Federal Management Regulation; Transportation Management, 51392-51395 [2010-20604]

Download as PDF 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: ■ * * * * * * * 3. In § 180.930, the table is amended by adding alphabetically the following inert ingredient to read as follows: Inert ingredients * * * * 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] jdjones on DSK8KYBLC1PROD with RULES 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 VerDate Mar<15>2010 18:27 Aug 19, 2010 Jkt 220001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 * * Solvent, surfactant * § 180.930 Inert ingredients applied to animals; exemptions from the requirement of a tolerance. * * * * * Uses * * ................................... * * GENERAL SERVICES ADMINISTRATION ENVIRONMENTAL PROTECTION AGENCY * Limits * * 2-methyl-1,3-propanediol (CAS Reg. No. 2163–42–0) * * BILLING CODE 6560–50–S * Uses * * ................................... * * ■ [FR Doc. 2010–20581 Filed 8–19–10; 8:45 am] * Limits * * 2-methyl-1,3-propanediol (CAS Reg. No. 2163–42–0) * * * § 180.910 Inert Ingredients used pre- and post-harvest; exemptions from the requirement of a tolerance. * Inert ingredients * 2. In § 180.910, the table is amended by adding alphabetically the following inert ingredient to read as follows: ■ PART 180—[AMENDED] * Solvent, surfactant * 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 E:\FR\FM\20AUR1.SGM 20AUR1 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: ■ ■ § 102–117.25 part? What definitions apply to this jdjones on DSK8KYBLC1PROD with RULES * * * * * 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. * * * * * 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 VerDate Mar<15>2010 14:03 Aug 19, 2010 Jkt 220001 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) * * * * * * * * ■ 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; * * * * * (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: ■ ■ 51393 § 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. 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: ■ ■ § 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. * * * * * ■ 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? * * * * * (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. 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: ■ ■ § 102–117.85 What is the difference between a Government bill of lading (GBL) and a bill of lading? * 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: * * * * (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. * * * * * ■ 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? * * * * (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. ■ ■ PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 * You may use the Government bill of lading (GBL) only for international E:\FR\FM\20AUR1.SGM 20AUR1 51394 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: ■ ■ ■ § 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? * * * * * (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: 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? * * * * * 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: 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? * * * * * (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; * * * * * * * * * (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. § 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 14:03 Aug 19, 2010 Jkt 220001 18. Amend § 102–117.180 by revising paragraphs (b) and (c) to read as follows: ■ * § 102–117.115 How do I calculate total delivery costs? VerDate Mar<15>2010 [Amended] 17. Amend § 102–117.155 by adding ‘‘(800–987–3524 or www.cargo.marad@dot.gov)’’ after ‘‘MARAD’’. ■ * * * * (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 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 GBL. You only need an ocean bill of lading for door-to-door movements; and * * * * * ■ 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? * * * * * 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: ■ § 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. 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: http://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? * * * * * (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. ■ E:\FR\FM\20AUR1.SGM 20AUR1 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)? * * * * * (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 VerDate Mar<15>2010 14:03 Aug 19, 2010 Jkt 220001 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 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 http://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 E:\FR\FM\20AUR1.SGM 20AUR1

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

[[Page 51393]]

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.

0
For the reasons set forth in the preamble, GSA amends 41 CFR part 102-
117 as set forth below:

PART 102-117--TRANSPORTATION MANAGEMENT

0
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.


0
2. Amend Sec.  102-117.25 by--
0
a. Revising the definitions of the terms ``Accessorial charges'', 
``Agency'', ``Consignor'', ``Detention'', and ``Government bill of 
lading''; and
0
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) * * *
* * * * *

0
3. Amend Sec.  102-117.35 by--
0
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);
0
e. Amending paragraph (b)(3) by removing the period and adding ``; 
and''; and
0
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
0
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.


0
5. Amend Sec.  102-117.50 by--
0
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
0
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.


0
6. Amend Sec.  102-117.55 by--
0
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
0
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.
* * * * *

0
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.


0
8. Amend Sec.  102-117.85 by--
0
a. Removing from paragraph (a) ``1103 and 1203'' and adding ``1103 or 
1203'' in its place;
0
b. Revising paragraph (b);
0
c. Redesignating paragraph (c) as paragraph (d); and
0
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.
* * * * *

0
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

[[Page 51394]]

shipments (including domestic offshore shipments).


0
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).


0
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.


0
12. Amend Sec.  102-117.110 by--
0
a. Revising paragraph (f);
0
b. Amending paragraph (g) by removing the word ``and'' from the end of 
the sentence;
0
c. Removing from paragraph (h) the period and adding a semicolon in its 
place; and
0
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.


0
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.
0
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: 
cargo.marad@dot.gov.

    Note to Sec.  102-117.135(b): * * * They should be attached to 
the underlying ocean carrier bill of lading.



0
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: 
cargo.marad@dot.gov.


0
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]

0
17. Amend Sec.  102-117.155 by adding ``(800-987-3524 or 
www.cargo.marad@dot.gov)'' after ``MARAD''.


0
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
* * * * *

0
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).


0
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.


0
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]

0
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.
0
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.


0
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.


[[Page 51395]]



0
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]

0
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