Federal Management Regulation; FMR Case 2007-102-2, Sale of Personal Property-Federal Asset Sales (FAS) Sales Centers, 15854-15857 [E7-6068]
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15854
Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Proposed Rules
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
cprice-sewell on PROD1PC61 with PROPOSALS
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.1D, and Department of
Homeland Security Management
Directive 5100.1, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321–4370f),
and have made a preliminary
determination that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we
believe that this rule should be
categorically excluded, under figure 2–
1, paragraph (32)(e) of the Instruction,
from further environmental
documentation as this action relates to
the promulgation of operating
regulations or procedures for
drawbridges. Under figure 2–1,
paragraph (32)(e) of the Instruction, an
‘‘Environmental Analysis Checklist’’ is
not required for this rule. Comments on
this section will be considered before
we make the final decision on whether
to categorically exclude this rule from
further environmental review.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
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CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. Section 117.217 is amended by
revising paragraph (a) to read as follows:
§ 117.217
Norwalk River.
(a) The draw of the Washington Street
S136 Bridge, mile 0.0, at Norwalk, shall
operate as follows:
(1) The draw shall open on signal;
except that, from 7 a.m. to 8:45 a.m.,
11:45 a.m. to 1:15 p.m., and 4 p.m. to
6 p.m., Monday through Friday, except
holidays, the draw need not be opened
for the passage of vessels that draw less
than 14 feet of water.
(2) The draw need not open for the
passage of vessel traffic, from 10 a.m. to
12 p.m., on the first Saturday in
December, to facilitate the running of
the annual Norwalk River Fun Run.
Should inclement weather force the
postponement of the race the above
bridge closure shall be implemented the
next day, the first Sunday after the first
Saturday in December, from 10 a.m. to
12 p.m.
(3) The bridge opening signal is three
short blasts. Vessels drawing 14 feet of
water or more shall add one prolonged
blast after the three short blasts.
*
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Dated: March 15, 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. E7–6144 Filed 4–2–07; 8:45 am]
BILLING CODE 4910–15–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–38
[FMR Case 2007–102–2; Docket FMR–2007–
0001, Sequence 1]
RIN 3090–AI33
Federal Management Regulation; FMR
Case 2007–102–2, Sale of Personal
Property—Federal Asset Sales (FAS)
Sales Centers
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
adding provisions for the sale of
personal property through Federal Asset
Sales (FAS) Sales Centers.
DATES: Interested parties should submit
comments in writing on or before May
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Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Proposed Rules
3, 2007 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FMR case 2007–102–2 by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Search for any
document by first selecting the proper
document types and selecting ‘‘General
Services Administration’’ as the agency
of choice. At the ‘‘Keyword’’ prompt,
type in the FMR case number (for
example, FMR Case 2007–102–2) and
click on the ‘‘Submit’’ button. You may
also search for any document by
clicking on the ‘‘Advanced search/
document search’’ tab at the top of the
screen, selecting from the agency field
‘‘General Services Administration,’’ and
typing the FMR case number in the
keyword field. Select the ‘‘Submit’’
button.
• 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 2007–102–2 in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
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 2007–102–2.
SUPPLEMENTARY INFORMATION:
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A. Background
This proposed amendment to part
102–38 of the Federal Management
Regulation (41 CFR part 102–38) would
provide new policy to implement the
Federal Asset Sales (FAS) e-Government
initiative. The goals of this initiative are
to:
• Maximize the value that the Federal
Government receives from selling its
real and personal property assets by
maximizing the visibility of the assets to
prospective buyers. This regulation only
addresses the sale of personal property.
• Effect transparency in the sales
process so that agencies are aware of the
costs and performance of their sales
alternatives, prospective buyers are
aware of the conditions of the items
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offered for sale, and information on
Federal sales activities and results are
easily available to the public.
• Collect and report Governmentwide
data on the volume, proceeds, cost, and
other performance characteristics of
Federal property sales.
This part discusses the requirement
for agencies to sell their property
through designated Sales Centers (SCs).
The definitions of terms related to the
FAS initiative are provided in this part,
along with the policy related to how
agencies must implement this initiative.
Changes are also being made to this
part to strengthen the terms and
conditions of sale to specifically include
requirements to dispose of assets in
accordance with Federal, State, and
local laws and regulations (section 102–
38.75).
15855
§ 102–38.30 How does an executive
agency request a deviation from the
provisions of this part?
