[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Proposed Rules]
[Pages 36088-36093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12282]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 102-117 and 102-118

[FMR Case 2005-102-4]
RIN 3090-AI11


Federal Management Regulation; Transportation Management and 
Transportation Payment and Audit--Data Collection Standards and 
Reporting Requirements

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 specific data collection 
standards and reporting requirements. The FMR and any corresponding 
documents may be accessed at GSA's Web site at http://www.gsa.gov/fmr.

DATES: Comments are due on or before August 22, 2005.

ADDRESSES: Submit comments identified by FMR case 2005-102-4 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-
102-4 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-
102-4 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) 219-1792 or 
e-mail at [email protected]. Please cite FMR case 2005-102-4.

SUPPLEMENTARY INFORMATION:

A. Background

    Part 102-117 of the Federal Management Regulation (FMR) (41 CFR 
part 102-117, Transportation Management), currently states that there 
is no requirement for reporting on agency transportation activities. 
Over the past several years, the General Services Administration (GSA) 
has worked with the Governmentwide Transportation Policy Council (GTPC) 
interagency working group to develop standards for transportation data 
collection.
    GSA and its partner agencies determined that better information 
about agency transportation services would provide critical input for 
more informed decision making. Transportation is often viewed as 
support for other essential activities, and data is often not accorded 
high visibility or priority in determining budget allocations. The data 
necessary to facilitate sound transportation policy making are 
seriously inadequate, and the organization of data collection 
activities in the agencies is not conducive to providing them. The 
decentralized programs of the agencies, although appropriate to the 
missions of the operating administrations, are not

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well structured to address the strategic, cross-cutting, system wide 
issues that face agencies today.
    As leaders in Government, it is paramount that transportation 
managers make informed transportation decisions based on fact. Quality 
data is paramount in identifying alternative strategies and evaluating 
performance and results. Data will further provide accurate, reliable 
budget figures to advance the effective use of data for informed 
decision making and accurate agency budget submissions.

B. Substantive Changes

    This proposed rule adds the requirement and clarifies the 
collection of transportation data, analysis and reporting to improve 
information needs of decision makers in FMR Part 102-117 and links 
prepayment audit in FMR Part 102-118 to data collection in FMR Part 
102-117. To ensure that the agency transportation managers have a more 
solid knowledge base to support investment and regulatory decisions, 
which involve billions of dollars, GSA proposes to institute an annual 
Governmentwide transportation data call.

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 is not required to be published in the Federal 
Register for notice and comment; therefore the Regulatory Flexibility 
Act, 5 U.S.C. 601, et seq., does not apply because the 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: May 18, 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 follows:

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. 481, et seq.

    2. Amend Sec.  102-117.25 by adding, in alphabetical order, the 
definitions ``Barge'', ``Boxcar'', ``Break bulk'', ``Bulk cargo'', 
``Container'', ``Dry bulk'', ``Flatcar'', ``Intermodal'', ``LASH 
(Lighter Aboard Ship) barge'', ``Less-than-truck load (LTL)'', ``Liquid 
bulk'', ``Measured ton'', ``Specialized cargo'', ``Ton mile'', and 
``Truck Load''; and by revising the definition ``Mode'' to read as 
follows:


Sec.  102-117.25  What definitions apply to this part?

