Federal Management Regulation (FMR); Restrictions on International Transportation of Freight and Household Goods, 36723-36725 [2013-14531]
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Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
this document. These comments will be
considered before taking final action.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely proposes to approve state
law as meeting Federal requirements
and does not impose additional
requirements beyond those imposed by
state law. For that reason, this proposed
action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule,
pertaining to Philadelphia County’s
RACT under the 1997 8-hour ozone
NAAQS, does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
VerDate Mar<15>2010
18:01 Jun 18, 2013
Jkt 229001
2000), because the SIP is not approved
to apply in Indian country located in the
state, and EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 3, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013–14519 Filed 6–18–13; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–117
[FMR Case 2012–102–5; Docket 2012–0017,
Sequence 1]
RIN 3090–AJ34
Federal Management Regulation
(FMR); Restrictions on International
Transportation of Freight and
Household Goods
Office of Governmentwide
Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: GSA is proposing to amend
the Federal Management Regulation
(FMR) provisions pertaining to the use
of United States air carriers for cargo
under the provisions of the ‘‘Fly
America Act.’’ This proposed rule
would additionally update the current
provisions in the FMR regarding the
Cargo Preference Act of 1954, as
amended. Also, this proposed rule
would amend the Federal Management
Regulation (FMR) to state clearly that
this part applies to all agencies and
wholly-owned Government corporations
except where otherwise expressly
provided.
Interested parties should submit
comments in writing on or before July
19, 2013 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments in
response to FMR Case 2012–102–5 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FMR Case 2012–102–5,’’
select the link ‘‘Submit a Comment’’
that corresponds with ‘‘FMR case 2012–
DATES:
PO 00000
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36723
102–5.’’ Follow the instructions
provided at the ‘‘Submit a Comment’’
screen. Please include your name,
company name (if any), and ‘‘FMR Case
2012–102–5’’ on your attached
document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers, 1275
First Street NE., 7th Floor, Washington,
DC 20417. Instructions: Please submit
comments only and cite FMR Case
2012–102–5, in all correspondence
related to this case. All comments
received will be posted without change
to https://www.regulations.gov, including
any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat at 202–501–4755,
for information pertaining to status or
publication schedules. For clarification
of content, contact Ms. Lee Gregory,
Office of Governmentwide Policy, at
202–501–1533 or email at
lee.gregory@gsa.gov. Please cite FMR
case 2012–102–5.
SUPPLEMENTARY INFORMATION:
This proposed rule, if adopted, would
inform readers where to find additional
information regarding bilateral or
multilateral air transport agreements, to
which the United States Government
and the government of a foreign country
are parties, and which the Department
of Transportation has determined meets
the requirements of the Fly America
Act.
As these agreements qualify as
exceptions to the use of U.S. flag air
carrier service mandated by FMR
section 102–117.135(a), this proposed
rule, if adopted, would advise of an
Internet-based source of information
regarding the use of foreign air carriers
under the terms of these bilateral or
multilateral agreements. Additionally,
this proposed rule would incorporate
language regarding other exceptions to
the Fly America Act and would more
clearly define who would be subject to
the provisions implementing the Fly
America Act and the Cargo Preference
Act.
A. Background
The Fly America Act, 49 U.S.C.
40118, requires the use of United States
air carrier service for all air cargo
transportation services funded by the
United States Government. The
requirements of the Fly America Act
apply whenever the air transportation of
the cargo is funded by the U.S.
Government. One exception to this
requirement is transportation provided
under a bilateral or multilateral air
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Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Proposed Rules
transport agreement, to which the
United States Government and the
government of a foreign country are
parties, and which the Department of
Transportation has determined meets
the requirements of the Fly America
Act.
