Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Notices 64225

indicated or the offices of the Board of

Governors not later than December 29,

1997.

A. Federal Reserve Bank of St. Louis

(Randall C. Sumner, Vice President) 411

Locust Street, St. Louis, Missouri

63102–2034:

1. National Commerce

Bancorporation, and National

Commerce Community Bancorp, Inc., a

wholly owned subsidiary of National

Commerce Bancorporation, both of

Memphis Tennessee; to acquire 100

percent of the voting shares of

Bancshares of West Memphis, Inc., West

Memphis, Arkansas, and thereby

indirectly acquire Bank of West

Memphis, Inc., West Memphis,

Arkansas. National Commerce

Community Bancorp, Inc., also has

applied to become a bank holding

company.

2. National Commerce

Bancorporation, and National

Commerce Community Bancorp, Inc., a

wholly owned subsidiary bank holding

company of National Commerce

Bancorporation, both of Memphis,

Tennessee; to acquire 100 percent of the

voting shares of First Citizens

Bancshares Company, Marion,

Arkansas, and thereby indirectly acquire

Citizens’ Bank, Marion, Arkansas.

National Commerce Community

Bancorp, Inc., also has applied to

become a bank holding company.

Board of Governors of the Federal Reserve

System, November 28, 1997.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 97–31744 Filed 12–3–97; 8:45 am]

BILLING CODE 6210–01–F

GENERAL SERVICES

ADMINISTRATION

Federal Supply Service; Broker and

Direct Move Management Services

Provider Participation in the General

Services Administration’s Centralized

Household Goods Traffic Management

Program (CHAMP)

AGENCY: Federal Supply Service, GSA.

ACTION: Notice of proposed program

changes for comment.

SUMMARY: Earlier this year, GSA

provided the household goods

transportation industry an opportunity

to comment on its draft 1997 Household

Goods Tender of Service (HTOS). GSA

has received and reviewed the

industry’s comments on the draft 1997

HTOS and is in the process of making

appropriate revisions to the document

before issuing it in final. The provisions

contained in this notice apply to

household goods transportation broker

and direct move management services

provider participants in CHAMP and

were not included in the original draft

HTOS. We are offering these provisions

for industry review and comment at this

time.

DATES: Please submit your comments by

January 5, 1998.

ADDRESSES: Mail comments to the

Travel and Transportation Management

Staff (FBX), General Services

Administration, Washington, DC 20406,

Attn: Federal Register Notice. GSA will

consider your comments in developing

the final move management services

provisions. In the interim, rates filed in

response to GSA’s 1996 Request for

Offers have been extended for 90 days

from October 31, 1997 to January 29,

1998.

FOR FURTHER INFORMATION CONTACT:

Larry Tucker, Senior Program Analyst,

Travel and Transportation Management

Staff, FSS/GSA, 703–305–7660.

Section xx—Move Management

Services

Subsection A—General

xx-1. Scope

This section establishes terms and

conditions for participation by licensed

move management services providers

(hereinafter referred to as ‘‘broker’’) and

direct move management services

providers in the General Services

Administration’s (GSA’s) Centralized

Household Goods Traffic Management

Program (CHAMP).

xx-2. Applicable Provisions

Except as otherwise provided in this

section, the provisions of sections 1

through — — of this Household Goods

Tender of Service (HTOS), and any

amendments thereto, apply both to

brokers and direct move management

services providers covered under this

section and to the transportation

services furnished by them.

xx-3. Definition of Services

CHAMP offers Federal agencies the

following two kinds of services:

A. Transportation services.

Transportation services are the

transportation and accessorial services

normally associated with a household

goods move as set out in interstate and

intrastate tariffs or this HTOS for

international moves.

B. Move management services. Move

management services are those set out

in subsection B of this section plus

transportation services as defined in

paragraph xx-3A, above.

xx-4. Move Management Services

Provider Treated as Carrier

A. Use of the term ‘‘carrier’’. The term

‘‘carrier’’ as used in sections 1

through—— of this HTOS includes both

a broker and a direct move management

services provider.

B. Service performance requirements.

For purposes of participation in

CHAMP, a broker or a direct move

management services provider must

furnish or otherwise comply with all

applicable requirements of this HTOS,

including services, delivery timeframes,

billing, reporting, and liability

responsibilities, unless waived by the

GBL Issuing Officer or responsible

Transportation Officer. A broker must

handle any shipment an agency tenders

it the same as if it were a carrier. A

direct move management services

provider must provide the move

management services set out in

subsection B of this section in

conjunction with transportation

services; it may not conduct any

brokering of shipments under CHAMP.

C. Other performance requirements.

For purposes of participation in

CHAMP, both a broker and a direct

move management services provider

must file a schedule of their service

charges, including carrier transportation

rates, and comply with requirements for

paying GSA the specified shipment

surcharge the same as any other

participant in the program.

Additionally, both are subject to the

Customer Satisfaction Rating system.

D. Carrier as subcontractor of broker.

Since a broker participating in CHAMP

is included in the term ‘‘carrier’’ as used

in sections 1 through—— of this HTOS,

an actual carrier the broker uses to

perform transportation under CHAMP is

considered to be a subcontractor of the

broker.

E. Issuance of Government bill of

lading (GBL) to broker. When an agency

tenders a shipment to a broker, the

agency will issue a GBL directly to the

broker. The broker is responsible for

billing shipment charges in conformity

with its filed rates. The broker also is

responsible for paying its agents directly

for services furnished.

