Federal Management Regulation; Disposition of Personal Property, 53646-53648 [E6-15073]

Download as PDF sroberts on PROD1PC70 with PROPOSALS 53646 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules or systems needed to comply with this section in accordance with 40 CFR 60.11(d) and consistent with good engineering practices to keep emissions at or below the emissions limitations in this section, and following outages of any control equipment or systems the control equipment or system will be returned to full operation as expeditiously as practicable. (i) Enforcement. (1) Notwithstanding any other provision in this implementation plan, any credible evidence or information relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed, can be used to establish whether or not a person has violated or is in violation of any standard in the plan. (2) During periods of start-up and shutdown the otherwise applicable emission limits or requirements for opacity and particulate matter shall not apply provided that: (i) At all times the facility is operated in a manner consistent with good practice for minimizing emissions, and the owner or operator uses best efforts regarding planning, design, and operating procedures to meet the otherwise applicable emission limit; (ii) The frequency and duration of operation in start-up or shutdown mode are minimized to the maximum extent practicable; and (iii) The owner or operator’s actions during start-up and shutdown periods are documented by properly signed, contemporaneous operating logs, or other relevant evidence. (3) Emissions in excess of the level of the applicable emission limit or requirement that occur due to a malfunction shall constitute a violation of the applicable emission limit. However, it shall be an affirmative defense in an enforcement action seeking penalties if the owner or operator has met with all of the following conditions: (i) The malfunction was the result of a sudden and unavoidable failure of process or air pollution control equipment and did not result from inadequate design or construction of the process or air pollution control equipment; (ii) The malfunction did not result from operator error or neglect, or from improper operation or maintenance procedures; (iii) The excess emissions were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; VerDate Aug<31>2005 16:12 Sep 11, 2006 Jkt 208001 (iv) Steps were immediately taken to correct conditions leading to the malfunction, and the amount and duration of the excess emissions caused by the malfunction were minimized to the maximum extent practicable; (v) All possible steps were taken to minimize the impact of the excess emissions on ambient air quality; (vi) All emissions monitoring systems were kept in operation if at all possible; and (vii) The owner or operator’s actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs, or other relevant evidence. • E-mail: fmrcase.2004-1021@gsa.gov. Include FMR case 2004– 102–1 in the subject line of the message. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW., Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. Instructions: Please submit comments only and cite FMR case 2004–102–1 in all correspondence related to this case. All comments received will be posted without change to http://www.gsa.gov/ fmr, including any personal information provided. Click on ‘‘FMR Public Comments’’. [FR Doc. E6–15086 Filed 9–11–06; 8:45 am] FOR FURTHER INFORMATION CONTACT The Regulatory Secretariat, Room 4035, GS Building, Washington, DC 20405, at (202) 501–4755 for information pertaining to status or publication schedules. For clarification of content, contact Mr. Robert Holcombe, Office of Governmentwide Policy, Personal Property Management Policy, at (202) 501–3828, or e-mail at robert.holcombe@gsa.gov. Please cite FMR case 2004–102–1. SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 41 CFR Part 102–35 [FMR Case 2004–102–1] RIN 3090–AH93 Federal Management Regulation; Disposition of Personal Property Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Proposed rule. AGENCY: SUMMARY: The General Services Administration is amending the Federal Management Regulation (FMR) by revising coverage on personal property and moving it into Subchapter B of the FMR. This proposed rule adds a new part to Subchapter B of the FMR to provide an overview of the property disposal regulation and provide definitions for terms found in the FMR parts as well as the Federal Property Management Regulations (FPMR) parts. The FPMR parts will be included in the FMR in the near future. The FMR and any corresponding documents may be accessed at GSA’s Web site at http:// www.gsa.gov/fmr. DATES: Interested parties should submit comments in writing on or before October 12, 2006 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FMR case 2004–102–1 by any of the following methods: • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. • Agency Web Site: http:// www.gsa.gov/fmr. Click on FMR Proposed Rules, and the FMR case number to submit comments. PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 A. Background This proposed rule adds a new part, 102–35, to Subchapter B of the FMR to provide an overview of the property disposal regulation and to provide definitions for terms found in FMR parts 102–36 through 102–42 (41 CFR 102–36 through 102–42), as well as FPMR parts 101–42 and 101–48 (41 CFR 101–42 and 101–48) which will be included in the FMR in the near future. This part serves as a summary and overview of the policies relating to the disposal of Federal personal property and provides overall guidance for all methods of property disposal. Finally, this part emphasizes the use of excess property from other agencies as the first source of supply, and specifically identifying the preference to transfer property to Federal agencies for their own use before transferring that property to agencies for use by nonFederal entities. B. Executive Order 12866 GSA has determined that this proposed rule is not a significant rule for the purposes of Executive Order 12866 of September 30, 1993. C. Regulatory Flexibility Act This proposed rule is not required to be published in the Federal Register for notice and comment; therefore the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., does not apply. E:\FR\FM\12SEP1.SGM 12SEP1 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules D. