93192 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations 

12 In deciding whether to invoke the exception by 

making and publishing a finding that this final 

action is based on a determination of nationwide 

scope or effect, the Administrator has also taken 

into account a number of policy considerations, 

including his judgment balancing the benefit of 

obtaining the D.C. Circuit’s authoritative centralized 

review versus allowing development of the issue in 

other contexts and the best use of Agency resources. 

13 In the report on the 1977 Amendments that 

revised section 307(b)(1) of the CAA, Congress 

noted that the Administrator’s determination that 

the ‘‘nationwide scope or effect’’ exception applies 

would be appropriate for any action that has a 

scope or effect beyond a single judicial circuit. See 

H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977 

U.S.C.C.A.N. 1402–03. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications as specified in Executive 

Order 13175. This action finds that 

several air agencies have failed to 

submit SIP revisions in response to 

findings of substantial inadequacy 

under section 110(k)(5) of the CAA. No 

Tribe is subject to the requirement to 

submit an implementation plan under 

the findings of inadequacy relevant to 

this action. Thus, Executive Order 

13175 does not apply to this action. 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern health or 

safety risks that the EPA has reason to 

believe may disproportionately affect 

children, per the definition of ‘‘covered 

regulatory action’’ in section 2–202 of 

the Executive Order. This action is not 

subject to Executive Order 13045 

because it relates to the requirement in 

the CAA for States to submit SIPs in 

response to findings of substantial 

inadequacy under CAA section 

110(k)(5) and does not directly or 

disproportionately affect children. 

I. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

This final action does not involve 

technical standards. 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) directs federal 

agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on communities 

with EJ concerns. 

The EPA believes it is not practicable 

to assess whether the conditions that 

exist prior to this proposed action result 

in disproportionate and adverse effects 

on people of color, low-income 

populations, and/or indigenous peoples. 

While it is difficult to assess the 

environmental justice implications of 

this proposed action because the EPA 

cannot geographically identify or 

quantify the resulting source-specific 

emission reductions, the EPA recognizes 

the potential for neutral or adverse 

environmental justice issues associated 

with this action. However, the EPA 

views this action as a necessary 

procedural step following the D.C. 

Circuit decision and vacatur of portions 

of the 2015 SSM SIP call. 

L. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

M. Judicial Review 

Section 307(b)(1) of the CAA governs 

judicial review of final actions by the 

EPA. This section provides, in part, that 

petitions for review must be filed in the 

United States Court of Appeals for the 

District of Columbia Circuit: (i) when 

the agency action consists of ‘‘nationally 

applicable regulations promulgated, or 

final actions taken, by the 

Administrator,’’ or (ii) when such action 

is locally or regionally applicable, but 

‘‘such action is based on a 

determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ For locally or regionally 

applicable final actions, the CAA 

reserves to the EPA complete discretion 

whether to invoke the exception in (ii). 

This final action is ‘‘nationally 

applicable’’ within the meaning of CAA 

section 307(b)(1). In the alternative, to 

the extent a court finds this final action 

to be locally or regionally applicable, 

the Administrator is exercising the 

complete discretion afforded to him 

under the CAA to make and publish a 

finding that this action is based on a 

determination of ‘‘nationwide scope or 

effect’’ within the meaning of CAA 

section 307(b)(1).12 This final action 

consists of a partial withdrawal of 

findings of failure to submit required 

SIPs from six States and/or local air 

jurisdictions, including the District of 

Columbia, located in 5 of the 10 EPA 

regions, and in 6 different federal 

judicial circuits.13 This final action is 

also based on a common core of factual 

findings concerning the receipt and 

completeness of the relevant SIP 

submittals. For these reasons, this final 

action is nationally applicable or, 

alternatively, the Administrator is 

exercising the complete discretion 

afforded to him by the CAA and hereby 

finds that this final action is based on 

a determination of nationwide scope or 

effect for purposes of CAA section 

307(b)(1) and is hereby publishing that 

finding in the Federal Register. 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the District of 

Columbia Circuit within 60 days from 

the date this final action is published in 

the Federal Register. Filing a petition 

for reconsideration by the Administrator 

of this final action does not affect the 

finality of the action for the purposes of 

judicial review, nor does it extend the 

time within which a petition for judicial 

review must be filed and shall not 

postpone the effectiveness of such rule 

or action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Approval and 

promulgation of implementation plans, 

Incorporation by reference, 

Intergovernmental relations, and 

Reporting and recordkeeping 

requirements. 