F. Broker commission. If a broker has

an agreement with a carrier it engages to

provide transportation services under

CHAMP and the agreement yields a

commission, a discount, or anything

else of value to the broker, the broker

must comply with the following before

it may accept the commission, discount,

or anything else of value for work

performed under CHAMP:

(1) For agreements that yield a

commission to the broker, the broker
64226 Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Notices

must propose a single commission rate

and a uniform rate structure forming the

basis for the commission which it will

use with all carriers it selects to perform

work under CHAMP. The broker must

disclose in writing to GSA its

commission rate and structure

(describing what the commission

represents; e.g., a percentage of full tariff

charges) and state that it will use only

this rate for work performed under

CHAMP;

(2) For agreements that do not specify

a commission but yield a discount or

anything else of value to the broker, the

broker must establish a rate structure

with a uniform spread between the rate

the Government pays the broker and the

rate the broker pays the carrier it uses

to perform work under CHAMP. The

broker must disclose and fully describe

in writing to GSA its uniform rate

structure and uniform spread, including

the basis (e.g., full tariff charges) for

calculations under the rate structure,

and must state that it will use only this

rate structure and spread for work

performed under CHAMP;

(3) A broker must send its disclosure

letter to the following address: General

Services Administration (6FBX), 1500 E.

Bannister Road, Room 1076, Kansas

City, MO 64131, Attn: HHG Rate Filing;

and

(4) GSA will review the broker’s

proposed commission rate or uniform

rate structure and either approve or

reject the broker’s arrangement.

xx–5. Restriction on Services Provided

A broker may offer only move

management services as described in

paragraph xx–3B, above. A direct move

management services provider may offer

move management services only in

conjunction with transportation

services, as described in paragraph xx–

3A, above, which it furnishes within its

current approved scope of operations.

Subsection B—Move Management

Services Provided

xx–100. General

A broker or direct move management

services provider is responsible for

arranging, coordinating, and monitoring

a relocated employee’s household goods

move from initial notification by the

shipping agency through delivery at the

new residence. A household goods

move within the continental United

States is a basic move consisting of one

shipment of household goods and

personal effects from one or more

origins to one or more destinations. The

move may include shipment of a

privately owned vehicle(s), and a move

outside the conterminous United States,

including Alaska, may include

shipment of unaccompanied air

baggage.

xx–101. Carrier Performance

Responsibility

Notwithstanding the provisions of

paragraph xx–11, below, ‘‘Origin and

destination on-site quality control,’’ the

broker or direct move management

services provider, as applicable, must

ensure that it furnishes transportation

services in accordance with the

provisions of this HTOS. It also must

take necessary and appropriate action to

protect the interests of the shipping

agency, ensure proper service

performance, and protect the real and

personal property of the relocating

employee. In the event the broker or

direct move management services

provider is negligent in executing its

responsibilities and the shipping agency

or relocating employee is adversely

affected, the broker or direct move

management services provider is liable

for damages.

xx–102. Service Performance Audit

The broker or direct move

management services provider, as

applicable, must audit transportation

billings to determine that billed services

were necessary to complete the move,

properly authorized, and actually

performed (this audit is unrelated to an

audit of the billing charges). In

performing the audit, the broker or

direct move management services

provider must issue a service

performance certification specifying by

line item whether the service (including

any unauthorized service specifically

requested by the relocating employee)

was or was not necessary to complete

the move, properly authorized, and

actually performed. The broker or direct

move management services provider

may develop its own form for this

purpose subject to shipping agency preapproval when the agency so requests.

xx–103. Employee Counseling

The broker or direct move

management services provider, as

applicable, must provide employee

counseling services including, but not

limited to, information on the following:

Applicable Federal Travel Regulation

(FTR) provisions including employee’s

household goods transportation and

weight allowance entitlement; extra

pickup/delivery service; temporary

storage-in-transit (SIT) authorized by the

shipping agency; non-temporary storage

(NTS) for the duration of the

assignment; unauthorized items;

assembly and disassembly of property;

shipment of perishable items; firearms

and hazardous materials exclusions;

insurance coverage, options, and costs;

reporting of concealed damages;

employee rights and responsibilities;

third-party servicing; packing,

unpacking, crating, and uncrating;

preparation and filing of claims;

responsibility for name and address of

origin or destination storage; delivery

out of storage; services that will be paid

by the shipping agency; services that

will be the responsibility of and paid for

by the employee even when the GBL

Issuing Officer authorizes the service on

the GBL for charge back to the

employee; moving practices of

household goods carriers; carrier’s role

in the relocation process; and the

Government’s role in a commuted rate

system (Do-it-Yourself) move under the

FTR including the limitation on

reimbursement to the employee for such

a move.

xx–104. Customer Assistance

The broker or direct move

management services provider, as

applicable, must provide a 24-hour, tollfree, single point of contact(s) by name

and telephone number for assistance in

resolving any problems that occur

during the move, including quality

control problems, as well as help in

filing a post delivery claim. The broker

or provider also must furnish, at no

additional cost to the Government, a

pocket-sized pamphlet that lists relevant

procedures and information useful to

the relocating employee.

xx–105. Completion of GSA Form 3080

The broker or direct move

management services provider, as

applicable, must furnish the relocating

employee a GSA Form 3080, Household

Goods Carrier Evaluation, for

completion of the section entitled

‘‘Relocating Employee’s Response’’ and

instruct the employee to return the form

to the shipping agency for completion of

the section, ‘‘GBL Issuing Officer’s

Response.’’ Once the shipping agency

completes its section, it must return the

form to GSA, Traffic Management

Branch, 6FBX, 1500 East Bannister

Road, Kansas City, MO. 64131.

Within 30 days of delivery of the

household goods to the new residence,

the broker or direct move management

services provider must contact the

shipping agency or employee, as

appropriate, to ensure the return of

Form 3080 to GSA.

xx–106. Claim Preparation, Filing, and

Settlement

A. Organizational involvement. The

broker or direct move management

services provider must establish an

independent claims section within its
Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Notices 64227

own organization or contract with an

independent firm to perform the

responsibilities described in paragraph

xx–106B, below. The term

‘‘independent claims section’’ means a

section which is independent of the

broker’s or direct move management

services provider’s primary claim

function and which has personnel

assigned specifically to handle Federal

agency claims. These personnel may be

assigned to perform other duties not

related to Federal agency claims. The

broker or direct move management

services provider, not the Government,

is responsible for any costs incurred in

establishing an independent claims

section within its organization or for

contracting with an independent firm to

handle GSA claims.

