[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Rules and Regulations]
[Pages 51392-51395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20604]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-117
[FMR Amendment 2010-03; FMR Case 2010-102-2; Docket Number 2010-0011,
sequence 1]
RIN 3090-AJ03
Federal Management Regulation; Transportation Management
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is amending the
Federal Management Regulation (FMR) by updating its coverage on
transportation management. This final rule updates definitions and
corrects mailing and Web site addresses.
DATES: Effective Date: This final rule is effective August 20, 2010.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4041,
GS Building, Washington, DC 20405, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact Patrick O'Grady at (202) 208-4493. Please cite FMR
case 2010-102-2, Amendment 2001-03.
SUPPLEMENTARY INFORMATION:
A. Background
Part 102-117 of the Federal Management Regulation (FMR) (41 CFR
part 102-117, Transportation Management) was last reviewed and amended
in 2004. GSA collaborated with eight agencies to conduct a review and
determine if 41 CFR part 102-117 is still current and accurate. This
final rule reflects the changes recommended by GSA and the other eight
agencies.
B. Substantive changes
This final rule--
Revises the definitions of the following terms:
Accessorial charges, Agency, Consignor, Detention, Government Bill of
Lading; and
Revises addresses and Web sites for the GSA Federal
Acquisition Service (FAS) and other GSA business lines that were
reorganized, as well as the Department of Transportation, Maritime
Administration (MARAD).
C. Executive Order 12866
GSA has determined that this final rule is a significant regulatory
action for the purposes of Executive Order 12866.
D. 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., because the
revisions are not considered substantive. This final rule is also
exempt from the Regulatory Flexibility Act per 5 U.S.C. 553(a)(2)
because it applies to agency management.
E. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose information
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collection requirements that require the approval of the Office of
Management and Budget under 44 U.S.C. 3501.
F. Small Business Regulatory Enforcement Fairness Act
This final rule is exempt from Congressional review under 5 U.S.C.
801 since it relates solely to agency management and personnel.
List of Subjects in 41 CFR Part 102-117
Accounting, Claims, Reporting and recordkeeping requirements,
Transportation.
Dated: April 21, 2010.
Martha Johnson,
Administrator of General Services.
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For the reasons set forth in the preamble, GSA amends 41 CFR part 102-
117 as set forth below:
PART 102-117--TRANSPORTATION MANAGEMENT
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1. The authority citation for 41 CFR part 102-117 continues to read as
follows:
Authority: 31 U.S.C. 3726; 40 U.S.C. 481, et seq.
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2. Amend Sec. 102-117.25 by--
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a. Revising the definitions of the terms ``Accessorial charges'',
``Agency'', ``Consignor'', ``Detention'', and ``Government bill of
lading''; and
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b. Amending the term ``Hazardous material'' by adding ``(HAZMAT)'' to
read as follows:
Sec. 102-117.25 What definitions apply to this part?
* * * * *
Accessorial charges means charges that are applied to the base
tariff rate or base contract of carriage rate. Examples of accessorial
charges are:
(1) Bunkers, destination/delivery, container surcharges, and
currency exchange for international shipments.
(2) Inside delivery, redelivery, re-consignment, and demurrage or
detention for freight.
(3) Packing, unpacking, appliance servicing, blocking and bracing,
and special handling for household goods.
Agency means an executive department or independent establishment
in the executive branch of the Government, and a wholly owned
Government corporation.
* * * * *
Consignor, also referred to as the shipper, is the person or firm
that ships freight or household goods to a consignee.
* * * * *
Detention is the penalty charge to an agency for delaying the
agreed time to load or unload shipments by truck TSPs. It is also a
penalty charge in some ocean shipping contracts of carriage that take
effect after the demurrage time ends.
* * * * *
Government bill of lading (GBL) is the transportation document used
as a receipt of goods, evidence of title, and a contract of carriage
for Government international shipments.
* * * * *
Hazardous material (HAZMAT) * * *
* * * * *
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3. Amend Sec. 102-117.35 by--
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a. Removing from paragraph (a)(2) the word ``and'';
0
b. Removing from paragraph (a)(3) the period and adding ``; and'' in
its place;
0
c. Adding paragraph (a)(4);
0
d. Revising paragraph (b)(2);
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e. Amending paragraph (b)(3) by removing the period and adding ``;
and''; and
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f. Adding paragraph (b)(4).
The added and revised text reads as follows:
Sec. 102-117.35 What are the advantages and disadvantages of using
GSA's tender of service?
(a) * * *
(4) Use GSA's Transportation management and operations expertise.
(b) * * *
(2) You have sufficient time to follow FAR contracting procedures
and are in position to make volume or shipment commitments under a FAR
contract;
* * * * *
(4) Rates are not cost effective, as determined by the agency.
