12296 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Proposed Rules 

Table 2 includes information 

concerning whether the full site is 

proposed for deletion from the NPL or 

a description of the area, media or 

Operable Units (OUs) of the NPL site 

proposed for partial deletion from the 

NPL, and an email address to which 

public comments may be submitted if 

the commenter does not comment using 

https://www.regulations.gov. 

TABLE 2 

Site name Full site deletion (full) or media/parcels/description 

for partial deletion 

E-mail address for 

public comments 

Allied Paper, Inc./Portage Ck/Kalamazoo River ............... A portion of land/soil from OU 2, the Area East of Davis 

Creek and the Non-Easement Portion of the Area 

East of Davis Creek Extension Area of the Willow 

Boulevard/A-Site (WB/A-Site).

Cibulskis.karen@epa.gov. 

South Minneapolis Residential Soil Contamination .......... Three residential properties ............................................ Cibulskis.karen@epa.gov. 

Libby Asbestos ................................................................. 400-acre industrial park (OU–5) ..................................... Zinner.dania@epa.gov. 

Lipari Landfill ..................................................................... Full ................................................................................... Mitchell.tanya@epa.gov. 

Sapp Battery Salvage ....................................................... Soils, sediments and surface water portions of OU 1 

and OU 3.

Spalvins.erik@epa.gov. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Natural 

resources, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 

FR 2923, 3 CFR, 1987 Comp., p. 193. 

Larry Douchand, 

Office Director, Office of Superfund 

Remediation and Technology Innovation. 

[FR Doc. 2024–03004 Filed 2–15–24; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–118 

[FMR Case 2023–02; Docket No. GSA–FMR– 

2023–0014; Sequence No. 1] 

RIN 3090–AK73 

Federal Management Regulation; 

Transportation Payment and Audit 

Regulations 

AGENCY: Office of Government-wide 

Policy (OGP), General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The United States General 

Services Administration (GSA) proposes 

to amend the Federal Management 

Regulation (FMR) to effectuate 

fundamental changes including 

removing, adding, and modifying 

definitions, eliminating gender 

pronouns, streamlining requirements, 

and revising statutory references. These 

changes are needed to provide accurate 

information for agencies to properly 

manage and comply with transportation 

invoice payment and audit 

requirements. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at the address 

shown below on or before April 16, 

2024 to be considered in the formation 

of the proposed rule. 

ADDRESSES: Submit comments in 

response to FMR Case 2023–02 to 

Regulations.gov at https://

www.regulations.gov via the Federal 

eRulemaking portal by searching for 

‘‘FMR Case 2023–02’’. Select the link 

‘‘Comment Now’’ that corresponds with 

FMR Case 2023–02. Follow the 

instructions provided at the ‘‘Comment 

Now’’ screen. Please include your name, 

company name (if any), and ‘‘FMR Case 

2023–02’’ 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 2023–02, 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: Mr. 

Ron Siegel, Policy Analyst, at 202–702– 

0840 for clarification of content. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat Division at 202– 

501–4755 or GSARegSec@gsa.gov. 

Please cite FMR Case 2023–02. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Travel and Transportation 

Reform Act of 1998 (Pub. L. 105–264) 

established the statutory requirement for 

agencies to perform an audit of 

transportation expenses prior to 

payment, granted the Administrator of 

GSA the authority to prescribe 

regulations for the audit of 

transportation invoices prior to 

payment, and the 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 102–118, 

Transportation Payment and Audit 

(Federal Management Regulation (FMR) 

part 102–118). 

GSA last amended FMR part 102–118 

on May 31, 2022 (87 FR 32320), to 

perform editorial and technical changes. 


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That direct final rule introduced the 

GSA Transportation Audit Management 

System (TAMS), corrected inaccurate 

and outdated information, and removed 

obsolete references to programs, legal 

citations, and forms. It revised general 

contact information, corrected 

hyperlinks, clarified conditions for 

using certain forms and revised 

outdated and inaccurate administrative 

procedures. 