B. Broker/direct move management

services provider responsibilities. If

requested by the relocating employee or

the employing agency, the broker or

direct move management services

provider must:

(1) Provide assistance in the

preparation and filing of a claim

immediately upon receiving information

from the employee that loss or damage

occurred during shipment of his/her

household goods;

(2) Inform the employee that if he/she

discovers additional loss or damage at a

later date it will provide additional

assistance in preparing and filing

additional claims as necessary; and

(3) Counsel the employee in regard to

the signing of any full and

unconditional releases on any

settlement or offer of settlement

received before all claims resulting from

the move have been resolved.

xx–107. Preparation and Maintenance

of Government Bills of Lading (GBL’S)

A. Optional use of service.

Preparation and maintenance of GBL’s

as specified in paragraphs xx–106 B

through G is optional with the shipping

agency. If the shipping agency elects to

exercise this option, it must complete a

written memorandum of understanding

(MOU) with the broker or direct move

management services provider setting

out the terms and conditions, including

those required in paragraphs xx–106 B

through G, applicable to GBL

preparation and maintenance. The terms

and conditions should specify

instructions for completing each block

of the GBL.

B. GBL accountability/responsibility.

The shipping agency ultimately is

accountable/responsible for all GBL

stock and must issue and obtain a

signed receipt, as required by Federal

Property Management Regulations 101–

41.3024(2) and 101–41.308–1, for any

GBL’s it issues to the broker or direct

move management services provider.

C. Preparation of GBL forms. The

broker or direct move management

services provider must prepare a GBL

(Standard Form 1103) or Government

Personal Property Bill of Lading (SF

1203) (either hereinafter referred to as

GBL) in accordance with its MOU with

the shipping agency and instructions

published in the GSA Federal Supply

Service (FSS) Guide, ‘‘How to Prepare

and Process U.S. Government Bills of

Lading,’’ National Stock Number, 7610–

00–682–6740, FPMR 101–41.305–1. A

separate GBL must be prepared for each

authorized shipment of a privately

owned vehicle(s) or unaccompanied air

baggage (UAB). Since ultimate

responsibility and accountability for

GBL’s remains with the shipping agency

and its GBL Issuing Officer, the name

and address of the issuing office and

GBL Issuing Officer, not that of the

preparer, must appear on the GBL.

Distribution of the completed GBL must

be in accordance with the above

referenced FSS guide and FPMR 101–

41.302–2. The broker or direct move

management services provider must

give the shipping agency issuing officer

a legible memorandum copy of each

GBL it has prepared and distributed

before the pickup date of the shipment.

D. Maintenance of GBL forms. The

broker or direct move management

services provider is accountable for all

blank GBL’s provided by the shipping

agency and must:

(1) Keep them in a locked container

at all times;

(2) Maintain a GBL register for all

GBL’s it prepares showing the date of

issuance and the employee for whose

shipment it was issued; and

(3) Make the register available for

review at any time upon request by the

GBL Issuing Officer or his/her designee.

E. Amendments to original GBL. If a

GBL must be amended after

distribution, the broker or move

management services provider must

complete a GBL Correction Notice

(Standard Form 1200). Only the GBL

Issuing Officer may sign the SF 1200

and must return the signed form to the

broker or move management services

provider for the same distribution as the

original GBL.

F. Lost GBL’s. If the original copy of

an issued GBL is lost, the broker or

direct move management services

provider must notify the GBL Issuing

Officer and prepare a certification in

accordance with FPMR 101–41.307 for

forwarding to the GBL Issuing Officer

for signature. Only the GBL Issuing

Officer may sign (certify) a true

memorandum copy of an issued GBL for

use instead of the original SF 1103 for

billing purposes.

G. Damaged GBL’s. A GBL that is

damaged in preparation, prepared for

issuance but not used, or unusable for

any other reason must be marked

‘‘canceled’’ on all copies and returned to

the GBL Issuing Officer. The GBL

Issuing Officer must sign a receipt for

any canceled, damaged, or otherwise

unusable GBL returned to him/her. The

GBL Issuing Officer is responsible for

disposing of any unused, obsolete, or

canceled GBL’s in accordance with

General Records Schedule 9, Travel and

Transportation Records, 36 CFR Chapter

XII, § 1228.22.

xx–108. Data Communications

Capabilities

The broker or direct move

management services provider must be

able to electronically transmit task

orders and messages, and must provide

on-line access to its database as follows:

A. Accessibility. The GBL Issuing

Officer or his/her designee and the GSA

Program Management Office (PMO)

must have on-line access to all database

information pertaining to task orders

and shipment records applying to all

accounts established under the terms of

this HTOS. The broker or direct move

management services provider must

establish sufficient safeguards to

prevent unauthorized access to the

database, and furnish clearly

documented procedures for access and

use of the database. Electronic access

must be available through an

asynchronous modem with a baud rate

of at least 2400.

