Federal Management Regulation; FMR Case 2009-102-2; Disposition of Excess Personal Property

  • Date: December 14, 2009
  • Source:
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41 CFR Part 102-36

[FMR Amendment 2009-05; FMR Case 2009-102-2; Docket 2009-0002, Sequence 
RIN 3090-AI87

Federal Management Regulation; FMR Case 2009-102-2; Disposition 
of Excess Personal Property

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

ACTION: Final rule.


SUMMARY: The General Services Administration is amending the Federal 
Management Regulation (FMR) by making a change to its personal property 
policy. This final rule updates and clarifies language that has caused 
some confusion with our customers and resulted in unnecessarily 
prolonged periods to remove property.

DATES: Effective Date: This final rule is effective on August 14, 2009.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Robert Holcombe, Office of Governmentwide Policy, Office of Travel, 
Transportation, and Asset Management (MT), (202) 501-3828 or e-mail at 
[email protected]. For information pertaining to status or 
publication schedules contact the Regulatory Secretariat, 1800 F 
Street, NW., Room 4041, Washington, DC, 20405, (202) 501-4755. Please 
cite FMR case 2009-102-2.


A. Background

    A proposed rule was published in the Federal Register on February 
23, 2009 (74 FR 14510) to solicit comments on a proposed change to FMR 
section 102-36.135 (41 CFR 102-36.135). The language used in that 
section caused confusion with our customers and resulted in 
unnecessarily prolonged removal periods. The proposed revision would 
make it clear that the acquiring agency is responsible for scheduling 
and coordinating the property removal once the acquiring agency 
receives notification from GSA that they have been allocated the 
property. No comments were received.

B. Executive Order 12866

    This final rule is excepted from the definition of ``regulation'' 
or ``rule'' under Section 3(d)(3) of Executive Order 12866, Regulatory 
Planning and Review, dated September 30, 1993 and, therefore, was not 
subject to review under Section 6(b) of that Executive Order.

C. Regulatory Flexibility Act

    This final rule was not required to be published in the Federal 
Register for comment. Therefore, the Regulatory Flexibility Act does 
not apply. However, a proposed rule was published on February 23, 2009 
in order to elicit comments and to provide transparency in the 
promulgation of federal policies.

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, property disposal.

    Dated: July 15, 2009.
Paul F. Prouty,
Acting Administrator of General Services.

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


1. The authority citation for 41 CFR part 102-36 continues to read as 

    Authority:  40 U.S.C. 121(c).

2. Revise Sec.  102-36.135 to read as follows:

Sec.  102-36.135  How much time do we have to pick up excess personal 
property that has been approved for transfer?

    Normally, you have 15 calendar days from the date of GSA allocation 
to pick up the excess personal property for transfer, and you are 
responsible for scheduling and coordinating the property removal with 
the holding agency. If additional removal time is required, you are 
responsible for requesting such additional removal time.

[FR Doc. E9-19481 Filed 8-13-09; 8:45 am]


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