GSA is proposing amendments to 

FMR part 102–118. These amendments 

include modifying definitions that 

apply to this part, which include the 

incorporation of previously undefined 

terms such as Civilian Board of Contract 

Appeals (CBCA), refund, and 

Transportation Audits Management 

System (TAMS). Furthermore, 

definitions of forms used exclusively by 

the GSA Transportation Audits Division 

will be removed from individual 

sections and added to the definitions, 

while terms such as EDI signature, 

reparation, statement of difference 

rebuttal, and virtual Government Bill of 

Lading (GBL), which are defined but not 

referenced in this part, will be removed. 

Additionally, certain definitions will be 

modified to enhance clarity, including 

for the terms cash, Government 

contractor issued charge card, and 

offset. This proposed rule will 

standardize the terminology used to 

reference Government contractor issued 

charge cards and will include 

definitions for the two types of charge 

cards that the Government may use to 

procure transportation: individually 

billed travel cards and agency purchase 

cards. 

This proposed rule provides further 

clarification on the role of TAMS and its 

benefit to transportation service 

providers (TSPs), specifically when 

filing certain claims. It also outlines the 

circumstances under which Federal 

agencies use TAMS. Additionally, when 

agencies submit their paid 

transportation invoices and other 

documentation through TAMS, it allows 

the GSA Transportation Audits Division 

to maintain and store these 

transportation records in accordance 

with the General Records Schedule. 

Thanks to the convenience of email 

and the efficiency of TAMS, GSA no 

longer requires physical documents to 

be sent via the United States Postal 

Service mail monthly. Consequently, 

physical mailing addresses are being 

removed from this FMR part. This 

change is expected to reduce costs for 

agencies, streamline the reporting 

process, and eliminate the need for 

mailing documents to the GSA 

Transportation Audits Division. It will 

also simplify the claims filing process 

for TSPs that want to file a claim with 

the GSA Transportation Audits 

Division. 

GSA is proposing to grant agencies 

some discretion in the use of a GBL for 

domestic shipping. Currently, the 

regulation restricts GBL usage to 

international or domestic overseas 

shipments. The changes outlined in this 

rulemaking would permit agencies to 

execute a GBL when the agency 

considers it necessary. Furthermore, this 

rulemaking clarifies that a bill of lading 

can be utilized to procure both 

transportation and transportation 

services. 

This proposed rule builds upon the 

changes introduced in the direct final 

rule that was published on May 31, 

2022 at 87 FR 32320. That rule 

eliminated unnecessary procedures for 

agencies to request Government Bill of 

Lading (GBL) and Government 

Transportation Request (GTR) forms, 

along with their corresponding control 

numbers. GSA is proposing 

amendments to this FMR part that will 

provide agencies with additional 

information regarding the requirement 

to assign numbers to these forms and to 

manage and track each issued GBL and 

GTR transportation document. 

This proposed rule updates the 

requirement for agencies to provide a 

copy of each quotation, tender, or 

contract of special rates, fares, charges, 

or concessions with TSPs to the GSA 

Transportation Audits Division. The 

proposed revision adds the requirement 

for agencies to send copies of rates 

provided by pipeline carriers as well. 

Furthermore, this rulemaking clarifies 

that the Director of the GSA 

Transportation Audits Division has the 

authority to conduct postpayment 

audits on any agency paid 

transportation invoice, oversee agency 

prepayment audit programs, settle 

accounts, and initiate collection 

activities. 

Finally, GSA is also updating 

information, including correcting legal 

references related to actions by and 

against the Government. The revised 

information corrects authorities that 

apply to time limits for filing freight 

charges, loss and damage claims, and 

filing claims against a TSP for the 

collection of overcharges. It is also 

important to note that this proposed 

rule would also remove gender 

pronouns from this FMR part. 

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) 

amends section 3(f) of Executive Order 

12866 and 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’s Office of 

Information and Regulatory Affairs 

(OIRA) has determined that this 

rulemaking is not a significant 

regulatory action and, therefore, it 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 the 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 

FMR do not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public that requires the approval of the 

Office of Management and Budget 

(OMB) under 44 U.S.C. 3501, et seq. 

List of Subjects in 41 CFR Part 102–118 

Accounting, Claims, Government 

property management, Reporting and 

recordkeeping requirements, 

Transportation. 

Krystal J. Brumfield, 

Associate Administrator, Office of 

Government-wide Policy. 

Therefore, GSA proposes to amend 41 

CFR part 102–118 as set forth below: 

PART 102–118—TRANSPORTATION 

PAYMENT AND AUDIT 

■ 1. The authority citation for 41 CFR 

part 102–118 continues to read as 

follows: 


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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. 