0
4. Amend Sec. 102-117.45 by--
0
a. Removing from paragraph (b) the word ``and'';
0
b. Removing from paragraph (c) the period and adding ``; and''; and
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c. Adding paragraph (d) to read as follows:
Sec. 102-117.45 What other factors must I consider when using another
agency's contract or rate tender?
* * * * *
(d) Ensure that the agency offering this service has the authority
or a delegation of authority from GSA to offer such services to your
agency.
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5. Amend Sec. 102-117.50 by--
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a. Removing from paragraph (b)(1) the word ``or'';
0
b. Removing from paragraph (b)(2) the period and adding ``; or'' in its
place; and
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c. Adding paragraph (b)(3) to read as follows:
Sec. 102-117.50 What are the advantages and disadvantages of
contracting directly with a TSP under the FAR?
* * * * *
(b) * * *
(3) Do not have the manpower to monitor quality control and
administer a contract.
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6. Amend Sec. 102-117.55 by--
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a. Removing from paragraph (a)(1) the word ``or'';
0
b. Removing from paragraph (a)(2) the period and adding ``; or'' in its
place; and
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c. Adding paragraph (a)(3) to read as follows:
Sec. 102-117.55 What are the advantages and disadvantages of using a
rate tender?
(a) * * *
(3) Are not in a position to make a definite volume and shipment
commitment under a FAR contract.
* * * * *
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7. Amend Sec. 102-117.65, paragraph (f), by revising the mailing
address and Web site to read as follows:
Sec. 102-117.65 What terms and conditions must all rate tenders or
contracts include?
* * * * *
(f) * * *
General Services Administration, Office of Travel and
Transportation Services, Transportation Audit Division (QMCA), 2200
Crystal Drive, Room 300, Arlington, VA 22202, http://www.gsa.gov/transaudits.
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8. Amend Sec. 102-117.85 by--
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a. Removing from paragraph (a) ``1103 and 1203'' and adding ``1103 or
1203'' in its place;
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b. Revising paragraph (b);
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c. Redesignating paragraph (c) as paragraph (d); and
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d. Adding a new paragraph (c) to read as follows:
Sec. 102-117.85 What is the difference between a Government bill of
lading (GBL) and a bill of lading?
* * * * *
(b) A GBL is used only for international shipments.
(c) A bill of lading, sometimes referred to as a commercial bill of
lading, establishes the terms of contract between a shipper and TSP. It
serves as a receipt of goods, a contract of carriage, and documentary
evidence of title.
* * * * *
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9. Revise Sec. 102-117.90 to read as follows:
Sec. 102-117.90 May I use a U.S. Government bill of lading (GBL) to
acquire freight, household goods or other related transportation
services?
You may use the Government bill of lading (GBL) only for
international
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shipments (including domestic offshore shipments).
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10. Revise Sec. 102-117.95 to read as follows:
Sec. 102-117.95 What transportation documents must I use to acquire
freight, household goods or other related transportation services?
(a) Bills of lading and purchase orders are the transportation
documents you use to acquire freight, household goods shipments, and
other transportation services. Terms and conditions in Sec. 102-117.65
and the ``U.S. Government Freight Transportation Handbook'' are still
required. For further information on payment methods, see part 102-118
of this chapter (41 CFR part 102-118).
(b) Government bills of lading (GBLs) are optional transportation
documents for international shipments (including domestic offshore
shipments).
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11. Revise Sec. 102-117.105 to read as follows:
Sec. 102-117.105 What does best value mean when routing a shipment?
Best value to your agency when routing a shipment means using the
mode or individual TSP that provides satisfactory service with the best
combination of service factors and price that meets the agency's
requirements. A lower price may not be the best value if the service
offered fails to meet the requirements of the shipment.
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12. Amend Sec. 102-117.110 by--
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a. Revising paragraph (f);
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b. Amending paragraph (g) by removing the word ``and'' from the end of
the sentence;
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c. Removing from paragraph (h) the period and adding a semicolon in its
place; and
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d. Adding paragraphs (i) and (j) to read as follows:
Sec. 102-117.110 What is satisfactory service?
* * * * *
(f) Record of past performance of the TSP, including accuracy of
billing and past performance record with Government agencies;
* * * * *
(i) The TSP's safety record; and
(j) The TSP's loss and damage record, including claims resolution.
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13. Revise Sec. 102-117.115 to read as follows:
Sec. 102-117.115 How do I calculate total delivery costs?
You calculate total delivery costs for a shipment by considering
all costs related to the shipping or receiving process, such as
packing, blocking, bracing, drayage, loading and unloading, and
transporting. Surcharges such as fuel, currency exchange, war risk
insurance, and other surcharges should also be factored into the costs.
