41 C.F.R. Subpart J—Representation Before Regulatory Body Proceedings
Title 41 - Public Contracts and Property Management
A transportation regulatory body proceeding is a hearing before a transportation governing entity, such as a State public utility commission, the Surface Transportation Board, or the Federal Maritime Commission. The proceeding may be at the Federal or State level depending on the activity regulated. Generally, no executive agency may appear on its own behalf in any proceeding before a transportation regulatory body, unless the Administrator of General Services delegates the authority to the agency. The statutory authority for the Administrator of General Services to participate in regulatory proceedings on behalf of all Federal agencies is in section 201(a)(4) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 481(a)(4)). GSA will delegate authority when it does not have the expertise, or when it is outside of GSA's purview, to make a determination on an issue such as a protest of rates, routings or excessive charges. You must send your request for delegation with enough detail to explain the circumstances surrounding the need for delegation of authority for representation to:
General Services Administration Office of Transportation and Personal Property (MT) 1800 F Street, NW. Washington, DC 20405 (a) GSA has oversight of all public utilities used by the Federal Government including transportation. There are specific regulatory requirements a TSP must meet at the State level, such as the requirement to obtain a certificate of public convenience and necessity. (b) GSA has a list of TSPs, which meet certain criteria regarding insurance and safety, approved by DOT. You must furnish GSA with an affidavit to determine if the TSP meets the basic qualification to protect the Government's interest. As an oversight mandate, GSA coordinates this function. For further information contact:
General Services Administration Federal Supply Service Office of Transportation and Property Management Travel and Transportation Management Division (FBL) Crystal Mall Bldg. #4, Room 814 Washington, DC 20406
Title 41: Public Contracts and Property Management
PART 102–117—TRANSPORTATION MANAGEMENT
Subpart J—Representation Before Regulatory Body Proceedings
§ 102-117.320 What is a transportation regulatory body proceeding?
§ 102-117.325 May my agency appear on its own behalf before a transportation regulatory body proceeding?
§ 102-117.330 When, or under what circumstances, would GSA delegate authority to an agency to appear on its own behalf before a transportation regulatory body proceeding?
§ 102-117.335 How does my agency ask for a delegation to represent itself in a regulatory body proceeding?
§ 102-117.340 What other types of assistance may GSA provide agencies in dealing with regulatory bodies?
