Federal Management Regulation (FMR); Obligating Authority, 49994-49996 [2013-19948]
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49994
Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules
of Intent for Partial Deletion. We will
not institute a second comment period
on this Notice of Intent for Partial
Deletion. Any parties interested in
commenting must do so at this time.
For additional information, see the
direct final Notice of Partial Deletion
which is located in the ‘‘Rules and
Regulations’’ section of this Federal
Register.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
3 CFR, 1987 Comp., p. 193.
Dated: July 25, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013–19758 Filed 8–15–13; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–117
[FMR Case 2013–102–1; Docket 2013–0009,
Sequence 1]
RIN 3090–AJ35
Federal Management Regulation
(FMR); Obligating Authority
Office of Governmentwide
Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
AGENCY:
mstockstill on DSK4VPTVN1PROD with PROPOSALS
A. Background
The U.S. General Services
Administration (GSA) is proposing to
amend the Federal Management
Regulation (FMR) to recommend that
agencies, as defined in § 102–117.25,
provide written authority to
Transportation Officers who acquire
transportation services utilizing a rate
tender acquisition. This written
authority would help agencies manage
the billions of dollars that the
Government spends annually on
transportation. This proposed rule, if
adopted, would describe procedures
that agencies should follow to delegate
authority to Transportation Officers and
includes experience and training
requirements that a Transportation
Officer should meet before being
authorized to acquire transportation
services.
SUMMARY:
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Interested parties should submit
comments in writing on or before
October 15, 2013 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments in
response to FMR Case 2013–102–1 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FMR Case 2013–102–1’’
and selecting the link ‘‘Submit a
Comment’’ that corresponds with ‘‘FMR
Case 2013–102–1’’. Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and
‘‘FMR Case 2013–102–1’’ on your
attached document.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1800 F Street NW., ATTN:
Hada Flowers, Washington, DC 20405–
0001.
Instructions: Please submit comments
only and cite FMR Case 2013–102–1, 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: Ms.
Lee Gregory, Office of Asset and
Transportation Management (MA),
Office of Governmentwide Policy (OGP),
at 202–501–1533 or by email at
lee.gregory@gsa.gov. Please cite FMR
Case 2013–102–1. For information
pertaining to status or publication
schedules contact the Regulatory
Secretariat at 202–501–4755.
SUPPLEMENTARY INFORMATION:
DATES:
Agencies are authorized to procure
transportation services either through
the Federal Acquisition Regulation
(FAR), by utilizing a contract, or via 49
U.S.C. 10721 (for rail transportation), 49
U.S.C. 13712 (for surface
transportation), or 49 U.S.C. 15504 (for
pipeline transportation) utilizing rate
tenders.
Rate tenders are an alternative method
of acquiring transportation services that
is neither mandatory nor exclusive. In
order to determine which method is
better suited for the acquisition of
transportation services, an evaluation of
the transportation services to be
acquired must be made. The FMR
discusses the criteria for choosing
between rate tender and FAR
acquisitions in FMR sections 102–
117.30 through 102–117.55.
The FAR requires that a Contracting
Officer (CO) receive clear instructions in
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Sfmt 4702
writing regarding the contracting
officer’s authority (48 CFR 1.603–3).
Contracts may be entered into and
signed on behalf of the Government
only by a contracting officer. In contrast
there is no analogous regulation for
Federal Transportation Officers under
which an appointing official authorizes
them to acquire transportation services.
However, some agencies have
delegations of authority or other agency
procedures in place for their workforce.
A Transportation Officer that acquires
transportation services through a rate
tender acquisition should be qualified
and trained in transportation
management or have relevant
transportation experience in order to
manage a rate tender acquisition
properly.
GSA published a proposed rule in the
Federal Register on May 4, 2005 (70 FR
23078) to add the recommendation that
transportation managers who obligate
Government funds for rate tender
procurements must be properly
authorized in writing, which certifies
that the transportation manager is
competent and trained in transportation
management and has the authority to
commit Government funds for the
procurement of transportation or
transportation services. Comments were
received from four agencies (U.S.
