Seeking Input on the Public Release of Data Collected Through Transactional Data Reporting, 44305-44306 [2016-16064]
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srobinson on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
Terminals, Inc., Kinder Morgan
Services, LLC, Kinder Morgan Southeast
Terminals, LLC, Kinder Morgan Virginia
Liquids Terminals LLC, Kinder Morgan
Materials Services, LLC, Kinder Morgan
G.P., Inc., Kinder Morgan Operating L.P.
‘‘A’’, Kinder Morgan Operating L.P. ‘‘C’’,
Kinder Morgan Operating L.P. ‘‘D’’,
Kinder Morgan Transmix Company
LLC, Kinder Morgan Energy Partners,
Nassau Terminals, LLC, Kinder Morgan
Terminals, and Kinder Morgan, Inc.,
hereinafter ‘‘Respondents.’’
Complainant states that it is a business
engaged in providing ship’s agency
services to vessel owners, operators and
charterers. Complainant alleges that
Respondents are operators of marine
terminals.
Complainant alleges that by banning
Complainant from entering on or
coordinating port calls at all marine
terminals owned or operated by
Respondents, as well as informing
Complainant’s customers that as of July
1, 2016 Complainant has been banned
from coordinating port calls at all
marine terminals owned or operated by
Respondents, Respondents have
violated the Shipping Act, 46 U.S.C.
41106, which states that marine
terminal operators ‘‘may not give any
undue or unreasonable preference or
advantage or impose any undue or
unreasonable prejudice or disadvantage
with respect to any person; or
unreasonably refuse to deal or
negotiate.’’
Complainant requests that the
Commission enter an order declaring
the ‘‘Blacklist Notice’’ and/or
Respondents’ actions described in their
complaint violate 46 U.S.C. 41106 and
are unlawful and unenforceable, and
further declaring that Complainant may
continue to provide vessel agency
services at Respondents’ terminals as it
currently does, and that Respondent be
required to answer the charges made in
the Complaint. Complainant also
requests that after taking evidence and
conducting a hearing, the Commission
order Respondents to cease and desist
from violation of the Shipping Act; to
put in place lawful and reasonable
practices to insure no continuing similar
violations of the Shipping Act; to pay
Complainant’s reasonable attorney fees
pursuant to 46 U.S.C. 41305(e); to pay
monetary penalties for violating the
Shipping Act pursuant to 46 U.S.C.
41107; and that the Commission make
any further orders as it determines to be
just and proper.
The full text of the complaint can be
found in the Commission’s Electronic
Reading Room at www.fmc.gov/16-14.
This proceeding has been assigned to
the Office of Administrative Law Judges.
VerDate Sep<11>2014
17:23 Jul 06, 2016
Jkt 238001
The initial decision of the presiding
officer in this proceeding shall be issued
by June 29, 2017, and the final decision
of the Commission shall be issued by
January 12, 2018.
Karen V. Gregory,
Secretary.
[FR Doc. 2016–16012 Filed 7–6–16; 8:45 am]
BILLING CODE 6731–AA–P
GENERAL SERVICES
ADMINISTRATION
[Notice–FAS–2016–01; Docket No. 2016–
0001; Sequence 15]
Seeking Input on the Public Release of
Data Collected Through Transactional
Data Reporting
Federal Acquisition Service
(FAS), General Services Administration
(GSA).
ACTION: Notice.
AGENCY:
FAS is publishing this notice
to solicit comments regarding the public
release of transactional data reported in
accordance with the General Services
Administration Acquisition Regulation
(GSAR) Transactional Data Reporting
clauses. GSA FAS will consider
comments received in establishing its
final position on which Transactional
Data Reporting (TDR) data elements are
releasable under the Freedom of
Information Act (FOIA) and which
elements will therefore be released to
the general public via a public data
extract.
SUMMARY:
Submit comments on or before
August 29, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Adam Jones, Procurement Analyst, FAS
Office of Acquisition Management, at
adam.jones@gsa.gov, or 571–289–0164.
ADDRESSES: Submit comments
identified by ‘‘Notice FAS–2016–01;
Seeking Input on the Public Release of
Data Collected Through Transactional
Data Reporting’’ by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘Notice FAS–2016–01;
Seeking Input on the Public Release of
Data Collected through Transactional
Data Reporting’’ under the heading
‘‘Enter Keyword or ID’’ and selecting
‘‘Search’’. Select the link ‘‘submit a
Comment’’ that corresponds with
‘‘Notice FAS–2016–01; Seeking Input on
the Public Release of Data Collected
Through Transactional Data Reporting’’.