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed rule does not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public which require the approval of the Office of Management and Budget (OMB) under 44 U.S.C. 3501 et seq. E. Small Business Regulatory Enforcement Fairness Act This proposed rule is exempt from Congressional review prescribed under 5 U.S.C. 801 since it relates solely to agency management and personnel. List of Subjects in 41 CFR Part 102–35 Government employees, Personal property. Dated: January 18, 2006. John G. Sindelar, Acting Associate Administrator, Office of Governmentwide Policy. For the reasons set forth in the preamble, GSA proposes to amend 41 CFR chapter 102 as follows: CHAPTER 102—FEDERAL MANAGEMENT REGULATION 1. Part 102–35 is added to subchapter B of chapter 102 to read as follows: PART 102–35—DISPOSITION OF PERSONAL PROPERTY Sec. 102–35.5 What is the scope of the General Services Administration’s regulations on the disposal of personal property? 102–35.10 How are these regulations for the disposal of personal property organized? 102–35.15 What are the goals of GSA’s personal property regulations? 102–35.20 What definitions apply to GSA’s personal property regulations? 102–35.25 What management reports must we provide? 102–35.30 What actions must I take regardless of the property disposition method? Authority: 40 U.S.C. 121(c). sroberts on PROD1PC70 with PROPOSALS § 102–35.5 What is the scope of the General Services Administration’s regulations on the disposal of personal property? The General Services Administration’s personal property disposal regulations contained in this part and parts 102–36 through 102–42 of this subchapter B as well as parts 101– 42 and 101–48 of the Federal Property Management Regulations (41 CFR parts 101–42 and 101–48) cover the disposal of personal property under the custody and control of executive agencies located in the United States, the U.S. Virgin Islands, American Samoa, Guam, VerDate Aug<31>2005 17:49 Sep 11, 2006 Jkt 208001 Puerto Rico, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau, except in part 102–39 of this subchapter B which applies to the replacement of all property owned by executive agencies worldwide using the exchange/sale authority and in sections 102–36.380 through 102–36.400 which apply to the disposal of excess property located in countries and areas not listed in this subpart. The legislative and judicial branches are encouraged to follow these provisions for property in their custody and control. § 102–35.10 How are these regulations for the disposal of personal property organized? The General Services Administration (GSA) has divided its regulations for the disposal of personal property into the following program areas: (a) Disposition of excess personal property (part 102–36 of this subchapter B). (b) Donation of surplus personal property (part 102–37 of this subchapter B). (c) Sale of surplus personal property (part 102–38 of this subchapter B). (d) Replacement of personal property pursuant to the exchange/sale authority (part 102–39 of this subchapter B). (e) Utilization and disposal of hazardous materials and certain categories of property (part 101–42 of the Federal Property Management Regulations (FPMR), 41 CFR 101–42). (f) Disposition of seized and forfeited, voluntarily abandoned, and unclaimed personal property (part 101–48 of the FPMR, 41 CFR 101–48). (g) Utilization, donation, and disposal of foreign gifts and decorations (part 102–42 of this subchapter B). § 102–35.15 What are the goals of GSA’s personal property regulations? The goals of GSA’s personal property regulations are to— (a) Reduce procurement costs by maximum use of the exchange/sale authority for the replacement of personal property; (b) Improve the identification and reporting of excess personal property; (c) Maximize the use of excess property as the first source of supply to minimize expenditures for the purchase of new property, when practicable; Note to § 102–35.15(c): If there are competing requests among Federal agencies for excess property, preference will be given to agencies where the transfer will avoid a new Federal procurement. A transfer to an agency where the agency will provide the property to a non-Federal entity for the PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 53647 non-Federal entity’s use will be secondary to Federal use. (d) Achieve maximum use of Government property through the donation of surplus personal property to State and local public agencies and other eligible non-Federal recipients; (e) Obtain the optimum monetary return to the Government for surplus personal property sold and property sold under the exchange/sale authority; and (f) Reduce management and inventory costs by appropriate use of the abandonment/destruction authority to dispose of unneeded personal property that has no commercial value or the estimated cost of continued care and handling would exceed the estimated sales proceeds (see FMR §§ 102–36.305 through 