Federal Management Regulation; Transportation Management, 51392-51395 [2010-20604]
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51392
Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Rules and Regulations
Dated: August 10, 2010.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
Therefore, 40 CFR chapter I is
amended as follows:
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3. In § 180.930, the table is amended
by adding alphabetically the following
inert ingredient to read as follows:
Inert ingredients
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41 CFR Part 102–117
[FMR Amendment 2010–03; FMR Case
2010–102–2; Docket Number 2010–0011,
sequence 1]
40 CFR Part 272
RIN 3090–AJ03
[EPA–R02–RCRA–2010–0249; FRL–9178–8]
New York: Incorporation by Reference
of State Hazardous Waste Management
Program
Correction
In rule document 2010–18927
beginning on page 45489 in the issue of
Tuesday, August 3, 2010, make the
following correction:
Appendix A to Part 272
[Corrected]
On page 45494, in Appendix A to Part
272, in the first column, in the second
paragraph ‘‘Note:’’ should read ‘‘1Note:’’.
[FR Doc. C1–2010–18927 Filed 8–19–10; 8:45 am]
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BILLING CODE 1505–01–D
Federal Management Regulation;
Transportation Management
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Final rule.
AGENCY:
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:
SUMMARY:
A. Background
Part 102–117 of the Federal
Management Regulation (FMR) (41 CFR
part 102–117, Transportation
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Solvent, surfactant
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§ 180.930 Inert ingredients applied to
animals; exemptions from the requirement
of a tolerance.
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Uses
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...................................
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GENERAL SERVICES
ADMINISTRATION
ENVIRONMENTAL PROTECTION
AGENCY
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Limits
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2-methyl-1,3-propanediol (CAS Reg. No. 2163–42–0)
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BILLING CODE 6560–50–S
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Uses
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[FR Doc. 2010–20581 Filed 8–19–10; 8:45 am]
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Limits
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2-methyl-1,3-propanediol (CAS Reg. No. 2163–42–0)
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§ 180.910 Inert Ingredients used pre- and
post-harvest; exemptions from the
requirement of a tolerance.
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Inert ingredients
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2. In § 180.910, the table is amended
by adding alphabetically the following
inert ingredient to read as follows:
■
PART 180—[AMENDED]
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Solvent, surfactant
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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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Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Rules and Regulations
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.
For the reasons set forth in the
preamble, GSA amends 41 CFR part
102–117 as set forth below:
■
PART 102–117—TRANSPORTATION
MANAGEMENT
1. The authority citation for 41 CFR
part 102–117 continues to read as
follows:
■
Authority: 31 U.S.C. 3726; 40 U.S.C. 481,
et seq.
2. Amend § 102–117.25 by—
a. Revising the definitions of the terms
‘‘Accessorial charges’’, ‘‘Agency’’,
‘‘Consignor’’, ‘‘Detention’’, and
‘‘Government bill of lading’’; and
■ b. Amending the term ‘‘Hazardous
material’’ by adding ‘‘(HAZMAT)’’ to
read as follows:
■
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§ 102–117.25
part?
What definitions apply to this
jdjones on DSK8KYBLC1PROD with RULES
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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, reconsignment, 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.
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Consignor, also referred to as the
shipper, is the person or firm that ships
freight or household goods to a
consignee.
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Detention is the penalty charge to an
agency for delaying the agreed time to
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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.
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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.
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Hazardous material (HAZMAT) * * *
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■ 3. Amend § 102–117.35 by—
■ a. Removing from paragraph (a)(2) the
word ‘‘and’’;
■ b. Removing from paragraph (a)(3) the
period and adding ‘‘; and’’ in its place;
■ c. Adding paragraph (a)(4);
■ d. Revising paragraph (b)(2);
■ e. Amending paragraph (b)(3) by
removing the period and adding ‘‘; and’’;
and
■ f. Adding paragraph (b)(4).
The added and revised text reads as
follows:
§ 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;
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(4) Rates are not cost effective, as
determined by the agency.
