years of Federal, public, and/or commercial 
experience in acquiring transportation through rate tenders.
    (c) For a Senior (Level 3) Transportation Officer Warrant:
    (1) Sixty (60) hours of training in transportation, including forty 
(40) hours of training in Federal transportation; or
    (2) Five (5) years of Federal, public, and/or commercial experience 
in acquiring transportation through rate tenders.

PART 102-118--TRANSPORTATION PAYMENT AND AUDIT

0
34. The authority citation for part 102-118 continues to read as 
follows:

    Authority: 31 U.S.C. 3726; 40 U.S.C. 121(c); 40 U.S.C. 501, et 
seq.; 46 U.S.C. 55305; 49 U.S.C. 40118.


Sec.  102-118.35  [Amended]

0
35. Amend Sec.  102-118.35 by:
0
a. In the definition of ``Government Transportation Request (GTR) 
(Optional Form 1169)'', removing ``charge card is not'' and adding 
``charge card is not accepted by the TSP'' in its place; and
0
b. In the definition of ``Privately Owned Personal Property Government 
Bill of Lading'', removing ``, Optional Form 1203,''.

0
36. Amend Sec.  102-118.40(b) by revising the last sentence to read as 
follows:


Sec.  102-118.40  How does my agency order transportation and 
transportation services?

* * * * *
    (b) * * * See the ``U.S. Government Passenger Transportation 
Handbook,'' available at https://www.gsa.gov/transaudits.


Sec.  102-118.65  [Amended]

0
37. Amend Sec.  102-118.65 by removing ``GSA Audit Division'' and 
adding ``GSA Transportation Audits Division'' in its place.

0
38. Amend Sec.  102-118.80 by revising the second and third sentences 
to read as follows:


Sec.  102-118.80  Who is responsible for keeping my agency's electronic 
commerce transportation billing records?

    * * * In addition, the GSA Transportation Audits Division keeps a 
central repository of electronic transportation billing records for 
legal and auditing purposes. Therefore, your agency must forward all 
relevant electronic transportation billing documents to 
[email protected] or: General Services Administration, Office of 
Travel, Employee Relocation and Transportation, Attn: Transportation 
Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, 
Washington, DC 20405.

0
39. Amend Sec.  102-118.90 by revising the third and fourth sentences 
to read as follows:


Sec.  102-118.90  If my agency orders transportation and/or 
transportation services with a Government contractor issued charge card 
or charge account citation, is this subject to prepayment audit?

    * * * As with all prepayment audit programs, the charge card 
prepayment audit must be approved by the GSA Transportation Audits 
Division prior to implementation. If the charge card contract does not 
provide for a prepayment audit, your agency must submit the 
transportation line items on the charge card to the GSA Transportation 
Audits Division for a postpayment audit.


Sec.  102-118.92  [Amended]

0
40. Amend Sec.  102-118.92 by:
0
a. Removing from the fourth sentence ``GSA Audit Division'' and adding 
``GSA Transportation Audits Division'' in its place; and
0
b. Removing the last sentence.

0
41. Amend Sec.  102-118.95 by:
0
a. Revising paragraphs (b) and (d); and
0
b. Removing the Note to Sec.  102-118.95.
    The revisions read as follows:


Sec.  102-118.95  What forms can my agency use to pay transportation 
bills?

* * * * *
    (b) Standard Form (SF) 1103, Government Bill of Lading (used for 
movement of things, both privately owned and Government property for 
official uses);
* * * * *
    (d) Privately Owned Personal Property Government Bill of Lading 
(used by the Department of Defense to move private property for 
official transfers).

0
42. Revise Sec.  102-118.100 to read as follows:


Sec.  102-118.100  What must my agency ensure is on each SF 1113?

    Your agency must ensure during its prepayment audit of a TSP bill 
that, when required, the TSP filled out the Public Voucher for 
Transportation Charges, SF 1113, completely including the taxpayer 
identification number (TIN) and standard carrier alpha code (SCAC).

