[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Proposed Rules]
[Pages 19720-19723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10514]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-40

RIN 3090-AG34


Transportation and Traffic Management Regulations

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Proposed rule.

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SUMMARY: The General Services Administration proposes to amend Part 
101-40 of the Federal Property Management Regulations by revising and/
or removing text in the first three subparts to reflect procedural and 
policy changes. This action gives individual agencies greater 
flexibility and authority for administering their freight and household 
goods transportation and traffic management activities.

DATES: Comments must be received by June 23, 1997.

ADDRESSES: Written comments must be sent to the General Services 
Administration (MTT), 18th & F Streets, NW, Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: William P. Hobson, Travel and 
Transportation Management Policy Division, (202) 501-0483.

SUPPLEMENTARY INFORMATION: The General Services Administration (GSA) 
has determined that this rule is not a significant regulatory action 
for the purpose of Executive Order 12866 of September 30, 1993, because 
it is not likely to result in an annual effect on the economy of $100 
million or more; a major increase in costs to consumers or others; or 
significant adverse effects. Therefore, a regulatory impact analysis 
has not been prepared. GSA has based all administrative decisions 
underlying this rule on adequate information concerning the need for 
and consequences of this rule; has determined that potential benefits 
to society from this rule outweigh the potential costs and has 
maximized the net benefit; and has chosen the alternative approach 
involving the least net cost to society.
    The reporting forms required by this regulation are not subject to 
the provisions of the Paperwork Reduction Act of 1996 (44 U.S.C. 
Chapter 35). Therefore, the Paperwork Reduction Act does not apply.
    Pursuant to the Regulatory Flexibility Act, it is determined that 
this rule will not have a significant economic impact on a substantial 
number of small entities. Therefore, no regulatory flexibility analysis 
has been prepared.

List of Subjects in 41 CFR Part 101-40

    Freight, Government property management, Moving of household goods, 
Reporting and recordkeeping requirements, Transportation.

    GSA proposes to amend 41 CFR Part 101-40 as follows:

PART 101-40--TRANSPORTATION AND TRAFFIC MANAGEMENT

    1. The authority citation for 41 CFR Part 101-40 continues to read 
as follows:

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).


Sec. 101-40.001  [Reserved]

    2. Section 101-40.001 is removed and reserved.

Subpart 101-40.1--General Provisions

    3. Section 101-40.101-1 is revised to read as follows:


Sec. 101-40.101-1  Freight transportation management assistance.

    Executive agencies may request assistance from the Department of 
State on shipments of household goods moving from, to, and between 
foreign countries. The Department of State, if requested, will prepare 
documents, book shipments, and make all customs arrangements. 
Assistance on movements originating abroad should be arranged through 
the nearest Embassy or Consulate. International shipments originating 
in the conterminous United States can be arranged with Transportation 
Operations, Room 1244, Department of State, Washington, DC 20520, (202) 
647-4140 or 1-800-424-2947.


Sec. 101-40.101-2  [Removed and Reserved]

    4. Section 101-40.101-2 is removed and reserved.


Sec. 101-40.106  [Removed and Reserved]


Sec. 101-40.107  [Removed and Reserved]


Sec. 101-40.108  [Removed and Reserved]

    5. Sections 101-40.106 through 101-40.108 are removed and reserved.


Sec. 101-40.109-1  [Removed and Reserved]

    6. Section 101-40.109-1 is removed and reserved.
    7. Section 101-40.109-2 is revised to read as follows:


Sec. 101-40.109-2  Office relocation contracts.

    (a) Prior to entering into office relocation contracts, agencies 
should ensure they are complying with the provisions of FPMR Temp. Reg. 
D-73, or reissues thereof. (See 41 CFR, appendix to subchapter D.) 
Compliance

