Federal Management Regulation; FMR Case 2004-102-1, Disposition of Personal Property, 10084-10086 [E7-3958]
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10084
Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations
Another statutory provision that may
affect this rule is CERCLA section 305,
which provides for a legislative veto of
regulations promulgated under
CERCLA. Although INS v. Chadha, 462
U.S. 919,103 S. Ct. 2764 (1983) and Bd.
of Regents of the University of
Washington v. EPA, 86 F.3d 1214,1222
(D.C. Cir. 1996) cast the validity of the
legislative veto into question, EPA has
transmitted a copy of this regulation to
the Secretary of the Senate and the Clerk
of the House of Representatives.
If action by Congress under either the
CRA or CERCLA section 305 calls the
effective date of this regulation into
question, EPA will publish a document
of clarification in the Federal Register.
List of Subjects in 40 CFR Part 300
PART 300—[AMENDED]
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Natural
resources, Oil pollution, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
I
Dated: February 27, 2007.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
40 CFR part 300 is amended as
follows:
I
1. The authority citation for part 300
continues to read as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p. 193.
2. Table 1 of Appendix B to part 300
is amended by adding the following
sites in alphabetical order to read as
follows:
I
Appendix B to Part 300—National
Priorities List
TABLE 1.—GENERAL SUPERFUND SECTION
Notes (a)
State
Site name
*
IN ..................
*
*
*
*
Elm Street Ground Water Contamination ........................................................................
*
Terre Haute.
*
*
MS ................
*
*
*
*
Sonford Products .............................................................................................................
*
Flowood.
*
*
TX .................
*
*
*
*
Bandera Road Ground Water Plume ...............................................................................
*
Leon Valley.
*
*
TX .................
*
*
*
*
East 67th Street Ground Water Plume ............................................................................
Odessa.
*
WA ................
*
*
*
*
Lockheed West Seattle ....................................................................................................
Seattle.
*
*
*
City/county
*
*
*
*
*
*
*
*
A = Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (HRS score need not be ≥ 28.50).
C = Sites on Construction Completion list.
S = State top priority (HRS score need not be ≥ 28.50)
P = Sites with partial deletion(s).
(a)
*
*
*
*
*
Management Regulation (FMR) by
revising coverage on personal property
and moving it into subchapter B of the
FMR. This final 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.
[FR Doc. E7–3908 Filed 3–6–07; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–35
DATES:
[FMR Amendment 2007–01; FMR Case
2004–102–1; Docket 2007–001; Sequence 3]
FOR FURTHER INFORMATION CONTACT:
RIN 3090–AH93
Federal Management Regulation; FMR
Case 2004–102–1, Disposition of
Personal Property
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Final rule.
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AGENCY:
SUMMARY: The General Services
Administration is amending the Federal
VerDate Aug<31>2005
15:48 Mar 06, 2007
Jkt 211001
Effective Date: April 6, 2007.
Mr.
Robert Holcombe, Office of
Governmentwide Policy, Personal
Property Management Policy, at (202)
501–3828, or e-mail at
robert.holcombe@gsa.gov for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat, Room 4035, GS Building,
Washington, DC 20405, (202) 501–4755.
Please cite FMR Amendment 2007–01,
FMR Case 2004–102–1.
SUPPLEMENTARY INFORMATION:
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A. Background
A proposed rule was published in the
Federal Register on September 12, 2006
(71 FR 53646) soliciting comments on
proposed changes to 41 CFR part 102–
35. The due date for comments was
extended in a Federal Register proposed
rule document on October 18, 2006 (71
FR 61445). Comments were received
from three respondents relating to the
sale of personal property. These
comments do not directly address any
provisions contained in this final rule,
and will be held for consideration when
the regulation covering the sale of
Federal personal property assets,
Federal Management Regulation (FMR)
part 102–38, is released for comment.
FMR part 102–38 is currently being
reviewed within GSA for revisions.
This final 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
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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations
definitions for terms found in FMR parts
102–36 through 102–42 (41 CFR 102–36
through 102–42). 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.
This part emphasizes the use of
excess property from other agencies as
the first source of supply, and
establishes the preference to transfer
excess property to Federal agencies for
their own use before transferring that
property to agencies for use by nonFederal entities.
B. Executive Order 12866
C. Regulatory Flexibility Act
This final rule is not required to be
published in the Federal Register for
notice and comment as per the
exemption specified in 5 U.S.C.
553(a)(2); therefore, the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the final 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 final 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: February 7, 2007.
Lurita Doan,
Administrator of General Services.
