Amendment- Federal Management Regulation; Disposition of Excess Personal Property

• Date: December 14, 2009
• Source: www.gsa.gov

GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-36

[FMR Amendment 2006-06; FMR Case 2006-102-4
RIN 3090-AI27

 
Federal Management Regulation; Disposition of Excess Personal 
Property

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: The General Services Administration is amending the Federal 
Management Regulation (FMR) by correcting references to outdated or 
superceded provisions of law or regulation; correcting text to be in 
conformance with revised laws, regulation, or Federal agency 
responsibilities; and clarifying text where the intended meaning could 
be updated or made clearer.

DATES: Effective Date: October 12, 2006.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035, 
GS Building, Washington, DC 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Robert Holcombe, Office of Governmentwide Policy, 
Office of Travel, Transportation, and Asset Management (MT), at (202) 
501-3828, or e-mail at [email protected]. Please cite Amendment 
2006-06, FMR case 2006-102-4.

SUPPLEMENTARY INFORMATION:

A. Background

    GSA is in the process of revising the Federal Property Management 
Regulations (FPMR) and transferring most of the content into a new, 
streamlined Federal Management Regulation (FMR). Consequently, FMR part 
102-36 (41 CFR part 102-36) contains references to FPMR sections that 
no longer exist. Also, Public Law 107-217 revised and restated certain 
provisions of the Federal Property and Administrative Services Act of 
1949 (Property Act). For example, the Property Act provisions found at 
40 U.S.C. 471-514 will now generally be found at 40 U.S.C. 101-705. 
This final rule updates the title 40 U.S.C. citations to reflect the 
changes made by Public Law 107-217. Finally, updating or clarifying 
revisions were made where the revisions are seen as administrative or 
clerical in nature. This includes a revised definition of ``Foreign 
excess personal property.''

B. Executive Order 12866

    The General Services Administration (GSA) has determined that this 
final rule is not a significant regulatory action for the purposes of 
Executive Order 12866.

C. Regulatory Flexibility Act

    This final rule is not required to be published in the Federal 
Register for comment. Therefore, the Regulatory Flexibility Act does 
not apply.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FMR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

E. Small Business Regulatory Enforcement Fairness Act

    This final rule is exempt from Congressional review under 5 U.S.C. 
801 since it relates solely to agency management and personnel.

List of Subjects in 41 CFR Part 102-36

    Government property management, Surplus government property.

    Dated: April 14, 2006.
David L. Bibb,
Acting Administrator of General Services.

0
For the reasons set forth in the preamble, GSA amends 41 CFR part 102-
36 as set forth below:

PART 102-36--DISPOSITION OF EXCESS PERSONAL PROPERTY

0
1. The authority citation for 41 CFR part 102-36 is revised to read as 
follows:

    Authority: 40 U.S.C. 121(c).
0
2. Revise Sec.  102-36.5 to read as follows:


Sec.  102-36.5  What is the governing authority for this part?

    Section 121(c) of title 40, United States Code, authorizes the 
Administrator of General Services to prescribe regulations as he deems 
necessary to carry out his functions under subtitle I of title 40. 
Section 521 of title 40 authorizes the General Services Administration 
(GSA) to prescribe policies to promote the maximum use of excess 
Government personal property by executive agencies.


Sec.  102-36.10  [Amended]

0
3. Amend Sec.  102-36.10 by removing ``the Commonwealth of Puerto Rico, 
and the Commonwealth of'' and adding ``Puerto Rico, the Federated 
States of Micronesia, the Marshall Islands, Palau, and'' in its place.


Sec.  102-36.35  [Amended]

0
4. Amend Sec.  102-36.35 by removing from paragraph (b) ``The Property 
Act'' and adding ``Title 40 of the United States Code'' in its place; 
and by removing from paragraph (c) ``part 101-45 of this title'' and 
adding ``part 102-38 of this chapter'' in its place.
0
5. Amend Sec.  102-36.40 by--
0
a. Removing from the definition ``Exchange/sale property,'' ``means'' 
and adding ``is'' in its place; and removing ``part 101-46 of this 
title'' and adding ``part 102-39 of this chapter'' in its place;
0
b. Removing from the definition ``Foreign excess personal property,'' 
``the Commonwealth of Puerto Rico, and the Commonwealth of'' and adding 
``Puerto Rico, the Federated States of Micronesia, the Marshall 
Islands, Palau, and'' in its place;
0
c. Removing the definitions ``Federal Disposal System (FEDS)'' and 
``Property Act''; and
0
d. Adding the definition ``GSAXcess[reg]'' to read as follows:


Sec.  102-36.40  What definitions apply to this part?

* * * * *
    GSAXcess[reg] is GSA's website for reporting, searching and 
selecting excess personal property. For information on using 
GSAXcess[reg], access http://www.gsaxcess.gov.

* * * * *


Sec.  102-36.50  [Amended]

0
6. Amend Sec.  102-36.50 by removing ``the Property Act'' and adding 
``title 40 of the United States Code'' in its place.


Sec.  102-36.55  [Amended]

0
7. Amend Sec.  102-36.55 by removing from paragraph (e) ``FEDS'' and 
adding ``GSAXcess[reg]'' in its place.

[[Page 53572]]

Sec.  102-36.65  [Amended]

0
8. Amend Sec.  102-36.65 by removing ``FEDS'' and adding 
``GSAXcess[reg]'' in its place.
0
9. Amend Sec.  102-36.90 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  102-36.90  How do we find out what personal property is available 
as excess?

* * * * *
    (a) Check GSAXcess[reg], GSA's website for searching and selecting 
excess personal property. For information on GSAXcess[reg], access 
http://www.gsaxcess.gov.