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4. Amend § 102–38.35 by adding the
definitions ‘‘Federal Asset Sales (FAS)’’,
‘‘Holding Agency’’, ‘‘Migration Plan’’,
and ‘‘Sales Center (SC)’’ to read as
follows:
§ 102–38.35
part?
What definitions apply to this
PART 102–38—SALE OF PERSONAL
PROPERTY
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Federal Asset Sales (FAS) refers to the
e-Government initiative to improve the
way the Federal Government manages
and sells its real and personal property
assets. Under this initiative, only an
agency designated as a Sales Center (SC)
may sell Federal property. The FAS
program is governed by the FAS
Executive Steering Committee (ESC),
with GSA as the managing partner
agency.
Holding Agency refers to the agency
in possession of personal property
eligible for sale under this Part.
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Migration Plan refers to the document
a holding agency prepares to summarize
its choice of SC and its plan for
migrating agency sales to the SC(s). The
format for this document is determined
by the FAS ESC.
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Sales Center (SC) means an agency
that has been designated as an official
sales agent for Federal property. The
criteria for becoming an SC, the
selection process, and the ongoing SC
requirements for posting property for
sale to the FAS portal and reporting
sales activity and performance data are
established by the FAS ESC and can be
obtained from the FAS Program
Management Office at GSA. SCs are
expected to provide exemplary asset
management solutions in one or more of
the following areas: on-line sales; offline sales; and sales-related value added
services. SCs will enter into agreements
with holding agencies to sell property
belonging to these agencies.
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5. Revise § 102–38.40 to read as
follows:
1. The authority citation for part 102–
38 continues to read as follows:
§ 102–38.40
property?
Authority: 40 U.S.C 545 and 40 U.S.C.
121(c).
An executive agency may sell
personal property (including on behalf
of another agency when so requested)
only if it is a designated Sales Center
(SC). An SC may engage contractor
support to sell personal property. Only
a duly authorized agency official may
execute the sale award documents and
bind the United States.
B. Executive Order 12866
It has been determined that this
proposed rule is not a significant
regulatory action for the purposes of
Executive Order 12866.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed 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.
D. Small Business Regulatory
Enforcement Fairness Act
This proposed 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 102–38
Government property management,
Surplus Government property.
Dated: January 25, 2007.
Kevin Messner,
Acting Associate Administrator.
For the reasons set forth in the
preamble, GSA amends 41 CFR part
102–38 as set forth below:
§ 102–38.25
[Amended]
2. Amend § 102–38.25 by removing
‘‘holding’’ and adding ‘‘Sales Center’’ in
its place.
3. Amend § 102–38.30 by revising the
heading to read as follows:
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*
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Who may sell personal
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Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Proposed Rules
6. Amend §102–38.50 by revising the
heading and introductory paragraph to
read as follows:
§ 102–38.50 What must we do when an
executive agency suspects violations of 40
U.S.C. 559, fraud, bribery, or criminal
collusion in connection with the disposal of
personal property?
If an executive agency suspects
violations of 40 U.S.C. 559, fraud,
bribery, or criminal collusion in
connection with the disposal of
personal property, the agency must—
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7. Revise § 102–38.60 to read as
follows:
§ 102–38.60 Who is responsible for the
costs of care and handling of the personal
property before it is sold?
The holding agency is responsible for
the care and handling costs of the
personal property until it is removed by
the buyer, the buyer’s designee, or an
SC. The holding agency may request the
SC to perform care and handling
services in accordance with their
agreement. When specified in the terms
and conditions of sale, the SC may
charge costs for storage when the buyer
is delinquent in removing the property.
The amount so charged may only be
retained by the agency performing the
care and handling in accordance with
§ 102–38.295.
§ 102–38.65
[Amended]
8. Amend § 102–38.65 in the heading,
by removing ‘‘we are’’ and adding ‘‘we
or the holding agency is’’ in its place;
and in the second sentence by adding
‘‘or the holding agency’’ after ‘‘you’’.
§ 102–38.70
[Amended]
9. Amend § 102–38.70 in the heading,
by removing ‘‘we’’ and adding ‘‘the
holding agency’’ in its place; and in
paragraph (a), by removing ‘‘you’’ and
adding ‘‘the holding agency’’ in its
place.
10. Amend § 102–38.75 by revising
the introductory text to paragraph (a),
and paragraph (a)(12) to read as follows:
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§ 102–38.75
property?