4. Amend § 102–117.45 by—
a. Removing from paragraph (b) the
word ‘‘and’’;
■ b. Removing from paragraph (c) the
period and adding ‘‘; and’’; and
■ c. Adding paragraph (d) to read as
follows:
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§ 102–117.50 What are the advantages and
disadvantages of contracting directly with a
TSP under the FAR?
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(b) * * *
(3) Do not have the manpower to
monitor quality control and administer
a contract.
6. Amend § 102–117.55 by—
a. Removing from paragraph (a)(1) the
word ‘‘or’’;
■ b. Removing from paragraph (a)(2) the
period and adding ‘‘; or’’ in its place; and
■ c. Adding paragraph (a)(3) to read as
follows:
■
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§ 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 § 102–117.65, paragraph (f),
by revising the mailing address and Web
site to read as follows:
§ 102–117.65 What terms and conditions
must all rate tenders or contracts include?
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(f) * * *
General Services Administration,
Office of Travel and Transportation
Services, Transportation Audit Division
(QMCA), 2200 Crystal Drive, Room 300,
Arlington, VA 22202, https://
www.gsa.gov/transaudits.
8. Amend § 102–117.85 by—
a. Removing from paragraph (a) ‘‘1103
and 1203’’ and adding ‘‘1103 or 1203’’ in
its place;
■ b. Revising paragraph (b);
■ c. Redesignating paragraph (c) as
paragraph (d); and
■ d. Adding a new paragraph (c) to read
as follows:
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§ 102–117.85 What is the difference
between a Government bill of lading (GBL)
and a bill of lading?
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5. Amend § 102–117.50 by—
a. Removing from paragraph (b)(1) the
word ‘‘or’’;
■ b. Removing from paragraph (b)(2) the
period and adding ‘‘; or’’ in its place; and
■ c. Adding paragraph (b)(3) to read as
follows:
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(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 § 102–117.90 to read as
follows:
§ 102–117.90 May I use a U.S. Government
bill of lading (GBL) to acquire freight,
household goods or other related
transportation services?
§ 102–117.45 What other factors must I
consider when using another agency’s
contract or rate tender?
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(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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You may use the Government bill of
lading (GBL) only for international
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Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Rules and Regulations
shipments (including domestic offshore
shipments).
10. Revise § 102–117.95 to read as
follows:
■
§ 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
§ 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).
11. Revise § 102–117.105 to read as
follows:
■
§ 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.
12. Amend § 102–117.110 by—
a. Revising paragraph (f);
b. Amending paragraph (g) by
removing the word ‘‘and’’ from the end
of the sentence;
■ c. Removing from paragraph (h) the
period and adding a semicolon in its
place; and
■ d. Adding paragraphs (i) and (j) to
read as follows:
■
■
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§ 102–117.110
service?
What is satisfactory
*
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.
■ 14. Amend § 102–117.135 by revising
the address and Web site in paragraph
(b), and adding a sentence at the end of
the Note to § 102–117.135 (b) to read as
follows:
§ 102–117.135 What are the international
transportation restrictions?
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(b) * * *
Department of Transportation,
Maritime Administration, Office of
Cargo Preference, 1200 New Jersey Ave.
SE., Washington, DC 20590, https://
marad.dot.gov/. Tel. 1–800–987–3524.
E-mail: cargo.marad@dot.gov.
Note to § 102–117.135(b): * * * They
should be attached to the underlying ocean
carrier bill of lading.
15. Amend § 102–117.140 by revising
the address and Web site at the end of
the paragraph to read as follows:
■
§ 102–117.140
What is cargo preference?
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Department of Transportation,
Maritime Administration, Office of
Cargo Preference, 1200 New Jersey Ave.,
SE., Washington, DC 20590, https://
marad.dot.gov/. Tel. 1–800–987–3524.
E-mail: cargo.marad@dot.gov.
16. Amend § 102–117.150 by revising
paragraph (a) to read as follows:
■
§ 102–117.150 What do I need to know
about coastwise laws?
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(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;
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(f) Record of past performance of the
TSP, including accuracy of billing and
past performance record with
Government agencies;
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(i) The TSP’s safety record; and
(j) The TSP’s loss and damage record,
including claims resolution.