* * * * *
    (c) Check any available holding agency websites.
* * * * *


Sec.  102-36.125  [Amended]

0
10. Amend Sec.  102-36.125 by removing from paragraph (a) ``(FEDS)'' 
and adding ``(GSAXcess[reg])'' in its place.


Sec.  102-36.190  [Amended]

0
11. Amend Sec.  102-36.190 by removing from paragraph (d) ``part 101-44 
of this title'' and adding ``part 102-37 of this chapter'' in its 
place.


Sec.  102-36.225  [Amended]

0
12. Amend Sec.  102-36.225 by removing ``part 101-47 of this title'' 
and adding ``part 102-75 of this chapter'' in its place.


Sec.  102-36.230  [Amended]

0
13. Amend Sec.  102-36.230 by removing from paragraph (a) ``the Federal 
Disposal System (FEDS)'' and adding ``GSAXcess[reg]'' in its place.


Sec.  102-36.295  [Amended]

0
14. Amend Sec.  102-36.295 by removing the last sentence.


Sec.  102-36.300  [Amended]

0
15. Amend Sec.  102-36.300 by--
0
a. Removing from paragraph (a) ``Personal Property Management Policy 
Division (MTP)'' and adding ``Office of Travel, Transportation, and 
Asset Management (MT)'' in its place; and
0
b. Removing from paragraph (a) ``the Commonwealth of Puerto Rico, and 
the Commonwealth of'' and adding ``Puerto Rico, the Federated States of 
Micronesia, the Marshall Islands, Palau, and'' in its place.


Sec.  102-36.320  [Amended]

0
16. Amend Sec.  102-36.320, by removing ``part 101-44 of this title'' 
each time it appears and adding ``part 102-37 of this chapter'' in its 
place.


Sec.  102-36.325  [Amended]

0
17. Amend Sec.  102-36.325 by removing ``part 101-45 of this title'' 
and adding ``part 102-38 of this chapter'' in its place.


Sec.  102-36.340  [Amended]

0
18. Amend Sec.  102-36.340 by--
0
a. Removing from paragraph (a)(4) the first ``DOD'' and adding ``the 
Department of Defense (DOD)'' in its place;
0
b. Removing from paragraph (b) ``dataplate to GSA Property Management 
Branch, San Francisco, California'' and adding ``data plate to GSA 
Property Management Branch (9FBP), San Francisco, CA 94102-3434'' in 
its place;
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c. Removing from paragraph (c) ``Aircraft Management Policy Division 
(MTA)'' and adding ``Office of Travel, Transportation, and Asset 
Management (MT)'' in its place; and
0
d. Removing from paragraph (c) ``FAIRS see part 101-37 of this title'' 
and adding ``FAIRS, see part 102-33 of this chapter'' in its place.


Sec.  102-36.345  [Amended]

0
19. Amend Sec.  102-36.345 by removing ``part 101-37, subpart 101-37.6, 
of this title'' and adding ``part 102-33, subpart D, of this chapter'' 
in its place.


Sec.  102-36.360  [Amended]

0
20. Amend Sec.  102-36.360 by removing ``part 101-37 of this title'' 
and adding ``part 102-33 of this chapter'' in its place.


Sec.  102-36.365  [Amended]

0
21. Amend Sec.  102-36.365 by removing ``Public Law 105-27 (111 Stat. 
244)'' and adding ``40 U.S.C. 555'' in its place.


Sec.  102-36.370  [Amended]

0
22. Amend Sec.  102-36.370 by removing ``Disaster Relief Act of 1974 
(Public Law 93-288 (42 U.S.C. 5121) and Executive Orders 11795 (3 CFR, 
1971-1975 Comp., p. 887) and'' and adding ``Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121-5206) and Executive 
Order'' in its place.


Sec.  102-36.380  [Amended]

0
23. Amend Sec.  102-36.380 by removing ``title IV of the Property Act'' 
and adding ``chapter 7 of title 40 of the United States Code'' in its 
place.


Sec.  102-36.390  [Amended]

0
24. Amend Sec.  102-36.390 by removing from paragraph (e) ``sec. 402(a) 
of the Property Act'' and adding ``40 U.S.C. 527'' in its place.


Sec.  102-36.400  [Amended]

0
25. Amend Sec.  102-36.400 by removing ``Sections 202 and 203 of the 
Property Act'' and adding ``40 U.S.C. 521-529, 549, and 551'' in its 
place; and by removing ``receiving agency'' and adding ``Federal 
agency, State agency, or donee receiving the property'' in its place.


Sec.  102-36.405  [Amended]

0
26. Amend Sec.  102-36.405 by removing ``part 101-49 of this title'' 
and adding ``part 102-42 of this chapter'' in its place.
0
27. Revise Sec.  102-36.420 to read as follows:


Sec.  102-36.420  How do we dispose of gifts from foreign governments 
or entities?

    Report foreign gifts on a SF 120 to GSA, Property Management 
Division (FBP), Washington, DC 20406, for possible transfer, donation 
or sale in accordance with the provisions of part 102-42 of this 
chapter.


Sec.  102-36.440  [Amended]

0
28. Amend Sec.  102-36.440 by removing ``North Capitol and H Streets, 
NW'' and adding ``732 North Capitol Street, NW'' in its place.


Sec.  102-36.465  [Amended]

0
29. Amend Sec.  102-36.465 by removing ``part 101-46 of this title'' 
and adding ``part 102-39 of this chapter'' in its place.


Sec.  102-36.470  [Amended]

0
30. Amend Sec.  102-36.470, by removing from paragraph (b) ``section 
203(i) of the Property Act'' and adding ``40 U.S.C. 548'' in its place; 
and by removing from paragraph (c) ``and'' and adding ``or'' in its 
place.

[FR Doc. E6-15042 Filed 9-11-06; 8:45 am]

BILLING CODE 6820-14-S