How may we sell personal
(a) You will sell personal property
upon such terms and conditions as the
head of your agency or designee deems
proper to promote the fairness,
openness, and timeliness necessary for
the sale to be conducted in a manner
most advantageous to the Government.
When you are selling property on behalf
of another agency, you must consult
with the holding agency to determine
any special or unique sales terms and
conditions. You must also document the
required terms and conditions of each
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sale, including, but not limited to, the
following terms and conditions, as
applicable:
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(12) Requirements to comply with
applicable laws and regulations. Part
101–42 of this subchapter contains
useful guidance addressing many of
these requirements. You should also
contact your agency’s Office of General
Counsel or Environmental Office to
identify applicable Federal, State, or
local environmental laws and
regulations.
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11. Revise § 102–38.120 to read as
follows:
§ 102–38.120 When may we conduct
negotiated sales of personal property at
fixed prices (fixed price sale)?
You may conduct negotiated sales of
personal property at fixed prices (fixed
price sale) under this section when:
(a) The items are authorized to be sold
at fixed price by the GSA Office of
Travel, Transportation, and Asset
Management (MT) in GSA Bulletin FMR
B–10 (located at www.gsa.gov/
fmrbulletin). You may also contact MT
at the address listed in § 102–38.115 to
determine which items are on this list
of authorized items;
(b) The head of your agency, or
designee, determines in writing that
such sales serve the best interest of the
Government. When you are selling
property on behalf of a holding agency,
you must consult with the holding
agency in determining whether a fixed
price sale meets this criterion; and
(c) You must publicize such sales to
the extent consistent with the value and
nature of the property involved, and the
prices established must reflect the
estimated fair market value of the
property. Property is sold on a firstcome, first-served basis. You or the
holding agency may also establish
additional terms and conditions that
must be met by the successful purchaser
in accordance with § 102–38.75.
12. Revise § 102–38.295 to read as
follows:
§ 102–38.295
proceeds?
May we retain sales
(a) You may retain that portion of the
sales proceeds, in accordance with your
agreement with the holding agency,
equal to your direct costs and
reasonably related indirect costs
(including your share of the
Governmentwide costs to support the
FAS Internet portal and
Governmentwide reporting
requirements) incurred in selling
personal property.
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(b) A holding agency may retain that
portion of the sales proceeds equal to its
costs of care and handling directly
related to the sale of personal property
by the SC (e.g., shipment to the SC,
storage pending sale, and inspection by
prospective buyers).
(c) After accounting for amounts
retained under paragraphs (a) and (b), a
holding agency may retain the balance
of proceeds from the sale of its agency’s
personal property when—
(1) It has the statutory authority to
retain all proceeds from sales of
personal property;
(2) The property sold was acquired
with non-appropriated funds as defined
in § 102–36.40 of this subchapter B;
(3) The property sold was surplus
Government property that was in the
custody of a contractor or subcontractor,
and the contract or subcontract
provisions authorize the proceeds of
sale to be credited to the price or cost
of the contract or subcontract;
(4) The property was sold to obtain
replacement property under the
exchange/sale authority pursuant to part
102–39 of this subchapter B; or
(5) The property sold was related to
waste prevention and recycling
programs, under the authority of Section
607 of Public Law 107–67 (Omnibus
Consolidated and Emergency
Supplemental Appropriations Act,
1999, Public Law 107–67, 115 Stat. 514).
Consult your General Counsel or Chief
Financial Officer for guidance on use of
this authority.
13. Revise the section heading to
§ 102–38.300 to read as follows:
§ 102–38.300 What happens to sales
proceeds that neither we nor the holding
agency are authorized to retain, or that are
unused?
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14. Add Subpart H, consisting of
§ 102–38.360 to read as follows:
Subpart H—Implementation of the
Federal Asset Sales Program
§ 102–38.360 What must an executive
agency do to implement the Federal Asset
Sales (FAS) program?
An executive agency must:
(a) Complete a migration plan which
outlines the agency’s action and
timetable to begin using or become a SC.
The migration plan must include the
deadline to have all agency personal
property sales conducted by an SC no
later than [date six months after
publication of the final rule in the
Federal Register].
(b) Migrate all agency sales processes
to your selected SC(s) no later than [date
six months after publication of the final
rule in the Federal Register]. Content
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Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Proposed Rules
and format of item data reported to the
SC for sale must be in conformance with
standards developed by the FAS ESC.
