[Federal Register Volume 69, Number 185 (Friday, September 24, 2004)]
[Rules and Regulations]
[Pages 57618-57620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21419]



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Part V





General Services Administration





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41 CFR Parts 102-117 and 102-118



Federal Management Regulation; Transportation and Management, 
Transportation Payment and Audit; Final Rule

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / 
Rules and Regulations

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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 102-117 and 102-118

[FMR Amendment 2004-02; FMR Case 2004-102-4]
RIN 3090-AH95


Federal Management Regulation; Transportation and Management, 
Transportation Payment and Audit

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: The General Services Administration is amending the Federal 
Management Regulation (FMR) by adding previously omitted text to 
address procedures relating to the cash payment of transportation 
services and unused tickets, and to correct errors. This final rule 
also clarifies what documentation must be submitted for payment of 
transportation services and updates a web address.

DATES: Effective Date: September 24, 2004.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035, 
GS Building, Washington, DC, 20405, (202) 208-7312, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Elizabeth Allison, Office of Governmentwide 
Policy, Transportation Management Division at (202) 219-1729 or e-mail 
at <a href="/cdn-cgi/l/email-protection#ceaba2a7b4afacabbaa6e0afa2a2a7bda1a08ea9bdafe0a9a1b8"><span class="__cf_email__" data-cfemail="781d141102191a1d0c1056191414110b1716381f0b19561f170e">[email protected]</span></a>. Please cite FMR case 2004-102-4, 
Amendment 2004-02.

SUPPLEMENTARY INFORMATION:

A. Background

    A final rule to transfer policy and regulatory requirements for 
transportation payment and audit from the Federal Property Management 
Regulations (FPMR) to the Federal Management Regulation (FMR) was 
published in the Federal Register at 65 FR 24568, April 26, 2000. 
However, the policies and procedures relating to the cash payment of 
transportation services and unused tickets were inadvertently omitted 
during the transfer. This amendment adds and corrects errors to the 
regulatory text in FMR parts 102-117 and 102-118.

B. Executive Order 12866

    The General Services Administration (GSA) has determined that this 
final rule is not a significant regulatory action for the purposes of 
Executive Order 12866.

C. Regulatory Flexibility Act

    This final rule is not required to be published in the Federal 
Register for comment. Therefore, the Regulatory Flexibility Act does 
not apply.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FMR do not impose information collection requirements 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 exempt from Congressional review under 5 U.S.C. 
801 since it relates solely to agency management and personnel.

List of Subjects in 41 CFR Parts 102-117 and 102-118

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

    Dated: April 26, 2004.
Stephen A. Perry,
Administrator of General Services.

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

PART 102-117--TRANSPORTATION MANAGEMENT

    1. The authority citation for 41 CFR part 102-117 continues to read 
as follows:

    Authority: 31 U.S.C. 3726, 40 U.S.C. 121(c), and 49 U.S.C. 
10721, 13712, and 15504.


    2. Revise Sec.  102-117.80 to read as follows:


Sec.  102-117.80  How are rate tenders filed?

    (a) The TSP must file an electronic rate tender with your agency. 
Details of what must be included when submitting electronic tenders is 
located in Sec.  102-118.260(b) of this subchapter.
    (b) You must send two copies of the rate tender to--General 
Services Administration, Federal Supply Service, Audit Division (FBA), 
1800 F Street, NW., Washington, DC 20405, www.gsa.gov/transaudits.


Sec.  102-117.170  [Amended]

    3. Amend Sec.  102-117.170(b) by removing the web address ``http://
www.fss.gsa.gov/transtrav'' and adding ``www.gsa.gov/transaudits'' in 
its place.

PART 102-118--TRANSPORTATION PAYMENT AND AUDIT

    4. The authority citation for 41 CFR part 102-118 continues to read 
as follows:

    Authority: 31 U.S.C. 3726, 40 U.S.C. 121(c), and 49 U.S.C. 
10721, 13712, and 15504.

    5. Amend Sec.  102-118.35 by revising the definition ``Agency'' and 
adding the definition of ``Cash'' to read as follows:


Sec.  102-118.35  What definitions apply to this part?