* * * * *
    Barge means a flat-bottomed boat designed to carry cargo on inland 
waterways, usually without engines or crew accommodations. Small barges 
for carrying cargo between ship and shore are known as lighters.
* * * * *
    Boxcar means an enclosed railcar, typically 40 to 50 feet long, 
used for packaged freight and some bulk commodities.
    Break bulk means general freight or cargo that is transported in 
units and not containerized. Examples of break bulk are lumber and 
steel. Break bulk cargo is the separation of a consolidated bulk load 
into smaller individual shipments for delivery to the ultimate 
consignee. Freight may be moved intact inside a trailer or it may be 
interchanged and re-handled to connecting carriers.
    Bulk cargo means freight or cargo transported in mass, not in 
packages or containers. Examples of bulk cargo are grain or fertilizer.
* * * * *
    Container usually means a large box (10 to 40 feet long) into which 
freight is loaded or for holding/bundling commodities. Examples of 
containers are boxes, crates, cartons, cans or barrels.
* * * * *
    Dry bulk means merchandise other than liquid carried in bulk, i.e., 
grain and fertilizer.
* * * * *
    Flatcar means a railcar without sides used for hauling machines.
* * * * *
    Intermodal denotes movements of cargo containers interchangeably 
between transport modes, i.e., motor, water, and air carriers.
    LASH (Lighter Aboard Ship) barge means a covered barge that is 
loaded on board ocean going ships for movement to foreign destinations.
    Less-than-truck load (LTL) means a shipment weighing less than the 
minimum weight needed to use the lower truck load rate.
* * * * *
    Liquid bulk means merchandise other than dry bulk carried in bulk, 
i.e., oil and propane.
    Measured ton equals 40 cubic feet, used in water transportation 
rate setting.
    Mode refers to the different methods of shipment i.e., motor, water 
or air.
* * * * *
    Specialized cargo means non containerized cargo such as automobiles 
or cattle.
* * * * *
    Ton mile means the transportation of one ton of freight for a 
distance of one mile.
* * * * *
    Truck Load means the quantity of freight required to fill a 
trailer; usually more than 10,000 pounds.
* * * * *


Sec. Sec.  102-117.355 and 102-117.360  [Redesignated as Sec. Sec.  
102-117.400 and 102-117.405]

    3. Redesignate Sec. Sec.  102-117.355 and 102-117.360 as Sec. Sec.  
102-117.400 and 102-117.405, respectively.
    4. Revise Part 102-117, Subpart K, to read as follows:

PART 102-117--TRANSPORTATION MANAGEMENT

Subpart K--Reports

Sec.
102-117.345 Is there a requirement for me to report to GSA on my 
transportation activities?
102-117.350 What data do I have to report?
102-117.355 What data form do I have to use?
102-117.360 When do I have to report?
102-117.365 How can the data be collected?
102-117.370 Are there other reporting requirements?

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102-117.375 What tasks does proper reporting of data involve?
102-117.380 Why is it important to report data and what is the value 
of the data collected to my agency?
102-117.385 What are the consequences of not reporting?
102-117.390 Where do I find further information or assistance?
102-117.395 How will GSA use reports I submit?
Subpart K--Reports


Sec.  102-117.345  Is there a requirement for me to report to GSA on my 
transportation activities?

    (a) Yes, your agency must report your transportation activities to 
GSA on an annual basis.
    (b) Monthly reports with year to date information will be gathered 
and maintained by the transportation manager with an annual report 
forwarded to GSA.


Sec.  102-117.350  What data do I have to report?

    There are five groups of data which you may be obligated to report. 
Which categories you have to report on is largely dependent on the 
specific transportation activities of your agency. Your agency must 
collect information on the following categories:
    (a) Mode.
    (b) Measure.
    (1) Weight-tons (short tons 2000 lbs), pounds;
    (2) Volume-cubage;
    (3) Cost dollars paid per shipment and/or weight measure, volume, 
value; and
    (4) Number of transactions and/or orders.
    (c) Geography.
    (1) Domestic by key regions.
    (2) International.
    (d) Key Corridors (Key city or origin and destination pairs).
    (1) Federal Budget Object Classification 22, less than $1 million 
top 10 pairs.
    (2) Federal Budget Object Classification 22, $1 million to $10 
million top 15 pairs.
    (3) Federal Budget Object Classification 22, $10 million up top 20 
pairs.
    (e) Commodities.
    (1) General freight.
    (2) Household goods shipments.
    (3) Hazardous cargo shipments.


Sec.  102-117.355  What data form do I have to use?

    The following format is suggested but not mandatory for reporting 
your data. All reports will be electronically stored, processed and 
sent electronically. Agencies may use any available electronic system, 
but systems must be capable of interfacing with other systems and GSA.
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Sec.  102-117.360  When do I have to report?

    Annual data reports to GSA are due by February 1 of each year and 
must contain data related to the previous fiscal year. The first annual 
report will be due February 1, 2007. Reports will be sent to GSA, 
Office of Governmentwide Policy, Office of Travel, Transportation and 
Asset Management, http://www.gsa.gov/transportationpolicy.


Sec.  102-117.365  How can the data be collected?