(c) Provide all post-sale data and
metrics to the FAS Planning Office in
care of GSA MT using format and
process developed by the FAS ESC no
later than [date six months after
publication of the final rule in the
Federal Register].
[FR Doc. E7–6068 Filed 4–2–07; 8:45 am]
BILLING CODE 6820–14–S
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AI71 and RIN 1018–AI72
Endangered and Threatened Wildlife
and Plants; Reopening of Public
Comment Periods for the Proposed
Designations of Critical Habitat for the
Coastal California Gnatcatcher and the
San Diego Fairy Shrimp
Fish and Wildlife Service,
Interior.
ACTION: Proposed rules; reopening of
public comment periods.
cprice-sewell on PROD1PC61 with PROPOSALS
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service) announce the
reopening of the public comment period
on our April 24, 2003, proposed rule (68
FR 20228) to designate critical habitat
for the coastal California gnatcatcher
(Polioptila californica californica) and
our April 22, 2003, proposed rule (68 FR
19888) to designate critical habitat for
the San Diego fairy shrimp
(Branchinecta sandiegonensis). The
comment period will provide the public
and Federal, State, and local agencies
and Tribes with an opportunity to
submit in writing updated comments
and information on these species and
associated habitat, the proposed critical
habitat designations, and respective
draft economic analyses. Comments
relevant to issues identified for
consideration in the April 22 and April
24, 2003, proposed critical habitat rules
and the April 8, 2004, notice of
availability of the draft economic
analyses for these species that were
previously submitted during one of the
prior public comment periods need not
be resubmitted as they have already
been incorporated into the public record
and will be fully considered in any final
decision. Comments relevant to issues
identified in the April 8, 2004, Federal
Register notice (69 FR 18515) reopening
the comment period on the proposed
determination of a Distinct Vertebrate
Population Segment for the California
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gnatcatcher also need not be
resubmitted as that determination will
be made separately from the critical
habitat designations for the coastal
California gnatcatcher and San Diego
fairy shrimp.
DATES: We will accept comments and
information until May 3, 2007. Any
comments received after the closing
date may not be considered in the final
decisions on these proposals.
ADDRESSES: If you wish to comment,
you may submit your comments and
materials on these proposals to us by
any one of the following methods:
1. You may submit written comments
and information to Jim Bartel, Field
Supervisor, Carlsbad Fish and Wildlife
Office, 6010 Hidden Valley Road,
Carlsbad, CA 92011.
2. You may hand-deliver written
comments and information to the
Carlsbad Fish and Wildlife Office at the
above address.
3. You may send comments by
facsimile to 760–431–5901.
4. You may send comments by
electronic mail (e-mail) to
FW8cfwocomments@fws.gov. Please
include ‘‘Attn: RIN 1018–AI71 and RIN
1018–AI72’’ in the subject line of your
e-mail and your name and address in
the body of your message. If you do not
receive a confirmation from the system
that we have received your message,
contact us directly by telephone at 760–
431–9440.
5. You may go to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments and materials received, as
well as supporting documentation used
in the preparation of these proposed
rules, will be available for public
inspection, by appointment, during
normal business hours at the Carlsbad
Fish and Wildlife Office at the above
address (telephone 760–431–9440).
Copies of the proposed rule and draft
economic analysis for the coastal
California gnatcatcher and San Diego
fairy shrimp are available on the
Internet at https://www.fws.gov/Carlsbad.
You may also request copies of these
documents by contacting the Carlsbad
Fish and Wildlife Office at the above
address.
FOR FURTHER INFORMATION CONTACT:
Tannika Engelhard, Branch Chief,
Listing, Carlsbad Fish and Wildlife
Office (telephone 760–431–9440).
Persons who use a telecommunications
device for the hearing impaired (TDD)
may call the Federal Information Relay
Service (FIRS) at 1–800–877–8339.
SUPPLEMENTARY INFORMATION:
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15857
Public Comments Solicited
We are soliciting comments from the
public, governmental agencies, Tribes,
the scientific community, industry, or
any other interested parties concerning
events that have occurred since the
April 2003 publications of the proposed
designations of critical habitat for the
coastal California gnatcatcher and San
Diego fairy shrimp and the April 2004
publications of the draft economic
analyses of the proposed designations
for both species and any new
information relevant to the status of the
species and their essential habitats.