Department of State, Internal Revenue
Service, U.S. Department of Agriculture,
and Federal Aviation Administration).
Applicable comments were
incorporated into this current proposed
rule, such as expanding time to phase
program implementation, identifying
activities that would not require a
warrant, and providing flexibility for the
program and requirements to the
agency. Due to the length of time since
the publication of the 2005 proposed
rule, and because GSA’s position on this
issue has evolved, GSA is publishing
this new proposed rule.
Section 3(a)(1) of the Travel and
Transportation Reform Act of 1998 (the
Act), Public Law 105–264, amended 31
U.S.C. 3322(c)(1), holding disbursing
officials personally liable for
overpayments other than an
overpayment for the use of improper
transportation rates or classifications if
the Administrator of General Services
has determined that verification by a
prepayment audit will not adequately
protect the interests of the Government.
Similarly, section 3(a)(2) of the Act
amended 31 U.S.C. 3528(a)(5), requiring
certifying officials to verify
transportation rates and classifications
and holding such officials personally
liable for overpayments unless the
overpayment occurred solely because a
prepayment audit did not verify the rate
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Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules
or classification and the Administrator
of General Services has determined that
verification by a prepayment audit will
not adequately protect the interests of
the Government. These provisions were
effective April 19, 2000. This proposed
rule would add a reference to these
statutory provisions in proposed FMR
section 102–117.410.
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B. Major Revisions
This proposed rule will:
• Define ‘‘Third Party Logistics’’,
‘‘Transportation Officer’’ and
‘‘Transportation Officer Warrant’’;
• Recommend that rate tender
acquisitions of transportation services
for an agency be performed only by a
warranted Transportation Officer;
• List the suggested minimum
elements of a Transportation Officer
warrant;
• Outline the suggested minimum
requirements for training and/or
experience to be a warranted
Transportation Officer;
• Recommend agency procedures for
creating a warranted Transportation
Officer program; and
• Refer to the liability created by
Public Law 105–264, and refer the
reader to FMR sections 102–118.350
through 102–118.370 for further
information.
In accordance with Executive Order
(EO) 13563, this proposed regulation is
included in GSA’s retrospective review
of existing regulations at www.gsa.gov/
improvingregulations.
C. Executive Order 12866 and Executive
Order 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, will not
be subject to review under Section 6(b)
of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
D. Regulatory Flexibility Act
While these revisions are substantive,
this proposed rule will not have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
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Jkt 229001
Flexibility Act, 5 U.S.C. 601, et seq. The
proposed rule is also exempt from the
Administrative Procedures Act per 5
U.S.C. 553 (a)(2) because it applies to
agency management or personnel
policies related to Transportation
management.
E. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed changes
to the FMR do not impose
recordkeeping or information collection
requirements, or the collection of
information from offeror, 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.
F. 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 solely
to agency management or personnel.
List of Subjects in 41 CFR Part 102–117
Transportation Management.
Dated: July 23, 2013.
Anne E. Rung,
Acting 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); and 40 U.S.C. 501, et seq.
2. Amend § 102–117.25 by
alphabetically adding the definitions
‘‘Third Party Logistics (3PL)’’,
‘‘Transportation Officer (TO)’’ and
‘‘Transportation Officer Warrant’’ to
read as follows:
■
§ 102–117.25
part?
What definitions apply to this
*
*
*
*
*
Third Party Logistics (3PL) is an entity
that provides multiple logistics services
for use by customers. Among the
transportation services 3PLs generally
provide are integration transportation,
warehousing, cross-docking, inventory
management, packaging, and freight
forwarding.
*
*
*
*
*
Transportation Officer (TO) is a
person authorized, in accordance with
this part, to select transportation service
providers using rate tenders, including
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49995
but not limited to selecting Third Party
Logistics (3PL) or Transportation
Service Provider (TSP) and issuing a bill
of lading. The TO may also serve as the
subject matter expert for a Contracting
Officer.
