57618 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

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.

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 elizabeth.allison@gsa.gov.

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 § 102–117.80 to read as 

follows:

§ 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 § 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.

§ 102–117.170 [Amended]

■ 3. Amend § 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 § 102–118.35 by revising the 

definition ‘‘Agency’’ and adding the 

definition of ‘‘Cash’’ to read as follows:

§ 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 § 102–118.40 by revising 

paragraph (a) and the web address at the 

end of paragraph (b) to read as follows:

§ 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 contractorissued 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 § 102–118.60 to read as 

follows:

§ 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 §§ 102–118.91 and 102–118.92 

to read as follows:

§ 102–118.91 May my agency authorize the 

use of cash? 

Yes, in limited circumstances, a 

Government employee can use cash 

where government payment 

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57619

mechanisms are not available or 

acceptable.

§ 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 § 102–118.140 by revising 

paragraph (a) to read as follows:

§ 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 § 102–118.175 to read as 

follows:

§ 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 § 102–118.196 to read as 

follows:

§ 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 § 102–118.205 by revising 

the heading to read as follows:

§ 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 § 102–118.260 to read as 

follows:

§ 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 § 102–118.275 to read as 

follows:

§ 102–118.275 What must my agency 

consider when designing and implementing 

a prepayment audit program? 

(a) As shown in § 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 

57620 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

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 § 102–118.330 by revising 

paragraph (d) to read as follows:

§ 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);

* * * * *

§§ 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 §§ 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