Following the instructions provided at
the ‘‘Submit a Comment’’ screen. Please
DATES:
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
44305
include your name, company name (if
any), and ‘‘Notice FAS–2016–01;
Seeking Input on the Public Release of
Data Collected Through Transactional
Data Reporting’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), 1800 F Street NW.,
Washington, DC 20405. ATTN: Ms.
Flowers/Notice FAS–2016–01; Seeking
Input on the Public Release of Data
Collected Through Transactional Data
Reporting.
Instructions: Please submit comments
only and cite Notice FAS–2016–01;
Seeking Input on the Public Release of
Data Collected Through Transactional
Data Reporting, in all correspondence
related to this collection. Comments
received generally will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
SUPPLEMENTARY INFORMATION:
A. Background: GSA published the
Transactional Data Reporting final rule
in the Federal Register at 81 FR 41103
on June 23, 2016. The rule amended the
General Services Administration
Acquisition Regulation (GSAR) to
include clauses that require vendors to
report transactional data from orders
placed against select Federal Supply
Schedule (FSS) contracts,
Governmentwide Acquisition Contracts
(GWACs), and Governmentwide
Indefinite-Delivery, Indefinite-Quantity
(IDIQ) contracts. The clause applicable
to GWACs and Governmentwide IDIQs,
GSAR clause 552.216–75, will be
applied to new contracts in that class
and may be applied to any existing
contracts in this class that do not
contain other transactional data clauses.
For FSS contracts, the clause (GSAR
clause 552.238–74 Alternate I) will be
introduced in phases, beginning with a
pilot for select Schedules or Special
Item Numbers and will be paired with
changes to existing requirements for
Commercial Sales Practices disclosures
and Price Reductions clause basis of
award monitoring. The final rule does
not apply to the Department of Veterans
Affairs (VA) FSS contract holders.1
Contractors subject to Transactional
Data Reporting will be required to report
eleven standard data elements. Any data
1 See GSAR Case 2013–G504; Docket 2014–0020;
Sequence 1 (80 FR 11619 (Mar. 4, 2015)).
E:\FR\FM\07JYN1.SGM
07JYN1
44306
Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
elements beyond the standard elements
must be coordinated with the applicable
category manager, and approved by the
Head of Contracting Activity and GSA’s
Senior Procurement Executive in order
for them to be included with a tailored
version of the applicable clause. The
determination regarding additional data
elements will consider the benefits,
alternatives, burden, and need for
additional rulemaking.
GSA intends to share transactional
data to the maximum extent allowable
to promote transparency and
competition while respecting that some
data could be exempt from disclosure.
Accordingly, a public data extract,
containing information that would
otherwise be releasable under the
Freedom of Information Act (FOIA) (5
U.S.C. 552), will be created for use by
the general public.
The data released to the public will
provide valuable market intelligence
that can be used by vendors for crafting
more efficient, targeted business
development strategies that incur lower
administrative costs. This will be
particularly beneficial for small
businesses, which often do not have the
resources to invest in dedicated
business development staff or acquire
business intelligence through thirdparties.
B. Standard Data Elements: Both
Transactional Data Reporting GSAR
clauses 552.238–74, Alternate I and
552.216–75 require contractors to report
the same eleven standard data elements.
These data elements, along with their
exemption status under FOIA, are listed
in the table below.
Data element description
Exemption status
1. Contract or Blanket Purchase Agreement (BPA) Number ................................................................................
2. Delivery/Task Order Number/Procurement Instrument Identifier (PIID) ...........................................................
3. Non Federal Entity .............................................................................................................................................
4. Description of Deliverable .................................................................................................................................
5. Manufacturer Name ...........................................................................................................................................
6. Manufacturer Part Number ................................................................................................................................
7. Unit Measure (each, hour, case, lot) .................................................................................................................
8. Quantity of Item Sold .........................................................................................................................................
9. Universal Product Code ....................................................................................................................................
10. Price Paid Per Unit ..........................................................................................................................................
11. Total Price .......................................................................................................................................................
As described in Section A, GSA
intends to share transactional data
elements that are not exempt under the
FOIA with the general public through a
public data extract.
C. Public Comments: Public
comments are invited on the FOIA
exemption status of the eleven standard
data elements identified in Section B.
Comments must be submitted following
the instructions above and must identify
any data elements addressed by number
and description.
Dated: June 23, 2016.
Chiara A. McDowell,
Deputy Assistant Commissioner, Office of
Acquisition Management, Federal Acquisition
Service.