102–36.330). § 102–35.20 What definitions apply to GSA’s personal property regulations? The following are definitions of, or cross-references to, some key terms that apply to GSA’s personal property regulations. Other personal property terms are defined in the sections or parts to which they primarily apply. Abandoned or other unclaimed property (see § 101–48.001–1 of the Federal Property Management Regulations (41 CFR 101–48.001–1)). Accountable Personal Property includes nonexpendable personal property whose expected useful life is two years or longer and whose acquisition value, as determined by the agency, warrants tracking in the agency’s property records, including capitalized and sensitive personal property. Accountability means the ability to account for personal property by providing a complete audit trail for property transactions from receipt to final disposition. Acquisition cost means the original purchase price of an item. Capitalized Personal Property includes property that is entered on the agency’s general ledger records as a major investment or asset. An agency must determine its capitalization level based on generally accepted accounting standards as defined by the American Institute of Certified Public Accountants. Control means the ongoing function of maintaining physical oversight and surveillance of personal property throughout its complete life cycle using various property management tools and techniques taking into account the environment in which the property is located and its vulnerability to theft, waste, fraud, or abuse. E:\FR\FM\12SEP1.SGM 12SEP1 53648 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules sroberts on PROD1PC70 with PROPOSALS Excess personal property (see § 102– 36.40 of this subchapter B). Exchange/sale (see § 102–39.20 of this subchapter B). Executive agency (see § 102–36.40 of this subchapter B). Federal agency (see § 102–36.40 of this subchapter B). Foreign gifts and decorations (see § 102–42.10 of this subchapter B). Forfeited property (see § 101–48.001– 5 of the FPMR (41 CFR 101–48.001–5)). Inventory includes a formal listing of all accountable property items assigned to an agency, along with a formal process to verify the condition, location, and quantity of such items. This term may also be used as a verb to indicate the actions leading to the development of a listing. In this sense, an inventory must be conducted using an actual physical count, electronic means, and/ or statistical methods. National property management officer means an official, designated in accordance with § 102–36.45(b) of this subchapter B, who is responsible for ensuring effective acquisition, use, and disposal of excess property within your agency. Personal property (see § 102–36.40 of this subchapter B). Property management means the system of acquiring, maintaining, using and disposing of the physical assets of an organization or entity. Seized property means personal property that has been confiscated by a Federal agency, and whose care and VerDate Aug<31>2005 17:49 Sep 11, 2006 Jkt 208001 handling will be the responsibility of that agency until final ownership is determined by the judicial process. Sensitive Personal Property includes all items, regardless of value, that require special control and accountability due to unusual rates of loss, theft or misuse, or due to national security or export control considerations. Such property includes weapons, ammunition, explosives, and classified property or records, information technology equipment with memory capability, cameras, and communications equipment. These classifications do not preclude agencies from specifying additional personal property classifications to effectively manage their programs. Surplus personal property (see § 102– 37.25 of this subchapter B). Utilization means the identification, reporting, and transfer of excess personal property among Federal agencies to fill current or future authorized requirements in lieu of new procurement. § 102–35.25 What management reports must we provide? (a) There are three reports that must be provided. The report summarizing the property provided to non-Federal recipients and the report summarizing exchange/sale transactions (see FMR 102–36.295 and FMR 102–39.75 respectively) must be provided every year (negative reports are required). In addition, if you conduct negotiated sales PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 of surplus personal property valued over $5,000 in any year, you must report this transaction in accordance with FMR 102–38.115 (negative reports are not required for this report). (b) The General Services Administration (GSA) may request other reports as authorized by 40 U.S.C. 506(a)(1)(A). § 102–35.30 What actions must I take regardless of the property disposition method? Regardless of the disposition method used, you should take the following actions. (a) You must maintain property in a safe, secure, and cost-effective manner until final disposition. (b) You have authority to use the abandonment/destruction provisions at any stage of the disposal process (see §§ 102–36.305 through 102–36.330 and § 102–38.70 of this subchapter B). (c) You must implement policies and procedures to remove sensitive or classified information from property. Agency-affixed markings should be removed, if at all possible, prior to property permanently leaving your agency’s control. (d) Government property may only be used as authorized by your agency. Title to Government property may not be transferred to a non-Federal entity unless through official procedures specifically authorized by law. [FR Doc. E6–15073 Filed 9–11–06; 8:45 am] BILLING CODE 6820–14–S E:\FR\FM\12SEP1.SGM 12SEP1

