[Federal Register Volume 70, Number 85 (Wednesday, May 4, 2005)]
[Proposed Rules]
[Pages 23078-23080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8839]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 102-117 and 102-118

[FMR Case 2005-102-1]
RIN: 3090-AI08


Federal Management Regulation; Transportation and Management, 
Transportation Payment and Audit

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Proposed rule.

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SUMMARY: The General Services Administration is amending the Federal 
Management Regulation (FMR) by adding the requirement that 
transportation managers who obligate the Government for rate tender 
procurements must be properly authorized in writing. This written 
authorization will certify 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. The FMR and any corresponding documents may be 
accessed at GSA's website at http://www.gsa.gov/fmr.

DATES: Comment Date: July 5, 2005.

ADDRESSES: Submit comments identified by FMR case 2005-102-1 by any of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web Site: http://www.gsa.gov/fmr. Click on the FMR 
case number to submit comments.
     E-mail: [email protected]. Include FMR case 2005-
102-1 in the subject line of the message.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann 
Duarte, Washington, DC 20405.
    Instructions: Please submit comments only and cite FMR case 2005-
102-1 in all correspondence related to this case. All comments received 
will be posted without change to http://www.gsa.gov/fmr, including any 
personal information provided.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035, 
GS Building, Washington, DC, 20405, at (202) 208-7312 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Elizabeth Allison, Office of Governmentwide 
Policy, Transportation Management Policy Division, at (202) 219-1729, 
or e-mail at [email protected]. Please cite FMR case 2005-102-
1.

SUPPLEMENTARY INFORMATION:

A. Background

    31 U.S.C. 3325 and 31 U.S.C. 3527 address the issues of liability 
and relief of Certifying and Disbursing Officers. The regulation 
proposes to clarify the issue of accountability, liability, and relief 
by adding an additional requirement that will mandate that any person 
or persons who obligates Government funds have proper written authority 
from the Agency Head or his/her designee.
    It is the responsibility of Government associates, contractors, 
and/or agents of the Government to uphold their duty of spending public 
money in a responsible fiduciary manner. Therefore, it is the intent of 
this proposed regulation to cover not only certifying or disbursing 
officers as covered in 31 U.S.C. 3322 and 3528, but all persons holding 
the responsibility of procuring or paying for transportation or 
transportation services with Government funds to be held accountable 
for their transactions. Person(s) with proper authority must display 
this authority in plain view.
    Federal associates have a duty to uphold the public trust, prevent 
the occurrence of conflicts of interest, and to endeavor at all times 
to use their position for the public benefit. It is expected that any 
Government employee arranging for transportation will follow standards 
of professionalism in the relationship between the Government shipper 
and the transportation service provider (TSP). As transportation 
managers, employees are entrusted to spend money allocated to their 
agency effectively and efficiently. Employees must spend those funds 
wisely by continually seeking for required transportation services at 
the lowest cost and the best value to the Government.
    For transportation services acquired under the authorities of the 
Federal Acquisition Regulation (FAR) (48 CFR Chapter 1), contracting 
officers shall be appointed in writing on a Standard Form 1402, 
Certificate of Appointment, which shall state any limitations on the 
scope of authority to be exercised, other than limitations contained in 
applicable law or regulations. Appointing officials shall maintain 
files containing copies of all appointments that have not been 
terminated.
    Agency heads are encouraged to delegate micro-purchase authority to 
individuals who are employees of an executive agency or members of the 
Armed Forces of the United States who will be using the supplies or 
services being purchased. Individuals delegated this authority shall be 
appointed in writing in accordance with agency procedures.
    The FAR further states that procurement officers are to utilize the 
talent and experience of a qualified transportation officer for any 
transportation procurements. At a minimum, transportation managers, 
conducting a FAR procurement, will have Contracting Officer 
Representative (COR) training. There are a number of classes being 
offered in the commercial sector. GSA prescribes the Federal 
Acquisition Institute's Contracting Officer Representative (COR) Mentor 
Program that is on-line, for its CORs.
    It is, therefore, reasonable to expect that transportation 
managers, acquiring transportation services utilizing a rate tender, 
will be qualified, trained in transportation management, and have 
experience with a rate tender. Transportation managers generally are 
not formally delegated the authority to perform their functions, nor 
are they required to meet any specialized training experience or 
education requirements. This proposed rule describes procedures with 
respect to delegations of authority, and outlines training and 
experience requirements. Transportation managers, acquiring 
transportation for one-time-only shipments utilizing procurements other 
than the FAR or a rate tender, should have the authority to commit 
Government funds. The delegated authority will be in writing.