[FR Doc. 2016–16064 Filed 7–6–16; 8:45 am]
srobinson on DSK5SPTVN1PROD with NOTICES
2 Since the price paid per unit is exempt, GSA
FAS will not release both the Total Price (data
element #11) and Quantity of Item Sold (data
element #8) as this may reveal the price paid per
unit; therefore, Quantity of Item Sold is considered
‘‘exempt’’.
17:23 Jul 06, 2016
Jkt 238001
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0108; Docket 2016–
0053; Sequence 20]
Submission for OMB Review;
Bankruptcy
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of request for comments
regarding the extension to an existing
OMB clearance.
AGENCY:
Under the provisions of the
Paperwork Reduction Act, Regulatory
Secretariat Division will be submitting
to the Office of Management and Budget
(OMB) a request to review and approve
an extension of a previously approved
information collection requirement
concerning Bankruptcy. A notice was
published in the Federal Register at 81
FR 24104 on April 25, 2016. No
comments were received.
DATES: Submit comments on or before
August 8, 2016.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to: Office of Information and
Regulatory Affairs of OMB, Attention:
SUMMARY:
BILLING CODE 6820–34–P
VerDate Sep<11>2014
DEPARTMENT OF DEFENSE
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
Not exempt under FOIA.
Not exempt under FOIA.
Not exempt under FOIA.
Not exempt under FOIA.
Not exempt under FOIA.
Not exempt under FOIA.
Not exempt under FOIA.
Exempt—5 U.S.C. 552(b)(4).2
Not exempt under FOIA.
Exempt—5 U.S.C. 552(b)(4).
Not exempt under FOIA.
Desk Officer for GSA, Room 10236,
NEOB, Washington, DC 20503.
Additionally submit a copy to GSA by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching the OMB control number.
Select the link ‘‘Submit a Comment’’
that corresponds with ‘‘Information
Collection 9000–0108, Bankruptcy.’’
Follow the instructions provided at the
‘‘Submit a Comment’’ screen. Please
include your name, company name (if
any), and ‘‘Information Collection 9000–
0108, Bankruptcy’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), 1800 F Street NW.,
Washington, DC 20405. ATTN: Ms.
Flowers/IC Information Collection
9000–0108, Bankruptcy.
Instructions: Please submit comments
only and cite Information Collection
9000–0108, Bankruptcy, in all
correspondence related to this
collection. Comments received generally
will be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
E:\FR\FM\07JYN1.SGM
07JYN1
]]>Agencies
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44305-44306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16064]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
[Notice-FAS-2016-01; Docket No. 2016-0001; Sequence 15]
Seeking Input on the Public Release of Data Collected Through
Transactional Data Reporting
AGENCY: Federal Acquisition Service (FAS), General Services
Administration (GSA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: FAS is publishing this notice to solicit comments regarding
the public release of transactional data reported in accordance with
the General Services Administration Acquisition Regulation (GSAR)
Transactional Data Reporting clauses. GSA FAS will consider comments
received in establishing its final position on which Transactional Data
Reporting (TDR) data elements are releasable under the Freedom of
Information Act (FOIA) and which elements will therefore be released to
the general public via a public data extract.
DATES: Submit comments on or before August 29, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. Adam Jones, Procurement Analyst,
FAS Office of Acquisition Management, at adam.jones@gsa.gov, or 571-
289-0164.
ADDRESSES: Submit comments identified by ``Notice FAS-2016-01; Seeking
Input on the Public Release of Data Collected Through Transactional
Data Reporting'' by any of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``Notice FAS-
2016-01; Seeking Input on the Public Release of Data Collected through
Transactional Data Reporting'' under the heading ``Enter Keyword or
ID'' and selecting ``Search''. Select the link ``submit a Comment''
that corresponds with ``Notice FAS-2016-01; Seeking Input on the Public
Release of Data Collected Through Transactional Data Reporting''.
Following the instructions provided at the ``Submit a Comment'' screen.
Please include your name, company name (if any), and ``Notice FAS-2016-
01; Seeking Input on the Public Release of Data Collected Through
Transactional Data Reporting'' on your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405.
ATTN: Ms. Flowers/Notice FAS-2016-01; Seeking Input on the Public
Release of Data Collected Through Transactional Data Reporting.
Instructions: Please submit comments only and cite Notice FAS-2016-
01; Seeking Input on the Public Release of Data Collected Through
Transactional Data Reporting, in all correspondence related to this
collection. Comments received generally will be posted without change
to https://www.regulations.gov, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check www.regulations.gov, approximately two to
three days after submission to verify posting (except allow 30 days for
posting of comments submitted by mail).