B. Database elements. The database

must contain, at a minimum, task order

and shipment information sufficient to

generate the reports specified in

paragraph xx-113. Shipment

information must be maintained in a

separate directory with a separate record

for each employee move. Shipment files

for HTOS shipments must not be

commingled with non-HTOS shipment

files. Each shipment record must

contain all information required for that

particular shipment, including

information relevant to any claim filed

with the carrier, status of the claim,

etc.(made available on a continuous

computer terminal screen when

necessary). Performance data reflecting

the handling of the move must be

independently collected and maintained

in this file. The broker or direct move

management services provider must be

able to extract and consolidate data,

such as carrier performance

information, for any specific report that

may be required.
64228 Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Notices

C. Database maintenance. The

database must be updated at a minimum

every 24 hours. The broker or direct

move management services provider

must maintain on-line access to

database elements for each shipment for

a period of one year from the date of

pickup. For record retention

requirements after one year, see 48 CFR

4.7.

xx–109. Identification of, and

Authorization for, Special Services

A. Identification of special services.

The broker or direct move management

services provider must identify all

services that may be needed in

connection with the shipment of a

particular relocated employee’s

household goods, including but not

limited to shuttle service, special

crating, third party servicing, elevator

charges, long carry, and or stair carries.

The broker or direct move management

services provider must provide this

information to the GBL Issuing Officer

and obtain any written waivers or

authorizations that may be required

under the HTOS.

B. Authorization for special services.

The broker or direct move management

services provider must obtain written

pre-authorization from the GBL Issuing

Officer prior to authorizing special

services on the GBL, such as shuttle

service, telephone pre-move survey, SIT

at origin, custom-built crating, third

party servicing, hoisting and lifting,

disassembly of waterbeds and German

shrunks (large cabinets which require

disassembly to move), pickup and

delivery on Saturday, Sunday, or

holidays, reweighs, etc. All written

authorizations and waivers must be

maintained in the shipment file. The

broker or direct move management

services provider must specify all

requested services on the GBL, both

those that are authorized and will be

paid as an entitlement of the employee

and those that are advanced and will be

charged back to the employee. The

employee must be counseled about

charges for any service that will be

advanced and charged back to the

employee before the service is

performed. A generic form may be

developed for this purpose, and any

service shown on the form that is not

applicable to a particular shipment must

be ‘‘crossed out’’ or marked ‘‘none’’ or

‘‘not applicable’’ prior to submitting the

form to the GBL Issuing Officer for

written authorization/approval.

xx–110. Origin and Destination On-Site

Quality Control

A. Optional use of this service. Origin

and destination on-site quality control

services as specified in this paragraph

xx–110 are optional with the shipping

agency. If the shipping agency elects to

exercise this option, the actual cost of

the service to be performed is negotiable

between the broker or direct move

management services provider and the

shipping agency. The agreed upon price

for the service to be performed must be

in writing and retained by both parties.

The written agreement shall be

construed as a one-time only

amendment to the broker’s/direct move

management services provider’s rate

filing and a copy of the agreement must

be included in its voucher for payment.

B. Origin services on-site quality

control. If the shipping agency requests,

quality control personnel must provide

on-site inspection service at the origin

residence on the packing and loading

dates. Such service must include at a

minimum verification of: Correct

inventory coding; the use of proper

packing, crating, and wrapping

materials and techniques; equipment

and personnel suitability; appropriate

article servicing and disassembly; and

appropriate protection for the residence

and adjacent real property. The broker/

direct move management services

provider must make a pre-visit

telephone call to confirm the

availability of the transferee.

C. Destination services on-site quality

control. If the shipping agency requests,

quality control personnel must provide

on-site inspection service at the

destination residence at the time of

delivery. Such service must include at

a minimum verification of: The

inventory coding; satisfactory

performance of the unpacking service;

equipment and personnel suitability;

appropriate article servicing and reassembly; and appropriate protection for

the residence and adjacent real

property.

D. Firms authorized to perform origin

and destination on-site quality control.

(1) Broker. A broker may engage

another firm to perform these services,

including but not limited to a household

goods carrier or freight forwarder or

representative, employee, or agent

thereof.

(2) Direct move management services

provider. A direct move management

services provider may engage another

firm to perform these services, provided

that such other firm must be a

household goods carrier or freight

forwarder or representative, employee,

or agent thereof.

xx–111. Storage-In-Transit (SIT)

A. Placement in SIT. When storage-intransit (SIT) is authorized the shipment

will be placed into SIT in accordance

with all applicable provisions of this

HTOS. The broker/direct move

management services provider must

carefully counsel the employee in

regard to the duration of storage

authorized. It must notify the employee

of the actual location of the SIT,

including the storage company’s

telephone number, within five calendar

days of delivery of the shipment into

SIT.

B. Monitoring shipments in SIT. The

broker or direct move management

services provider must monitor

shipments that have been placed in SIT

and notify the employee and the

shipping agency destination facility

representative in writing, at least ten

working days before the expiration of

any authorized period of SIT, of the

impending SIT expiration. Further, it

must counsel the employee that upon

expiration of the authorized SIT period,

the Government no longer will be liable

for storage charges, and request

disposition of the household goods, in

writing, from the shipping agency

destination facility representative and

the employee.

C. Storage in excess of 180 days. In

cases when an employee’s household

goods remain in temporary storage in

excess of the maximum 180-day SIT

period, the broker or direct move

management services provider must at

the end of the 180-day period ascertain

the condition of the property to protect

both the Government’s and the

relocating employee’s right to recovery

for losses or damages for which the

carrier is responsible. The broker or

direct move management services

provider is responsible for arranging

delivery of the property from storage to

the residence in accordance with the

shipping agency destination facility

representative’s instructions. Payment

of storage for any period in excess of the

180-day maximum is the employee’s

responsibility.

xx–112. Quality Assurance Plan

If the shipping agency requests, the

broker or direct move management

services provider must provide the

agency with a quality assurance plan

and designate quality assurance

personnel to assist in ensuring quality

service is provided. xx–113.

Management Reports.

If the shipping agency requests, the

broker or direct move management

services provider must furnish on a

timely basis the management reports

specified in paragraphs xx–113 A

through F, below. The format, content,

and frequency of the reports will be

established in accordance with the

shipping agency’s requirements. The
Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Notices 64229

broker or direct move management

services provider may be required to

provide special or one-time reports to

the shipping agency upon written

approval of the GSA Program

Management Office.

