Federal Management Regulation; FPMR Case 2003-101-1; FMR Case 2003-102-4, Disposition of Personal Property with Special Handling Requirements, 25723-25735 [E7-8670]
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Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Proposed Rules
but are not limited to Broadcast Notice
to Mariners or Local Notice to Mariners.
The Captain of the Port will issue a
Broadcast Notice to Mariners notifying
the public when enforcement of the
safety zone established by this section is
suspended.
(e) Exemption. Public vessels as
defined in paragraph (b) of this section
are exempt from the requirements in
this section.
(f) Wavier. For any vessel, the Captain
of the Port Lake Michigan or a
designated representative may waive
any of the requirements of this section,
upon finding that operational
conditions or other circumstances are
such that application of this section is
unnecessary or impractical for the
purposes of safety or environmental
safety.
Dated: March 12, 2007.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. E7–8605 Filed 5–4–07; 8:45 am]
BILLING CODE 4910–15–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 101–42, 101–45, and 102–
40
[FPMR Case 2003–101–1; Docket 2007–001;
Sequence 2]
[FMR Case 2003–102–4]
RIN 3090–AH21
Federal Management Regulation;
FPMR Case 2003–101–1; FMR Case
2003–102–4, Disposition of Personal
Property with Special Handling
Requirements
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Proposed rule.
AGENCY:
The General Services
Administration is proposing to amend
the Federal Property Management
Regulations (FPMR) by revising
coverage on the hazardous and certain
categories of personal property and
moving it into the Federal Management
Regulation (FMR) addressing all types of
property requiring special handling. A
cross-reference is added to the FPMR to
direct readers to the coverage in the
FMR. The FMR coverage is written in
plain language to provide agencies with
updated regulatory material that is easy
to read and understand.
DATES: Interested parties should submit
comments in writing on or before June
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SUMMARY:
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6, 2007 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FPMR case 2003–101–1 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, FPMR case 2003–101–1) and
click on the ‘‘Submit’’ button. Please
include any personal and/or business
information inside the document. 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 FPMR case 2003–101–1 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 Robert Holcombe, Director,
Asset Management (MTA), at (202)
501–3828. Please cite FPMR Case
2003–101–1.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule updates,
streamlines, and clarifies FPMR part
101–42 and moves the part into the
FMR as part 102–40. This proposed rule
also removes §§ 101–45.001, 101–
45.002, and 101–45.004. The subject
matter of these sections is addressed in
section 102–40.190 (disposal of items
requiring demilitarization); section 102–
40.50 (handling of property reported to
GSA so as to preserve civilian utility as
far as possible); section 102–40.220
(disposal of gold as a precious metal);
and section 102–40.135 (disposal of
ATVs).
In addition, this proposed rule
removes section 101–45.003 regarding
vehicle reconditioning. That section
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provides guidance that the Federal fleet
community considers standard business
practices, and is more prescriptive of
specific tasks than is intended by this
Governmentwide policy regulation.
The proposed rule is written in a
plain language question and answer
format. This style uses an active voice,
shorter sentences, and pronouns. A
question and its answer combine to
establish a rule. The employee and the
agency must follow the language
contained in both the question and its
answer.
Proposed FMR part 102–40 includes
the following specific changes from
FPMR part 101–42:
1. Proposed section 102–40.30
includes the following terms and
definitions not found in section 101–
42.001:
Ammunition
Commerce Control List Item (CCLI)
Demilitarization
Material Safety Data Sheet (MSDS)
Medical devices
Precious metal
2. Proposed section 102–40.95 revises
FPMR section 101–42.401, Sales
responsibilities for hazardous material,
by allowing agencies to sell property
with special handling requirements.
3. Proposed section 102–40.150 has
special requirements for handling
asbestos products.
4. Proposed section 102–40.140
introduces the topic of disposal of
ammunition which does not appear in
part 101–42. The disposition of
ammunition and ammunition
components are combined in this part
102–40. A new policy contained in part
102–40 allows the sale of ammunition
and ammunition components to
activities licensed to perform
manufacturing/ demanufacturing/
remanufacturing, or licensed to recover
basic material content of the
ammunition or ammunition
components. Expended ammunition
cartridge cases may be transferred or
donated when the recipient certifies that
the cartridge case will be reloaded and
used only for law enforcement
purposes.
5. Proposed section 102–40.195 has
special requirements for handling
Commerce Control List items.
6. Proposed part 102–40 incorporates
topics that appeared in 41 CFR part
101–45; specifically, the provisions
appearing at section 101–45.001,
‘‘Demilitarization and
decontamination’’; section 101–45.002,
‘‘Gold’’; and section 101–45.004, ‘‘All
terrain vehicles.’’ The subject matter of
these sections is addressed in section
102–40.190 (disposal of items requiring
demilitarization); section 102–40.50
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(handling of property reported to GSA
so as to preserve civilian utility as far as
possible); section 102–40.220 (disposal
of gold as a precious metal); and section
102–40.135 (disposal of ATVs).