Joseph Goffman, 

Assistant Administrator. 

[FR Doc. 2024–27263 Filed 11–25–24; 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. 2] 

RIN 3090–AK73 

Federal Management Regulation; 

Transportation Payment and Audit 

Regulations 

AGENCY: Office of Government-Wide 

Policy (OGP), General Services 

Administration (GSA). 


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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations 93193 

ACTION: Final rule. 

SUMMARY: The United States General 

Services Administration (GSA) is 

issuing a final rule amending the 

Federal Management Regulation (FMR). 

This amendment executes changes that 

include the removal, addition, and 

revision of definitions, the elimination 

of gender pronouns, the simplification 

of requirements, the alteration of 

statutory references, and the 

clarification of GSA’s role in 

adjudicating disputes arising from 

audits of transportation bills. These 

adjustments are necessary to furnish 

accurate guidance for agencies, facilitate 

proper management and compliance 

with transportation invoice payment 

and audit obligations. 

DATES: Effective date: December 26, 

2024. 

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, assigned to the Administrator 

of GSA (Administrator) the authority to 

prescribe regulations for the audit of 

transportation invoices prior to 

payment, and the statutory authority for 

audit oversight of transportation 

invoices to protect the financial 

interests of the Government (31 U.S.C. 

3726). The law also provides the 

Administrator the power to conduct 

prepayment or postpayment audits of 

transportation bills of any Federal 

agency. GSA has codified these 

requirements in 41 CFR part 102–118, 

Transportation Payment and Audit 

(Federal Management Regulation (FMR) 

part 102–118). 

Certain other statutes collectively 

empower the Administrator to create 

regulations governing various aspects of 

Federal procurement for transportation, 

ensuring compliance with Federal laws, 

and promoting the efficient use of 

Government resources. These include 

40 U.S.C. 501, which grants the 

Administrator the authority to establish 

regulations for executive agencies 

regarding the procurement and supply 

of personal property, nonpersonal 

services, and related functions, 

including transportation and 

transportation services. Additionally, 49 

U.S.C. 40118 authorizes the 

Administrator to prescribe regulations 

allowing agencies to expend 

appropriations for transportation in 

violation of the requirements of said 

section. 

GSA last amended FMR part 102–118 

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

perform editorial and technical changes. 

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. 

This final rule modifies definitions 

that apply to this part, which include 

incorporating 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 

have been 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), have been removed from 

the definitions section because the 

terms are not utilized in this part. 

Additionally, some definitions have 

been amended to enhance clarity 

including the terms cash, Government 

contractor-issued charge card, and 

offset. GSA updated the definition of a 

Government contractor-issued charge 

card and introduced a new definition 

for an individually billed travel card. 

This change was made to define and 

explain the distinction between the two 

types of charge cards that the 

Government may use to procure 

transportation. The revised definitions 

clarify agency responsibilities, thereby 

significantly reducing ambiguity and the 

potential for non-compliance. 

This final rule continues to improve 

upon the changes introduced in the 

aforementioned direct final rule 

published on May 31, 2022. That rule 

eliminated unnecessary procedures for 

agencies to request GBL and 

Government Transportation Request 

(GTR) forms, along with their 

corresponding control numbers. GSA 

has amended this FMR part to 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. 

With the publication of this rule, GSA 

grants agencies discretion in using a 

GBL for domestic shipping. Agencies, 

and not GSA, are responsible for 

maintaining physical control and 

accountability of the GBLs they issue. In 

its present form, this FMR part restricts 

the use of a GBL to international 

shipments, however GSA acknowledges 

that agencies might occasionally need to 

issue a GBL for domestic shipments. 

Therefore, since agencies are obligated 

to manage the GBLs they issue, they 

should have the flexibility to decide 

when using a GBL is necessary to fulfill 

their mission. Providing Federal 

agencies with the latitude to issue GBLs 

when it is mission-essential enhances 

their ability to respond promptly and 

efficiently to critical needs, ensures 

better control and oversight of 

transportation processes, optimizes 

resource use, and can result in cost 

savings and legal protections. This 

flexibility is crucial for maintaining the 

effectiveness and efficiency of Federal 

operations, especially in times of 

urgency. Additionally, GSA clarifies 

that a bill of lading can be used to 

procure both transportation and 

transportation services. 

This 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 revised regulation now 

requires agencies to send copies of rates 

provided by pipeline carriers as well. 