The United States Government has
entered into several air transport
agreements that allow Federally-funded
transportation services for cargo
movements to use foreign air carriers
under certain circumstances. For
example, on April 25 and April 30,
2007, the United States-European Union
(EU) Air Transport Agreement (U.S.-EU
Agreement) was signed, providing EU
air carriers the right to transport cargo,
including household goods, on
scheduled and charter flights funded by
the United States Government
(excluding transportation funded by the
Secretary of Defense or in the Secretary
of a military department), between any
point in the United States and any point
in an EU Member State or between any
two points outside the United States for
which a U.S. Government civilian
Department, Agency, or instrumentality
(1) obtains the transportation for itself or
in carrying out an arrangement under
which payment is made by the U.S.
Government or payment is made from
amounts provided for use of the U.S.
Government; or (2) provides
transportation to or for a foreign country
or international or other organization
without reimbursement.
The United States Government and
the European Union amended the U.S.EU Agreement with a Protocol signed on
June 24, 2010. In the amended
agreement, the United States further
extended the rights of EU air carriers to
transport cargo on scheduled and
charter flights funded by the United
States Government between any point in
the United States and any point outside
the United States, or between any two
points outside the United States.
Norway and Iceland joined the U.S.-EU
Air transportation agreement as
amended by the Protocol on June 21,
2011, granting carriers from those
countries the same rights.
The United States has air transport
agreements with Australia, Switzerland,
and Japan, which allow carriers from
those countries to transport cargo
subject to the Fly America Act between
their respective home countries and the
United States and between two points
outside the United States. The
provisions in the agreements with
Australia and Switzerland became
effective on October 1, 2008. The
provisions in the agreement with Japan
took effect on October 1, 2011.
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The United States previously entered
into an agreement with Saudi Arabia
regarding Federally-funded
transportation services for cargo
movements under which Saudi Arabian
air carriers are permitted to transport
cargo from Saudi Arabia to the United
States and from the United States to
Saudi Arabia when the transportation is
funded by U.S. Government contractors
providing services to Federal
Government entities.
Accordingly, rather than amend the
FMR to include language from each of
these agreements, and thereafter
amending the FMR each time there is a
change in air transport agreements that
affect U.S. Government-funded cargo
transportation, GSA is issuing this
proposed rule which, if adopted, would
provide an Internet-based source of
information (https://www.state.gov/e/eb/
tra/ata/index.htm) relating to such
agreements. This approach would allow
GSA to provide and quickly update
relevant information as new agreements
are signed or current agreements are
amended without invoking the
regulatory process. In the future, if GSA
were to determine that further guidance
is necessary, GSA may issue FMR
Bulletins, or involve the regulatory
process, as appropriate.
Additionally, GSA is proposing to
update the FMR to include additional
exceptions to the Fly America Act, such
as cargo transportation services that are
fully reimbursed by a third party, e.g.,
a foreign government, an international
agency, or other organization. As the
Federal Government is not expending
any of its own funds, such services are
not covered by the Fly America Act.
In accordance with 49 U.S.C.
§ 40118(c), GSA is proposing regulations
under which agencies may expend
appropriations for cargo transportation
using foreign air carriers when it is
deemed necessary. There have been
limited circumstances in the past where
the use of a foreign air carrier was
deemed necessary. For example, when
the Government Accountability Office
(formerly the General Accounting
Office), had responsibility for
implementing the Fly America Act, the
Comptroller General held that when
time requirements could not be met the
use of a foreign flag carrier was deemed
necessary. (See The Honorable Norman
Y. Mineta Chairman, Subcommittee on
Aviation Committee on Public Works
and Transportation, House of
Representatives, Comptroller General,
B–210293, June 13, 1983).
The use of foreign carriers should be
very limited and approval should only
be granted after a determination that one
or more of these circumstances exist: no
PO 00000
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Fmt 4702
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U.S. flag air carrier can provide the
specific air transportation needed, no
U.S. flag air carrier can accomplish the
agency’s mission, no U.S. flag air carrier
can meet the time requirements in cases
of emergency, there is a lack of or
inadequate U.S. flag air carrier aircraft,
or to avoid an unreasonable risk to
safety. This rule proposes to include a
provision stating that use of a foreign air
carrier is permissible in these
circumstances, but these circumstances
should be rare.