[[Page 19721]]

assistance may be obtained from the respective regional directors of 
the GSA Public Building Service, Real Estate Division.
    (b) Arrangements for moving services, other than local office 
relocation moves, will be contracted for using competitive procedures 
or other appropriate relocation arrangements including Government 
tenders pursuant to section 13712 of the ICC Termination Act of 1995 
(49 U.S.C. 13712).
    (c) Local office relocation moves must be acquired by contract. 
Neither the statutory exemption provided for in paragraph (3) of 
section 7 of the McNamara-O'Hara Service Contract Act of 1965 (Service 
Contract Act) (41 U.S.C. 351 et seq.) exempting ``any contract for the 
carriage of freight of personnel * * *  where published tariff rates 
are in effect'' nor the administrative exemption for contracts for the 
carriage of freight or personnel subject to rates covered by section 
13712 of the ICC Termination Act of 1995. (See 29 CFR 4.123.) The 
Service Contract Act applies to local office relocation moves where 
transportation costs (such as packing, crating, handling, loading, and/
or storage of goods prior to or following line-haul transportation) are 
incidental to the principal purpose of the contract. (See 29 CFR 
4.118.)


Sec. 101-40.109-3  [Removed and Reserved]

    8. Section 101-40.109-3 is removed and reserved.
    9. Section 101-40.110-2 is revised to read as follows:


Sec. 101-40.110-2  Minority business enterprises.

    Consistent with the policies of the Government stated in 48 CFR 
part 19, minority business enterprises shall have the maximum 
practicable opportunity to participate in the performance of Government 
purchases and contracts. Agencies shall encourage transportation-
related minority enterprises, regardless of the mode of transportation, 
to identify themselves and provide services that will support the 
agencies' transportation requirements.
    10. Section 101-40.111 is revised to read as follows:


Sec. 101-40.111  Maintenance of tariff files.

    Executive agencies should maintain those tariffs and rate tenders 
necessary to meet their operational requirements.
    11. Section 101-40.112 is amended by revising paragraph (b) to read 
as follows:


Sec. 101-40.112  Transportation factors in the location of Government 
facilities.

* * * * *
    (b) If changes in the location, relocation or deactivation of 
Government installations or facilities are contemplated and will result 
in significant changes in the movement of property, executive agencies 
shall ensure that consideration is given to the various transportation 
factors that may be involved in this relocation or deactivation.
    12. The heading of Subpart 101-40.2 is revised to read as follows:

Subpart 101-40.2--Household Goods Transportation

    13. Section 101-40.200 is revised to read as follows:


Sec. 101-40.200  Scope of subpart.

    This subpart prescribes regulations concerning the movement of 
household goods of Government employees and their dependents who are 
eligible for relocation within the conterminous United States. As used 
in this subpart, the term ``household goods'' includes personal 
effects, and the term ``employee(s)'' includes eligible dependents.


Sec. 101-40.202  [Removed and Reserved]

    14. Section 101-40.202 is removed and reserved.
    15. The heading of Section 101-40.203 is revised to read as 
follows:


Sec. 101-40.203  Household goods movement evaluation procedures.

    16. Section 101-40.203-1 is revised to read as follows:


Sec. 101-40.203-1  Negotiations by executive agencies.

    Executive agencies are authorized to negotiate with carriers in 
establishing or modifying rates, charges, classification ratings, 
services, and rules or regulations for household goods transportation. 
(See Sec. 101-40.306.)
    17. Section 101-40.203-2 is amended by revising paragraph (a) to 
read as follows:


Sec. 101-40.203-2  The GBL method.

    (a) For the purposes of this subpart, shipments of Government 
employees' household goods authorized to move under a Government bill 
of lading (GBL) are classified as ``GBL method'' shipments. This method 
is distinguishable from the commuted rate system (Sec. 101-40.203-3) in 
that when a GBL is used, the Government, not the employee, is the 
shipper and the Government pays the carrier the applicable 
transportation charges. The decision on which method shall be 
authorized is the decision of the employing agency, and shall be based 
on a comparison of costs between the two systems (see Sec. 101-40.203-
4). When a shipment moves under a GBL, the agency or its agent prepares 
the bill of lading, books the shipment, and in event of loss or damage 
to the household goods, may either file claims directly with the 
carrier, on behalf of the employee, or assist the employee in filing 
claims against the carrier.
* * * * *
    18. Section 101-40.203-4 is revised to read as follows:


Sec. 101-40.203-4  Cost comparisons.