* * * * *
    Agency, as used in this part, means a department, agency, or 
instrumentality of the United States Government.
* * * * *
    Cash means cash, personal checks, personal charge cards, and 
travelers checks. Cash may only be used to pay for transportation 
expenses in extremely limited cases where government payment mechanisms 
are not available or acceptable.
* * * * *

    6. Amend Sec.  102-118.40 by revising paragraph (a) and the web 
address at the end of paragraph (b) to read as follows:


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

* * * * *
    (a) Transportation of freight and household goods and related 
transportation services (e.g., packing, storage) with a Government 
contractor-issued charge card, purchase order (or electronic 
equivalent), or a Government bill of lading for international shipments 
(including domestic overseas shipments). In extremely limited cases, 
cash can be used where government payment mechanisms are not available 
or acceptable.
    (b) * * * www.gsa.gov/transaudits.

    7. Revise Sec.  102-118.60 to read as follows:


Sec.  102-118.60  To what extent must my agency use electronic 
commerce?

    Your agency must use electronic commerce in all areas of your 
transportation program. This includes the use of electronic systems and 
forms for ordering, receiving bills and paying for transportation and 
transportation services.

    8. Add Sec. Sec.  102-118.91 and 102-118.92 to read as follows:


Sec.  102-118.91  May my agency authorize the use of cash?

    Yes, in limited circumstances, a Government employee can use cash 
where government payment

[[Page 57619]]

mechanisms are not available or acceptable.


Sec.  102-118.92  How does my agency handle receipts, tickets or other 
records of cash payments?

    Your agency must ensure that its employees keep the original 
receipts for transportation purchases over $75.00 made with cash. If it 
is impractical to furnish receipts in any instance as required by this 
subtitle, the failure to do so must be fully explained on the travel 
voucher. Mere inconvenience in the matter of taking receipts will not 
be considered. These receipts must be saved for a possible postpayment 
audit by the GSA Audit Division. If your agency requires the filing of 
paper receipts, then you must do so. For transportation purchases over 
$75.00, your agency must ensure that copies of all original papers are 
retained at your agency. Copies of tickets from a TSP must be sent to--
General Services Administration, Federal Supply Service, Audit Division 
(FBA), 1800 F Street, NW., Washington, DC 20405, www.gsa.gov/transaudits.

    9. Amend Sec.  102-118.140 by revising paragraph (a) 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?

* * * * *
    (a) Unless otherwise permitted by statute and approved by the 
agency, the TSP may not demand prepayment or collect charges from the 
consignee. The TSP, providing service under the bill of lading, must 
present a legible copy of the bill of lading or an original, properly 
certified GBL attached to Standard Form (SF) 1113, Public Voucher for 
Transportation Charges, to the paying office for payment;
* * * * *

    10. Revise Sec.  102-118.175 to read as follows:


Sec.  102-118.175  Must my agency prepare for GBL retirement?

    Yes, your agency must prepare for retirement of the paper GBL. 
Effective September 30, 2001, your agency must have phased out use of 
Standard Form (SF) 1103, Government Bill of Lading, and OF 1203, 
Privately Owned Personal Property Government Bill of Lading (PPGBL) for 
domestic shipments. Effective September 30, 2001, your agency may use 
the GBL or PPGBL solely for international shipments (including domestic 
overseas shipments).

    11. Add Sec.  102-118.196 to read as follows:


Sec.  102-118.196  What does the TSP do with unused tickets (E-ticket 
or paper ticket)?

    The TSP must refund the value of the unused tickets (after 
expiration) to the GSA Audit Division if no Redemption of Unused 
Tickets (SF 1170) is received. TSPs are required to make such refunds 
within 90 days after the expiration date. The ticket number and the 
amount being refunded must be included in addition to all information 
pertinent to the refund, including the GTR numbers if applicable. 
Additional information is in the Government Passenger Transportation 
Handbook. Refund checks are to made payable to the U.S. Treasury and 
sent to--General Services Administration, Federal Supply Service, Audit 
Division (FBA), 1800 F Street, NW., Washington, DC 20405, www.gsa.gov/transaudits.

    12. Amend Sec.  102-118.205 by revising the heading to read as 
follows:


Sec.  102-118.205  May my agency pay a subcontractor or agent 
functioning as a warehouseman for the TSP providing service under the 
bill of lading?