Transportation Officer Warrant is an
agency-issued document that authorizes
a Transportation Officer to procure
transportation services using rate
tenders, select Third Party Logistics
(3PL) or Transportation Service Provider
(TSP), issue bills of lading, and
otherwise perform the duties of a
Transportation Officer.
*
*
*
*
*
■ 3. Add Subpart M, consisting of
§§ 102–117.365 through §§ 102–117.410
to read as follows:
Subpart M—Recommendations for
Authorization and Qualifications to Acquire
Transportation Using a Rate Tender
Sec.
102–117.365 What are the responsibilities
of a Transportation Officer?
102–117.370 Should I have a
Transportation Officer warrant to acquire
transportation services using a rate
tender?
102–117.375 Are there instances where a
Transportation Officer warrant is not
necessary to acquire transportation
services?
102–117.380 What should be contained in a
Transportation Officer warrant to acquire
transportation services?
102–117.385 Is there a standard format for
a Transportation Officer warrant?
102–117.390 What training and/or
experience is recommended for my
agency to warrant me to acquire
transportation services?
102–117.395 Should I continue my training
to maintain my warrant?
102–117.400 How should my warrant be
documented and maintained?
102–117.405 Are there dollar limits on
transportation service acquisitions?
102–117.410 Is a Transportation Officer
liable for his/her actions?
Subpart M—Recommendations for
Authorization and Qualifications to
Acquire Transportation Using a Rate
Tender
§ 102–117.365 What are the
responsibilities of a Transportation Officer?
Transportation Officer’s duties
include:
(a) Negotiating rates;
(b) Signing bills of lading;
(c) Certifying bills of lading;
(d) Approving additional accessorial
charges;
(e) Selecting and procuring services of
a TSP; and/or
(f) Selecting and procuring services of
a 3PL.
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Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules
§ 102–117.370 Should I have a
Transportation Officer warrant to acquire
transportation services using a rate tender?
Yes, it is recommended that you have
a written document, such as a warrant,
issued by the head of your agency or
his/her designee, which expressly
allows you to acquire transportation
services using approved non-FAR
acquisition methods for specified
transportation services and states dollar
limit or range for the warrant authority.
§ 102–117.375 Are there instances where a
Transportation Officer warrant is not
necessary to acquire transportation
services?
Yes, a Transportation Officer warrant
is not necessary to:
(a) Ship packages through a contract
under the GSA Schedules program,
including any Blanket Purchase
Agreement, as these are Federal
Acquisition Regulation (FAR) based
contracts;
(b) Ship packages or other materials
through any other FAR-based contract;
or
(c) Send items through the United
States Postal Service.
§ 102–117.380 What should be contained
in a Transportation Officer warrant to
acquire transportation services?
The warrant issued by the agency
head or his/her designee should:
(a) State that you have sufficient
experience (any combination of Federal,
public, or commercial) and/or training
in transportation services that qualify
you to acquire transportation;
(b) List the limitations on the scope of
your authority, including the maximum
dollar limit and any other limits such as
the types of services that you may
acquire;
(c) State the minimum requirements
necessary to maintain the warrant; and
(d) Include an expiration date for the
warrant, recommended not to exceed
three years from the date of issuance.
§ 102–117.385 Is there a standard format
for a Transportation Officer warrant?
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No. GSA can provide your agency
with a suggested format; agencies can
model the transportation officer warrant
after the contracting officer warrant; or
agencies may establish their own
format.
§ 102–117.390 What training and/or
experience is recommended for my agency
to warrant me to acquire transportation
services?
(a) Your agency should establish
training and/or experience requirements
to qualify you for a Transportation
Officer warrant. The following are
suggested baseline training and/or
experience requirements:
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(1) For a Basic (Level 1)
Transportation Officer Warrant:
(i) Twenty-four (24) hours of training
in Federal civilian transportation; or
(ii) Two years of Federal, public, or
commercial experience in acquiring
transportation through rate tenders.