SUPPLEMENTARY INFORMATION:
A. Background: GSA published the Transactional Data Reporting final
rule in the Federal Register at 81 FR 41103 on June 23, 2016. The rule
amended the General Services Administration Acquisition Regulation
(GSAR) to include clauses that require vendors to report transactional
data from orders placed against select Federal Supply Schedule (FSS)
contracts, Governmentwide Acquisition Contracts (GWACs), and
Governmentwide Indefinite-Delivery, Indefinite-Quantity (IDIQ)
contracts. The clause applicable to GWACs and Governmentwide IDIQs,
GSAR clause 552.216-75, will be applied to new contracts in that class
and may be applied to any existing contracts in this class that do not
contain other transactional data clauses. For FSS contracts, the clause
(GSAR clause 552.238-74 Alternate I) will be introduced in phases,
beginning with a pilot for select Schedules or Special Item Numbers and
will be paired with changes to existing requirements for Commercial
Sales Practices disclosures and Price Reductions clause basis of award
monitoring. The final rule does not apply to the Department of Veterans
Affairs (VA) FSS contract holders.\1\
---------------------------------------------------------------------------
\1\ See GSAR Case 2013-G504; Docket 2014-0020; Sequence 1 (80 FR
11619 (Mar. 4, 2015)).
---------------------------------------------------------------------------
Contractors subject to Transactional Data Reporting will be
required to report eleven standard data elements. Any data
[[Page 44306]]
elements beyond the standard elements must be coordinated with the
applicable category manager, and approved by the Head of Contracting
Activity and GSA's Senior Procurement Executive in order for them to be
included with a tailored version of the applicable clause. The
determination regarding additional data elements will consider the
benefits, alternatives, burden, and need for additional rulemaking.
GSA intends to share transactional data to the maximum extent
allowable to promote transparency and competition while respecting that
some data could be exempt from disclosure. Accordingly, a public data
extract, containing information that would otherwise be releasable
under the Freedom of Information Act (FOIA) (5 U.S.C. 552), will be
created for use by the general public.
The data released to the public will provide valuable market
intelligence that can be used by vendors for crafting more efficient,
targeted business development strategies that incur lower
administrative costs. This will be particularly beneficial for small
businesses, which often do not have the resources to invest in
dedicated business development staff or acquire business intelligence
through third-parties.
B. Standard Data Elements: Both Transactional Data Reporting GSAR
clauses 552.238-74, Alternate I and 552.216-75 require contractors to
report the same eleven standard data elements. These data elements,
along with their exemption status under FOIA, are listed in the table
below.
------------------------------------------------------------------------
Data element description Exemption status
------------------------------------------------------------------------
1. Contract or Blanket Not exempt under FOIA.
Purchase Agreement (BPA)
Number.
2. Delivery/Task Order Number/ Not exempt under FOIA.
Procurement Instrument
Identifier (PIID).
3. Non Federal Entity........ Not exempt under FOIA.
4. Description of Deliverable Not exempt under FOIA.
5. Manufacturer Name......... Not exempt under FOIA.
6. Manufacturer Part Number.. Not exempt under FOIA.
7. Unit Measure (each, hour, Not exempt under FOIA.
case, lot).
8. Quantity of Item Sold..... Exempt--5 U.S.C. 552(b)(4).\2\
9. Universal Product Code.... Not exempt under FOIA.
10. Price Paid Per Unit...... Exempt--5 U.S.C. 552(b)(4).
11. Total Price.............. Not exempt under FOIA.
------------------------------------------------------------------------
As described in Section A, GSA intends to share transactional data
elements that are not exempt under the FOIA with the general public
through a public data extract.
---------------------------------------------------------------------------
\2\ Since the price paid per unit is exempt, GSA FAS will not
release both the Total Price (data element #11) and Quantity of Item
Sold (data element #8) as this may reveal the price paid per unit;
therefore, Quantity of Item Sold is considered ``exempt''.
---------------------------------------------------------------------------
C. Public Comments: Public comments are invited on the FOIA
exemption status of the eleven standard data elements identified in
Section B. Comments must be submitted following the instructions above
and must identify any data elements addressed by number and
description.
Dated: June 23, 2016.
Chiara A. McDowell,
Deputy Assistant Commissioner, Office of Acquisition Management,
Federal Acquisition Service.
[FR Doc. 2016-16064 Filed 7-6-16; 8:45 am]
BILLING CODE 6820-34-P