§ 102–117.155
13. Revise § 102–117.115 to read as
follows:
§ 102–117.180 What transportation
documents must I use to ship freight?
jdjones on DSK8KYBLC1PROD with RULES
■
You calculate total delivery costs for
a shipment by considering all costs
related to the shipping or receiving
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18. Amend § 102–117.180 by revising
paragraphs (b) and (c) to read as follows:
■
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§ 102–117.115 How do I calculate total
delivery costs?
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[Amended]
17. Amend § 102–117.155 by adding
‘‘(800–987–3524 or
www.cargo.marad@dot.gov)’’ after
‘‘MARAD’’.
■
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(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
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GBL. You only need an ocean bill of
lading for door-to-door movements; and
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■ 19. Amend § 102–117.240 by revising
the note at the end of the section to read
as follows:
§ 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?
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Note to § 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).
20. Amend § 102–117.300 by revising
paragraph (b) to read as follows:
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§ 102–117.300 Do the decisions on
temporary nonuse, suspension and
debarment go beyond the agency?
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(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 https://
www.epls.gov.
21. Revise § 102–117.315 to read as
follows:
■
§ 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:
https://www.epls.gov in accordance with
the provisions of 48 CFR 9.404(c).
102–117.335
[Amended]
22. Amend § 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.
■ 23. Amend § 102–117.340, paragraph
(b), by revising the mailing address to
read as follows:
■
§ 102–117.340 What other types of
assistance may GSA provide agencies in
dealing with regulatory bodies?
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*
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*
(b) * * *
General Services Administration,
Office of Travel and Transportation
Services, Center for Transportation
Management (QMCC), 2200 Crystal
Drive, Rm. #3042, Arlington, VA 20406.
24. Amend § 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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Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Rules and Regulations
25. Amend § 102–117.355 by revising
paragraph (b) to read as follows:
■
§ 102–117.355 What is the
Governmentwide Transportation Policy
Council (GTPC)?
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(b) Provides assistance to your agency
with the requirement to report your
transportation activity to GSA (see
§ 102–117.345).
§ 102–117.360
[Amended]
26. Amend § 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
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Chapter XXV
RIN 3045–AA51
AmeriCorps National Service Program
Corporation for National and
Community Service.
ACTION: Final rule.
AGENCY:
The Corporation for National
and Community Service (‘‘the
Corporation’’) is issuing rules to
implement changes to the operation of
the National Service Trust as directed
by the Edward M. Kennedy Serve
America Act (‘‘the Serve America Act’’
or ‘‘SAA’’). In addition, this rule
provides flexibility for exceptions to the
80 percent cost reimbursement
requirement for Senior Companion and
Foster Grandparent programs based on
hardship. Finally, this rule reorders and
renumbers certain parts of the existing
regulations, adds new definitions, and
makes several minor technical edits.
DATES: This final rule is effective
September 20, 2010, except for the
amendments to §§ 2522.220, 2522.230,
2522.235, and 2522.240, which are
effective August 20, 2010.
FOR FURTHER INFORMATION CONTACT:
Amy Borgstrom, Docket Manager,
Corporation for National and
Community Service, (202) 606–6930,
TDD (202) 606–3472. Persons with
visual impairments may request this
rule in an alternate format.
SUPPLEMENTARY INFORMATION:
jdjones on DSK8KYBLC1PROD with RULES
SUMMARY:
List of Topics
I. Background
II. Public Comments
III. Specifics of Final Rule and Analysis of
Comments
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14:03 Aug 19, 2010
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A. Definitions
B. Eligibility to Receive an Education
Award
C. Successful Completion of a Term of
Service
D. Partial Awards for Release for
Compelling Personal Circumstances
E. Limitation on Amount of Award
Disbursed to Institution of Higher
Education
F. Use of Education Award for a Program
of Education Approved by the Secretary
of Veterans Affairs
G. Payment of Accrued Interest
H. Amount of AmeriCorps Education
Award
I. Amount of Silver Scholar and Summer
of Service Education Awards
J. Limitation on Value of Education
Awards Received
K. Impact of Aggregate Value of Education
Awards Received
L. Transfer of Education Awards
M. Periods of Availability for Silver
Scholar, Summer of Service, and
Transferred Education Awards
N. Certifications of Successful Completion
of Terms of Service
O. Effect of Erroneous Certifications of
Successful Completion of Terms of
Service
P. Public Service Loan Forgiveness and
AmeriCorps
Q. Term Limits for AmeriCorps State and
National
R. Selection Criteria Sub-Categories for
AmeriCorps State and National
S. Applications for the Same Project
T. Pre-Approval of Formula Programs
U. Hardship Waiver Permitted for Cost
Reimbursement Requirement for Senior
Companion and Foster Grandparent
Programs.