For the reasons set forth in the
preamble, GSA amends 41 CFR chapter
102 as follows:
sroberts on PROD1PC70 with RULES
I
Chapter 102—Federal Management
Regulation
1. Part 102–35 is added to subchapter
B of chapter 102 to read as follows:
I
15:48 Mar 06, 2007
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 or am
I authorized to take regardless of the
property disposition method?
Jkt 211001
§ 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 are contained in
this part and in parts 102–36 through
102–42 of this subchapter B as well as
in parts 101–42 and 101–45 of the
Federal Property Management
Regulations (FPMR)(41 CFR parts 101–
42 and 101–45). With two exceptions,
these regulations 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. The exceptions to this coverage
are 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 §§ 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, i.e.,
foreign excess personal property. 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).
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(d) Replacement of personal property
pursuant to the exchange/sale authority
(part 102–39 of this subchapter B).
(e) Disposition of seized and forfeited,
voluntarily abandoned, and unclaimed
personal property (part 102–41 of this
subchapter B).
(f) Utilization, donation, and disposal
of foreign gifts and decorations (part
102–42 of this subchapter B).
(g) Utilization and disposal of
hazardous materials and certain
categories of property (part 101–42 of
the Federal Property Management
Regulations (FPMR), 41 CFR part 101–
42).
§ 102–35.15 What are the goals of GSA’s
personal property regulations?
Authority: 40 U.S.C. 121(c).
This regulation 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.
VerDate Aug<31>2005
PART 102–35—DISPOSITION OF
PERSONAL PROPERTY
10085
The goals of GSA’s personal property
regulations are to:
(a) Improve the identification and
reporting of excess personal property;
(b) 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(b): 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.
(c) Achieve maximum public benefit
from the use of Government property
through the donation of surplus
personal property to State and local
public agencies and other eligible nonFederal recipients;
(d) Obtain the optimum monetary
return to the Government for surplus
personal property sold and personal
property sold under the exchange/sale
authority; and
(e) 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 for
which 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 in the FMR (CFR Parts 102–
36 through 102–42). Other personal
property terms are defined in the
sections or parts to which they
primarily apply.
Accountable Personal Property
includes nonexpendable personal
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07MRR1
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10086
Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations
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
thresholds as discussed in Financial
Accounting Standard Advisory Board
(FASAB) Statement of Federal Financial
Accounting Standards No. 6 Accounting
for Property, Plant and Equipment,
Chapter 1, paragraph 13.
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.
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 (for the
definition of relevant terms, see § 102–
42.10 of this subchapter B).
Forfeited property (see § 102–41.20 of
this subchapter B).
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
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15:48 Mar 06, 2007
Jkt 211001
and disposing of the personal property
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,
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.
§ 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 §§ 102–
36.295 and 102–39.75 respectively of
this subchapter B) 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 § 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 or
am I authorized to take regardless of the
property disposition method?
Regardless of the disposition method
used:
(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
prior to disposal. Agency-affixed
markings should be removed, if at all
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possible, prior to personal property
permanently leaving your agency’s
control.
(d) Government-owned personal
property may only be used as
authorized by your agency. Title to
Government-owned personal property
cannot be transferred to a non-Federal
entity unless through official procedures
specifically authorized by law.
[FR Doc. E7–3958 Filed 3–6–07; 8:45 am]
BILLING CODE 6820–14–S
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 211
[Docket No. 2006–24141, Notice No. 2]
RIN 2130–AB77
Rules of Practice: Direct Final
Rulemaking Procedures
Federal Railroad
Administration (FRA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: In October 2006, FRA
proposed to amend its rules of practice
by adopting direct final rulemaking
procedures intended to expedite the
publication of routine or
noncontroversial changes. FRA received
no comments to this proposal, and in
this rule adopts its proposed direct final
rulemaking procedures without change.
DATES: This rule is effective on April 6,
2007.
FOR FURTHER INFORMATION CONTACT:
Patricia V. Sun, Trial Attorney, Mail
Stop 10, Federal Railroad
Administration, 1120 Vermont Avenue,
NW., Washington, DC 20005 (telephone:
(202) 493–6038).
SUPPLEMENTARY INFORMATION:
Background
On October 11, 2006, FRA proposed
to amend its Rules of Practice (49 CFR
Part 211) to adopt direct final
rulemaking procedures which would
expedite its rulemaking process for
noncontroversial regulatory changes to
which no adverse comment was
anticipated (71 FR 59698). The
proposed direct final rulemaking
procedures, closely modeled upon those
of the Office of the Secretary of
Transportation (OST) (January 30, 2004,
69 FR 4455), would allow FRA to
reduce the time necessary to develop,
review, clear and publish routine rules
to which no adverse public comment
was anticipated by eliminating the
requirement to publish separate
E:\FR\FM\07MRR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Rules and Regulations]
[Pages 10084-10086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3958]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-35
[FMR Amendment 2007-01; FMR Case 2004-102-1; Docket 2007-001; Sequence
3]
RIN 3090-AH93
Federal Management Regulation; FMR Case 2004-102-1, Disposition
of 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 revising coverage on personal property
and moving it into subchapter B of the FMR. This final 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.