A. Shipment summary report. A

report presenting a summary of

shipments including the total number of

shipments, the number of shipments by

agency organization, number of

shipments by carrier including line-haul

carrier, number of interstate shipments,

number of intrastate shipments, number

of international shipments, total line

haul costs, and total accessorial service

costs.

B. Claims summary report. A report

presenting a summary of claims

including claims frequency, number of

claims by agency organization, number

of claims by carrier, number of interstate

claims, number of intrastate claims,

number of international claims, average

number of days between the date of

claim filing and the date of issuance of

the initial settlement offer, average

number of days between the date of

receipt of the initial settlement offer and

the date of final settlement, average

amount claimed and settled interstate,

average amount claimed and settled

intrastate, and the average amount

claimed and settled international. For

each claim that is not settled within 30

days (or 60 days when approved by the

shipping agency’s GBL Issuing Officer

or responsible Transportation Officer)

an explanation for the delay must be

provided using the delay codes

specified in section 9 of this HTOS.

C. Counseling contact summary

report. A monthly summary report of

employee counseling contacts showing

employee names, date of initial contact,

and current status of the shipment

including the date of the pre-move

survey, packing date, shipment pickup

date, and proposed delivery date into

SIT and/or the residence.

D. On-time services summary report.

A monthly summary report listing

employee names, each employee’s

scheduled pick up date, actual pick up

date, scheduled delivery date into SIT

and/or the residence, actual delivery

date into SIT and/or the residence,

scheduled date for delivery out of SIT,

and the actual delivery date out of SIT.

When scheduled and actual dates are

not the same, an explanation must be

provided.

E. Billing accuracy summary report. A

monthly summary report of billing

accuracy showing the number of

transportation bills submitted and the

number returned for correction. An

explanation of the correction must be

provided.

F. Special or one-time report. A

specially requested report approved by

the GSA Program Management Office

and provided to the GBL Issuing Officer

or the Responsible Transportation

Officer.

xx–114. User Agency and Applicant

Responsibilities–Memorandum of

Understanding

The applicant and each Federal

agency desiring to use move

management services pursuant to this

HTOS shall, prior to the commencement

of service, enter into a Memorandum of

Understanding (MOU). The MOU shall

include, but not be limited to, a

description of services the agency

requires, carrier selection criteria,

service performance auditing

instructions, non-temporary storage

delivery instruction information, names

of agency personnel who will have

authority to order move management

services, and management report

requirements. Both parties must sign the

MOU and send a copy for approval to

the address contained in paragraph xx–

202B of subsection C of this section. The

agency reserves the right to specify the

form, format, and minimum

requirements of the MOU.

Subsection C—Participation

xx–200. General

The provisions in section 2 of this

HTOS do not apply to brokers or direct

move management services providers.

The provisions contained in this section

apply instead.

xx–201. Participation

A. Broker. Participation in the Move

Management Services Program under

CHAMP is open to any broker holding

a household goods brokers license from

the U.S. Department of Transportation

(or its predecessor, the Interstate

Commerce Commission (ICC)), the

Federal Maritime Commission (FMC), or

a state regulatory authority.

B. Direct move management services

provider. Participation in the Move

Management Services Program under

CHAMP is open to any direct move

management services provider that is

currently approved to participate in

CHAMP and that has an approved

assigned scope of operations.

xx–202. Application to Participate

A. General. Except as provided in

paragraphs xx–204 B and C of this

subsection, and subject to the

restrictions in paragraph xx–207 of this

subsection, any broker or direct move

management services provider desiring

to participate in the program must

request approval to participate (see

section 2–2 of this HTOS for

information on when to submit

application for approval to participate).

B. Request to participate. A request to

participate must be sent on company

letterhead to the following address:

General Services Administration,

Federal Supply Service Bureau, Traffic

& Travel Services (6FBX), 1500 East

Bannister Road, Kansas City, MO

64131–3088. (hereinafter referred to in

this subsection C as Program

Management Office (PMO))

xx–203. Application Requirements

A broker or direct move management

services provider that wishes to

participate in the program must submit

an application in its own name to be

considered for approval to participate. A

broker or direct move management

services provider (hereinafter referred to

in this subsection as ‘‘applicant’’ unless

more specifically stated) may be subject

to punishment by fine, imprisonment,

or both (see U.S. Code, title 18, section

1001)if it: (a) Falsifies, conceals, or

covers up by any trick, scheme, or

device a material fact; (b) makes a false,

fictitious, or fraudulent statement or

representation; or (c) makes or uses a

false writing or document knowing the

same to contain any false, fictitious, or

fraudulent statement or entry on any

part of the application or on any

document furnished pursuant to this

HTOS. To be considered for approval,

the applicant must meet the following

requirements:

A. Agreement to abide by this HTOS.

The applicant must agree to abide by the

terms and conditions of this HTOS, and

any amendments thereto.

B. Operating authority. The applicant

must hold in its own name from an

appropriate regulatory body(ies) all

necessary operating authorities, permits,

and business licenses required for the

‘‘brokering’’ (applicable only to brokers)

or ‘‘furnishing’’ (applicable only to

direct move management services

providers) of transportation of personal

property. The applicant must provide a

copy of each authority, permit, or

business license to the PMO upon

demand, or provide proof that it is

exempt from such regulatory

certification by operation of law or order

of an appropriate regulatory body and

state that in addition to tariff and legal

requirements it agrees to abide by

provisions of this HTOS

C. Broker applicant’s agents. A broker

applicant by agreeing to abide by the

terms and conditions of this HTOS

certifies that it will use only those

household goods carriers approved to

participate in CHAMP to provide

transportation services.
64230 Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Notices

D. Broker applicant’s agent

agreements. A broker applicant by

agreeing to abide by the terms and

conditions of this HTOS certifies that

each agent it will use to provide

transportation services is at the time of

application, or will be at the time of use,

party to a valid written agreement with

the broker applicant. The agreement

must, at a minimum, include the

language contained in HTOS paragraph

8.5.26.6.1 and .2 and specify the terms

and conditions of the agent’s

representation of the broker applicant,

the services the agent will provide, the

terms and method of payment for

services rendered, the quality control

standards the broker applicant expects

including the method of quality

measurement, and the terms under

which the agreement may be

terminated.

