[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Rules and Regulations]
[Pages 57101-57103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23996]


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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: Final rule.

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SUMMARY: GSA is amending the Federal Management Regulation (FMR) to 
recommend that agencies annually submit to GSA their prior fiscal year 
transaction level transportation data for freight and cargo, including 
household goods (HHG), procured either through contract or tender, as 
well as their transportation management information. The request for 
transaction level data and transportation management information is a 
change from the Notice of the Proposed Rulemaking's recommendation that 
agencies annually submit to GSA a summary of their transportation 
activities.
    Specifically, this rule recommends that agencies report transaction 
level transportation data for freight and cargo, including HHG, such as 
shipments by procurement method, spending, transportation service 
providers (TSP), and shipping profiles. This rule also recommends that 
agencies report their transportation management information, such as 
environmental justice information, agency points of contact, and 
transportation officer warrant information and training data.
    This rule will provide GSA the 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: Effective: September 22, 2015.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Lois Mandell, Office of Government-wide Policy, at (202) 501-2735 
or by email at [email protected]. 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 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. 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 return on 
investments, generate greater savings, enhance supply chain, and 
improve sustainability. 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 
TSP, and a lack of standard training, expertise, and operational 
approaches to transportation management. A 2012 GSA study

[[Page 57102]]

identified the need for reliable Governmentwide transportation data.
    This rule recommends that agencies report transaction level 
transportation data not otherwise provided in compliance with 31 U.S.C. 
3726 to GSA's Transportation Audits Division, as well as agency 
transportation management information. The request for transaction 
level data is a change from the Notice of Proposed Rulemaking's 
recommendation that agencies annually submit to GSA a summary of their 
transportation activities.
    The Federal Interagency Transportation System (FITS), a Web-based 
tool, will be used to capture an agency's voluntary submission of 
transaction level transportation data for freight and cargo, including 
HHG, procured either through contract or tender. FITS also can capture 
agency transportation management information. An FMR bulletin will 
provide information to agencies on the annual recommended submission 
process.
    GSA's analysis of the data and information submitted by agencies 
will enable agencies to make decisions based upon factual information 
and will enable GSA to develop enhanced Governmentwide transportation 
policies to make transportation management programs more efficient, 
cost-effective, and sustainable.

B. Public Comment and Response

    In the proposed rule published at 79 FR 41667 on July 17, 2014, GSA 
provided the public a 90-day comment period which ended on October 15, 
2014. GSA received one comment from an anonymous source.
    Comment: ``Reporting is a great idea to take part in. The data that 
could be collected and used for analysis to better serve transportation 
management is what needs to be done. This allows the GSA to better 
understand where things can be improved and what could be the reason 
why it is not working more efficiently. The only way to create [sic] 
more sustainable and efficient transportation management is by 
collecting as much information to better understand.''
    Response: No changes were made as a result of the comment.

C. Substantive Changes

    This final rule:
     Revises 41 CFR part 102-117, subpart K, to recommend that 
agencies submit to GSA their prior fiscal year transaction level 
transportation data for freight and cargo, including HHG, procured 
either through contract or tender, as well as transportation management 
information. It is intended that agencies would voluntarily report 
transaction level transportation data not otherwise provided in 
compliance with 31 U.S.C. 3726 to the GSA's Transportation Audits 
Division.
     Redesignates the sections in 41 CFR part 102-117, subpart 
L.

D. 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 final rule is not a major 
rule under 5 U.S.C. 804.

E. Regulatory Flexibility Act

    These revisions are not substantive, and therefore, this final 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. The final 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.

F. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the final 
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.

G. Small Business Regulatory Enforcement Fairness Act

    This final 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

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

    Dated: September 9, 2015.
Denise Turner Roth,
Acting Administrator of General Services.

    For the reasons set forth in the preamble, GSA amends 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.

Sec.  102-117.355  [Redesignated as Sec.  102-117.361]

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


Sec.  102-117.360  [Redesignated as Sec.  102-117.362]

0
3. In subpart L, redesignate Sec.  102-117.360 as Sec.  102-117.362.

0
4. Revise subpart K to read as follows:
Subpart K--Transportation Reporting
Sec.
102-117.345 What is the Federal Interagency Transportation System 
(FITS)?
102-117.350 Do I have to report?
102-117.355 Why should I report?
102-117.356 What information should I report?
102-117.360 How do I submit information to GSA through FITS?

Subpart K--Transportation Reporting


Sec.  102-117.345  What is the Federal Interagency Transportation 
System (FITS)?

    The Federal Interagency Transportation System (FITS) is a Web-based 
tool used to capture an agency's transaction level transportation data 
for freight and cargo, including household goods (HHG), procured either 
through contract or tender that is otherwise not currently reported by 
agencies to GSA in compliance with 31 U.S.C. 3726, as well as agency 
transportation management information.


Sec.  102-117.350  Do I have to report?

    No; however all agencies are strongly encouraged to report for the 
preceding fiscal year through FITS by October 31.


Sec.  102-117.355  Why should I report?

    (a) Reporting your agency's prior fiscal year transaction level 
transportation data for freight and cargo, including HHG, procured 
either through contract or tender, as well as your transportation 
management information will enable GSA to:
    (1) Assess the magnitude and key characteristics of transportation 
within

[[Page 57103]]

the Government (e.g., how much agencies spend; what type of commodity 
is shipped; most used lanes, etc.); and
    (2) Analyze and recommend changes to Governmentwide policies, 
standards, practices, and procedures to improve Government 
transportation management.
    (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.


Sec.  102-117.356  What information should I report?

    You should report your agency's prior fiscal year transaction level 
transportation data for freight and cargo, including HHG, and 
transportation management information. Transportation data that 
currently is otherwise provided to GSA in compliance with 31 U.S.C. 
3726 is not requested. Transaction level transportation data submitted 
by agencies will remain confidential. Transportation management 
information should also be reported and should include related 
environmental information, agency points of contact, and transportation 
officer warrant and training data.


Sec.  102-117.360  How do I submit information to GSA through FITS?

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

[FR Doc. 2015-23996 Filed 9-21-15; 8:45 am]
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