Further, this proposed rule would
update section 102–117.135(b) to
include the current telephone number,
email address, and Web site for the U.S.
Department of Transportation Maritime
Administration (MARAD), Office of
Cargo Preference and Domestic Trade.
This proposed rule would also identify
the Web site for agencies to go to for
information that MARAD requires to be
submitted by the shipping Department
or Agency when cargo is shipped
subject to 46 U.S.C. 55305, the Cargo
Preference Act of 1954, as amended.
Finally, GSA is proposing to revise
the language in FMR section 102–117.15
to state clearly that this part applies to
all agencies and wholly-owned
Government corporations except as
otherwise expressly provided.
B. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules, and promoting
flexibility. This is not a significant
regulatory action, and therefore, would
not be subject to review under Section
6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993.
This rule would not be a major rule
under 5 U.S.C. 804.
C. Regulatory Flexibility Act
While these revisions are substantive,
this proposed rule would 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. The
proposed rule is also exempt from the
Administrative Procedure Act per 5
U.S.C. 553 (a)(2) because it applies to
agency management or personnel.
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Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Proposed Rules
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed changes
to the FMR would not impose
recordkeeping or information collection
requirements, or the collection of
information from offerors, contractors,
or members of the public that require
the approval of the Office of
Management and Budget (OMB) under
44 U.S.C. 3501, et seq.
E. Small Business Regulatory
Enforcement Fairness Act
This proposed rule is also exempt
from Congressional review prescribed
under 5 U.S.C. 801 since it relates to
agency management or personnel.
List of Subjects in 41 CFR Part 102–117
Transportation Management.
Dated: May 20, 2013.
Kathleen M. Turco,
Associate Administrator, Office of
Governmentwide Policy.
For the reasons set forth in the
preamble, GSA proposes to amend 41
CFR Part 102–117 as follows:
PART 102–117–TRANSPORTATION
MANAGEMENT
1. The authority citation for 41 CFR
Part 102–117 is revised to read as
follows:
■
Authority: 31 U.S.C. 3726; 40 U.S.C.
121(c); 40 U.S.C. 501, et seq.; 46 U.S.C.
55305; 49 U.S.C. 40118.
2. Revise § 102–117.15 to read as
follows:
■
§ 102–117.15
apply?
To whom does this part
This part applies to all agencies and
wholly-owned Government corporations
as defined in 5 U.S.C. 101, et seq. and
31 U.S.C. 9101(3), except as otherwise
expressly provided.
3. Revise § 102–117.135 to read as
follows:
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 102–117.135 What are the international
transportation restrictions?
Several statutes mandate the use of
U.S. flag carriers for international
shipments, such as 49 U.S.C. 40118,
commonly referred to as the ‘‘Fly
America Act’’, and 46 U.S.C. 55305, the
Cargo Preference Act of 1954, as
amended. The principal restrictions are
as follows:
(a) Air cargo: This subsection applies
to all air cargo transportation services
where the transportation is funded by
the U.S. Government, including that
shipped by contractors, grantees, and
others when the transportation is
financed by the Government. The Fly
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18:01 Jun 18, 2013
Jkt 229001
America Act, 49 U.S.C. 40118, requires
the use of U.S. flag air carrier service for
all air cargo movements funded by the
U.S. Government, except when one of
the following exceptions applies:
(1) The transportation is provided
under a bilateral or multilateral air
transportation agreement to which the
United States Government and the
government of a foreign country are
parties, and which the Department of
Transportation has determined meets
the requirements of the Fly America
Act.
(i) Information on bilateral or
multilateral air transport agreements
impacting United States Government
procured transportation can be accessed
at https://www.state.gov/e/eb/tra/ata/
index.htm; and
(ii) If determined appropriate, GSA
may periodically issue FMR Bulletins
providing further guidance on bilateral
or multilateral air transportation
agreements impacting United States
Government procured transportation.