(2) For an Experienced (Level 2)
Transportation Officer Warrant:
(i) Thirty-two (32) hours of training in
transportation, including 20 hours of
training in Federal civilian
transportation; or
(ii) Three years of Federal, public, or
commercial experience in acquiring
transportation through rate tenders.
(3) For a Senior (Level 3)
Transportation Officer Warrant:
(i) Sixty (60) hours of training in
transportation, including 40 hours of
training in Federal civilian
transportation; or
(ii) Five years of Federal, public, or
commercial experience in acquiring
transportation through rate tenders.
(b) GSA created an online eLearning
Transportation Officer training site
hosted by the U.S. Office of Personnel
Management. The training courses
provide a standard Governmentwide
body of transportation knowledge. This
web-based eLearning site is available at
https://
transportationofficer.golearnportal.org/
and is available to all Federal agencies.
§ 102–117.395 Should I continue my
training to maintain my warrant?
Yes, you should continue your
training. Your agency will determine the
continuing education requirements that
apply specifically to your warrant. It is
recommended that at least 12 hours of
transportation training per year be
completed in order to maintain a
Transportation Officer warrant.
§ 102–117.400 How should my warrant be
documented and maintained?
The head of your agency or his/her
designee should state, in writing, that
you have the recommended training or
experience suggested by § 102–117.390.
You should retain a copy of this
Transportation Officer warrant. Agency
heads or their designees may amend,
suspend, or terminate warrants in
accordance with agency policies and/or
procedures.
§ 102–117.405 Are there dollar limits on
transportation service acquisitions?
Yes, a limitation on the dollar amount
you may acquire using your
transportation officer warrant should be
established by your agency and should
be stated in your warrant.
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Frm 00025
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§ 102–117.410 Is a Transportation Officer
liable for his/her actions?
For information regarding liabilities,
see 41 CFR 102–118.350 through 102–
118.370, as applicable, if the
Transportation Officer is also the
certifying official and/or the disbursing
official.
[FR Doc. 2013–19948 Filed 8–15–13; 8:45 am]
BILLING CODE 6820–14–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 192, 193, 195, and 199
[Docket No. PHMSA–2011–0337]
RIN 2137–AE85
Pipeline Safety: Periodic Updates of
Regulatory References to Technical
Standards and Miscellaneous
Amendments
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
PHMSA is proposing to
amend the pipeline safety regulations to
incorporate by reference (IBR) all or
parts of new, updated, or reaffirmed
editions of voluntary consensus
standards that are available on the
Internet, free-of-charge, to the public.
PHMSA is also proposing to make nonsubstantive edits and to clarify
regulatory language in certain
provisions. These proposed changes are
relatively minor, and would not require
pipeline operators to undertake any
significant new pipeline safety
initiatives.
DATES: Submit comments on the subject
of this NPRM on or before October 15,
2013.
ADDRESSES: You may submit comments,
identified by docket ID PHMSA–2011–
0337, by any of the following methods:
E-Gov Web: https://
www.regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency. Follow the online instructions
for submitting comments.
Mail: Docket Management System:
U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room
W12–140, Washington, DC 20590–0001.
Hand Delivery or Courier: DOT
Docket Management System: West
Building Ground Floor, Room W12–140,
SUMMARY:
E:\FR\FM\16AUP1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Proposed Rules]
[Pages 49994-49996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19948]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-117
[FMR Case 2013-102-1; Docket 2013-0009, Sequence 1]
RIN 3090-AJ35
Federal Management Regulation (FMR); Obligating Authority
AGENCY: Office of Governmentwide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. General Services Administration (GSA) is proposing to
amend the Federal Management Regulation (FMR) to recommend that
agencies, as defined in Sec. 102-117.25, provide written authority to
Transportation Officers who acquire transportation services utilizing a
rate tender acquisition. This written authority would help agencies
manage the billions of dollars that the Government spends annually on
transportation. This proposed rule, if adopted, would describe
procedures that agencies should follow to delegate authority to
Transportation Officers and includes experience and training
requirements that a Transportation Officer should meet before being
authorized to acquire transportation services.
