[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Proposed Rules]
[Pages 41667-41668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16817]



[[Page 41667]]

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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-117

[FMR Case 2014-102-2; Docket 2014-0015; Sequence 1]
RIN 3090-AJ45


Federal Management Regulation (FMR); Transportation Management; 
Transportation Reporting

AGENCY: Office of Government-wide Policy (OGP), General Services 
Administration (GSA).

ACTION: Proposed rule.

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SUMMARY: GSA is proposing to amend the Federal Management Regulation 
(FMR) to recommend that agencies annually submit a Federal 
Transportation Summary for prior fiscal year transportation activities 
for freight and cargo, including household goods (HHG). Every process 
improvement effort relies on data to provide a factual basis for making 
decisions. Data collection improves decision-making by helping to focus 
on objective information rather than subjective opinions. Agencies that 
choose to report will submit a Federal Transportation Summary through a 
Web-based tool named the Federal Interagency Transportation System 
(FITS). Reported items include agencies' data on transportation 
management, training, and shipments/expenditures by procurement method, 
spending, environmental/sustainable factors and shipping profile. This 
proposed rule, if adopted, will provide GSA the summary data necessary 
for analysis, which will assist GSA in developing enhanced 
Governmentwide transportation policies to make transportation 
management programs more efficient, cost-effective, and sustainable.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat at one of the addresses shown below on or before 
October 15, 2014 to be considered in the formation of the final rule.

ADDRESSES: Submit comments in response to FMR Case 2014-102-2 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking Portal by searching for ``FMR Case 
2014-102-2,'' and selecting the link that corresponds with ``FMR case 
2014-102-2.'' Follow the instructions provided at the ``Comment Now'' 
screen. Please include your name, company name (if any), and ``FMR Case 
2014-102-2'' on your attached document.
     Fax: (202) 501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, ATTN: Hada 
Flowers, Washington, DC 20405-0001.
    Instructions: Please submit comments only and cite FMR Case 2014-
102-2, on all correspondence related to this case. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Lee Gregory, Office of Government-wide Policy, at (202) 507-0871 or 
by email at lee.gregory@gsa.gov. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755. Please cite FMR Case 2014-102-2.

SUPPLEMENTARY INFORMATION:

A. Background

    In almost every purchase of supplies and equipment from vendors, 
something must be moved and delivered. Since the early 1860s, the 
Federal Government has procured transportation using either a contract 
or a tender of service (also called a rate tender). There are Federal 
transportation laws and regulations that govern each of the five modes 
of transportation (air, water, pipeline, rail, and ground). Each mode 
has advantages and disadvantages that should be evaluated for cost, 
sustainability, speed of delivery, etc. The expense of moving this 
freight or cargo, including HHG, can be managed by the agency, 
consolidated as a shared service across agencies, or the transportation 
service provider (TSP), depending upon the contract or tender of 
service terms.
    Over the last several years, GSA has worked with the Governmentwide 
Transportation Policy Council (GTPC) to identify key transportation 
performance measures, data elements, and collection standards necessary 
for more informed decision-making. The GTPC is composed of 
representatives from civilian agencies and the Department of Defense, 
and provides guidance in the planning and development of uniform 
transportation policies and procedures. The GTPC supports data 
collection as a necessary first step to improve transportation 
management.
    In 2009, GSA contracted for a Governmentwide transportation 
management study. The study concluded that ``most agencies have no 
single point of accountability for outbound transportation, have 
limited transparency into actual expenditures, and usually do not 
identify the most appropriate procurement method.'' The study also 
identified inadequate research into the acquisition and selection of a 
transportation service provider (TSP), and a lack of standard training, 
expertise, and operational approaches to transportation management. A 
2012 GSA study identified the need for reliable Governmentwide 
transportation data.
    Best in class organizations exhibit a consistent set of behaviors 
to identify and implement improved processes that maximize the 
efficiency, cost effectiveness, and sustainability of their 
transportation operations. Organizations seeking continuous improvement 
monitor, measure and compare their performance against other 
organizations to improve their return on investment, generate greater 
savings, enhance their supply chain and improve sustainability. GSA is 
proposing to revise the FMR to recommend agencies annually submit a 
Federal Transportation Summary for prior fiscal year transportation 
activities for freight and cargo, including household goods. The data 
collected and reported will help agencies and GSA improve management, 
transportation services, and policy.