These bulletins may be accessed at
https://www.gsa.gov/bulletins;
(2) When the costs of transportation
are reimbursed in full by a third party,
such as a foreign government, an
international agency, or other
organization; or
(3) Use of a foreign air carrier is
determined to be a matter of necessity
by your agency, on a case-by-case basis,
when:
(i) No U.S. flag air carrier can provide
the specific air transportation needed;
(ii) No U.S. flag air carrier can meet
the time requirements in cases of
emergency;
(iii) There is a lack of or inadequate
U.S. flag air carrier aircraft;
(iv) There is an unreasonable risk to
safety; or
(v) No U.S. flag air carrier can
accomplish the agency’s mission.
Note to § 102–117.135(a)(3): The use of
foreign flag air carriers should be rare.
(b) Ocean cargo: International
movement of property by water is
subject to the Cargo Preference Act of
1954, as amended, 46 U.S.C. 55305, and
the implementing regulations found at
46 CFR Part 381, which require the use
of a U.S. flag carrier for 50% of the
tonnage shipped by each Department or
Agency when service is available. The
U.S. Maritime Administration (MARAD)
monitors agency compliance with these
laws. All Departments or Agencies
shipping Government-impelled cargo
must comply with the provisions of 46
CFR 381.3. For further information
contact the U.S. Department of
Transportation, Maritime
Administration (MARAD), Tel: 1–800–
PO 00000
Frm 00035
Fmt 4702
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36725
996–2723, Email: cargo.marad@dot.gov.
For further information on international
ocean shipping, go to: https://
www.marad.dot.gov/cargopreference.
[FR Doc. 2013–14531 Filed 6–18–13; 8:45 am]
BILLING CODE 6820–14–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 52
[WC Docket Nos. 13–97, 04–36, 07–243, 10–
90; CC Docket Nos. 95–116, 01–92, 99–200;
FCC 13–51]
Numbering Policies for Modern
Communications; IP-Enabled Services;
Telephone Number Requirements for
IP-Enabled Services Providers;
Telephone Number Portability et al.
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: In this document, the Federal
Communications Commission
(Commission) propose to promote
innovation and efficiency by allowing
interconnected Voice over Internet
Protocol (VoIP) providers to obtain
telephone numbers directly from the
North American Numbering Plan
Administrator (NANPA) and the Pooling
Administrator (PA), subject to certain
requirements. We anticipate that
allowing interconnected VoIP providers
to have direct access to numbers will
help speed the delivery of innovative
services to consumers and businesses,
while preserving the integrity of the
network and appropriate oversight of
telephone number assignments. The
accompanying Notice of Inquiry further
seeks comment on a range of issues
regarding our long-term approach to
numbering resources. The relationship
between numbers and geography—taken
for granted when numbers were first
assigned to fixed wireline telephones—
is evolving as consumers turn
increasingly to mobile and nomadic
services. We seek comment on these
trends and associated Commission
policies.
Comments are due on or before
July 19, 2013. Reply comments are due
on or before August 19, 2013.
ADDRESSES: You may submit comments,
identified by [WC Docket Nos. 13–97,
04–36, 07–243, 10–90 and CC Docket
Nos. 95–116, 01–92, 99–200], by any of
the following methods:
D Federal Communications
Commission’s Web site: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
DATES:
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]]>Agencies
[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Proposed Rules]
[Pages 36723-36725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14531]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-117
[FMR Case 2012-102-5; Docket 2012-0017, Sequence 1]
RIN 3090-AJ34
Federal Management Regulation (FMR); Restrictions on
International Transportation of Freight and Household Goods
AGENCY: Office of Governmentwide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: GSA is proposing to amend the Federal Management Regulation
(FMR) provisions pertaining to the use of United States air carriers
for cargo under the provisions of the ``Fly America Act.'' This
proposed rule would additionally update the current provisions in the
FMR regarding the Cargo Preference Act of 1954, as amended. Also, this
proposed rule would amend the Federal Management Regulation (FMR) to
state clearly that this part applies to all agencies and wholly-owned
Government corporations except where otherwise expressly provided.