* * * * *

    13. Revise Sec.  102-118.260 to read 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--General Services Administration, Federal Supply Service, Audit 
Division (FBA), 1800 F Street, NW., Washington, DC 20405, www.gsa.gov/transaudits.
    (b) Tenders must be submitted electronically, following the 
instructions provided by the requesting agency. The following 
information must be submitted with the tender:
    (1) Issuing TSP, Bureau, Agency or Conference.
    (2) Tender number.
    (3) Standard Carrier Alpha Code (SCAC).
    (4) TSP Tax Identification Number (TIN).
    (5) Issue date.
    (6) Effective date.
    (7) Expiration date.
    (8) Origin and destination.
    (9) Freight Classification and/or commodity description (including 
origin and destination).
    (10) Rate or charge for line haul rates.
    (11) Minimum weights.
    (12) Route(s).
    (13) Accessorial services description(s) with rate or charge and 
governing publication.
    (14) TSP operating authority.
    (c) The TSP must include a statement that the TSP will adhere and 
agree to the following general terms and conditions. The services 
provided in this tender will be performed in accordance with applicable 
Federal, State and municipal laws and regulations, including Federal 
Management Regulation parts 102-117 and 102-118 (41 CFR parts 102-117 
and 102-118), and the TSP(s) hold(s) the required operating authority 
to transport the commodity from, to, or between the places specified in 
the authorized certificates, permits or temporary operating 
authorities.
    (d) The TSP shall bill the United States Government on Standard 
Form (SF) 1113, Public Voucher for Transportation Charges, 
appropriately completed and supported. The TSP(s) will send bills to 
the ``Bill Charges To'' address on the face of the bill of lading or 
agency-ordering document.
    (e) The Optional Form (OF) 280, Uniform Tender of Rates and/or 
Charges for Transportation Services, includes all the provisions of 
paragraph (c) of this section and is another option to file a tender 
with the Government.

    14. Revise Sec.  102-118.275 to read as follows:


Sec.  102-118.275  What must my agency consider when designing and 
implementing a prepayment audit program?

    (a) As shown in Sec.  102-118.45, the manner in which your agency 
orders transportation services determines how and by whom the bill for 
those services will be presented. Each method of ordering 
transportation and transportation services may require a different kind 
of prepayment audit.
    Your agency's prepayment audit program must consider all of the 
methods that you use to order and pay for transportation services. With 
each method of ordering transportation services, your agency should 
ensure that each TSP bill or employee travel voucher contains enough 
information for the prepayment audit to determine which contract or 
rate tender is used and that the type and quantity of any additional 
services are clearly delineated.
    (b) For transportation payments made through cost reimbursable 
contracts, the agency must include a statement in the contract that the 
contractor shall submit to the address identified for prepayment audit, 
transportation documents which show that the United States will assume 
freight charges that were paid by the contractor.
    (c) Cost reimbursable contractors shall only submit for audit bills 
of lading

[[Page 57620]]

with freight shipment charges exceeding $100.00. Bills under $100.00 
shall be retained on-site by the contractor and made available for on-
site audits.

    15. Amend Sec.  102-118.330 by revising paragraph (d) to read as 
follows:


Sec.  102-118.330  What are the elements of an acceptable prepayment 
audit program?

* * * * *
    (d) Require your agency's paying office to offset, if directed by 
GSA's Audit Division, debts from amounts owed to the TSP within the 3 
years as per 31 U.S.C. 3726(b);
* * * * *


Sec. Sec.  102-118.80, 102-118.105, 102-118.110, 102-118.170, 102-
118.315, 102-118.320, 102-118.340, 102-118.490, 102-118.500, 102-
118.560, 102-118.600, 102-118.630, and 102-118.645  [Amended]

    16. Amend Sec. Sec.  102-118.80, 102-118.105, 102-118.110, 102-
118.170, 102-118.315, 102-118.320, 102-118.340, 102-118.490, 102-
118.500, 102-118.560, 102-118.600, 102-118.630, and 102-118.645 by 
removing ``http://pub.fss.gsa.gov/transtrav'' wherever it appears and 
adding ``www.gsa.gov/transaudits'' in its place.

[FR Doc. 04-21419 Filed 9-23-04; 8:45 am]
BILLING CODE 6820-14-P


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