GSA corrected information including 

legal references related to actions by and 

against the Government. The revised 

information now lists proper authorities 

and deadlines for filing freight charges, 

loss and damage claims, and filing 

claims against a TSP for the collection 

of overcharges. 

Lastly, GSA has removed gender 

pronouns from this FMR part. The 

removal of gender pronouns promotes 

inclusivity and modernizes the language 

of the regulation. 

II. Discussion of the Final Rule 

A. Summary of Significant Changes 

This final rule provides agencies with 

additional clarification on the role of the 

TAMS and its benefit to TSPs, 

specifically when filing certain claims. 

It also outlines the circumstances under 

which Federal agencies use the TAMS. 

Additionally, when agencies submit 

their paid transportation invoices and 

other documentation through the 

TAMS, it allows the GSA 

Transportation Audits Division to 


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maintain and store these transportation 

records in accordance with the General 

Records Schedule. 

The GSA Transportation Audits 

Division maintains a central repository 

of electronic transportation billing 

records for legal and auditing purposes. 

Therefore, to comply with the Office of 

Management and Budget Memorandum 

M–23–07, GSA now requires agencies to 

submit their payment documentation for 

a post payment audit via the TAMS. 

Other documents that may need to be 

sent to GSA Transportation Audits 

Division will only be accepted 

electronically via email. Consequently, 

physical mailing addresses have been 

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. TSPs 

are also permitted to use the TAMS to 

file a claim with the GSA 

Transportation Audits Division; 

however, its use by TSPs is not 

required. It is also important to note that 

as of July 2022, all department level 

agencies were compliant with this 

requirement, therefore mandating this 

requirement should have no additional 

effect on agency procedures. 

GSA has also included updated 

regulatory language addressing the 

agency’s role in adjudicating disputes 

arising from audits of transportation 

bills. The Administrator of GSA has the 

authority to ‘‘adjudicate transportation 

claims which cannot be resolved by the 

agency procuring the transportation 

services, or the carrier or freightforwarder presenting the bill’’ (31 U.S.C. 

3726(c)). GSA acknowledges that its 

notice of proposed rulemaking (89 FR 

12296, February 16, 2024) did not 

expressly state that such authority is 

limited to ‘‘transportation claims which 

cannot be resolved by the agency 

procuring the transportation services, or 

the carrier or freight-forwarder 

presenting the bill.’’ 31 U.S.C. 3726(c). 

Upon further review of the statute and 

other relevant factors, including judicial 

decisions interpreting these provisions, 

GSA has updated the regulatory text in 

this final rule to accurately reflect the 

statutory text. 

GSA’s procedures for performing an 

audit are incorporated in subpart F of 

this FMR part and apply to all 

procurement vehicles and methods 

available to agencies to procure 

transportation and transportation 

services. This language is included for 

clarity, creates no additional cost, and 

requires no additional effort by the TSP. 

B. Analysis of Public Comments 

In the proposed rule published at 89 

FR 12296 on February 16, 2024, GSA 

provided the public a 60-day comment 

period which ended on April 16, 2024. 

GSA received one timely comment, 

which is from an anonymous source. As 

a result of the comment, minor changes 

were made from the proposed rule to 

the final rule. 

Comment: ‘‘I agree that a change is 

needed to § 102–118.460(a)(5) [sic] 

because the current reference is 

incorrect however I think the timeline 

for filing a claim with the court should 

remain at 1 year.’’ 

Response: After review, GSA restored 

the time limit in the ‘‘loss and damage’’ 

column of § 102–118.460(a)(5) to 1-year. 

Only the legal references have been 

revised in this section. 

In addition, GSA received an 

untimely comment from Crowley 

Maritime Services. In the comment, 

Crowley requested that the agency 

‘‘extend’’ the comment period, but 

Crowley provided no explanation as to 

why an extension would be appropriate. 

GSA therefore declines to consider the 

late-filed comment. GSA also notes that 

Crowley’s comment primarily concerns 

the scope of the agency’s disputeresolution authority. This rule’s 

discussion of that authority is consistent 

with the relevant statutory language. See 

31 U.S.C. 3726. 

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 rule is not a 

significant regulatory action, and 

therefore, is not subject to review 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 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 was not performed. 

VI. 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 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. 

Robin Carnahan, 

Administrator, General Services 

Administration. 

For the reasons set forth in the 

preamble, GSA amends 41 CFR part 

102–118 as follows: 

PART 102–118—TRANSPORTATION 

PAYMENT AND AUDIT 

■ 1. 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); 40 U.S.C. 501, et seq.; 46 U.S.C. 