Agencies

[Federal Register Volume 71, Number 176 (Tuesday, September 12, 2006)]
[Proposed Rules]
[Pages 53646-53648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15073]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-35

[FMR Case 2004-102-1]
RIN 3090-AH93


Federal Management Regulation; Disposition of Personal Property

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration is amending the Federal 
Management Regulation (FMR) by revising coverage on personal property 
and moving it into Subchapter B of the FMR. This proposed rule adds a 
new part to Subchapter B of the FMR to provide an overview of the 
property disposal regulation and provide definitions for terms found in 
the FMR parts as well as the Federal Property Management Regulations 
(FPMR) parts. The FPMR parts will be included in the FMR in the near 
future. The FMR and any corresponding documents may be accessed at 
GSA's Web site at http://www.gsa.gov/fmr.

DATES: Interested parties should submit comments in writing on or 
before October 12, 2006 to be considered in the formulation of a final 
rule.

ADDRESSES: Submit comments identified by FMR case 2004-102-1 by any of 
the following methods:
     Federal eRulemaking Portal:
    http://www.regulations.gov. Follow the instructions for submitting 
comments.
     Agency Web Site: http://www.gsa.gov/fmr. Click on FMR 
Proposed Rules, and the FMR case number to submit comments.
     E-mail: fmrcase.2004-102-1@gsa.gov. Include FMR case 2004-
102-1 in the subject line of the message.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VIR), 1800 F Street, NW., Room 4035, ATTN: Laurieann 
Duarte, Washington, DC 20405.
    Instructions: Please submit comments only and cite FMR case 2004-
102-1 in all correspondence related to this case. All comments received 
will be posted without change to http://www.gsa.gov/fmr, including any 
personal information provided. Click on ``FMR Public Comments''.

FOR FURTHER INFORMATION CONTACT The Regulatory Secretariat, Room 4035, 
GS Building, Washington, DC 20405, at (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Robert Holcombe, Office of Governmentwide Policy, 
Personal Property Management Policy, at (202) 501-3828, or e-mail at 
robert.holcombe@gsa.gov. Please cite FMR case 2004-102-1.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule adds a new part, 102-35, to Subchapter B of the 
FMR to provide an overview of the property disposal regulation and to 
provide definitions for terms found in FMR parts 102-36 through 102-42 
(41 CFR 102-36 through 102-42), as well as FPMR parts 101-42 and 101-48 
(41 CFR 101-42 and 101-48) which will be included in the FMR in the 
near future. This part serves as a summary and overview of the policies 
relating to the disposal of Federal personal property and provides 
overall guidance for all methods of property disposal.
    Finally, this part emphasizes the use of excess property from other 
agencies as the first source of supply, and specifically identifying 
the preference to transfer property to Federal agencies for their own 
use before transferring that property to agencies for use by non-
Federal entities.

B. Executive Order 12866

    GSA has determined that this proposed rule is not a significant 
rule for the purposes of Executive Order 12866 of September 30, 1993.

C. Regulatory Flexibility Act

    This proposed rule is not required to be published in the Federal 
Register for notice and comment; therefore the Regulatory Flexibility 
Act, 5 U.S.C. 601, et seq., does not apply.

[[Page 53647]]

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
rule does not impose recordkeeping or information collection 
requirements, or the collection of information from offerors, 
contractors, or members of the public which require the approval of the 
Office of Management and Budget (OMB) under 44 U.S.C. 3501 et seq.

E. Small Business Regulatory Enforcement Fairness Act

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

List of Subjects in 41 CFR Part 102-35

    Government employees, Personal property.