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14. Amend Sec. 102-117.135 by revising the address and Web site in
paragraph (b), and adding a sentence at the end of the Note to Sec.
102-117.135 (b) to read as follows:
Sec. 102-117.135 What are the international transportation
restrictions?
* * * * *
(b) * * *
Department of Transportation, Maritime Administration, Office of
Cargo Preference, 1200 New Jersey Ave. SE., Washington, DC 20590,
http://marad.dot.gov/. Tel. 1-800-987-3524. E-mail:
[email protected].
Note to Sec. 102-117.135(b): * * * They should be attached to
the underlying ocean carrier bill of lading.
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15. Amend Sec. 102-117.140 by revising the address and Web site at the
end of the paragraph to read as follows:
Sec. 102-117.140 What is cargo preference?
* * * * *
Department of Transportation, Maritime Administration, Office of
Cargo Preference, 1200 New Jersey Ave., SE., Washington, DC 20590,
http://marad.dot.gov/. Tel. 1-800-987-3524. E-mail:
[email protected].
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16. Amend Sec. 102-117.150 by revising paragraph (a) to read as
follows:
Sec. 102-117.150 What do I need to know about coastwise laws?
* * * * *
(a) Goods transported entirely or partly by water between U.S.
points, either directly or via a foreign port, must travel in U.S. flag
vessels that have a coastwise endorsement;
* * * * *
Sec. 102-117.155 [Amended]
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17. Amend Sec. 102-117.155 by adding ``(800-987-3524 or
www.[email protected])'' after ``MARAD''.
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18. Amend Sec. 102-117.180 by revising paragraphs (b) and (c) to read
as follows:
Sec. 102-117.180 What transportation documents must I use to ship
freight?
* * * * *
(b) By land (international shipments), you may, but are not
required to, use the optional GBL;
(c) By ocean, use an ocean bill of lading, when suitable, along
with the GBL. You only need an ocean bill of lading for door-to-door
movements; and
* * * * *
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19. Amend Sec. 102-117.240 by revising the note at the end of the
section to read as follows:
Sec. 102-117.240 What is my agency's financial responsibility to an
employee who chooses to move all or part of his/her HHG under the
commuted rate system?
* * * * *
Note to Sec. 102-117.240: For information on how to ship
household goods, refer to the Federal Travel Regulation, 41 CFR part
302-7, Transportation and Temporary Storage of Household Goods and
Professional Books, Papers, and Equipment (PBP&E).
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20. Amend Sec. 102-117.300 by revising paragraph (b) to read as
follows:
Sec. 102-117.300 Do the decisions on temporary nonuse, suspension and
debarment go beyond the agency?
* * * * *
(b) Decisions on suspended or debarred TSPs do go beyond the agency
and are available to the general public on the Excluded Parties Lists
System (EPLS) maintained by GSA at http://www.epls.gov.
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21. Revise Sec. 102-117.315 to read as follows:
Sec. 102-117.315 Whom must I notify on suspension or debarment of a
TSP?
Agencies must report electronically any suspension or debarment
actions to the Excluded Parties List System: http://www.epls.gov in
accordance with the provisions of 48 CFR 9.404(c).
102-117.335 [Amended]
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22. Amend Sec. 102-117.335 by removing ``Office of Transportation and
Personal Property (MT)'' and adding ``Office of Travel, Transportation
and Asset Management (MT)'' in its place.
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23. Amend Sec. 102-117.340, paragraph (b), by revising the mailing
address to read as follows:
Sec. 102-117.340 What other types of assistance may GSA provide
agencies in dealing with regulatory bodies?
* * * * *
(b) * * *
General Services Administration, Office of Travel and
Transportation Services, Center for Transportation Management (QMCC),
2200 Crystal Drive, Rm. 3042, Arlington, VA 20406.
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24. Amend Sec. 102-117.345 by removing from paragraph (a) ``Currently,
there'' and adding the word ``There'' in its place, and by removing the
last sentence of the paragraph.
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25. Amend Sec. 102-117.355 by revising paragraph (b) to read as
follows:
Sec. 102-117.355 What is the Governmentwide Transportation Policy
Council (GTPC)?
* * * * *
(b) Provides assistance to your agency with the requirement to
report your transportation activity to GSA (see Sec. 102-117.345).
Sec. 102-117.360 [Amended]
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26. Amend Sec. 102-117.360 by removing ``Office of Transportation and
Personal Property (MT)'' and adding ``Office of Travel, Transportation
and Asset Management (MT)'' in its place.
[FR Doc. 2010-20604 Filed 8-19-10; 8:45 am]
BILLING CODE 6820-14-P