DATES: Interested parties should submit comments in writing on or
before October 15, 2013 to be considered in the formulation of a final
rule.
ADDRESSES: Submit comments in response to FMR Case 2013-102-1 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FMR Case
2013-102-1'' and selecting the link ``Submit a Comment'' that
corresponds with ``FMR Case 2013-102-1''. Follow the instructions
provided at the ``Submit a Comment'' screen. Please include your name,
company name (if any), and ``FMR Case 2013-102-1'' on your attached
document.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1800 F Street NW., ATTN: Hada Flowers, Washington,
DC 20405-0001.
Instructions: Please submit comments only and cite FMR Case 2013-
102-1, 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: Ms. Lee Gregory, Office of Asset and
Transportation Management (MA), Office of Governmentwide Policy (OGP),
at 202-501-1533 or by email at lee.gregory@gsa.gov. Please cite FMR
Case 2013-102-1. For information pertaining to status or publication
schedules contact the Regulatory Secretariat at 202-501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
Agencies are authorized to procure transportation services either
through the Federal Acquisition Regulation (FAR), by utilizing a
contract, or via 49 U.S.C. 10721 (for rail transportation), 49 U.S.C.
13712 (for surface transportation), or 49 U.S.C. 15504 (for pipeline
transportation) utilizing rate tenders.
Rate tenders are an alternative method of acquiring transportation
services that is neither mandatory nor exclusive. In order to determine
which method is better suited for the acquisition of transportation
services, an evaluation of the transportation services to be acquired
must be made. The FMR discusses the criteria for choosing between rate
tender and FAR acquisitions in FMR sections 102-117.30 through 102-
117.55.
The FAR requires that a Contracting Officer (CO) receive clear
instructions in writing regarding the contracting officer's authority
(48 CFR 1.603-3). Contracts may be entered into and signed on behalf of
the Government only by a contracting officer. In contrast there is no
analogous regulation for Federal Transportation Officers under which an
appointing official authorizes them to acquire transportation services.
However, some agencies have delegations of authority or other agency
procedures in place for their workforce.
A Transportation Officer that acquires transportation services
through a rate tender acquisition should be qualified and trained in
transportation management or have relevant transportation experience in
order to manage a rate tender acquisition properly.
GSA published a proposed rule in the Federal Register on May 4,
2005 (70 FR 23078) to add the recommendation that transportation
managers who obligate Government funds for rate tender procurements
must be properly authorized in writing, which certifies that the
transportation manager is competent and trained in transportation
management and has the authority to commit Government funds for the
procurement of transportation or transportation services. Comments were
received from four agencies (U.S. Department of State, Internal Revenue
Service, U.S. Department of Agriculture, and Federal Aviation
Administration). Applicable comments were incorporated into this
current proposed rule, such as expanding time to phase program
implementation, identifying activities that would not require a
warrant, and providing flexibility for the program and requirements to
the agency. Due to the length of time since the publication of the 2005
proposed rule, and because GSA's position on this issue has evolved,
GSA is publishing this new proposed rule.
Section 3(a)(1) of the Travel and Transportation Reform Act of 1998
(the Act), Public Law 105-264, amended 31 U.S.C. 3322(c)(1), holding
disbursing officials personally liable for overpayments other than an
overpayment for the use of improper transportation rates or
classifications if the Administrator of General Services has determined
that verification by a prepayment audit will not adequately protect the
interests of the Government. Similarly, section 3(a)(2) of the Act
amended 31 U.S.C. 3528(a)(5), requiring certifying officials to verify
transportation rates and classifications and holding such officials
personally liable for overpayments unless the overpayment occurred
solely because a prepayment audit did not verify the rate
[[Page 49995]]
or classification and the Administrator of General Services has
determined that verification by a prepayment audit will not adequately
protect the interests of the Government. These provisions were
effective April 19, 2000. This proposed rule would add a reference to
these statutory provisions in proposed FMR section 102-117.410.