DATES: Interested parties should submit comments in writing on or
before July 19, 2013 to be considered in the formulation of a final
rule.
ADDRESSES: Submit comments in response to FMR Case 2012-102-5 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FMR Case
2012-102-5,'' select the link ``Submit a Comment'' that corresponds
with ``FMR case 2012-102-5.'' Follow the instructions provided at the
``Submit a Comment'' screen. Please include your name, company name (if
any), and ``FMR Case 2012-102-5'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th
Floor, Washington, DC 20417. Instructions: Please submit comments only
and cite FMR Case 2012-102-5, in all correspondence related to this
case. All comments received will be posted without change to https://www.regulations.gov, including any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat at 202-501-
4755, for information pertaining to status or publication schedules.
For clarification of content, contact Ms. Lee Gregory, Office of
Governmentwide Policy, at 202-501-1533 or email at lee.gregory@gsa.gov.
Please cite FMR case 2012-102-5.
SUPPLEMENTARY INFORMATION:
This proposed rule, if adopted, would inform readers where to find
additional information regarding bilateral or multilateral air
transport agreements, to which the United States Government and the
government of a foreign country are parties, and which the Department
of Transportation has determined meets the requirements of the Fly
America Act.
As these agreements qualify as exceptions to the use of U.S. flag
air carrier service mandated by FMR section 102-117.135(a), this
proposed rule, if adopted, would advise of an Internet-based source of
information regarding the use of foreign air carriers under the terms
of these bilateral or multilateral agreements. Additionally, this
proposed rule would incorporate language regarding other exceptions to
the Fly America Act and would more clearly define who would be subject
to the provisions implementing the Fly America Act and the Cargo
Preference Act.
A. Background
The Fly America Act, 49 U.S.C. 40118, requires the use of United
States air carrier service for all air cargo transportation services
funded by the United States Government. The requirements of the Fly
America Act apply whenever the air transportation of the cargo is
funded by the U.S. Government. One exception to this requirement is
transportation provided under a bilateral or multilateral air
[[Page 36724]]
transport agreement, to which the United States Government and the
government of a foreign country are parties, and which the Department
of Transportation has determined meets the requirements of the Fly
America Act.
The United States Government has entered into several air transport
agreements that allow Federally-funded transportation services for
cargo movements to use foreign air carriers under certain
circumstances. For example, on April 25 and April 30, 2007, the United
States-European Union (EU) Air Transport Agreement (U.S.-EU Agreement)
was signed, providing EU air carriers the right to transport cargo,
including household goods, on scheduled and charter flights funded by
the United States Government (excluding transportation funded by the
Secretary of Defense or in the Secretary of a military department),
between any point in the United States and any point in an EU Member
State or between any two points outside the United States for which a
U.S. Government civilian Department, Agency, or instrumentality (1)
obtains the transportation for itself or in carrying out an arrangement
under which payment is made by the U.S. Government or payment is made
from amounts provided for use of the U.S. Government; or (2) provides
transportation to or for a foreign country or international or other
organization without reimbursement.
The United States Government and the European Union amended the
U.S.-EU Agreement with a Protocol signed on June 24, 2010. In the
amended agreement, the United States further extended the rights of EU
air carriers to transport cargo on scheduled and charter flights funded
by the United States Government between any point in the United States
and any point outside the United States, or between any two points
outside the United States. Norway and Iceland joined the U.S.-EU Air
transportation agreement as amended by the Protocol on June 21, 2011,
granting carriers from those countries the same rights.
The United States has air transport agreements with Australia,
Switzerland, and Japan, which allow carriers from those countries to
transport cargo subject to the Fly America Act between their respective
home countries and the United States and between two points outside the
United States. The provisions in the agreements with Australia and
Switzerland became effective on October 1, 2008. The provisions in the
agreement with Japan took effect on October 1, 2011.