    Dated: January 18, 2006.
John G. Sindelar,
Acting Associate Administrator, Office of Governmentwide Policy.
    For the reasons set forth in the preamble, GSA proposes to amend 41 
CFR chapter 102 as follows:

CHAPTER 102--FEDERAL MANAGEMENT REGULATION

    1. Part 102-35 is added to subchapter B of chapter 102 to read as 
follows:

PART 102-35--DISPOSITION OF PERSONAL PROPERTY

Sec.
102-35.5 What is the scope of the General Services Administration's 
regulations on the disposal of personal property?
102-35.10 How are these regulations for the disposal of personal 
property organized?
102-35.15 What are the goals of GSA's personal property regulations?
102-35.20 What definitions apply to GSA's personal property 
regulations?
102-35.25 What management reports must we provide?
102-35.30 What actions must I take regardless of the property 
disposition method?

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


Sec.  102-35.5  What is the scope of the General Services 
Administration's regulations on the disposal of personal property?

    The General Services Administration's personal property disposal 
regulations contained in this part and parts 102-36 through 102-42 of 
this subchapter B as well as parts 101-42 and 101-48 of the Federal 
Property Management Regulations (41 CFR parts 101-42 and 101-48) cover 
the disposal of personal property under the custody and control of 
executive agencies located in the United States, the U.S. Virgin 
Islands, American Samoa, Guam, Puerto Rico, the Northern Mariana 
Islands, the Federated States of Micronesia, the Marshall Islands, and 
Palau, except in part 102-39 of this subchapter B which applies to the 
replacement of all property owned by executive agencies worldwide using 
the exchange/sale authority and in sections 102-36.380 through 102-
36.400 which apply to the disposal of excess property located in 
countries and areas not listed in this subpart. The legislative and 
judicial branches are encouraged to follow these provisions for 
property in their custody and control.


Sec.  102-35.10  How are these regulations for the disposal of personal 
property organized?

    The General Services Administration (GSA) has divided its 
regulations for the disposal of personal property into the following 
program areas:
    (a) Disposition of excess personal property (part 102-36 of this 
subchapter B).
    (b) Donation of surplus personal property (part 102-37 of this 
subchapter B).
    (c) Sale of surplus personal property (part 102-38 of this 
subchapter B).
    (d) Replacement of personal property pursuant to the exchange/sale 
authority (part 102-39 of this subchapter B).
    (e) Utilization and disposal of hazardous materials and certain 
categories of property (part 101-42 of the Federal Property Management 
Regulations (FPMR), 41 CFR 101-42).
    (f) Disposition of seized and forfeited, voluntarily abandoned, and 
unclaimed personal property (part 101-48 of the FPMR, 41 CFR 101-48).
    (g) Utilization, donation, and disposal of foreign gifts and 
decorations (part 102-42 of this subchapter B).


Sec.  102-35.15  What are the goals of GSA's personal property 
regulations?

    The goals of GSA's personal property regulations are to--
    (a) Reduce procurement costs by maximum use of the exchange/sale 
authority for the replacement of personal property;
    (b) Improve the identification and reporting of excess personal 
property;
    (c) Maximize the use of excess property as the first source of 
supply to minimize expenditures for the purchase of new property, when 
practicable;
    Note to Sec.  102-35.15(c): If there are competing requests among 
Federal agencies for excess property, preference will be given to 
agencies where the transfer will avoid a new Federal procurement. A 
transfer to an agency where the agency will provide the property to a 
non-Federal entity for the non-Federal entity's use will be secondary 
to Federal use.
    (d) Achieve maximum use of Government property through the donation 
of surplus personal property to State and local public agencies and 
other eligible non-Federal recipients;
    (e) Obtain the optimum monetary return to the Government for 
surplus personal property sold and property sold under the exchange/
sale authority; and
    (f) Reduce management and inventory costs by appropriate use of the 
abandonment/destruction authority to dispose of unneeded personal 
property that has no commercial value or the estimated cost of 
continued care and handling would exceed the estimated sales proceeds 
(see FMR Sec. Sec.  102-36.305 through 102-36.330).


Sec.  102-35.20  What definitions apply to GSA's personal property 
regulations?