B. Major Revisions
This proposed rule will:
Define ``Third Party Logistics'', ``Transportation
Officer'' and ``Transportation Officer Warrant'';
Recommend that rate tender acquisitions of transportation
services for an agency be performed only by a warranted Transportation
Officer;
List the suggested minimum elements of a Transportation
Officer warrant;
Outline the suggested minimum requirements for training
and/or experience to be a warranted Transportation Officer;
Recommend agency procedures for creating a warranted
Transportation Officer program; and
Refer to the liability created by Public Law 105-264, and
refer the reader to FMR sections 102-118.350 through 102-118.370 for
further information.
In accordance with Executive Order (EO) 13563, this proposed
regulation is included in GSA's retrospective review of existing
regulations at www.gsa.gov/improvingregulations.
C. Executive Order 12866 and Executive Order 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, will not be subject
to review under Section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
D. Regulatory Flexibility Act
While these revisions are substantive, this proposed 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. The proposed rule is also exempt from the Administrative
Procedures Act per 5 U.S.C. 553 (a)(2) because it applies to agency
management or personnel policies related to Transportation management.
E. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FMR do not impose recordkeeping or information
collection requirements, or the collection of information from offeror,
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.
F. 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 solely to agency
management or personnel.
List of Subjects in 41 CFR Part 102-117
Transportation Management.
Dated: July 23, 2013.
Anne E. Rung,
Acting 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); and 40 U.S.C. 501,
et seq.
0
2. Amend Sec. 102-117.25 by alphabetically adding the definitions
``Third Party Logistics (3PL)'', ``Transportation Officer (TO)'' and
``Transportation Officer Warrant'' to read as follows:
Sec. 102-117.25 What definitions apply to this part?
* * * * *
Third Party Logistics (3PL) is an entity that provides multiple
logistics services for use by customers. Among the transportation
services 3PLs generally provide are integration transportation,
warehousing, cross-docking, inventory management, packaging, and
freight forwarding.
* * * * *
Transportation Officer (TO) is a person authorized, in accordance
with this part, to select transportation service providers using rate
tenders, including but not limited to selecting Third Party Logistics
(3PL) or Transportation Service Provider (TSP) and issuing a bill of
lading. The TO may also serve as the subject matter expert for a
Contracting Officer.
Transportation Officer Warrant is an agency-issued document that
authorizes a Transportation Officer to procure transportation services
using rate tenders, select Third Party Logistics (3PL) or
Transportation Service Provider (TSP), issue bills of lading, and
otherwise perform the duties of a Transportation Officer.
* * * * *
0
3. Add Subpart M, consisting of Sec. Sec. 102-117.365 through
Sec. Sec. 102-117.410 to read as follows:
Subpart M--Recommendations for Authorization and Qualifications to
Acquire Transportation Using a Rate Tender
Sec.
102-117.365 What are the responsibilities of a Transportation
Officer?
102-117.370 Should I have a Transportation Officer warrant to
acquire transportation services using a rate tender?
102-117.375 Are there instances where a Transportation Officer
warrant is not necessary to acquire transportation services?
102-117.380 What should be contained in a Transportation Officer
warrant to acquire transportation services?
102-117.385 Is there a standard format for a Transportation Officer
warrant?
102-117.390 What training and/or experience is recommended for my
agency to warrant me to acquire transportation services?
102-117.395 Should I continue my training to maintain my warrant?
102-117.400 How should my warrant be documented and maintained?
102-117.405 Are there dollar limits on transportation service
acquisitions?
102-117.410 Is a Transportation Officer liable for his/her actions?
Subpart M--Recommendations for Authorization and Qualifications to
Acquire Transportation Using a Rate Tender
Sec. 102-117.365 What are the responsibilities of a Transportation
Officer?
Transportation Officer's duties include:
(a) Negotiating rates;
(b) Signing bills of lading;
(c) Certifying bills of lading;
(d) Approving additional accessorial charges;
(e) Selecting and procuring services of a TSP; and/or
(f) Selecting and procuring services of a 3PL.
[[Page 49996]]
Sec. 102-117.370 Should I have a Transportation Officer warrant to
acquire transportation services using a rate tender?