The United States previously entered into an agreement with Saudi
Arabia regarding Federally-funded transportation services for cargo
movements under which Saudi Arabian air carriers are permitted to
transport cargo from Saudi Arabia to the United States and from the
United States to Saudi Arabia when the transportation is funded by U.S.
Government contractors providing services to Federal Government
entities.
Accordingly, rather than amend the FMR to include language from
each of these agreements, and thereafter amending the FMR each time
there is a change in air transport agreements that affect U.S.
Government-funded cargo transportation, GSA is issuing this proposed
rule which, if adopted, would provide an Internet-based source of
information (https://www.state.gov/e/eb/tra/ata/index.htm) relating to
such agreements. This approach would allow GSA to provide and quickly
update relevant information as new agreements are signed or current
agreements are amended without invoking the regulatory process. In the
future, if GSA were to determine that further guidance is necessary,
GSA may issue FMR Bulletins, or involve the regulatory process, as
appropriate.
Additionally, GSA is proposing to update the FMR to include
additional exceptions to the Fly America Act, such as cargo
transportation services that are fully reimbursed by a third party,
e.g., a foreign government, an international agency, or other
organization. As the Federal Government is not expending any of its own
funds, such services are not covered by the Fly America Act.
In accordance with 49 U.S.C. Sec. 40118(c), GSA is proposing
regulations under which agencies may expend appropriations for cargo
transportation using foreign air carriers when it is deemed necessary.
There have been limited circumstances in the past where the use of a
foreign air carrier was deemed necessary. For example, when the
Government Accountability Office (formerly the General Accounting
Office), had responsibility for implementing the Fly America Act, the
Comptroller General held that when time requirements could not be met
the use of a foreign flag carrier was deemed necessary. (See The
Honorable Norman Y. Mineta Chairman, Subcommittee on Aviation Committee
on Public Works and Transportation, House of Representatives,
Comptroller General, B-210293, June 13, 1983).
The use of foreign carriers should be very limited and approval
should only be granted after a determination that one or more of these
circumstances exist: no U.S. flag air carrier can provide the specific
air transportation needed, no U.S. flag air carrier can accomplish the
agency's mission, no U.S. flag air carrier can meet the time
requirements in cases of emergency, there is a lack of or inadequate
U.S. flag air carrier aircraft, or to avoid an unreasonable risk to
safety. This rule proposes to include a provision stating that use of a
foreign air carrier is permissible in these circumstances, but these
circumstances should be rare.
Further, this proposed rule would update section 102-117.135(b) to
include the current telephone number, email address, and Web site for
the U.S. Department of Transportation Maritime Administration (MARAD),
Office of Cargo Preference and Domestic Trade. This proposed rule would
also identify the Web site for agencies to go to for information that
MARAD requires to be submitted by the shipping Department or Agency
when cargo is shipped subject to 46 U.S.C. 55305, the Cargo Preference
Act of 1954, as amended.
Finally, GSA is proposing to revise the language in FMR section
102-117.15 to state clearly that this part applies to all agencies and
wholly-owned Government corporations except as otherwise expressly
provided.
B. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
reducing costs, harmonizing rules, and promoting flexibility. This is
not a significant regulatory action, and therefore, would not be
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule would not be a major
rule under 5 U.S.C. 804.
C. Regulatory Flexibility Act
While these revisions are substantive, this proposed rule would 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. The proposed rule is also exempt from the Administrative
Procedure Act per 5 U.S.C. 553 (a)(2) because it applies to agency
management or personnel.
[[Page 36725]]
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FMR would not impose recordkeeping or information
collection requirements, or the collection of information from
offerors, contractors, or members of the public that require the
approval of the Office of Management and Budget (OMB) under 44 U.S.C.
3501, et seq.
E. Small Business Regulatory Enforcement Fairness Act
This proposed rule is also exempt from Congressional review
prescribed under 5 U.S.C. 801 since it relates to agency management or
personnel.