55305; 49 U.S.C. 40118. 


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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations 93195 

§ 102–118.25 [Amended] 

■ 2. Amend § 102–118.25 by removing 

‘‘may request’’ and adding ‘‘is required’’ 

in its 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. Removing the definitions of 

‘‘Electronic data interchange’’ and 

‘‘Government contractor-issued charge 

card’’ and adding the definitions of 

‘‘Electronic data interchange (EDI)’’ and 

‘‘Government contractor issued charge 

card’’ in their places, respectively; 

■ 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, in alphabetical order, 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, in alphabetical order, 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. 

* * * * * 

Electronic data interchange (EDI) 

means electronic techniques for carrying 

out transportation transactions using 

electronic transmissions of the 

information between computers instead 

of paper documents. These electronic 

transmissions must use established and 

published formats and codes as 

authorized by the applicable Federal 

Information Processing Standards. 

* * * * * 

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 

‘‘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 ‘‘Government 

contractor issued charge card, purchase 

order (or electronic equivalent), or a bill 

of lading including a Government bill of 

lading’’ in its place; and 

■ b. In paragraph (b), removing 

‘‘Government issued charge card (or 

centrally billed travel account citation), 

Government issued individual travel 

charge card, personal charge card,’’ and 

adding ‘‘Government contractor issued 

charge card, centrally billed travel 

account, personal charge/credit card,’’ 

in its place. 

■ 5. Amend § 102–118.45 by revising 

paragraphs (a)(1)(i) and (a)(3)(i) and (ii) 

to read as follows: 

§ 102–118.45 How does a transportation 

service provider (TSP) bill my agency for 

transportation and transportation services? 

* * * * * 

TRANSPORTATION SERVICE PROVIDER

BILLING

(a) Ordering method * * * * * 

(1)(i) Government contractor 

issued charge card; and ... * * * * * 

*****

(3)(i) Government contractor 

issued charge card (individually billed travel card); * * * * * 

(ii) Personal charge/credit 

card; and ........................... * * * * * 

*****

■ 6. Amend § 102–118.50 by: 

■ a. Revising paragraph (a); and 


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93196 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations 

■ b. In paragraph (c), removing ‘‘(31 

CFR part 208)’’. 

The revision reads as follows: 

§ 102–118.50 How does my agency pay for 

transportation services? 

* * * * * 

(a) Electronic funds transfer (EFT). 

Your agency is required by statute (31 

U.S.C. 3332, et seq.) to make all 

payments by EFT unless your agency 

receives a waiver from the Department 

of the Treasury. 

* * * * * 

■ 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 

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. 

■ 11. Amend § 102–118.150 by revising 

paragraph (a) to read as follows: 

§ 102–118.150 What are the major 

mandatory terms and conditions governing 

the use of passenger transportation 

documents? 

* * * * * 

(a) Government travel must be via the 

lowest cost available that meets travel 

requirements (e.g., Government 

contract, fare, through, excursion, or 

reduced one way or round trip fare); 

* * * * * 

■ 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. 

■ 14. Amend § 102–118.260 by revising 

paragraph (a) 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 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 revision reads 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 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 ‘‘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 ‘‘via TAMS (https://

tams.gsa.gov), or by email to 

Audit.Policy@gsa.gov’’ in its place. 

■ 17. Amend § 102–118.425 by revising 

the section heading and 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). 

* * * * * 

■ 18. Amend § 102–118.430 by: 

■ a. Revising paragraph (f); and 

■ b. In paragraph (g), removing the 

second and third sentences. 

The revision reads as follows: 

§ 102–118.430 What is the process the 

GSA Transportation Audits Division 

employs to conduct a postpayment audit? 

* * * * * 

(f) Issues a Notice of Overcharge 

stating that a TSP owes a debt to the 

agency; and 

* * * * * 

§ 102–118.435 [Amended] 

■ 19. Amend § 102–118.435 by, in 

paragraph (a)(7), removing ‘‘freight or 

passenger’’ and adding ‘‘all’’ in its place. 

§ 102–118.440 [Amended] 

■ 20. Amend § 102–118.440 by, in the 

second sentence, removing ‘‘type’’ and 

adding ‘‘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 with the 

GSA Transportation Audits Division against 

my agency? 

The time limits on a TSP 

transportation claim against the 

Government differ by mode as shown in 

the following table: 


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TIME LIMITS ON ACTIONS TAKEN BY TSP 

Mode Freight charges Statute 

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

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

(c) Freight forwarders (subject to 49 U.S.C. chapter 135) .... 3 years .................... 49 U.S.C. 14705(f). 