    Agencies shall compare the costs of using the commuted rate system 
with the cost of using the GBL method. The comparisons shall include 
the costs of transportation, packing, and other accessorial services. 
The calculation of costs for the commuted rate system shall be based on 
the Commuted Rate Schedule in effect at the time the cost comparison is 
prepared. The calculation of costs of the GBL method shall be based on 
actual carrier rates and charges as maintained by a carrier or 
otherwise tendered to the Government. Section 302-8.3(c)(4)(i) of the 
Federal Travel Regulation (41 CFR chapters 301 through 304) provides 
that the commuted rate system shall be used for individual employee 
transfers without consideration being given to the GBL method, except 
that the GBL method may be used if the actual transportation costs 
(including the costs of packing and other accessorial services) to be 
incurred by the Government are predetermined and can be expected to 
result in a real savings to the Government of $100 or more. Agencies 
requiring the Commuted Rate Schedule for Transportation of Household 
Goods shall prepare a Standard Form 1, Printing and Binding 
Requisition, and send it to: Superintendent of Documents, Departmental 
Account Representative Division, U.S. Government Printing Office (GPO), 
Washington, DC 20401.
    19. Section 101-40.204 is revised to read as follows:


Sec. 101-40.204  Carrier selection and distribution of shipments.

    Agencies authorizing the GBL method shall select the eligible 
carrier that meets the agency's service requirements and offers the 
lowest cost consistent therewith. Deviations from this methodology 
shall be documented in the requesting agency's records. (See Sec. 101-
40.302.)
    20. Section 101-40.205 is revised to read as follows:

[[Page 19722]]

Sec. 101-40.205  Quality control.

    Agencies should monitor the performance and quality of household 
goods carriers' service, including the extent of its and its relocating 
employees' satisfaction with the carriers' service. Relocating 
employees should monitor the direct performance of carrier service, 
including but not limited to such factors as quality of packing, 
personal courtesy, communication of services, problem responsiveness, 
delivery without damage, delivery on time, and overall quality. Traffic 
managers should monitor the carriers' management of the move and how 
that management affects carrier service, including but not limited to 
such factors as courtesy at tracing, communicating changes, 
flexibility, timeliness of pickup and delivery, and overall quality.
    21. Section 101-40.206 is amended by revising the introductory text 
and paragraph (a) to read as follows:


Sec. 101-40.206  Household goods carriers' liability.

    Carriers' Government rate tenders and their applicable tariffs 
establish the carriers' minimum liability for the loss of or damage to 
Government employees' household goods transported in conjunction with 
this subpart. A value exceeding the tender or tariff minimum may be 
declared on the bill of lading, but the carrier will charge a valuation 
fee for each $100, or fraction thereof, of such higher declared 
valuation. Employees should be fully informed as to the extent the 
Government will be monetarily responsible for the transportation of 
household goods, the differences in standard liability under Government 
and commercial bills of lading, the steps necessary to increase or 
decrease the carriers' liability, and the relative advantage the 
employee would have under the Military Personnel and Civilian 
Employees' Claims Act of 1964 (see Sec. 101-40.207(b)) when the 
employee chooses to declare a valuation that either exceeds (in which 
case, the employee is liable for an excess valuation charge) or does 
not exceed the tender or tariff minimum.
    (a) Carriers' Government tenders or their tariffs establish the 
carriers' minimum liability for loss or damage, and carriers' tenders 
or tariffs prescribe any additional charges for which the Government 
may be responsible relative to that liability. In the absence of an 
employee's written request for a valuation that exceeds the minimum 
liability specified in the tender or tariff, all GBLs should be 
annotated to show the minimum, liability specified in the tender or 
tariff. If an employee requests the agency to declare a valuation that 
exceeds the tender or tariff minimum, the agency will enter the 
declaration on the GBL, pay the carrier the valuation fee (if 
applicable), and collect the fee from the employee; alternatively, the 
agency will enter the declaration on the GBL and direct the carrier to 
collect the valuation fee (if applicable) directly from the employee. 
Should the employee's request for increased valuation be made after the 
GBL has been tendered to the carrier but before the shipment has been 
picked up, the employee should not make a separate arrangement with the 
carrier for increased valuation. Instead, the employee should notify 
the GBL issuing officer of the valuation desired, and request that the 
original GBL be amended on Standard Form 1200, Government Bill of 
Lading Correction Notice. (See Sec. 101-41.4901-1200.)
* * * * *
    22. Section 101-40.207 is amended by revising paragraphs (a), (c), 
and (d) and by removing paragraph (e) to read as follows:


Sec. 101-40.207  Household goods loss and damage claims.