E. SCAC (Standard Provider Alpha

Code) Designation/Taxpayer

Identification Number. The applicant

must have a valid SCAC issued by the

National Motor Freight Association,

Washington, DC and a valid Taxpayer

Identification Number.

F. Trading partner agreement. The

applicant must complete and sign the

Trading Partner Agreement (TPA) that

accompanies the application and send it

back in hard copy along with all other

required documentation. If applying to

handle both domestic and international

shipments, the applicant need complete

only one TPA. GSA will not process an

applicant’s request without the TPA.

G. Broker applicant provision of

performance bond. A broker applicant

must maintain a performance bond in

accordance with this HTOS. It must

renew the bond on the approval

anniversary date of each subsequent

year it continues to participate in the

move management services program.

The bond must be in a minimum

amount of $20,000 and executed by a

surety included on the list contained in

Department of Treasury Circular 570,

‘‘Surety Companies Acceptable on

Federal Bonds’’ (for additional

information, see the following Internet

address: www.fms.treas.gov/c570.html).

H. Experience. The applicant must

maintain its operations in a manner

consistent with standard industry

practices and this HTOS and

demonstrate that it will provide an

acceptable level of service.

I. Quality control program. The

applicant must have a documented and

published corporate quality control plan

that ensures services it will provide

equal or exceed the standards of service

established under this HTOS. The

published plan must fully explain all

facets of the applicant’s quality control

system.

J. Agent. The applicant by agreeing to

abide by the terms and conditions of

this HTOS certifies that each agent it

will use has a documented and

published corporate quality control plan

that ensures services it will provide

equal or exceed the standards of service

established under this HTOS. The

published plan must fully explain all

facets of the agent’s quality control

system.

K. Financial responsibility. The

applicant must demonstrate that it is

financially responsible and has the

working capital and other financial,

technical, and management resources to

perform under this HTOS.

xx–204. Submission Requirements

GSA’s approval of a request to

participate in the move management

services program is contingent on the

applicant demonstrating compliance

with the provisions of paragraph xx–203

of this subsection through the

furnishing of documentary evidence

required in paragraphs xx–204 A

through H of this subsection. GSA

reserves the right to waive the approval

requirements in paragraphs xx–204 E

and F of this subsection if the applicant

has been formally registered as

compliant with the International

Organization for Standardization

Standard 9000 or one of the standards

within the 9000 series (referred to

hereafter as ISO 9000) by an

internationally recognized ISO 9000

registrar. Before GSA will consider

waiving the approval requirements, the

applicant must provide a certified true

copy of its certificate of conformity with

ISO 9000.

A. HTOS certification. A signed copy

of the applicant’s HTOS certification

sheet entitled ‘‘Request to Participate

and Agreement to Abide by the Terms

and Conditions of the General Services

Administration’s Centralized Household

Goods Traffic Management Program’’

(see paragraph xx–203A of this

subsection).

B. SCAC designation/Taxpayer

Identification Number. A letter from the

National Motor Freight Association,

Washington, DC showing that the

applicant has been assigned a SCAC (see

paragraph xx–203E of this subsection);

statement of the applicant’s Taxpayer

Identification Number.

C. Brokers license (applicable only to

broker applicants). A copy of a valid

brokers license issued by an appropriate

regulatory body (see paragraph xx–201A

of this subsection).

D. Applicant information. Information

about the applicant such as name, postal

address, electronic mail address,

telephone and facsimile numbers,

corporate office, and operating

authorities. The applicant must indicate

whether it is under the financial or

administrative control (as addressed in

this subsection C) of any carrier,

forwarder, or other provider of

household goods services and state the

name of the controlling carrier,

forwarder, or other provider.

Additionally, the applicant must

provide a listing of any carrier(s),

forwarder(s), and/or other provider(s) of

household goods services under its

financial or administrative control.

E. Quality control program. A copy of

the applicant’s published internal

quality control program covering the

functions of traffic management (carrier

selection, employee counseling, routing,

tracing, and billing), packing/packaging/

containerizing, employee training,

supervision, and if appropriate, agent

supervision including quality control

goals and objectives showing

measurable performance standards,

measurement techniques, and plans of

action based on the performance

standards.

F. Quality control interface with

agents (applicable only to broker

applicants). Information on how the

broker applicant applies, and monitors

the application of, its quality control

program to its designated agents. In

addition, the broker applicant must

describe how its quality control program

relates to and reinforces the quality

control programs of its designated

agents.

G. Corporate account trends.

Information concerning the applicant’s

corporate account activity during the

preceding five calendar years.

xx–205. Application Evaluation

GSA will evaluate an applicant’s

request for approval to participate in the

move management services program

according to the following criteria:

A. ISO 9000 registration. GSA will

review each submitted certification to

determine its legitimacy and

applicability and whether required

periodic audits have been performed.

B. HTOS certification. GSA will

review the HTOS certification to

determine whether the applicant has

agreed to abide by the terms and

conditions of the HTOS.

C. SCAC designation/Taxpayer

Identification Number. GSA will verify

that the National Motor Freight

Association, Washington, DC, has

issued the applicant a SCAC and that

the applicant has provided a Taxpayer

Identification Number.
Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Notices 64231

D. Brokers license (applicable only to

broker applicants). GSA will verify that

the broker applicant’s brokers license is

valid.