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

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

(f) Water (subject to 49 U.S.C. chapter 135) ......................... 3 years .................... 49 U.S.C. 14705(f). 

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

(h) TSPs not specified in paragraphs (a) through (g) of this 

section.

6 years .................... 28 U.S.C. 2401, 2501. 

■ 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 

49 U.S.C. 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 49 U.S.C. 

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 49 U.S.C. 

chapter 135).

6 years. 28 U.S.C. 2415 ............... 3 years. 46 U.S.C. 41301 ............. 1 year; Carriage of Goods By Sea 

Act, 46 USC 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 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. 

(2) [Reserved].

■ 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. 

* * * * * 

■ 26. Amend § 102–118.510 by: 

■ a. Revising the section heading; and 

■ b. Removing ‘‘GSA Form 7931’’ and 

adding ‘‘Certificate of Settlement’’ in its 

place. 

The revision reads as follows: 

§ 102–118.510 Can my agency revise or 

alter a Certificate of Settlement? 

* * * * * 

■ 27. Revise § 102–118.540 to read as 

follows: 

§ 102–118.540 Who has the authority to 

audit and settle bills for all transportation 

services provided for my agency? 

(a) The Administrator of GSA has the 

authority and responsibility to audit and 

settle all transportation bills. The 

number and types of bills audited shall 

be based on the Administrator’s 

judgment (31 U.S.C. 3726(b)). The 

Administrator has authority to 

administratively adjudicate 

transportation claims which cannot be 

resolved by the agency procuring the 

transportation services, or the carrier or 

freight-forwarder presenting the bill 

pursuant to 31 U.S.C. 3726(c). 

(b) The Administrator has delegated 

the responsibility set out in paragraph 


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93198 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations 

(a) of this section 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. 

■ 29. Amend § 102–118.550 by revising 

the section heading to read as follows: 

§ 102–118.550 How does a TSP file a claim 

using EDI or other electronic means? 

* * * * * 

■ 30. Amend § 102–118.555 by: 

■ a. Revising the section heading; and 

■ b. Removing ‘‘administrative’’ from 

the first sentence. 

The revision reads as follows: 

§ 102–118.555 Can a TSP file a 

supplemental claim? 

* * * * * 

■ 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. 

■ 32. Amend § 102–118.565 by: 

■ a. Revising the section heading; and 

■ b. Removing ‘‘An administrative 

claim’’ and adding ‘‘A claim’’ in its 

place. 

The revision reads as follows: 

§ 102–118.565 What documentation is 

required when filing a claim? 

* * * * * 

■ 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. Revise § 102–118.630 to 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 

the ‘‘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. 2024–27552 Filed 11–25–24; 8:45 am] 

BILLING CODE 6820–14–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–117 

[FMR Case 2024–03; Docket No. GSA–FMR– 

2024–0015; Sequence No. 1] 

Federal Management Regulation; 

Updating Transportation Management, 

With Diversity, Equity, Inclusion, and 

Accessibility Language 

AGENCY: Office of Government-wide 

Policy (OGP), General Services 

Administration (GSA). 

ACTION: Final rule. 

SUMMARY: The United States General 

Services Administration (GSA) is 

issuing a final rule amending the 

Federal Management Regulation (FMR). 

This amendment introduces changes 

specific to Transportation Management. 

Following a comprehensive review, 

GSA decided to eliminate the use of 

gendered pronouns in this FMR part. 

The modifications aim to ensure the 

language aligns with the principles of 

inclusivity, particularly concerning 

gender, and to further incorporate 

language that supports diversity, equity, 

inclusivity, and accessibility. These 

changes are grammatical and technical 

in nature and will not result in 

additional costs or related policy 

changes for agencies. 

DATES: This final rule is effective on 

November 26, 2024. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ron Siegel, Policy Analyst, at 202–702– 

0840 or gsa-ogp-transportationpolicy@;

gsa.gov 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 2024–03’’. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Executive Order (E.O.) 13988, 

Preventing and Combating 

Discrimination on the Basis of Gender 

Identity or Sexual Orientation, dated 

January 20, 2021, establishes a policy 

‘‘to prevent and combat discrimination 

on the basis of gender identity or sexual 

orientation, and to fully enforce Title 

VII and other laws that prohibit 

discrimination on the basis of gender 

identity or sexual orientation.’’ 

The Federal Government must be a 

model for diversity, equity, inclusion, 


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