    (a) Claims for loss and damage to household goods will normally be 
filed and processed with the line-haul carrier; i.e., the carrier to 
which the household goods were tendered and which is shown on the bill 
of lading as having received the shipment. Depending on agency policy, 
claims for the repair, replacement, or loss of household goods may be 
filed by either the agency or the employee (as owner of the goods). 
When the employee files the claim, the agency will furnish the employee 
necessary assistance in claim procedures.
* * * * *
    (c) When settling a claim for loss or damage to a shipment of 
household goods, carriers may settle either for the full value declared 
by the shipper or arrive at the current actual value of the lost or 
damaged item by using the criterion of replacement cost of the lost or 
damaged item, less depreciation. The basis upon which carriers will 
settle a claim is contained in carriers' tariffs or tenders offered the 
Government under section 13712 of the ICC Termination Act of 1995.
    (d) Regulations governing household goods carriers subject to the 
ICC Termination Act of 1995 are contained in 49 CFR part 1056.
    23. Section 101-40.208 is revised to read as follows:


Sec. 101-40.208  Temporary nonuse, debarment, or suspension of 
household goods carriers.

    Based on information obtained as provided in Sec. 101-40.205 or 
documented instances of other service complaints or deficiencies, 
agencies may place household goods carriers in temporary nonuse, 
debarred, or suspended status in accordance with the procedures 
specified in subpart 101-40.4.

Subpart 101-40.3--Rates, Routes, and Services


Sec. 101-40.301  [Removed and Reserved]

    24. Section 101-40.301 is removed and reserved.
    25. Section 101-40.302 is revised to read as follows:


Sec. 101-40.302  Standard routing principle.

    Shipments shall be routed using the mode of transportation, or 
individual carrier or carriers within the mode, that can provide the 
required service at the lowest overall delivered cost to the 
Government. Executive agency shippers will comply with all Federal, 
State, and local laws and regulations relating to vehicular size and 
weight limitations.
    26. Section 101-40.303 is revised to read as follows:


Sec. 101-40.303  Application of the standard routing principle.

    In the application of the standard routing principle, the principal 
factors for consideration, in their relative order of importance, are: 
Satisfactory service, aggregate delivered cost, equitable distribution 
of traffic, and least fuel-consumptive carrier/mode.
    27. Section 101-40.303-1 is amended by revising the introductory 
paragraph to read as follows:


Sec. 101-40.303-1  Service requirements.

    The following factors should be considered in determining whether a 
carrier or mode of transportation can meet an agency's transportation 
service requirements for each individual shipment:
* * * * *
    28. Section 101-40.303-2 is revised to read as follows:


Sec. 101-40.303-2  Aggregate delivered costs.

    When comparing aggregate delivered costs to determine the most 
economical routing of shipments consistent with service requirements, 
consideration should be given to all factors which increase costs to 
the shipping or receiving activity. In addition to the actual 
transportation rates and charges, other cost factors, such as packing, 
blocking, bracing, dunnage, drayage,

[[Page 19723]]

loading, and unloading, should be considered where these items affect 
overall costs.
    29. Section 101-40.303-3 is revised to read as follows:


Sec. 101-40.303-3  Equitable distribution of traffic among carriers.

    When more than one mode of transportation or more than one carrier 
within a mode can provide equally satisfactory service at the same 
aggregate cost and all modes are equally fuel efficient, the traffic 
should be distributed as equally as practicable among the modes and 
among the carriers within the modes. When socially or economically 
disadvantaged carriers and women-owned carriers are among the eligible 
competing carriers, positive action will be taken to include such 
carriers in the equitable distribution of traffic.
    30. Section 101-40.303-4 is revised to read as follows:


Sec. 101-40.303-4  Most fuel efficient mode.