With regard to the proposed rule and
draft economic analysis for the coastal
California gnatcatcher, we particularly
seek comments concerning:
(1) Land use designations and current
or planned activities in the subject areas
and their possible impacts on areas
proposed as critical habitat for the
coastal California gnatcatcher, including
new information regarding areas
proposed as critical habitat that may
have lost coastal sage scrub as a result
of development or other land use;
(2) Approval and issuance of an
incidental take permit under section
10(a)(1)(B) of the Endangered Species
Act of 1973, as amended (Act), for the
Orange County Southern Subregion
Habitat Conservation Plan (HCP);
(3) Progress in the development and/
or implementation of other regional
HCPs, including the Natural Community
Conservation Plan/HCP for the City of
Rancho Palos Verdes in Los Angeles
County, CA, and the Western Riverside
County Multiple Species HCP;
(4) Effects of the large wildfires that
occurred in October 2003 and more
recently on the coastal sage scrub
habitat in Ventura, Los Angeles,
Riverside, San Bernardino, and San
Diego counties; and
(5) Publication of new biological
information regarding the effects of
wildfires from 2003 to the present or
other relevant biological publications
addressing the status and recovery of
sage scrub habitat and conservation of
the coastal California gnatcatcher.
With regard to the proposed
designation of critical habitat for the
San Diego fairy shrimp, we particularly
seek comments concerning:
(1) Land use designations and current
or planned activities in the subject areas
and their possible impacts on areas
proposed as critical habitat for the San
Diego fairy shrimp, including new
information regarding areas proposed as
critical habitat that may have lost vernal
pool habitat as a result of development;
(2) Information regarding newly
identified vernal pools that were not
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]]>Agencies
[Federal Register Volume 72, Number 63 (Tuesday, April 3, 2007)]
[Proposed Rules]
[Pages 15854-15857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6068]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-38
[FMR Case 2007-102-2; Docket FMR-2007-0001, Sequence 1]
RIN 3090-AI33
Federal Management Regulation; FMR Case 2007-102-2, Sale of
Personal Property--Federal Asset Sales (FAS) Sales Centers
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Proposed rule.
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SUMMARY: The General Services Administration is amending the Federal
Management Regulation (FMR) by adding provisions for the sale of
personal property through Federal Asset Sales (FAS) Sales Centers.
DATES: Interested parties should submit comments in writing on or
before May
[[Page 15855]]
3, 2007 to be considered in the formulation of a final rule.
ADDRESSES: Submit comments identified by FMR case 2007-102-2 by any of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Search for any document by first selecting the proper document types
and selecting ``General Services Administration'' as the agency of
choice. At the ``Keyword'' prompt, type in the FMR case number (for
example, FMR Case 2007-102-2) and click on the ``Submit'' button. You
may also search for any document by clicking on the ``Advanced search/
document search'' tab at the top of the screen, selecting from the
agency field ``General Services Administration,'' and typing the FMR
case number in the keyword field. Select the ``Submit'' button.
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 2007-
102-2 in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal information provided.
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 2007-102-2.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed amendment to part 102-38 of the Federal Management
Regulation (41 CFR part 102-38) would provide new policy to implement
the Federal Asset Sales (FAS) e-Government initiative. The goals of
this initiative are to:
Maximize the value that the Federal Government receives
from selling its real and personal property assets by maximizing the
visibility of the assets to prospective buyers. This regulation only
addresses the sale of personal property.
Effect transparency in the sales process so that agencies
are aware of the costs and performance of their sales alternatives,
prospective buyers are aware of the conditions of the items offered for
sale, and information on Federal sales activities and results are
easily available to the public.
Collect and report Governmentwide data on the volume,
proceeds, cost, and other performance characteristics of Federal
property sales.
This part discusses the requirement for agencies to sell their
property through designated Sales Centers (SCs). The definitions of
terms related to the FAS initiative are provided in this part, along
with the policy related to how agencies must implement this initiative.
Changes are also being made to this part to strengthen the terms
and conditions of sale to specifically include requirements to dispose
of assets in accordance with Federal, State, and local laws and
regulations (section 102-38.75).
B. Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action for the purposes of Executive Order 12866.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
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.
D. Small Business Regulatory Enforcement Fairness Act
This proposed 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 102-38
Government property management, Surplus Government property.