B. Changes

    This proposed rule:
     Would revise 41 CFR part 102-117, subpart K, to recommend 
annual reporting of transportation data.
     Would redesignate the sections in 41 CFR part 102-117, 
subpart L.

C. Executive Orders 12866 and 13563

    Executive Orders (E.O.) 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, 
of reducing costs, of harmonizing rules, and of 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 proposed rule is not a major 
rule under 5 U.S.C. 804.

D. Regulatory Flexibility Act

    These revisions are not substantive, and therefore, this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities

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within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et 
seq. The proposed rule is also exempt from the Administrative Procedure 
Act per 5 U.S.C. 553(a)(2), because it applies to agency management or 
personnel.

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 
offerors, contractors, or members of the public that require the 
approval of the Office of Management and Budget 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 to agency management or 
personnel.

List of Subjects in 41 CFR Part 102-117

    Transportation Management, Transportation Reporting.

    Dated: June 18, 2014.
Christine J. Harada,
Associate Administrator.
    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 continues to read as 
follows:

    Authority:  31 U.S.C. 3726; 40 U.S.C. 121(c); 40 U.S.C. 501, et 
seq.; 46 U.S.C. 55305; 49 U.S.C. 40118.


102-117.355  [Redesignated as 102-117.361]

0
2. In Subpart L, redesignate 102-117.355 as 102-117.361.


102-117.360  [Redesignated as 102-117.362]

0
3. In Subpart L, redesignate 102-117.360 as 102-117.362.
0
4. Revise Subpart K to read as follows:
Subpart K--Transportation Reporting
Sec.
102-117.345 What is the Federal Transportation Summary?
102-117.350 Do I have to report?
102-117.355 Why should I report?
102-117.360 How do I submit information to GSA for the Federal 
Transportation Summary?

Subpart K--Transportation Reporting


102-117.345  What is the Federal Transportation Summary?

    (a) The Federal Transportation Summary is an annual summary of an 
agency's prior fiscal year transportation data for freight and cargo, 
including household goods (HHG). Reported items include agencies' data 
on transportation management, training, and shipments/expenditures by 
procurement method, spending, environmental/sustainable factors and 
shipping profile.
    (b) Agencies that choose to report should submit their Federal 
Transportation Summary through a Web-based tool named the Federal 
Interagency Transportation System (FITS). It is anticipated that 
agencies will upload some data from operational transportation systems, 
while other data will be reported directly into FITS. Agencies' Federal 
Transportation Summaries will provide GSA the data necessary for 
analysis that will result in enhanced transportation policies for 
delivering a more efficient, cost-effective, sustainable, and 
accountable Government. The data will also allow agency benchmarking to 
drive improvement.


102-117.350  Do I have to report?

    No; however, all Chief Financial Officer (CFO) Act agencies are 
strongly encouraged to submit annually an agency-wide Federal 
Transportation Summary for the preceding fiscal year through FITS by 
October 31.


102-117.355  Why should I report?

    (a) Reporting transportation and transportation-related services 
will provide GSA with:
    (1) Data to assess the magnitude and key characteristics of 
transportation within the Government (e.g., how much agencies spend; 
what type of commodity is shipped; most used lanes, etc.), and
    (2) Data to analyze and recommend changes to policies, standards, 
practices, and procedures to improve Government transportation.
    (b) Agencies that choose to report may identify opportunities 
within their organization to improve transportation management program 
performance as a result of the data analytics.


102-117.360  How do I submit information to GSA for the Federal 
Transportation Summary?

    GSA will post a Federal Management Regulation bulletin at http://gsa.gov/fmrbulletintransportation, which will provide information 
regarding FITS, detail the submission process, including data 
requested, and provide information concerning available training.

[FR Doc. 2014-16817 Filed 7-16-14; 8:45 am]
BILLING CODE 6820-14-P