B. Substantive Changes

    This proposed rule adds the requirement and clarifies the authority 
and training that transportation managers must have to obligate 
Government expenditures for the procurement of transportation or 
transportation services utilizing a rate tender procurement.
    This proposed rule adds the requirement and clarifies the issue of

[[Page 23079]]

which person(s) obligating Government funds will be held accountable 
and that relief can only be authorized by their agency's counsel.

C. Executive Order 12866

    GSA has determined that this proposed rule is not a significant 
rule for the purposes of Executive Order 12866 of September 30, 1993.

D. Regulatory Flexibility Act

    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., because the proposed 
rule only applies to internal agency management and will not have a 
significant effect on the public.

E. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
rule does not impose recordkeeping or information collection 
requirements, or the collection of information from offerors, 
contractors, or members of the public which 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 exempt from Congressional review prescribed 
under 5 U.S.C. 801 since it relates solely to agency management and 
personnel.

List of Subjects in 41 CFR Parts 102-117 and 102-118

    Accounting, Claims, Government property management, Reporting and 
recordkeeping requirements, Surplus Government property, 
Transportation.

    Dated: April 1, 2005.
G. MARTIN WAGNER,
Associate Administrator, Office of Governmentwide Policy.
    For the reasons set forth in the preamble, GSA proposes to amend 41 
CFR parts 102-117 and 102-118 as set forth below:

PART 102-117--TRANSPORTATION MANAGEMENT

    1. The authority citation for 41 CFR part 102-117 continues to read 
as follows:

    AUTHORITY: 31 U.S.C. 3726, 40 U.S.C. 121(c), and 49 U.S.C. 
10721, 13712, and 15504.
    2. Amend Part 102-117 by adding Subpart M to read as follows:

PART 102-117--TRANSPORTATION MANAGEMENT

* * * * *

Subpart M--Authorization and Training to Procure Transportation or 
Transportation Services

Sec.
102-117.365 What authorization do I need to procure transportation 
or transportation services?
102-117.370 What training or experience is necessary to qualify me 
as a transportation manager?
102-117.375 How do I acquire the training or experience to qualify 
as a transportation manager?
102-117.380 How do I document the training or experience to qualify 
as a transportation manager?
* * * * *


Sec.  102-117.365  What authorization do I need to procure 
transportation or transportation services?

    (a) The head of the agency or someone delegated that authority must 
grant the employee the authority, in writing, to obligate Government 
funds using rate tenders to procure transportation or transportation 
services for that U.S. Government agency or agency component.
    (b) Transportation managers, acquiring transportation for one-time-
only shipments utilizing procurements other than the Federal 
Acquisition Regulation (48 CFR Chapter 1) or a rate tender, must have 
the authority to commit Government funds. The delegated authority must 
be in writing.
    (c) This authority must be posted where anyone may see that the 
employee is an experienced and trained transportation manager with the 
authority to commit Government funds.
    Note to Sec.  102-117.365: For information on liability, see Sec.  
102-118.350 of this subchapter.


Sec.  102-117.370  What training or experience is necessary to qualify 
me as a transportation manager?