0
43. Amend Sec.  102-118.105 by revising the last sentence to read as 
follows:


Sec.  102-118.105  Where can I find the rules governing the use of a 
Government Bill of Lading?

    * * * This handbook is available at https://www.gsa.gov/transaudits.

0
44. Amend Sec.  102-118.110 by revising the last sentence to read as 
follows:


Sec.  102-118.110  Where can I find the rules governing the use of a 
Government Transportation Request?

    * * * This handbook is available at https://www.gsa.gov/transaudits.


Sec.  102-118.115  [Amended]

0
45. Amend Sec.  102-118.115 by removing ``Optional Forms 1103 and 
1203'' from the second sentence and adding ``GBL'' in its place.

0
46. Amend Sec.  102-118.140 by adding a sentence to the end of 
paragraph (a) and revising the last sentence in paragraph (d) to read 
as follows:


Sec.  102-118.140  What are the major mandatory terms and conditions 
governing the use of GBLs and bills of lading?

* * * * *

[[Page 32325]]

    (a) * * *. An agency may choose not to require that an SF 1113 be 
attached to the bill of lading and invoice if the TSP submits invoices 
using the agency's approved third-party payment system (TPPS);
* * * * *
    (d) * * * Only with the written concurrence of the Government 
official responsible for making the shipment is the deletion of this 
item considered to be valid;
* * * * *

0
47. Revise Sec.  102-118.170 to read as follows:


Sec.  102-118.170  Will GSA continue to maintain a centralized 
numbering system for Government transportation documents?

    No. For GTRs, GBLs, and commercial TDs, each agency must create a 
unique numbering system to account for and prevent duplicate numbers.

0
48. Amend Sec.  102-118.195 by revising the first sentence to read as 
follows:


Sec.  102-118.195  What documents must a transportation service 
provider (TSP) send to receive payment for a transportation billing?

    For shipments bought on a TD, the TSP must submit an original 
properly certified GBL, PPGBL, or bill of lading and, when appropriate, 
an SF 1113, Public Voucher for Transportation Charges. * * *


Sec.  102-118.230  [Amended]

0
49. Amend Sec.  102-118.230 by removing ``GSA Audit Division'' and 
adding ``GSA Transportation Audits Division'' in its place.

0
50. Revise Sec.  102-118.240 to read as follows:


Sec.  102-118.240  How does my agency get GBL and GTR forms?

    The GBL (SF 1103) and GTR (OF 1169) are available in the GSA Forms 
Library at https://www.gsa.gov/forms.

0
51. Revise Sec.  102-118.245 to read as follows:


Sec.  102-118.245  How does my agency get an assigned set of GBL or GTR 
numbers?

    GSA no longer assigns numbers to GBLs or GTRs. Pursuant to Sec.  
102-118.55(g) you must establish administrative procedures including 
creating a unique numbering system to prevent and detect duplicate 
payments. These procedures should include agency assigned unique 
numbers for GBLs and GTRs.

0
52. Amend Sec.  102-118.260 by:
0
a. Revising paragraph (a); and
0
b. Removing paragraphs (d) and (e).
    The revision reads as follows:


Sec.  102-118.260  Must my agency send all quotations, tenders, or 
contracts with a TSP to GSA?

    (a) Yes, your agency must send copies of each quotation, tender, or 
contract of special rates, fares, charges, or concessions with TSPs 
including those authorized by 49 U.S.C. 10721 and 13712, upon execution 
to_[email protected] or General Services Administration, Office of 
Travel, Employee Relocation and Transportation, Attn: Transportation 
Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, 
Washington, DC 20405.
* * * * *

0
53. Amend Sec.  102-118.275 by revising paragraphs (c)(3) and (4) to 
read as follows:


Sec.  102-118.275  What must my agency consider when developing a 
transportation prepayment audit program?