§ 102–118.25 [Amended] 

■ 2. Amend § 102–118.25 by removing 

the words ‘‘may request’’ and adding the 

words ‘‘is required’’ in their place. 

■ 3. Amend § 102–118.35 by: 

■ a. Adding, in alphabetical order, the 

definitions ‘‘ACH (automated 

clearinghouse)’’ and ‘‘Agency purchase 

card’’, 

■ b. Revising the definition of ‘‘Cash’’; 

■ c. Adding, in alphabetical order, the 

definitions of ‘‘Certificate of Settlement’’ 

and ‘‘Civilian Board of Contract Appeals 

(CBCA)’’; 

■ d. Removing the definition of ‘‘EDI 

signature’’; 

■ e. Revising the definition of 

‘‘Government contractor issued charge 

card’’; 

■ f. Adding, in alphabetical order, the 

definitions of ‘‘Individually billed travel 

card’’, ‘‘Notice of Indebtedness’’, and 

‘‘Notice of Overcharge’’; 

■ g. Revising the definition of ‘‘Offset’’; 

■ h. Adding the definition of ‘‘Refund’’; 

■ i. Removing the definition of 

‘‘Reparation’’; 

■ j. Revising the definition of 

‘‘Statement of difference’’; 

■ k. Removing the definition of 

‘‘Statement of difference rebuttal’’; 

■ l. Adding the definition of 

‘‘Transportation Audits Management 

System (TAMS)’’; and 

■ m. Removing the definition of 

‘‘Virtual GBL (VGBL)’’. 

The additions and revisions read as 

follows: 

§ 102–118.35 What definitions apply to this 

part? 

* * * * * 

ACH (automated clearinghouse) 

means a nationwide network through 

which depository institutions send each 

other batches of electronic credit and 

debit transfers. 

* * * * * 

Agency purchase card means a charge 

card used by an authorized agency 

purchaser to procure, order, and pay for 

supplies and services. 

* * * * * 

Cash means cash, personal checks, 

personal charge/credit cards, and 

traveler’s checks. 

Certificate of Settlement means a 

formal notice to an agency that provides 

a complete explanation of any amount 

that is disallowed. GSA produces and 

transmits the Certificate of Settlement 

(GSA Form 7931) to the agency whose 

funds are to be charged for processing 

and payment. 

Civilian Board of Contract Appeals 

(CBCA) means an independent court 

within GSA that settles transportation 

payment claims disputes between 

Federal agencies and transportation 

service providers (TSPs). For additional 

information on the CBCA see https://

www.cbca.gov/index.html. 

* * * * * 

Government contractor issued charge 

card means an individually billed travel 

card or an agency purchase card. 

* * * * * 

Individually billed travel card means 

the charge card used by authorized 

individuals to pay for official travel and 

transportation related expenses for 

which the contractor bills the employee. 

This is different from a centrally billed 

account paying for official travel and 

transportation related expenses for 

which the agency is billed. 

Notice of Indebtedness means a 

formal notice issued to a TSP that owes 

an ordinary debt to an agency. This 

notice states the basis for the debt, the 

TSP’s rights, interest, penalty, and other 

results of nonpayment. The debt is due 

immediately and is subject to interest 

charges, penalties, and administrative 

cost under 31 U.S.C. 3717. 

Notice of Overcharge means a formal 

notice to a TSP that owes a debt to the 

agency. It shows the TSP the amount 

paid and the basis for the proper charge 

for the document reference number 

(DRN), and cites applicable contract, 

tariff, or tender, along with other data 

relied on to support the overcharge. 

Offset means withholding money 

from a payment. In this part, money 

withheld refers to the funds owed a TSP 

that are not released by the agency but 

instead used to repay the Government 

for a debt incurred by the TSP. 

* * * * * 

Refund means the amount collected 

from outside sources for payments made 

in error, overpayment, or adjustments 

for previous amounts disbursed. 

* * * * * 

Statement of difference means a 

statement issued by an agency or its 

designated audit contractor during a 

prepayment audit when it has been 

determined that a TSP has billed the 

agency for more than the proper amount 

for the services. This statement tells the 

TSP the amount allowed and the basis 

for the proper charges. The statement 

also cites the applicable rate references 

and other data relied on for support. 