IV. Summary of Redesignations
V. Effective Dates
VI. Non-Regulatory Issues
I. Background
On April 21, 2009, President Obama
signed into law the Edward M. Kennedy
Serve America Act (Serve America Act).
The Serve America Act reauthorizes and
expands national service programs
administered by the Corporation by
amending the National and Community
Service Act of 1990 (42 U.S.C. 12501 et
seq.) (NCSA) and the Domestic
Volunteer Service Act (42 U.S.C. 4950 et
seq.) (DVSA). The Corporation engages
more than five million Americans of all
ages and backgrounds in service each
year, including approximately 85,000
AmeriCorps members, nearly 500,000
Senior Corps volunteers, 1.5 million
Learn and Serve America students, and
three million additional community
volunteers mobilized and managed
through agency programs.
Section 6101 of the Serve America
Act authorizes the Chief Executive
Officer of the Corporation to issue such
regulations as may be necessary to carry
out the amendments required under the
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51395
Act. To fulfill that responsibility, on
September 10, 2009, the Corporation
issued an interim final rule to
implement time-sensitive changes to the
Corporation’s AmeriCorps State and
National, Senior Corps, and Learn and
Serve America program regulations. (74
FR 46495). The changes resulting from
the interim final rule were required as
a result of amendments to the NCSA
and DVSA by the Serve America Act,
which took effect for most purposes on
October 1, 2009.
In that rule, we stated our intention to
engage in full notice and comment
rulemaking to implement those
amendments mandated by the Serve
America Act that did not require
immediate regulatory action. This
rulemaking is the Corporation’s second
in a series to implement the
amendments mandated by the Serve
America Act. This rule primarily makes
amendments and additions to existing
regulations regarding the National
Service Trust, including limitations on
education award receipt, the available
uses of an education award, eligibility to
receive an education award, eligibility
to transfer an education award, and the
amount of an education award. This
rule also addresses the limitation on the
number of terms an individual may
serve in an AmeriCorps State and
National program. This rule adds
flexibility in managing match
requirements for Senior Companion and
Foster Grandparent programs facing
hardship. Finally, this rule makes
several technical corrections
inadvertently omitted from the interim
final rule, including an amendment to
the provision on pre-approval of
Subtitle C formula programs,
amendments to the AmeriCorps State
and National selection criteria, and an
amendment to include a reference to the
Department of Education’s new Public
Service Loan Forgiveness Program.
II. Public Comments
On February 23, 2010, the
Corporation published a proposed rule
in the Federal Register (75 FR 8013)
with a 60-day comment period. In
addition to accepting comments in
writing through e-mail and through
https://www.regulations.gov, the
Corporation held four conference calls.
During the public comment period, the
Corporation received over 400
comments on the proposed rule from
grantees, the Corporation’s Inspector
General, and other interested parties.
Over half of the comments received
recommended changes to the rule that
are not currently authorized by statute,
including expanding the types of people
who can transfer and receive education
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]]>Agencies
[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Rules and Regulations]
[Pages 51392-51395]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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'';
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b. Removing from paragraph (a)(3) the period and adding ``; and'' in
its place;
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c. Adding paragraph (a)(4);
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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.
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4. Amend Sec. 102-117.45 by--
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a. Removing from paragraph (b) the word ``and'';
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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'';
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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'';
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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, https://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,
https://marad.dot.gov/. Tel. 1-800-987-3524. E-mail:
cargo.marad@dot.gov.
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,
https://marad.dot.gov/. Tel. 1-800-987-3524. E-mail:
cargo.marad@dot.gov.
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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.cargo.marad@dot.gov)'' 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 https://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: https://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