    When more than one mode can satisfy the service requirements of a 
specific shipment at the same lowest aggregate delivered cost, the mode 
determined to be the most fuel efficient should be selected. In 
determining the most fuel efficient mode, consideration should be given 
to such factors as use of the carrier's equipment in ``turn around'' 
service, proximity of carrier equipment to the shipping activity, and 
ability of carrier to provide the most direct service to the 
destination points.
    31. Section 101-40.304 is amended by revising paragraph (a) and by 
removing paragraph (d) to read as follows:


Sec. 101-40.304  Description of property for shipment.

    (a) Each shipment shall be described on the bill of lading or other 
shipping document as provided in the applicable tender offered to the 
Government by the carrier or as provided in the agreement negotiated 
with the carrier by the Government or in accordance with the carrier's 
tariff. Trade names such as ``Foamite'' or ``Formica'' or general terms 
such as ``vehicles,'' ``furniture,'' or ``Government supplies,'' shall 
not, unless specifically negotiated with the carrier by the Government, 
be used as bill of lading descriptions.
* * * * *


Sec. 101-40.305-1  [Removed and Reserved]


Sec. 101-40.305-2  [Removed and Reserved]

    32. Sections 101-40.305-1 and 101-40.305-2 are removed and 
reserved.
    33. Section 101-40.305-3 is revised to read as follows:


Sec. 101-40.305-3  Negotiations by executive agencies.

    Executive agencies are authorized to negotiate with carriers in 
establishing or modifying rates, charges, classification ratings, 
services, and rules or regulations for freight transportation.
    34. Section 101-40.306 is revised to read as follows:


Sec. 101-40.306  Rate tenders to the Government.

    Under the provisions of sections 10721 (rail) and 13712 (motor) of 
the ICC Termination Act of 1995 (49 U.S.C. 10721 and 13712), common 
carriers are permitted to submit tenders to the Government which 
contain transportation rates and/or charges for accessorial services 
that are lower than those published in tariffs applicable to the 
general public; and the Government may solicit from carriers offers to 
provide transportation and accessorial services at rates and/or charges 
lower than those published in tariffs applicable to the general public. 
Rate tenders may be applied to shipments made by the Government on 
behalf of foreign governments. In addition, rate tenders may be applied 
to shipments other than those made by the Government provided the total 
benefits accrue to the Government; that is, provided the Government 
pays the charges or directly and completely reimburses the party that 
initially pays the freight charges. (Interpretation of Government Rate 
Tariff for Eastern Central Motor Carriers Association, Inc., 332 I.C.C. 
161 (1968).)
    35. Section 101-40.306-2 is amended by revising the introductory 
text of paragraph (a) to read as follows:


Sec. 101-40.306-2  Required shipping documents and annotations.

    (a) To qualify for transportation under section 10721 or 13712, 
property must be shipped by or for the Government on:
* * * * *
    36. Section 101-40.306-3 is revised to read as follows:


Sec. 101-40.306-3  Distribution.

    Each agency receiving rate tenders shall promptly submit two copies 
(including at least one signed copy) to the General Services 
Administration, Office of Transportation Audits (FW), Washington, DC 
20405.
    37. Section 101-40.306-4 is revised to read as follows:


Sec. 101-40.306-4  Bill of lading endorsements.

    To ensure application of Government rate tenders to all shipments 
qualifying for their use, bills of lading covering the shipments shall 
be endorsed with the applicable tender or quotation number and carrier 
identification; e.g., ``Section 13712 quotation, ABC Transportation 
Company, Tender No. 143.'' In addition, where commercial bills of 
lading are used rather than Government bills of lading, the commercial 
bills of lading shall be endorsed in conformance with the provisions 
set forth in Sec. 101-40.306-2(a). (For specific regulations covering 
transportation generated under cost-reimbursement type contracts, see 
48 CFR 47.104-3.)

    Dated: December 17, 1996.
G. Martin Wagner,
Associate Administrator, Office of Governmentwide Policy.
[FR Doc. 97-10514 Filed 4-22-97; 8:45 am]
BILLING CODE 6820-34-P