Yes, it is recommended that you have a written document, such as a
warrant, issued by the head of your agency or his/her designee, which
expressly allows you to acquire transportation services using approved
non-FAR acquisition methods for specified transportation services and
states dollar limit or range for the warrant authority.
Sec. 102-117.375 Are there instances where a Transportation Officer
warrant is not necessary to acquire transportation services?
Yes, a Transportation Officer warrant is not necessary to:
(a) Ship packages through a contract under the GSA Schedules
program, including any Blanket Purchase Agreement, as these are Federal
Acquisition Regulation (FAR) based contracts;
(b) Ship packages or other materials through any other FAR-based
contract; or
(c) Send items through the United States Postal Service.
Sec. 102-117.380 What should be contained in a Transportation Officer
warrant to acquire transportation services?
The warrant issued by the agency head or his/her designee should:
(a) State that you have sufficient experience (any combination of
Federal, public, or commercial) and/or training in transportation
services that qualify you to acquire transportation;
(b) List the limitations on the scope of your authority, including
the maximum dollar limit and any other limits such as the types of
services that you may acquire;
(c) State the minimum requirements necessary to maintain the
warrant; and
(d) Include an expiration date for the warrant, recommended not to
exceed three years from the date of issuance.
Sec. 102-117.385 Is there a standard format for a Transportation
Officer warrant?
No. GSA can provide your agency with a suggested format; agencies
can model the transportation officer warrant after the contracting
officer warrant; or agencies may establish their own format.
Sec. 102-117.390 What training and/or experience is recommended for
my agency to warrant me to acquire transportation services?
(a) Your agency should establish training and/or experience
requirements to qualify you for a Transportation Officer warrant. The
following are suggested baseline training and/or experience
requirements:
(1) For a Basic (Level 1) Transportation Officer Warrant:
(i) Twenty-four (24) hours of training in Federal civilian
transportation; or
(ii) Two years of Federal, public, or commercial experience in
acquiring transportation through rate tenders.
(2) For an Experienced (Level 2) Transportation Officer Warrant:
(i) Thirty-two (32) hours of training in transportation, including
20 hours of training in Federal civilian transportation; or
(ii) Three years of Federal, public, or commercial experience in
acquiring transportation through rate tenders.
(3) For a Senior (Level 3) Transportation Officer Warrant:
(i) Sixty (60) hours of training in transportation, including 40
hours of training in Federal civilian transportation; or
(ii) Five years of Federal, public, or commercial experience in
acquiring transportation through rate tenders.
(b) GSA created an online eLearning Transportation Officer training
site hosted by the U.S. Office of Personnel Management. The training
courses provide a standard Governmentwide body of transportation
knowledge. This web-based eLearning site is available at https://transportationofficer.golearnportal.org/ and is available to all
Federal agencies.
Sec. 102-117.395 Should I continue my training to maintain my
warrant?
Yes, you should continue your training. Your agency will determine
the continuing education requirements that apply specifically to your
warrant. It is recommended that at least 12 hours of transportation
training per year be completed in order to maintain a Transportation
Officer warrant.
Sec. 102-117.400 How should my warrant be documented and maintained?
The head of your agency or his/her designee should state, in
writing, that you have the recommended training or experience suggested
by Sec. 102-117.390. You should retain a copy of this Transportation
Officer warrant. Agency heads or their designees may amend, suspend, or
terminate warrants in accordance with agency policies and/or
procedures.
Sec. 102-117.405 Are there dollar limits on transportation service
acquisitions?
Yes, a limitation on the dollar amount you may acquire using your
transportation officer warrant should be established by your agency and
should be stated in your warrant.
Sec. 102-117.410 Is a Transportation Officer liable for his/her
actions?
For information regarding liabilities, see 41 CFR 102-118.350
through 102-118.370, as applicable, if the Transportation Officer is
also the certifying official and/or the disbursing official.
[FR Doc. 2013-19948 Filed 8-15-13; 8:45 am]
BILLING CODE 6820-14-P