* * * * *
    (c) * * *
    (3) Use the services of a prepayment audit contractor under GSA's 
multiple award schedule covering audit services, including 
transportation prepayment audit services (541211 Auditing Services); or
    (4) Use a third-party payment system (TPPS) or charge card company 
that includes prepayment audit functions.
* * * * *

0
54. Amend Sec.  102-118.280 by revising paragraph (a)(1) to read as 
follows:


Sec.  102-118.280  Must all transportation payment records, whether 
they are electronic or paper, undergo a prepayment audit?

* * * * *
    (a) * * *
    (1) Within the specified limits established by the Comptroller 
General (31 U.S.C. 3521(b)); and
* * * * *


Sec.  102-118.285  [Amended]

0
55. Amend Sec.  102-118.285 by:
0
a. Removing from paragraph (e)(2) ``General Records Schedule 9, Travel 
and Transportation (36 CFR 1228.22)'' and adding ``General Records 
Schedule 1.1 et seq. (36 CFR chapter XII, part 1220)'' in its place; 
and
0
b. Removing from paragraph (i) ``3726(b)'' and adding ``3726(d)'' in 
its place.

0
56. Amend Sec.  102-118.415 by revising the last sentence to read as 
follows:


Sec.  102-118.415  Can the Administrator of General Services exempt the 
transportation postpayment audit requirement?

    * * * The Administrator can also exempt a particular mode or modes 
of transportation (31 U.S.C. 3726).

0
57. Amend Sec.  102-118.470 by revising the section heading and 
introductory text to read as follows:


Sec.  102-118.470  Are there statutory time limits for a TSP on filing 
an administrative claim with the GSA Transportation Audits Division?

    Yes, an administrative claim must be received by the GSA 
Transportation Audits Division or its designee (the agency where the 
claim arose) within 3 years beginning the day after the latest of the 
following dates (except in time of war):
* * * * *

0
58. Revise Sec.  102-118.490 to read as follows:


Sec.  102-118.490  What if my agency fails to settle a dispute within 
30 days?

    (a) If your agency fails to settle a dispute within 30 days, the 
TSP may appeal to: General Services Administration, Office of Travel, 
Employee Relocation and Transportation, Attn: Transportation Audits 
Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 
20405; or electronically at: https://tams.gsa.gov.
    (b) If the TSP disagrees with the administrative settlement by the 
GSA Transportation Audits Division, the TSP may appeal to the Civilian 
Board of Contract Appeals.

0
59. Revise Sec.  102-118.500 to read as follows:


Sec.  102-118.500  How does my agency handle a voluntary refund 
submitted by a TSP?

    (a) An agency must report all voluntary refunds to the GSA 
Transportation Audits Division (so that no Notice of Overcharge or 
financial offset occurs), unless other arrangements are made (e.g., 
charge card refunds, etc.). These reports must be addressed to: General 
Services Administration, Office of Travel, Employee Relocation and 
Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 
3rd Floor, Mail Hub 3400, Washington, DC 20405; or via email to: 
[email protected].
    (b) Once a Notice of Overcharge is issued by the GSA Transportation 
Audits Division, then any refund is no longer considered voluntary and 
the agency must forward the refund to the GSA Transportation Audits 
Division.


Sec.  102-118.505  [Amended]

0
60. Amend Sec.  102-118.505 by removing ``GSA Audit Division'' and 
adding ``GSA Transportation Audits Division'' in its place.

[[Page 32326]]

Sec.  102-118.510  [Amended]

0
61. Amend Sec.  102-118.510 by removing from the last sentence ``GSA 
Audit Division'' and adding ``GSA Transportation Audits Division'' in 
its place.


Sec.  102-118.520  [Amended]

0
62. Amend Sec.  102-118.520 by removing ``Comptroller General'' and 
adding ``Secretary of the Treasury'' in its place.

