[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Rules and Regulations]
[Pages 77025-77028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21467]


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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. 2]
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: Final rule.

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SUMMARY: GSA is issuing a final rule amending the Federal Travel 
Regulation (FTR) to remove outdated information on deployment of the 
original E-Gov Travel Service (ETS) contract as agencies prepare for 
the next generation of ETS, known as ETSNext, to provide updated 
policy, and make miscellaneous editorial corrections.

DATES: Effective October 21, 2024.

FOR FURTHER INFORMATION CONTACT: Ms. Cheryl D. McClain-Barnes, Office 
of Government-wide Policy at 202-208-4334 or email at 
<a href="/cdn-cgi/l/email-protection#bfcbcddec9dad3cfd0d3d6dcc6ffd8ccde91d8d0c9"><span class="__cf_email__" data-cfemail="8ffbfdeef9eae3ffe0e3e6ecf6cfe8fceea1e8e0f9">[email protected]</span></a> for clarification of content. For information 
pertaining to the status or publication schedules, contact the 
Regulatory Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#91d6c2d0c3f4f6c2f4f2d1f6e2f0bff6fee7"><span class="__cf_email__" data-cfemail="01465240536466526462416672602f666e77">[email protected]</span></a>. 
Please cite FTR case 2023-03.

SUPPLEMENTARY INFORMATION:

I. Background

    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. GSA published a proposed rule (88 FR 89650) on 
December 28, 2023, seeking to amend the FTR to remove outdated policy 
and provide updated policy as agencies prepare for the implementation 
of the next generation of ETS known as ``E-Gov Travel Service, Next 
Generation'' or ``ETSNext'' for short. Accordingly, this rule finalizes 
the proposed changes to FTR parts 300-3, 301-11, 301-50, 301-52, 301-
70, 301-71, and 301-73. GSA is also amending the FTR to make minor 
editorial changes for clarity.
    Specifically, GSA is relocating a definitional term at Sec.  301-
50.6, namely ``online self-service booking tool,'' to part 300-3, 
``Glossary of Terms,'' and updating the definition; renaming the term 
``Online booking tool (OBT);'' and renumbering sections in part 301-50 
in logical order. GSA is further updating the ``Glossary of Terms'' by 
capitalizing the initialism ``ETS'' in the body of the definition of 
``E-Gov Travel Service (ETS)'' to be consistent with the definition 
heading.
    GSA is also removing and reserving Sec.  301-73.101 and relocating 
relevant language from note 1 of the section regarding agency funding 
responsibility for ETS to a note to Sec.  301-73.2. Further, GSA is 
revising the note to Sec.  301-73.106 to remove duplicate 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 is adding 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. Discussion of the Final Rule

A. Summary of Significant Changes

    GSA has not made any significant changes to the regulatory language 
from the proposed to final rule. However, of note, the proposed rule 
duplicated some technical changes to an FTR final rule that took effect 
on April 16, 2024 (89 FR 12250); GSA removed these duplicate technical 
changes from this final rule as

[[Page 77026]]

they are already in effect under the other rule.

B. Analysis of Public Comments

    GSA received one comment to the proposed rule. The commenter wants 
GSA to retain the original ETS deployment date in the FTR for ease of 
reference. A major purpose of this amendment is to remove the 
deployment date for the original ETS contract because it is no longer 
relevant as 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. GSA also notes that 
the commenter can access historical versions of the FTR on the web. 
Accordingly, GSA will not change the final rule based on this comment.

C. Expected Cost Impact to the Public

    This rule will not result in an expected cost impact to the public.

III. 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 E.O. 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 was not reviewed under section 6(b) of E.O. 12866.

IV. Congressional Review Act

    OIRA has determined that this rule is not a ``major rule'' under 5 
U.S.C. 804(2). Title II, Subtitle E of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also 
known as the Congressional Review Act or CRA, generally provides that 
before a rule may take effect, unless excepted, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. This rule is excepted from CRA reporting requirements 
prescribed under 5 U.S.C. 801 as it relates to agency management or 
personnel under 5 U.S.C. 804(3)(B).

V. Regulatory Flexibility Act

    This final 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. This final 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 was not 
performed.

VI. 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.

Robin Carnahan,
Administrator.

    Therefore, GSA amends 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 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.
* * * * *

PART 301-11--PER DIEM EXPENSES

0
3. The authority citation for part 301-11 continues to read as follows:

    Authority: 5 U.S.C. 5707.


0
4. Amend Sec.  301-11.25 by--
0
a. Designating the note to Sec.  301-11.25 as note 1 to Sec.  301-
11.25; and
0
b. Revising newly designated note 1 to Sec.  301-11.25.
    The revision reads 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.  301-50.4 or Sec.  301-73.102 or Sec.  301-73.104 of this chapter.

[[Page 77027]]


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 ``the E-Gov Travel 
Service'' and adding in their place ``ETS'';
0
b. Removing the citations ``Sec.  301-50.4 or Sec.  301-73.104'' and 
adding ``Sec.  301-50.4 or Sec.  301-73.102 or Sec.  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 Sec.  301-50.6.


Sec.  301-50.7  [Redesignated as Sec.  301-50.6]

0
10. Redesignate Sec.  301-50.7 as Sec.  301-50.6.

0
11. Revise 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
12. The authority citation for 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
13. 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.  301-
50.4, Sec.  301-73.102, or Sec.  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
14. The authority citation for 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
15. 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.  301-50.4, Sec.  301-73.102, or Sec.  301-
73.104 of this chapter.

PART 301-71--AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS

0
16. The authority citation for 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
17. Amend Sec.  301-71.201 by revising paragraph (e) to read as 
follows:


Sec.  301-71.201  What are the reviewing official's responsibilities?

* * * * *
    (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.

PART 301-73--TRAVEL PROGRAMS

0
18. The authority citation for part 301-73 continues to read as 
follows:

    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).


0
19. 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
20. 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.  301-50.4 
of this chapter or Sec.  301-73.102 or Sec.  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
21. Revise the heading of subpart B to read as follows:

[[Page 77028]]

Subpart B--E-Gov Travel Service and Travel Management Service

0
22. 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.  
301-50.4 of the chapter and Sec. Sec.  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
23. Remove and reserve Sec.  301-73.101.

0
24. 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
25. 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
26. 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)(1), (2), and (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) * * *
    (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 <a href="/cdn-cgi/l/email-protection#394d4b584f5c55495655505a40795e4a58175e564f"><span class="__cf_email__" data-cfemail="7a0e081b0c1f160a15161319033a1d091b541d150c">[email protected]</span></a> with 
full justification and/or analysis addressing paragraphs (a)(1) through 
(4) of this section.

0
27. 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
28. Amend Sec.  301-73.106 by--
0
a. Designating the note to Sec.  301-73.106 as note 1 to Sec.  301-
73.106; and
0
b. Revising newly designated note 1 to Sec.  301-73.106.
    The revision reads 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. 2024-21467 Filed 9-19-24; 8:45 am]
BILLING CODE P


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