List of Subjects in 41 CFR Part 102-117
Transportation Management.
Dated: May 20, 2013.
Kathleen M. Turco,
Associate Administrator, Office of Governmentwide Policy.
For the reasons set forth in the preamble, GSA proposes to amend 41
CFR Part 102-117 as follows:
PART 102-117-TRANSPORTATION MANAGEMENT
0
1. The authority citation for 41 CFR Part 102-117 is revised to read as
follows:
Authority: 31 U.S.C. 3726; 40 U.S.C. 121(c); 40 U.S.C. 501, et
seq.; 46 U.S.C. 55305; 49 U.S.C. 40118.
0
2. Revise Sec. 102-117.15 to read as follows:
Sec. 102-117.15 To whom does this part apply?
This part applies to all agencies and wholly-owned Government
corporations as defined in 5 U.S.C. 101, et seq. and 31 U.S.C. 9101(3),
except as otherwise expressly provided.
3. Revise Sec. 102-117.135 to read as follows:
Sec. 102-117.135 What are the international transportation
restrictions?
Several statutes mandate the use of U.S. flag carriers for
international shipments, such as 49 U.S.C. 40118, commonly referred to
as the ``Fly America Act'', and 46 U.S.C. 55305, the Cargo Preference
Act of 1954, as amended. The principal restrictions are as follows:
(a) Air cargo: This subsection applies to all air cargo
transportation services where the transportation is funded by the U.S.
Government, including that shipped by contractors, grantees, and others
when the transportation is financed by the Government. The Fly America
Act, 49 U.S.C. 40118, requires the use of U.S. flag air carrier service
for all air cargo movements funded by the U.S. Government, except when
one of the following exceptions applies:
(1) The transportation is provided under a bilateral or
multilateral air transportation agreement to which the United States
Government and the government of a foreign country are parties, and
which the Department of Transportation has determined meets the
requirements of the Fly America Act.
(i) Information on bilateral or multilateral air transport
agreements impacting United States Government procured transportation
can be accessed at https://www.state.gov/e/eb/tra/ata/index.htm; and
(ii) If determined appropriate, GSA may periodically issue FMR
Bulletins providing further guidance on bilateral or multilateral air
transportation agreements impacting United States Government procured
transportation. These bulletins may be accessed at https://www.gsa.gov/bulletins;
(2) When the costs of transportation are reimbursed in full by a
third party, such as a foreign government, an international agency, or
other organization; or
(3) Use of a foreign air carrier is determined to be a matter of
necessity by your agency, on a case-by-case basis, when:
(i) No U.S. flag air carrier can provide the specific air
transportation needed;
(ii) No U.S. flag air carrier can meet the time requirements in
cases of emergency;
(iii) There is a lack of or inadequate U.S. flag air carrier
aircraft;
(iv) There is an unreasonable risk to safety; or
(v) No U.S. flag air carrier can accomplish the agency's mission.
Note to Sec. 102-117.135(a)(3): The use of foreign flag air
carriers should be rare.
(b) Ocean cargo: International movement of property by water is
subject to the Cargo Preference Act of 1954, as amended, 46 U.S.C.
55305, and the implementing regulations found at 46 CFR Part 381, which
require the use of a U.S. flag carrier for 50% of the tonnage shipped
by each Department or Agency when service is available. The U.S.
Maritime Administration (MARAD) monitors agency compliance with these
laws. All Departments or Agencies shipping Government-impelled cargo
must comply with the provisions of 46 CFR 381.3. For further
information contact the U.S. Department of Transportation, Maritime
Administration (MARAD), Tel: 1-800-996-2723, Email:
cargo.marad@dot.gov. For further information on international ocean
shipping, go to: https://www.marad.dot.gov/cargopreference.
[FR Doc. 2013-14531 Filed 6-18-13; 8:45 am]
BILLING CODE 6820-14-P