The agency issues a separate statement 

of difference for each transportation 

transaction. This can be an electronic 

process. 

* * * * * 

Transportation Audits Management 

System (TAMS) means the GSA’s cloudbased postpaid transportation invoice 

auditing solution for Federal agencies 

and TSPs. 

* * * * * 

§ 102–118.40 [Amended] 

■ 4. Amend § 102–118.40 by: 

■ a. In paragraph (a), removing the 

words ‘‘Government contractor-issued 

charge card, purchase order (or 

electronic equivalent), or a Government 

bill of lading for international 

shipments (including domestic overseas 

shipments)’’ and adding the words 

‘‘Government contractor issued charge 

card, purchase order (or electronic 

equivalent), or a bill of lading including 

a Government bill of lading’’ in their 

place; and 

■ b. In paragraph (b), removing the 

words ‘‘Government issued charge card 

(or centrally billed travel account 

citation), Government issued individual 

travel charge card, personal charge 

card,’’ and adding the words 

‘‘Government contractor issued charge 

card, centrally billed travel account, 

personal charge/credit card,’’ in their 

place. 

§ 102–118.45 [Amended] 

■ 5. Amend § 102–118.45 by: 

■ a. In paragraph (a)(1)(i), removing the 

words ‘‘Government issued agency 

charge card’’ and adding the words 

‘‘Government contractor issued charge 

card’’ in their place; 

■ b. In paragraph (a)(3)(i), removing the 

words ‘‘Contractor issued individual 

travel charge card’’ and adding the 

words ‘‘Government contractor issued 

charge card (individually billed travel 

card)’’ in their place; and 

■ c. In paragraph (a)(3)(ii), removing the 

words ‘‘Personal charge card’’ and 

adding the words ‘‘Personal charge/ 

credit card’’ in their place. 

§ 102–118.50 [Amended] 

■ 6. Amend § 102–118.50 by: 

■ a. In paragraph (a), removing the 

citation ‘‘(31 U.S.C. 3332, et)’’ and 

adding the citation ‘‘(31 U.S.C. 3332, et 

seq.)’’ in its place; and 

■ b. In paragraph (c), removing the 

citation ‘‘(31 CFR part 208)’’ and adding 

the citation ‘‘31 CFR part 208’’ in its 

place. 

■ 7. Revise § 102–118.75 to read as 

follows: 

§ 102–118.75 What if my agency or the 

TSP does not have an account with a 

financial institution or approved payment 

agent? 

Under 31 U.S.C. 3332, et seq., your 

agency must obtain an account with a 

financial institution or approved 

payment agent in order to meet the 

statutory requirements to make all 

Federal payments via EFT unless your 


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agency receives a waiver from the 

Department of the Treasury. To obtain a 

waiver, your agency must contact the 

Secretary of the Treasury. For 

information visit: https://www.fiscal.

treasury.gov/ 

■ 8. Amend § 102–118.80 by revising 

the third sentence to read as follows: 

§ 102–118.80 Who is responsible for 

keeping my agency’s electronic commerce 

transportation billing records? 

* * * Therefore, your agency must 

utilize the Transportation Audits 

Management System (TAMS) (https://

tams.gsa.gov) to submit all relevant 

electronic transportation billing 

documents or submit via email to: 

QMCATariffs@gsa.gov. 

■ 9. Revise § 102–118.115 to read as 

follows: 

§ 102–118.115 Must my agency use a 

GBL? 

No. Your agency is required to use 

commercial payment practices to the 

maximum extent possible. Your agency 

may use a GBL as needed for domestic 

shipments and should use a GBL for 

international shipments. When used for 

shipments, a GBL is a receipt of goods, 

evidence of title, and a contract of 

carriage for Government shipments and 

was developed to protect the interest of 

the U.S. Government. 

§ 102–118.130 [Amended] 

■ 10. Amend § 102–118.130 by 

removing the last sentence. 

§ 102–118.150 [Amended] 

■ 11. Amend § 102–118.150 by, in 

paragraph (a), removing the last 

sentence. 

■ 12. Revise § 102–118.235 to read as 

follows: 

§ 102–118.235 Must my agency keep 

physical control and accountability of the 

GBL and GTR forms or GBL and GTR 

numbers? 