    The following are definitions of, or cross-references to, some key 
terms that apply to GSA's personal property regulations. Other personal 
property terms are defined in the sections or parts to which they 
primarily apply.
    Abandoned or other unclaimed property (see Sec.  101-48.001-1 of 
the Federal Property Management Regulations (41 CFR 101-48.001-1)).
    Accountable Personal Property includes nonexpendable personal 
property whose expected useful life is two years or longer and whose 
acquisition value, as determined by the agency, warrants tracking in 
the agency's property records, including capitalized and sensitive 
personal property.
    Accountability means the ability to account for personal property 
by providing a complete audit trail for property transactions from 
receipt to final disposition.
    Acquisition cost means the original purchase price of an item.
    Capitalized Personal Property includes property that is entered on 
the agency's general ledger records as a major investment or asset. An 
agency must determine its capitalization level based on generally 
accepted accounting standards as defined by the American Institute of 
Certified Public Accountants.
    Control means the ongoing function of maintaining physical 
oversight and surveillance of personal property throughout its complete 
life cycle using various property management tools and techniques 
taking into account the environment in which the property is located 
and its vulnerability to theft, waste, fraud, or abuse.

[[Page 53648]]

    Excess personal property (see Sec.  102-36.40 of this subchapter 
B).
    Exchange/sale (see Sec.  102-39.20 of this subchapter B).
    Executive agency (see Sec.  102-36.40 of this subchapter B).
    Federal agency (see Sec.  102-36.40 of this subchapter B).
    Foreign gifts and decorations (see Sec.  102-42.10 of this 
subchapter B).
    Forfeited property (see Sec.  101-48.001-5 of the FPMR (41 CFR 101-
48.001-5)).
    Inventory includes a formal listing of all accountable property 
items assigned to an agency, along with a formal process to verify the 
condition, location, and quantity of such items. This term may also be 
used as a verb to indicate the actions leading to the development of a 
listing. In this sense, an inventory must be conducted using an actual 
physical count, electronic means, and/or statistical methods.
    National property management officer means an official, designated 
in accordance with Sec.  102-36.45(b) of this subchapter B, who is 
responsible for ensuring effective acquisition, use, and disposal of 
excess property within your agency.
    Personal property (see Sec.  102-36.40 of this subchapter B).
    Property management means the system of acquiring, maintaining, 
using and disposing of the physical assets of an organization or 
entity.
    Seized property means personal property that has been confiscated 
by a Federal agency, and whose care and handling will be the 
responsibility of that agency until final ownership is determined by 
the judicial process.
    Sensitive Personal Property includes all items, regardless of 
value, that require special control and accountability due to unusual 
rates of loss, theft or misuse, or due to national security or export 
control considerations. Such property includes weapons, ammunition, 
explosives, and classified property or records, information technology 
equipment with memory capability, cameras, and communications 
equipment. These classifications do not preclude agencies from 
specifying additional personal property classifications to effectively 
manage their programs.
    Surplus personal property (see Sec.  102-37.25 of this subchapter 
B).
    Utilization means the identification, reporting, and transfer of 
excess personal property among Federal agencies to fill current or 
future authorized requirements in lieu of new procurement.


Sec.  102-35.25  What management reports must we provide?

    (a) There are three reports that must be provided. The report 
summarizing the property provided to non-Federal recipients and the 
report summarizing exchange/sale transactions (see FMR 102-36.295 and 
FMR 102-39.75 respectively) must be provided every year (negative 
reports are required). In addition, if you conduct negotiated sales of 
surplus personal property valued over $5,000 in any year, you must 
report this transaction in accordance with FMR 102-38.115 (negative 
reports are not required for this report).
    (b) The General Services Administration (GSA) may request other 
reports as authorized by 40 U.S.C. 506(a)(1)(A).


Sec.  102-35.30  What actions must I take regardless of the property 
disposition method?

    Regardless of the disposition method used, you should take the 
following actions.
    (a) You must maintain property in a safe, secure, and cost-
effective manner until final disposition.
    (b) You have authority to use the abandonment/destruction 
provisions at any stage of the disposal process (see Sec. Sec.  102-
36.305 through 102-36.330 and Sec.  102-38.70 of this subchapter B).
    (c) You must implement policies and procedures to remove sensitive 
or classified information from property. Agency-affixed markings should 
be removed, if at all possible, prior to property permanently leaving 
your agency's control.
    (d) Government property may only be used as authorized by your 
agency. Title to Government property may not be transferred to a non-
Federal entity unless through official procedures specifically 
authorized by law.
[FR Doc. E6-15073 Filed 9-11-06; 8:45 am]
BILLING CODE 6820-14-S