[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]


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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

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

ACTION: Proposed rule.

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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outdated policies on implementing ETS; renumber ETS regulations in a 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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