    (a) A variety of transportation data is currently available, from 
microscopic, local data to macroscopic summary data and from hard-copy 
to stored electronic data.
    (b) Agencies that utilize the Transportation Management Services 
Solution (TMSS) may download the requested information through the 
report module.
    (c) All other agencies must have electronic systems in place.


Sec.  102-117.370  Are there other reporting requirements?

    No, there are no other reporting requirements.


Sec.  102-117.375  What tasks does proper reporting of data involve?

    Proper reporting of data involves three main tasks:
    (a) Identifying your agency's reporting obligations.
    (b) Collecting the necessary data.
    (c) Checking the data for accuracy and consistency.


Sec.  102-117.380  Why is it important to report data and what is the 
value of the data collected to my agency?

    It is important to report data to identify and publicize sources of 
data on commodity movement, international trade, and freight 
transportation within the Federal Government. Information about agency 
transportation services will provide critical input for more informed 
decision making. This information will assist analysts and decision 
makers on the cost-effective ways to fulfill essential transportation 
needs; consider consolidated use of transportation services; more 
efficient use of agency transportation resources and more effective use 
of new or existing procurements. Quality data is paramount in 
identifying alternative strategies and evaluating performance and 
results. Data will further provide accurate, reliable budget figures to 
advance the effective use of data for accurate agency submissions.


Sec.  102-117.385  What are the consequences of not reporting?

    Agencies not submitting data or submitting inconsistent data will 
be requested by the General Services Administration (GSA) to comply 
with the data reporting requirements. GSA will report compliance to the 
Office of Management and Budget (OMB).


Sec.  102-117.390  Where do I find further information or assistance?

    If you need further information or assistance, contact: General 
Services Administration, Office of Travel, Transportation and Asset 
Management (MT), 1800 F Street, NW., Washington, DC 20405, or e-mail at 
http://www.policyworks.gov/transportation.


Sec.  102-117.395  How will GSA use reports I submit?

    (a) Reporting on transportation and transportation related services 
will provide GSA with--
    (1) The ability to assess the magnitude and key characteristics of 
transportation within the Government (e.g., how much agencies spend; 
what type of commodity is shipped; etc.);
    (2) Data to analyze and recommend changes to policies, standards, 
practices, and procedures to improve Government transportation; and
    (3) A better understanding of how your activity relates to other 
agencies and your influence on the Government wide picture of 
transportation services.
    (4) This data and analysis will further enable agencies to more 
accurately report budgets and expenses in the Federal Budget under 
Object Classification 22, Transportation of Things.
    (b) In addition, this information will assist you in showing your 
management the magnitude of your agency's transportation program and 
the effectiveness of your efforts to control cost and improve service.

PART 102-118--TRANSPORTATION PAYMENT AND AUDIT

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

    Authority: 31 U.S.C. 3726; and 40 U.S.C. 481, et seq.

    6. Revise Sec.  102-118.280 to read as follows:


Sec.  102-118.280  What advantages does the prepayment audit offer my 
agency?

    (a) Prepayment auditing will allow your agency to detect and 
eliminate billing errors before payment and will eliminate the time and 
cost of recovering agency overpayments.
    (b) Prepayment auditing will give you data on what is spent on 
transportation and provides accurate, reliable budget figures for 
informed decision making and accurate agency budget submissions.
    (c) Quality data is paramount in identifying alternative strategies 
and evaluating performance and results.
    7. Add Sec. Sec.  102-118.281 and 102-118.282 to read as follows:


Sec.  102-118.281  How can my agency use the data collected in the 
prepayment audit?

    Your agency can use the data collected in the prepayment audit to--
    (a) Analyze cost-effective ways to fulfill essential transportation 
needs;
    (b) Consider consolidated use of transportation services;
    (c) Use agency transportation resources more effectively; and
    (d) Use new or existing procurements more effectively.


Sec.  102-118.282  Is my agency required to report to the General 
Services Administration (GSA) on my transportation activities?

    (a) Yes, your agency must report your transportation activities to 
the General Services Administration (GSA) on an annual basis.
    (b) Monthly reports with year to date information will be gathered 
and maintained by the transportation manager with an annual report 
forwarded to GSA. See Sec. Sec.  102-117.345 through 102.117.395 of 
this chapter for more details on the reporting requirement.

[FR Doc. 05-12282 Filed 6-21-05; 8:45 am]
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