This proposed rule removes section
101–45.003 regarding vehicle
reconditioning. That section provides
guidance that the Federal fleet
community considers standard business
practices, and is more prescriptive of
specific tasks than is intended by this
Governmentwide policy regulation.
7. Proposed part 102–40 is less
prescriptive. It is GSA’s intention to use
these FMR regulations to describe
‘‘what’’ is to be accomplished, not
‘‘how’’ to perform a specific task.
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.
List of Subjects in 41 CFR Parts 101–42,
101–45, and 102–40
Government property management.
Dated: December 11, 2006.
Kevin Messner,
Acting Associate Administrator.
For the reasons set forth in the
preamble, GSA proposes to amend 41
CFR chapters 101 and 102 as follows:
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CHAPTER 101—FEDERAL PROPERTY
MANAGEMENT REGULATIONS
1. Part 101–42 is revised to read as
follows:
PART 101–42—DISPOSITION OF
PERSONAL PROPERTY WITH
SPECIAL HANDLING REQUIREMENTS
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2. The authority citation for part 101–
45 continues to read as follows:
Authority: 40 U.S.C. 545 and 121(c).
§ 101–45.002
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.
16:53 May 04, 2007
PART 101–45—SALE,
ABANDONMENT, OR DESTRUCTION
OF PERSONAL PROPERTY
[Removed]
3. Section 101–45.001 is removed.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because this 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.
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For information on the disposition of
personal property with special handling
requirements previously contained in
this part, see FMR part 40 (41 CFR part
102–40), Disposition of Personal
Property with Special Handling
Requirements.
§ 101–45.001
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.
Authority: 40 U.S.C. 121(c).
§ 101–42.000 Cross-reference to the
Federal Management Regulation (FMR) (41
CFR chapter 102, parts 102–1 through 102–
220).
[Removed]
4. Section 101–45.002 is removed.
§ 101–45.003
[Removed]
5. Section 101–45.003 is removed.
§ 101–45.004
[Removed]
6. Section 101–45.004 is removed.
CHAPTER 102—Federal Management
Regulation
7. Part 102–40 is added to subchapter
B of chapter 102 to read as follows:
PART 102–40—DISPOSITION OF
PERSONAL PROPERTY WITH
SPECIAL HANDLING REQUIREMENTS
Subpart A—General Provisions
Sec.
102–40.5 What does this part cover?
102–40.10 What is the governing authority
for this part?
102–40.15 Who must comply with the
provisions in this part?
102–40.20 To whom do ‘‘we’’, ‘‘you’’, and
their variants refer?
102–40.25 How do we request a deviation
from these requirements and who can
approve it?
Definitions
102–40.30 What definitions apply to this
part?
Subpart B—Responsibilities
102–40.35 What types of personal property
require special handling?
102–40.40 What are our responsibilities
concerning personal property requiring
special handling?
102–40.45 What must we do when we have
identified personal property with special
handling requirements?
102–40.50 What must we do when we no
longer need personal property with
special handling requirements?
102–40.55 Do we report all excess personal
property with special handling
requirements to GSA?
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102–40.60 Who is responsible for the
custody of hazardous materials and
property requiring special handling?
102–40.65 Who is responsible for the care
and handling of hazardous materials and
property requiring special handling?
Subpart C—Transfer and Donation of
Personal Property With Special Handling
Requirements
102–40.70 What must we do when
reporting excess personal property with
special handling requirements?
102–40.75 Is personal property requiring
special handling available for transfer or
donation?
102–40.80 Is donee certification required on
the donation of personal property
requiring special handling?
102–40.85 Must we follow additional
requirements for the inspection of
personal property with special handling
requirements?
102–40.90 Who pays for the costs incident
to the transfer or donation of personal
property with special handling
requirements?
Subpart D—Sale of Personal Property With
Special Handling Requirements
102–40.95 May we sell personal property
with special handling requirements?
102–40.100 May we use any sales method
to sell personal property that require
special handling?
102–40.105 What must we include in the
sales terms and conditions when selling
personal property with special handling
requirements?
102–40.110 Are certifications required from
the purchaser when selling personal
property with special handling
requirements?
102–40.115 What precautions must we take
during the sales process for personal
property requiring special handling?
102–40.120 May we dispose of personal
property requiring special handling by
abandonment or destruction?
Subpart E—Personal Property with Special
Handling Requirements
102–40.125 What categories of personal
property require special handling?
102–40.130 How do we manage acidcontaminated and explosivecontaminated property?
102–40.135 How do we handle all-terrain
vehicles (ATVs)?
102–40.140 How do we handle
ammunition?
102–40.145 How do we handle animals and
plants?