Dated: January 25, 2007.
Kevin Messner,
Acting Associate Administrator.
For the reasons set forth in the preamble, GSA amends 41 CFR part
102-38 as set forth below:
PART 102-38--SALE OF PERSONAL PROPERTY
1. The authority citation for part 102-38 continues to read as
follows:
Authority: 40 U.S.C 545 and 40 U.S.C. 121(c).
Sec. 102-38.25 [Amended]
2. Amend Sec. 102-38.25 by removing ``holding'' and adding ``Sales
Center'' in its place.
3. Amend Sec. 102-38.30 by revising the heading to read as
follows:
Sec. 102-38.30 How does an executive agency request a deviation from
the provisions of this part?
* * * * *
4. Amend Sec. 102-38.35 by adding the definitions ``Federal Asset
Sales (FAS)'', ``Holding Agency'', ``Migration Plan'', and ``Sales
Center (SC)'' to read as follows:
Sec. 102-38.35 What definitions apply to this part?
* * * * *
Federal Asset Sales (FAS) refers to the e-Government initiative to
improve the way the Federal Government manages and sells its real and
personal property assets. Under this initiative, only an agency
designated as a Sales Center (SC) may sell Federal property. The FAS
program is governed by the FAS Executive Steering Committee (ESC), with
GSA as the managing partner agency.
Holding Agency refers to the agency in possession of personal
property eligible for sale under this Part.
* * * * *
Migration Plan refers to the document a holding agency prepares to
summarize its choice of SC and its plan for migrating agency sales to
the SC(s). The format for this document is determined by the FAS ESC.
* * * * *
Sales Center (SC) means an agency that has been designated as an
official sales agent for Federal property. The criteria for becoming an
SC, the selection process, and the ongoing SC requirements for posting
property for sale to the FAS portal and reporting sales activity and
performance data are established by the FAS ESC and can be obtained
from the FAS Program Management Office at GSA. SCs are expected to
provide exemplary asset management solutions in one or more of the
following areas: on-line sales; off-line sales; and sales-related value
added services. SCs will enter into agreements with holding agencies to
sell property belonging to these agencies.
* * * * *
5. Revise Sec. 102-38.40 to read as follows:
Sec. 102-38.40 Who may sell personal property?
An executive agency may sell personal property (including on behalf
of another agency when so requested) only if it is a designated Sales
Center (SC). An SC may engage contractor support to sell personal
property. Only a duly authorized agency official may execute the sale
award documents and bind the United States.
[[Page 15856]]
6. Amend Sec. 102-38.50 by revising the heading and introductory
paragraph to read as follows:
Sec. 102-38.50 What must we do when an executive agency suspects
violations of 40 U.S.C. 559, fraud, bribery, or criminal collusion in
connection with the disposal of personal property?
If an executive agency suspects violations of 40 U.S.C. 559, fraud,
bribery, or criminal collusion in connection with the disposal of
personal property, the agency must--
* * * * *
7. Revise Sec. 102-38.60 to read as follows:
Sec. 102-38.60 Who is responsible for the costs of care and handling
of the personal property before it is sold?
The holding agency is responsible for the care and handling costs
of the personal property until it is removed by the buyer, the buyer's
designee, or an SC. The holding agency may request the SC to perform
care and handling services in accordance with their agreement. When
specified in the terms and conditions of sale, the SC may charge costs
for storage when the buyer is delinquent in removing the property. The
amount so charged may only be retained by the agency performing the
care and handling in accordance with Sec. 102-38.295.
Sec. 102-38.65 [Amended]
8. Amend Sec. 102-38.65 in the heading, by removing ``we are'' and
adding ``we or the holding agency is'' in its place; and in the second
sentence by adding ``or the holding agency'' after ``you''.
Sec. 102-38.70 [Amended]
9. Amend Sec. 102-38.70 in the heading, by removing ``we'' and
adding ``the holding agency'' in its place; and in paragraph (a), by
removing ``you'' and adding ``the holding agency'' in its place.
10. Amend Sec. 102-38.75 by revising the introductory text to
paragraph (a), and paragraph (a)(12) to read as follows:
Sec. 102-38.75 How may we sell personal property?