Yes, your agency is responsible for the 

physical control, use, and accountability 

of GBLs and GTRs and must have 

procedures in place to track, manage, 

and account for these documents when 

necessary. 

■ 13. Revise § 102–118.255 to read as 

follows: 

§ 102–118.255 Are GBL and GTR forms 

numbered and used sequentially? 

Yes, GBLs and GTRs must be 

sequentially numbered by agencies 

when used. 

§ 102–118.260 Must my agency send all 

quotations, tenders, or contracts with a TSP 

to GSA? 

■ 14. Amend § 102–118.260 by revising 

paragraph (a) to read as follows: 

(a) Yes, your agency must send a copy 

of each quotation, tender, or contract of 

special rates, fares, charges, or 

concessions with TSPs including those 

authorized by 49 U.S.C. 10721, 13712, 

and 15504 upon execution to 

qmcatariffs@gsa.gov. 

* * * * * 

■ 15. Amend § 102–118.285 by: 

■ a. Revising paragraph (e); 

■ b. Removing paragraph(f); and 

■ c. Redesignating paragraphs (g) 

through (m) as paragraphs (f) through 

(l), respectively. 

The revisions read as follows: 

§ 102–118.285 What must be included in 

an agency’s transportation prepayment 

audit program? 

* * * * * 

(e) Agencies must use GSA 

Transportation Audits Division’s 

electronic commerce system, TAMS, to 

fulfill all monthly reporting 

requirements. Filing all documents 

through TAMS ensures that GSA 

Transportation Audits Division will 

properly maintain and store 

transportation records, including paid 

transportation bills, in accordance with 

the General Records Schedule 1.1 et 

seq., (36 CFR chapter XII, part 1220). 

GSA will also arrange for storage of any 

document requiring special handling, 

such as bankruptcy and court cases. 

These bills will be retained pursuant to 

44 U.S.C. 3309 until claims have been 

settled. 

* * * * * 

§ 102–118.300 [Amended] 

■ 16. Amend § 102–118.300 by, in 

paragraph(a), removing the words ‘‘by 

email at Audit.Policy@gsa.gov, or by 

mail to: U.S. General Services 

Administration, 1800 F St. NW, 3rd 

Floor, Mail Hub 3400, Washington, DC 

20405.’’ and adding the words ‘‘via 

TAMS (https://tams.gsa.gov), or by 

email to Audit.Policy@gsa.gov.’’ in their 

place. 

■ 17. Amend § 102–118.425 by revising 

paragraph (a) to read as follows: 

§ 102–118.425 Is my agency required to 

forward all transportation documents (TDs) 

to GSA Transportation Audits Division, and 

what information must be on these 

documents? 

(a) Yes, your agency must provide all 

TDs, via TAMS, to GSA Transportation 

Audits Division (see § 102–118.35 for 

the definition of TD). 

* * * * * 

§ 102–118.430 [Amended] 

■ 18. Amend § 102–118.430 by: 

■ a. In paragraph (f), removing the 

second sentence; and 

■ b. In paragraph (g), removing the 

second and third sentences. 

§ 102–118.435 [Amended] 

■ 19. Amend § 102–118.435 by, in 

paragraph (a)(7), removing the words 

‘‘freight or passenger’’ and adding the 

word ‘‘all’’ in their place. 

§ 102–118.440 [Amended] 

■ 20. Amend § 102–118.440 by, in the 

second sentence, removing the word 

‘‘type’’ and adding the word ‘‘types’’ in 

its place. 

■ 21. Revise § 102–118.455 to read as 

follows: 

§ 102–118.455 What is the time limit for a 

TSP to file a transportation claim against 

my agency? 

The time limits on a TSP 

transportation claim against the 

Government differ by mode as shown in 

the following table: 

TIME LIMITS ON ACTIONS TAKEN BY TSP 

Mode Freight charges 

(years) Statute 

(a) Air Domestic ...................................................................................................... 6 28 U.S.C. 2401, 2501. 

(b) Air International ................................................................................................. 6 28 U.S.C. 2401, 2501. 

(c) Freight Forwarders (Subject to title 49 chapter 135) ........................................ 3 49 U.S.C. 14705(f). 

(d) Motor ................................................................................................................. 3 49 U.S.C. 14705(f). 