DATES: Effective Date: April 6, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Holcombe, Office of
Governmentwide Policy, Personal Property Management Policy, at (202)
501-3828, or e-mail at robert.holcombe@gsa.gov for clarification of
content. For information pertaining to status or publication schedules,
contact the Regulatory Secretariat, Room 4035, GS Building, Washington,
DC 20405, (202) 501-4755. Please cite FMR Amendment 2007-01, FMR Case
2004-102-1.
SUPPLEMENTARY INFORMATION:
A. Background
A proposed rule was published in the Federal Register on September
12, 2006 (71 FR 53646) soliciting comments on proposed changes to 41
CFR part 102-35. The due date for comments was extended in a Federal
Register proposed rule document on October 18, 2006 (71 FR 61445).
Comments were received from three respondents relating to the sale of
personal property. These comments do not directly address any
provisions contained in this final rule, and will be held for
consideration when the regulation covering the sale of Federal personal
property assets, Federal Management Regulation (FMR) part 102-38, is
released for comment. FMR part 102-38 is currently being reviewed
within GSA for revisions.
This final 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
[[Page 10085]]
definitions for terms found in FMR parts 102-36 through 102-42 (41 CFR
102-36 through 102-42). 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.
This part emphasizes the use of excess property from other agencies
as the first source of supply, and establishes the preference to
transfer excess property to Federal agencies for their own use before
transferring that property to agencies for use by non-Federal entities.
B. Executive Order 12866
This regulation 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 is not required to be published in the Federal
Register for notice and comment as per the exemption specified in 5
U.S.C. 553(a)(2); therefore, the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the final 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 final 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: February 7, 2007.
Lurita Doan,
Administrator of General Services.
0
For the reasons set forth in the preamble, GSA amends 41 CFR chapter
102 as follows:
Chapter 102--Federal Management Regulation
0
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 or am I authorized to 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 are contained in this part and in parts 102-36 through 102-
42 of this subchapter B as well as in parts 101-42 and 101-45 of the
Federal Property Management Regulations (FPMR)(41 CFR parts 101-42 and
101-45). With two exceptions, these regulations 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. The exceptions to this
coverage are 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 Sec. Sec. 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, i.e., foreign excess
personal property. 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) Disposition of seized and forfeited, voluntarily abandoned, and
unclaimed personal property (part 102-41 of this subchapter B).
(f) Utilization, donation, and disposal of foreign gifts and
decorations (part 102-42 of this subchapter B).
(g) Utilization and disposal of hazardous materials and certain
categories of property (part 101-42 of the Federal Property Management
Regulations (FPMR), 41 CFR part 101-42).
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) Improve the identification and reporting of excess personal
property;
(b) 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(b): 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.
(c) Achieve maximum public benefit from the use of Government
property through the donation of surplus personal property to State and
local public agencies and other eligible non-Federal recipients;
(d) Obtain the optimum monetary return to the Government for
surplus personal property sold and personal property sold under the
exchange/sale authority; and
(e) 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 for which 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 in the FMR (CFR
Parts 102-36 through 102-42). Other personal property terms are defined
in the sections or parts to which they primarily apply.
Accountable Personal Property includes nonexpendable personal
[[Page 10086]]
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 thresholds as discussed in
Financial Accounting Standard Advisory Board (FASAB) Statement of
Federal Financial Accounting Standards No. 6 Accounting for Property,
Plant and Equipment, Chapter 1, paragraph 13.
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.
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 (for the definition of relevant
terms, see Sec. 102-42.10 of this subchapter B).
Forfeited property (see Sec. 102-41.20 of this subchapter B).
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 personal property 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, 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.
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 Sec. Sec. 102-
36.295 and 102-39.75 respectively of this subchapter B) 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
Sec. 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 or am I authorized to take
regardless of the property disposition method?
Regardless of the disposition method used:
(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 prior to disposal. Agency-
affixed markings should be removed, if at all possible, prior to
personal property permanently leaving your agency's control.
(d) Government-owned personal property may only be used as
authorized by your agency. Title to Government-owned personal property
cannot be transferred to a non-Federal entity unless through official
procedures specifically authorized by law.
[FR Doc. E7-3958 Filed 3-6-07; 8:45 am]
BILLING CODE 6820-14-S