(a) You will sell personal property upon such terms and conditions
as the head of your agency or designee deems proper to promote the
fairness, openness, and timeliness necessary for the sale to be
conducted in a manner most advantageous to the Government. When you are
selling property on behalf of another agency, you must consult with the
holding agency to determine any special or unique sales terms and
conditions. You must also document the required terms and conditions of
each sale, including, but not limited to, the following terms and
conditions, as applicable:
* * * * *
(12) Requirements to comply with applicable laws and regulations.
Part 101-42 of this subchapter contains useful guidance addressing many
of these requirements. You should also contact your agency's Office of
General Counsel or Environmental Office to identify applicable Federal,
State, or local environmental laws and regulations.
* * * * *
11. Revise Sec. 102-38.120 to read as follows:
Sec. 102-38.120 When may we conduct negotiated sales of personal
property at fixed prices (fixed price sale)?
You may conduct negotiated sales of personal property at fixed
prices (fixed price sale) under this section when:
(a) The items are authorized to be sold at fixed price by the GSA
Office of Travel, Transportation, and Asset Management (MT) in GSA
Bulletin FMR B-10 (located at www.gsa.gov/fmrbulletin). You may also
contact MT at the address listed in Sec. 102-38.115 to determine which
items are on this list of authorized items;
(b) The head of your agency, or designee, determines in writing
that such sales serve the best interest of the Government. When you are
selling property on behalf of a holding agency, you must consult with
the holding agency in determining whether a fixed price sale meets this
criterion; and
(c) You must publicize such sales to the extent consistent with the
value and nature of the property involved, and the prices established
must reflect the estimated fair market value of the property. Property
is sold on a first-come, first-served basis. You or the holding agency
may also establish additional terms and conditions that must be met by
the successful purchaser in accordance with Sec. 102-38.75.
12. Revise Sec. 102-38.295 to read as follows:
Sec. 102-38.295 May we retain sales proceeds?
(a) You may retain that portion of the sales proceeds, in
accordance with your agreement with the holding agency, equal to your
direct costs and reasonably related indirect costs (including your
share of the Governmentwide costs to support the FAS Internet portal
and Governmentwide reporting requirements) incurred in selling personal
property.
(b) A holding agency may retain that portion of the sales proceeds
equal to its costs of care and handling directly related to the sale of
personal property by the SC (e.g., shipment to the SC, storage pending
sale, and inspection by prospective buyers).
(c) After accounting for amounts retained under paragraphs (a) and
(b), a holding agency may retain the balance of proceeds from the sale
of its agency's personal property when--
(1) It has the statutory authority to retain all proceeds from
sales of personal property;
(2) The property sold was acquired with non-appropriated funds as
defined in Sec. 102-36.40 of this subchapter B;
(3) The property sold was surplus Government property that was in
the custody of a contractor or subcontractor, and the contract or
subcontract provisions authorize the proceeds of sale to be credited to
the price or cost of the contract or subcontract;
(4) The property was sold to obtain replacement property under the
exchange/sale authority pursuant to part 102-39 of this subchapter B;
or
(5) The property sold was related to waste prevention and recycling
programs, under the authority of Section 607 of Public Law 107-67
(Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999, Public Law 107-67, 115 Stat. 514). Consult your General Counsel
or Chief Financial Officer for guidance on use of this authority.
13. Revise the section heading to Sec. 102-38.300 to read as
follows:
Sec. 102-38.300 What happens to sales proceeds that neither we nor
the holding agency are authorized to retain, or that are unused?
* * * * *
14. Add Subpart H, consisting of Sec. 102-38.360 to read as
follows:
Subpart H--Implementation of the Federal Asset Sales Program
Sec. 102-38.360 What must an executive agency do to implement the
Federal Asset Sales (FAS) program?
An executive agency must:
(a) Complete a migration plan which outlines the agency's action
and timetable to begin using or become a SC. The migration plan must
include the deadline to have all agency personal property sales
conducted by an SC no later than [date six months after publication of
the final rule in the Federal Register].
(b) Migrate all agency sales processes to your selected SC(s) no
later than [date six months after publication of the final rule in the
Federal Register]. Content
[[Page 15857]]
and format of item data reported to the SC for sale must be in
conformance with standards developed by the FAS ESC.
(c) Provide all post-sale data and metrics to the FAS Planning
Office in care of GSA MT using format and process developed by the FAS
ESC no later than [date six months after publication of the final rule
in the Federal Register].
[FR Doc. E7-6068 Filed 4-2-07; 8:45 am]
BILLING CODE 6820-14-S