(e) Rail .................................................................................................................... 3 49 U.S.C. 11705(f). 

(f) Water (Subject to title 49 chapter 135) .............................................................. 3 49 U.S.C. 14705(f). 

(g) Water (Not subject to title 49 chapter 135) ....................................................... 2 46 U.S.C. 30905. 

(h) TSPs not specified in any of the above categories .......................................... 6 28 U.S.C. 2401, 2501. 


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■ 22. Revise § 102–118.460 to read as 

follows: 

§ 102–118.460 What is the time limit for my 

agency to file a court claim with a TSP for 

freight charges, refund of overpayment, and 

loss or damage to the property? 

Statutory time limits vary depending 

on the mode and the service involved 

and may involve freight charges. The 

following tables list the time limits: 

(a) TIME LIMITS ON ACTIONS TAKEN BY THE FEDERAL GOVERNMENT AGAINST TSPS

Mode Freight charges Refund for overpayment Loss and damage 

(1) Rail ............................................................................. 3 years; 49 U.S.C. 11705 3 years; 49 U.S.C. 11705 6 years; 28 U.S.C. 2415. 

(2) Motor .......................................................................... 3 years; 49 U.S.C. 

14705(f).

3 years; 49 U.S.C. 

14705(f).

6 years; 28 U.S.C. 2415. 

(3) Freight Forwarders (Subject to title 49 chapter 135) 3 years; 49 U.S.C. 

14705(f).

3 years; 49 U.S.C. 

14705(f).

6 years; 28 U.S.C. 2415. 

(4) Water (Subject to title 49 chapter 135) ..................... 3 years; 49 U.S.C. 

14705(f).

3 years; 49 U.S.C. 

14705(f).

6 years; 28 U.S.C. 2415. 

(5) Water (Not subject to title 49 chapter 135) ............... 6 years; 28 U.S.C. 2415 ... 3 years; 46 U.S.C. 41301 3 days after delivery; Carriage of Goods By Sea 

Act, 46 U.S.C. 30701 

Notes. 

(6) Domestic Air ............................................................... 6 years; 28 U.S.C. 2415 ... 6 years; 28 U.S.C. 2415 ... 6 years; 28 U.S.C. 2415. 

(7) International Air .......................................................... 6 years; 28 U.S.C. 2415 ... 6 years; 28 U.S.C. 2415 ... 2 years; 49 U.S.C. 40105. 

(b) TIME LIMITS ON ACTIONS TAKEN BY THE FEDERAL GOVERNMENT AGAINST TSPS

[TSPs not specified in paragraph (a) of this section] 

Mode Freight Refund for overpayment Loss and damage 

(1) All ............................................................................... 6 years; 28 U.S.C. 2415 ... 6 years; 28 U.S.C. 2415 ... 6 years; 28 U.S.C. 2415. 

■ 23. Amend § 102–118.470 by revising 

the section heading and introductory 

text to read as follows: 

§ 102–118.470 Are there statutory time 

limits for a TSP on filing a claim with the 

GSA Transportation Audits Division? 

Yes, a 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): 

* * * * * 

■ 24. Revise § 102–118.490 to read as 

follows: 

§ 102–118.490 What if my agency fails to 

settle a disputed claim with a TSP within 30 

days? 

(a) If your agency fails to settle a 

disputed claim with a TSP within 30 

days, the TSP may appeal to GSA via 

TAMS—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 (CBCA) (See § 102– 

118.35 for a definition of Civilian Board 

of Contract Appeals (CBCA)). 

■ 25. Amend § 102–118.500 by revising 

paragraph (a) to read as follows: 

§ 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 

sent via email to: audit.policy@gsa.gov. 

* * * * * 

§ 102–118.510 [Amended] 

■ 26. Amend § 102–118.510 by: 

■ a. In the section heading, remove the 

words ‘‘GSA Form 7931’’; and 

■ b. Removing the words ‘‘GSA Form 

7931’’ and adding the words ‘‘Certificate 

of Settlement’’ in their place. 

■ 27. Revise § 102–118.540 to read as 

follows: 

§ 102–118.540 Who has the authority to 

audit, settle accounts, and/or start 

collection action for all transportation 

services provided for my agency? 