    (a) A transportation manager is an authorized Federal employee who 
has been delegated to oversee the physical movement of commodities, 
household goods, and other freight from one location to another by a 
transportation service provider (TSP).
    (b) Employees may be assigned the position of a transportation 
officer or technician under the Office of Personnel Management 
classification system. For specific duties associated with a particular 
classification for traffic managers, or traffic management specialists, 
see the Office of Personnel Management web site, www.opm.gov. The 
Traffic Management Series is GS-2130.
    (c) Before you are assigned transportation management duties as an 
ancillary duty, you must demonstrate, at a minimum, knowledge and 
experience in planning and directing an overall traffic management 
program of an organization as well as--
    (1) Negotiating with TSPs;
    (2) Representing the organization's position in disputes, such as 
disagreements over rates and charges;
    (3) Developing, evaluating and advising on traffic management 
policies and programs;
    (4) Understanding a particular transportation program such as 
freight, personal property, or passenger;
    (5) Understanding the transportation requirements and systems for 
specific geographical areas;
    (6) Understanding programs that require transportation, such as 
contract administration, supply, storage, distribution, or inventory 
management;
    (7) Understanding contract methodology for the procurement of 
specific transportation services;
    (8) Analyzing transportation costs to develop alternatives in 
procurement, storage, distribution, or mobilization; and
    (9) Understanding transportation policies and procedures, as well 
as knowledge of rate tenders and other regulations.


Sec.  102-117.375  How do I acquire the training or experience to 
qualify as a transportation manager?

    (a) The minimum experience for transportation as an ancillary duty 
would be a formal 40-hour training course specializing in 
transportation management.
    (b) Transportation managers with full-time responsibilities as 
transportation managers should have documented minimum experience 
requirements for transportation as an ancillary duty with a minimum of 
an 80-hour training course and 2-year on-the-job training. College or 
university class or degrees are highly desirable and may be substituted 
for on-the-job training.
    (c) Informal training may be acquired through on-the-job training.
    (d) Classroom training is available from commercial sources such as 
transportation associations, institutes, and colleges and universities. 
Much of the training is available through computer on-line classes, but 
other courses are taught at specific locations throughout the United 
States.
    (e) There are also Government training forums and schools, but 
these may be agency specific. The Department

[[Page 23080]]

of Transportation (DOT) lists specialized training on the DOT website 
for hazardous material and other specialized cargo and freight.
    (f) Additional training is required if the employee moves or 
otherwise is involved with hazardous material, hazardous waste, or 
other specialized transportation requirements. This training must be 
current and well documented.


Sec.  102-117.380  How do I document the training or experience to 
qualify as a transportation manager?

    (a) Training documentation includes a certificate of completion 
from a class that is accredited with the International Association for 
Continuing Education and Training (IACET), at a minimum, or a degree 
from an accredited university or college, indicating the hours of 
training, experience level attained, and course description.
    (b) A supervisor must acknowledge in writing that the employee has 
attained a level of experience and the number of years of experience 
that is credited to the logistics or transportation management field.

PART 102-118--TRANSPORTATION PAYMENT AND AUDIT

    3. The authority citation for 41 CFR part 102-118 continues to read 
as follows:

    Authority: 31 U.S.C. 3726, 40 U.S.C. 121(c), and 49 U.S.C. 
10721, 13712, and 15504.


Sec.  102-118.350  [Redesignated as Sec.  102-118.351]

    4. Redesignate Sec.  102-118.350 as Sec.  102-118.351.
    5. Add new Sec.  102-118.350 to read as follows:


Sec.  102-118.350  What authority must I have to obligate funds for 
transportation or transportation services?

    (a) In accordance with 31 U.S.C. 3322 and 3528, certifying and 
disbursing officers are accountable for expenditures of public funds. 
However, any Government employee who has the responsibility to procure 
transportation must also have proper authority to obligate funds. This 
authority must be in writing from the head of your agency or his or her 
designee.
    (b) For further information and training requirements, see part 
102-117, subpart M, of this subchapter.
[FR Doc. 05-8839 Filed 5-3-05; 8:45 am]
BILLING CODE 6820-14-S