E. Quality control program. GSA will

determine whether the applicant’s

internal quality control program has

been formally published; contains

quality control goals and objectives with

measurable performance standards,

measurement techniques, and plans of

action based on the performance

standards; and is sufficient to ensure

that the applicant’s operations,

employees, and agents, if appropriate,

are familiar with and will be held

accountable for achievement of the

program’s goals and objectives. In

evaluating a broker applicant’s request,

GSA also will determine whether the

interface between the applicant’s quality

control program and the quality control

programs of each of its designated

agents is such that the programs’ goals

and objectives and performance

standards are relatively consistent and

will result in a unified approach to the

delivery of quality service.

F. Performance bond (applies only to

broker applicants and only at time of

rate filing unless otherwise superseded

by specific criteria in the Request for

Offers). Upon receipt of the broker

applicant’s performance bond from the

surety, GSA will verify that the surety

company executing the bond appears on

the list contained in Department of

Treasury Circular 570, ‘‘Surety

Companies Acceptable on Federal

Bonds,’’ and that the amount of the

bond is at least $20,000. If the bond is

determined to be unacceptable,

approval of the broker applicant’s rate

filing will be subject to compliance with

the GSA Request for Offers. xx–206.

APPROVAL. GSA will approve an

applicant’s request for participation in

the move management services program

if it determines that the applicant

possesses sufficient qualifications,

experience, facilities, quality control

processes, and financial capacity to

satisfactorily perform under the HTOS.

xx–207. Approval Limitation

A. Broker applicants. An approved

broker applicant’s scope of operations

must be the complete coverage of the

move management services program. A

‘‘new broker’’ is a broker applicant

approved during a specific approval

window. The designation ‘‘new’’ applies

from October of the year in which GSA

grants approval until October of the

following calendar year (for example, an

applicant approved in 1997 will be

considered ‘‘new’’ until October, 1998).

B. Direct move management services

provider applicant. An approved direct

move management services provider

applicant’s scope of operations must be

identical to that of the applicable scope

of operations currently in place in

CHAMP.

xx–207. Continued Participation

A. General. Once an applicant has

been approved to participate in the

move management services program,

continued participation is contingent

upon: (1) The participant’s showing a

willingness and ability to meet the

transportation requirements of the

United States Government and to

comply with all provisions of the HTOS,

and (2) the participant’s satisfactorily

maintaining financial responsibility,

working capital, and other financial,

technical, and quality control processes

and management resources to perform

under the HTOS.

B. Continuation Of ISO 9000

certification. If an applicant’s approval

is predicated in part on ISO 9000

certification and the certification lapses

or is terminated by the certification

registrar, the applicant participant’s

approval will become conditional. The

approval will remain conditional until

the participant successfully complies

with all requirements waived due to its

ISO 9000 certification, provided that if

the participant fails to meet evaluation

standards, GSA will terminate its

approval.

C. Continuation of performance bond

(applicable only to broker participants).

If at any time a broker participant’s

performance bond is canceled and not

replaced with an acceptable new bond,

GSA will immediately terminate the

broker’s participation in the program.

D. Assignment of rights. Except for

assignment of payment of the broker’s or

direct move management provider’s

original bills to a bank for collection,

GSA will immediately terminate a

broker’s or direct move management

provider’s approval if it exercises any

right under a currently existing

agreement or enters into an agreement

with a party(ies) not subject to its

control which in any way infringes,

controverts, or otherwise subordinates

or prevents it from unilaterally deciding

whether it will or will not submit a

claim or file suit against the

Government or pay a claim made by the

Government after Government audit of

the original bill for services performed

under this HTOS.

E. Submission of false information.

Willful submission of false information

on any document furnished by an

applicant or a participating broker or

direct move management services

provider pursuant to this HTOS is

punishable by fines, imprisonment, or

both (U.S. Code title 18, section 1001),

and may result in denial or termination

of approval to participate in the move

management services program. Federal

user agencies are responsible for

selection of a broker or direct move

management services provider which

best serves its needs and final

evaluation of the selected broker’s or

provider’s performance. If it is later

discovered that a broker or direct move

management services provider was in

Common Financial and Administrative

Control (CFAC) and did not disclose

that fact, GSA will terminate its

approval.

Subsection D—Agreement to Abide

xx–300. Acceptance of These Terms and

Conditions

A broker or direct move management

services provider desiring to participate

in the move management services

program established under this HTOS

section xx must, for approval

consideration, complete the following

statement and return this entire

document to the General Services

Administration, Centralized Household

Goods Traffic Management Program

(6FBX), 1500 East Bannister Road,

Kansas City, MO 64131:

Request to Participate and Agreement

to Abide by the Terms and Conditions

of the General Service Administration’s

Centralized Household Goods Traffic

Management Program

By signing below, I, a fully authorized

representative of the [indicate one]

(broker) or (direct move management

services provider), represent that I have

read and understand the terms and

conditions contained herein and that I

for and on behalf of the [indicate one]

(broker) or (direct move management

services provider) agree to all terms and

conditions of the HTOS.

Applicant Name:

Signature and Date:

Printed Name:

Title:

Street Address:

City, State and Zip:

Telephone No.:

Fax No.:

E-mail Address:

VG–13. Cancellation of this

agreement.

Except as otherwise provided in this

HTOS, this agreement may be canceled

by the broker or direct move

management services provider, as

applicable, or the General Services

Administration upon such terms and

conditions as are mutually acceptable to

the parties.

VG–14. Acceptance by the

Government.
64232 Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Notices

Accepted by the General Services

Administration:

[Typed name]

lllllllllllllllllllll

Manager, GSA Centralized Household Goods

Traffic Management Program

Dated: November 26, 1997.