(a) The Administrator of GSA has the 

authority and responsibility to conduct 

prepayment or postpayment audits of 

transportation bills, settle accounts, 

commence collection actions, and 

resolve transportation claims which 

cannot be resolved by the agency 

procuring the transportation services or 

the TSP presenting the bill. The number 

and types of bills audited shall be based 

on the Administrator’s decision (31 

U.S.C. 3726). With respect to a contract 

for transportation services awarded 

pursuant to the Federal Acquisition 

Regulation (FAR), such an appeal shall 

be adjudicated under the authority of 

this section using administrative 

procedures of GSA. 

(b) The Administrator has delegated 

this responsibility to the Director of the 

GSA Transportation Audits Division 

because the Director has access to 

governmentwide data including TSP 

rates, agency paid TSP invoices, and 

transportation billings with the 

government. Your agency must correctly 

pay individual transportation invoices 

(See 31 U.S.C. 3351(4) Improper 

Payment definition). 

■ 28. Revise § 102–118.545 to read as 

follows: 

§ 102–118.545 What information must a 

TSP claim include? 

All claims filed with GSA 

Transportation Audits Division either 

using TAMS (preferred) or via email 

(protests@gsa.gov) must include: 

(a) The transportation document. 

(b) An explanation for the claim. 

(c) Any additional supporting 

documentation. 

§ 102–118.550 [Amended] 

■ 29. Amend § 102–118.550 by, in the 

section heading, removing the words 


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‘‘an administrative’’ and adding the 

word ‘‘a’’ in its place. 

§ 102–118.555 [Amended] 

■ 30. Amend § 102–118.555 by: 

■ a. In the section heading, removing 

the word ‘‘administrative’’; and 

■ b. Removing the word 

‘‘administrative’’. 

■ 31. Revise § 102–118.560 to read as 

follows: 

§ 102–118.560 What is the required format 

that a TSP must use to file a 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 

§§ 102–118.545 and 102–118.565) to 

GSA Transportation Audits Division via 

email to protests@gsa.gov. 

§ 102–118.565 [Amended] 

■ 32. Amend § 102–118.565 by: 

■ a. In the section heading, removing 

the words ‘‘an administrative’’ and 

adding the word ‘‘a’’ in their place; and 

■ b. Removing the words ‘‘An 

administrative’’ and adding the word 

‘‘A’’ in their place. 

■ 33. Revise § 102–118.600 to read as 

follows: 

§ 102–118.600 When a TSP disagrees with 

a Notice of Overcharge resulting from a 

postpayment audit, what are the appeal 

procedures? 

A TSP that disagrees with the Notice 

of Overcharge may submit a protest to 

the GSA Transportation Audits Division 

via TAMS (https://tams.gsa.gov) or 

email to protests@gsa.gov. 

■ 34. Revise § 102–118.610 to read as 

follows: 

§ 102–118.610 Is a TSP notified when GSA 

allows a claim? 

Yes, the GSA Transportation Audits 

Division will acknowledge each payable 

claim using a Certificate of Settlement. 

■ 35. Revise § 102–118.615 to read as 

follows: 

§ 102–118.615 Will GSA notify a TSP if 

they internally offset a payment? 

Yes, the GSA Transportation Audits 

Division will notify the TSP via TAMS 

or email if GSA offsets a payment. 

■ 36. Amend § 102–118.630 by: 

■ a. Revising paragraphs (a) and (b); and 

■ b. Removing Note 1. 

The revisions read as follows: 

§ 102–118.630 How must a TSP refund 

amounts due to GSA? 

(a) TSPs must promptly refund 

amounts due to GSA, preferably via 

TAMS or by ACH. If an ACH 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 the appropriate address listed on the 

Accounts and Collections web page at 

https://www.gsa.gov/transaudits. 

(b) If an ACH address is needed, visit 

https://www.gsa.gov/transaudits 

(Accounts and Collections web page) or 

contact the GSA Transportation Audits 

Division via email at: 

audits.collections@gsa.gov. 

■ 37. Revise § 102–118.645 to read as 

follows: 

§ 102–118.645 Can a TSP file a claim on 

collection actions? 

Yes, a TSP may file a 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 subject 

to 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 email to protests@

gsa.gov. 

[FR Doc. 2024–02791 Filed 2–15–24; 8:45 am] 

BILLING CODE 6820–14–P 


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