0
63. Amend Sec.  102-118.530 by revising the second sentence and adding 
a third sentence to read as follows:


Sec.  102-118.530  Will GSA instruct my agency's disbursing offices to 
offset unpaid TSP billings?

    * * * A 3-year limitation applies on the deduction of overcharges 
from amounts due a TSP (31 U.S.C. 3726). For ordinary debt there is no 
limitation on the period within which an offset may be initiated or 
taken (31 U.S.C. 3716).

0
64. Revise Sec.  102-118.535 to read as follows:


Sec.  102-118.535  Are there principles governing my agency's TSP debt 
collection procedures?

    Yes, the principles governing your agency collection procedures for 
reporting debts to the Government Accountability Office (GAO) or the 
Department of Justice are found in 31 CFR chapter IX and in the GAO 
Policy and Procedures Manual for Guidance of Federal Agencies (https://www.gao.gov/products/149099).


Sec.  102-118.540  [Amended]

0
65. Amend Sec.  102-118.540 by removing from the first sentence ``GSA 
Audit Division'' and adding ``GSA Transportation Audits Division'' in 
its place.

0
66. Revise Sec.  102-118.550 to read as follows:


Sec.  102-118.550  How does a TSP file an administrative claim using 
EDI or other electronic means?

    A TSP should file a claim using GSA Transportation Audits 
Management System (TAMS) https://tams.gsa.gov.

0
67. Revise Sec.  102-118.560 to read as follows:


Sec.  102-118.560  What is the required format that a TSP must use to 
file an administrative claim?

    There is no required format for filing claims. TSPs should file a 
claim through TAMS or by sending the required information and 
documentation (see Sec. Sec.  102-118.545 and 102-118.565) to GSA 
Transportation Audits [email protected] or mail to: 
General Services Administration, Office of Travel, Employee Relocation 
and Transportation, Attn: Transportation Audits Division, 1800 F Street 
NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405.

0
68. Revise Sec.  102-118.575 to read as follows:


Sec.  102-118.575  If a TSP disagrees with the decision of my agency, 
can the TSP appeal?

    Yes, the TSP may file a claim with the GSA Transportation Audits 
Division, which will review the TSP's appeal of your agency's final 
full or partial denial of a claim. The TSP may also appeal to the GSA 
Transportation Audits Division if your agency has not responded to a 
challenge within 30 days.

0
69. Amend Sec.  102-118.580 by:
0
a. Revising the section heading;
0
b. Removing ``The TSP must address requests:'' and adding a sentence in 
its place in the introductory text; and
0
c. Removing paragraphs (a), (b), (c), and (d).
    The revision and addition read as follows:


Sec.  102-118.580  May a TSP appeal a prepayment audit decision of the 
GSA Transportation Audits Division?

    * * * Filing instructions including where and how to file are 
available at cbca.gov/howto/rules/transportation.html#transportation.


Sec.  102-118.590  [Amended]

0
70. Amend Sec.  102-118.590 by removing ``GSA Audit Division'' 
everywhere it appears and adding ``GSA Transportation Audits Division'' 
in its place.

0
71. Revise Sec.  102-118.600 to read as follows:


Sec.  102-118.600  When a TSP disagrees with a Notice of Overcharge 
resulting from a postpayment audit, what are the appeal procedures?

    A TSP who disagrees with the Notice of Overcharge may submit a 
written request for reconsideration to the GSA Transportation Audits 
Division at: General Services Administration, Office of Travel, 
Employee Relocation and Transportation, Attn: Transportation Audits 
Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 
20405; or via email to [email protected].


Sec.  102-118.605  [Amended]

0
72. Amend Sec.  102-118.605 by removing from paragraph (b) ``GSA Audit 
Division'' and adding ``GSA Transportation Audits Division'' in its 
place.


Sec.  102-118.610  [Amended]

0
73. Amend Sec.  102-118.610 by removing from the first sentence ``GSA 
Audit Division'' and adding ``GSA Transportation Audits Division'' in 
its place.