Janice Sandwen,

Director, Travel and Transportation

Management Staff.

[FR Doc. 97–31779 Filed 12–3–97; 8:45 am]

BILLING CODE 6820–24–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Notice of Intent To Prepare a

Comprehensive Conservation Plan

SUMMARY: This notice advises the public

that the U.S. Fish and Wildlife Service

(Service) intends to gather information

necessary to prepare a comprehensive

conservation plan (CCP) and

environmental documents, pursuant to

the National Environmental Policy Act

and its implementing regulations, for

Rachel Carson National Wildlife Refuge,

York and Cumberland Counties, Maine;

and Great Bay National Wildlife Refuge,

Rockingham County, New Hampshire.

The Service is furnishing this notice in

compliance with Service CCP policy:

(1) to advise other agencies and the

public of our intentions, and

(2) to obtain suggestions and

information on the scope of issues to

include in the environmental

documents.

DATES: Written comments should be

received on or before January 5, 1998.

ADDRESSES: Address comments and

requests for more information to one of

the following:

Refuge Manager, Rachel Carson National

Wildlife Refuge, 321 Port Road, Wells,

Maine 04090

Refuge Manager, Great Bay National

Wildlife Refuge, 336 Nimble Hill

Road, Newington, New Hampshire

03801.

SUPPLEMENTARY INFORMATION: It is U.S.

Fish and Wildlife Service policy to have

all lands within the National Wildlife

Refuge System managed in accordance

with an approved CCP. The CCP guides

management decisions and identifies

refuge goals, long-range objectives, and

strategies for achieving refuge purposes.

The planning process will consider

many elements, including habitat and

wildlife management, habitat protection

and acquisition, public use, and cultural

resources. Public input into this

planning process is essential. The CCP

will provide other agencies and the

public with a clear understanding of the

desired conditions for the Refuges and

how the Service will implement

management strategies.

The Service will solicit information

from the public via open houses,

meetings, and written comments.

Special mailings, newspaper articles,

and announcements will inform people

in the general area near each refuge of

the time and place of such opportunities

for public input to the CCP.

Review of this project will be

conducted in accordance with the

requirements of the National

Environmental Policy Act of 1969, as

amended (42 U.S.C. 4321 et seq.), NEPA

Regulations (40 CFR parts 1500–1508),

other appropriate Federal laws and

regulations, including the National

Wildlife Refuge System Improved Act of

1997, Executive Order 12996, and

Service policies and procedures for

compliance with those regulations.

We estimate that the draft

environmental documents will be

available by November, 1998.

Dated: November 24, 1997.

Ronald E. Lambertson,

Regional Director, U.S. Fish and Wildlife

Service, Hadley, Massachusetts.

[FR Doc. 97–31749 Filed 12–3–97; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Lower Sioux Indian Community of

Minnesota

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice.

SUMMARY: This notice is published in

accordance with authority delegated by

the Secretary of the Interior to the

Assistant Secretary—Indian Affairs by

209 DM 8, and in accordance with the

Act of August 15, 1953, 67 Stat. 586, 18

U.S.C. 1161, as interpreted by the

Supreme Court in Rice v. Rehner, 463

U.S. 713 (1983). I certify that the Lower

Sioux Indian Community of Minnesota

Liquor Control Ordinance was duly

adopted and certified by Resolution No.

39–97 of the Lower Sioux Indian

Community Council on March 25, 1997.

The ordinance provides for the

regulation, sale possession and use of

alcoholic liquor and beer within the

Tribe’s jurisdiction.

DATES: This ordinance is effective as of

December 4, 1997.

FOR FURTHER INFORMATION CONTACT: Jerry

Cordova, Office of Tribal Services, 1849

C Street, N.W., MS 4641 MIB,

Washington, D.C. 20240–4401;

telephone (202) 208–4401.

SUPPLEMENTARY INFORMATION: The Lower

Sioux Indian Community of Minnesota

Liquor Ordinance is to read as follows:

Lower Sioux Indian Community in

Minnesota

[Resolution No. 39–97]

Be it resolved that the following

LIQUOR CONTROL ORDINANCE is

hereby adopted by the Lower Sioux

Community Council.

I certify that Resolution No. 39–97

was duly adopted by the Lower Sioux

Community Council at a meeting held

on the 25th day of March , 1997, a

quorum being present, by a vote of 4 in

favor, 0 opposed, and 0 abstaining.

Betty Lee,

Secretary.

Liquor Control Ordinance; Lower Sioux

Indian Community in Minnesota

Section 1. Requirement of License

No person shall sell alcoholic

beverages within the Indian Country

that lies within the jurisdiction of the

Lower Sioux Indian Community, unless

such sale meets the requirements of this

Ordinance and takes place pursuant to

a license issued by the Lower Sioux

Community Council under this

Ordinance.

Section 2. Definitions

For purposes of this Ordinance, the

following terms have the meanings

given them.

Subd. 1. ‘‘Alcoholic beverage’’ shall

mean any beverage containing more

than one-half of one percent alcohol by

volume.

Subd. 2. ‘‘Community’’ shall mean the

Lower Sioux Indian Community in

Minnesota.

Subd. 3. ‘‘Community Council’’ shall

mean the Community Council of the

Lower Sioux Indian Community in

Minnesota.

Subd. 4. ‘‘Community Court’’ shall

mean the Court of the Lower Sioux

Indian Community.

Section 3. Licenses

Subd. 1. On-Sale Licenses. Licenses

for the sale of alcoholic beverages for

consumption on the premises of sale

within the Indian Country that lies

within the jurisdiction of the

Community may be issued by the

Community Council only to an

organization wholly owned by the

Community, to a subordinate

organization of the Community

chartered under the provisions of

Article V, section (n) of the Community

Constitution, or to a person under