Sec.  102-118.615  [Amended]

0
74. Amend Sec.  102-118.615 by removing ``GSA Audit Division'' and 
adding ``GSA Transportation Audits Division'' in its place.


Sec.  102-118.620  [Amended]

0
75. Amend Sec.  102-118.620 by removing ``GSA Audit Division'' 
everywhere it appears and adding ``GSA Transportation Audits Division'' 
in its place.

0
76. Revise Sec.  102-118.630 to read as follows:


Sec.  102-118.630  How must a TSP refund amounts due to GSA?

    (a) TSPs must promptly refund amounts due to GSA, preferably by 
EFT. If an EFT is not used, checks must be made payable to ``General 
Services Administration'', including the document reference number, TSP 
name, bill number(s), taxpayer identification number and standard 
carrier alpha code, then mailed to: General Services Administration, 
Government Lock Box 9006, 1005 Convention Plaza, St. Louis, MO 63101.
    (b) If an EFT address is needed, please contact the GSA 
Transportation Audits Division at: General Services Administration, 
Office of Travel, Employee Relocation and Transportation, Attn: 
Transportation Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 
3400, Washington, DC 20405; or via email to [email protected].

    Note 1 to Sec.  102-118.630: Amounts collected by GSA are 
returned to the Treasurer of the United States (31 U.S.C. 3726).

Sec.  102-118.635  [Amended]

0
77. Amend Sec.  102-118.635 by removing ``(4 CFR parts 101 through 
105)'' and adding ``(31 CFR chapter IX)'' in its place.


Sec.  102-118.640  [Amended]

0
78. Amend Sec.  102-118.640 by:
0
a. Removing from paragraphs (a) and (d) ``4 CFR parts 101 through 105'' 
and adding ``31 CFR chapter IX'' in its place; and
0
b. Removing from the last sentence in paragraph (b) ``and a 10-year 
limitation applies on the deduction of ordinary debt (31 U.S.C. 
3716)''.

[[Page 32327]]


0
79. Revise Sec.  102-118.645 to read as follows:


Sec.  102-118.645  Can a TSP file an administrative claim on collection 
actions?

    Yes, a TSP may file an administrative claim involving collection 
actions resulting from the transportation audit performed by the GSA 
directly with the GSA Transportation Audits Division. Any claims 
submitted to GSA will be considered ``disputed claims'' under section 
4(b) of the Prompt Payment Act (31 U.S.C. 3901, et seq.). The TSP must 
file all other transportation claims with the agency out of whose 
activities they arose. If this is not feasible (e.g., where the 
responsible agency cannot be determined or is no longer in existence) 
claims may be sent to the GSA Transportation Audits Division for 
forwarding to the responsible agency or for direct settlement by the 
GSA Transportation Audits Division. Submit claims using Transportation 
Audits Management System (TAMS) at https://tams.gsa.gov or via mail: 
General Services Administration, Office of Travel, Employee Relocation 
and Transportation, Attn: Transportation Audits Division, 1800 F Street 
NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405.

0
80. Amend Sec.  102-118.655 by--
0
a. Removing ``Address requests:'' and adding a sentence in its place in 
the introductory text; and
0
b. Removing paragraphs (a), (b), (c), and (d).
    The addition reads as follows:


Sec.  102-118.655  Are there time limits on a TSP request for an 
administrative review by the Civilian Board of Contract Appeals (CBCA)?

    * * * Details regarding where and how to file are available at 
cbca.gov/howto/rules/transportation.html#transportation.


Sec.  102-118.670  [Amended]

0
81. Amend Sec.  102-118.670 by removing ``GSA Audit Division'' and 
adding ``GSA Transportation Audits Division'' in its place.

[FR Doc. 2022-11050 Filed 5-27-22; 8:45 am]
BILLING CODE 6820-14-P