102–40.150 How do we handle asbestos?
102–40.155 How do we handle controlled
substances?
102–40.160 How do we handle drugs,
biologicals, and reagents other than
controlled substances?
102–40.165 How do we handle electronic
products?
102–40.170 How do we handle firearms?
102–40.175 How do we handle hazardous
materials?
102–40.180 How do we handle leadcontaining paints and items bearing leadcontaining paint?
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102–40.185 How do we handle medical
devices?
102–40.190 How do we handle Munitions
List Items (MLIs)?
102–40.195 How do we handle Commerce
Control List Items (CCLIs)?
102–40.200 How do we handle national
stockpile material?
102–40.205 How do we handle Nuclear
Regulatory Commission-controlled
materials?
102–40.210 How do we handle ozone
depleting substances?
102–40.215 How do we handle
polychlorinated biphenyls (PCBs)?
102–40.220 How do we handle precious
metals?
102–40.225 How do we handle vehicles not
suitable for highway use?
Appendix A Federal Supply Classes (FSC)
Composed Predominantly of Hazardous
Items
Appendix B Federal Supply Classes and
Groups Which Contain A Significant
Number of Hazardous Items
Authority: 40 U.S.C. 121(c).
Subpart A—General Provisions
§ 102–40.5
What does this part cover?
This part provides guidance on the
transfer, donation, sale and other
disposal of Government personal
property with special handling
requirements located in the United
States, the District of Columbia, the U.S.
Virgin Islands, American Samoa, Guam,
Puerto Rico, the Northern Mariana
Islands, Federated States of Micronesia,
the Marshall Islands, and Palau. For
guidance on disposing of personal
property located outside these areas, see
§§ 102–36.380 through 102–36.400 of
this subchapter B.
§ 102–40.10 What is the governing
authority for this part?
Section 121(c) of title 40 of the United
States Code, Subtitle I—Federal
Property and Administrative Services,
authorizes the Administrator of General
Services to prescribe regulations
necessary to perform functions under
this part.
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§ 102–40.15 Who must comply with the
provisions in this part?
All executive agencies must comply
with the provisions of this part unless
authorized by separate statutory
authority to do otherwise. Legislative
and judicial agencies are encouraged to
follow these provisions.
§ 102–40.20 To whom do ‘‘we’’, ‘‘you’’, and
their variants refer?
The pronouns ‘‘we’’, ‘‘you’’, and their
variants throughout this part refer to the
agency.
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§ 102–40.25 How do we request a
deviation from these requirements and who
can approve it?
See §§ 102–2.60 through 102–2.110 of
subchapter A to request a deviation
from the requirements of this part.
Definitions
§ 102–40.30
part?
What definitions apply to this
The following definitions apply to
this part:
Acid-contaminated property means
property that may cause burns or
toxicosis when improperly handled due
to acid residues adhering to or trapped
within the material.
Ammunition means any device
charged with explosives, propellants,
pyrotechnics, or nuclear, biological, or
chemical material, for use in connection
with defense, offense, or demolitions.
Ammunition components means the
parts used in ammunition, to include
cartridge cases, primers, bullets/
projectiles, and propellant powder.
Biologicals means hazardous
materials associated with the products
and operations of applied biology and
biochemistry, especially serums,
vaccines, etc., produced from
microorganisms.
Commerce Control List Item (CCLI)
means property identified on the
Commerce Control List (15 CFR part
774) subject to export controls under the
Export Administration Act of 1979, as
amended (50 U.S.C. app. 2401–2420)
and implemented by the Export
Administration Regulations (15 CFR
part 730). Items may be placed on the
list for reasons of technology transfer,
scarcity of materials, crime control, and
national security.
Controlled substances means—
(1) Any narcotic, depressant,
stimulant, or hallucinogenic drug, or
any other drug or substance included in
Schedules I, II, III, IV, or V of section
202 of the Controlled Substances Act
(21 U.S.C. 812), except exempt chemical
preparations and mixtures and excluded
substances listed in 21 CFR part 1308;
(2) Any other drug or substance that
the Attorney General determines to be
subject to control under Subchapter I of
the Controlled Substances Act (21
U.S.C. 801 to 904); or
(3) Any other drug or substance that
by international treaty, convention, or
protocol is to be controlled by the
United States.
Demilitarization means, as defined by
the Department of Defense (DOD) in the
Defense Material Disposition Manual,
DOD 4160.21–M (www.dla.mil/dlaps/
dod/416021m/guide.asp), the act of
destroying the military offensive or
defensive advantages inherent in certain
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types of equipment or material. The
term includes mutilation, dumping at
sea, scrapping, melting, burning, or
alteration designed to prevent the
further use of this equipment and
material for its originally intended
military or lethal purpose and applies
equally to material in unserviceable or
serviceable condition that has been
screened through an Inventory Control
Point and declared excess or foreign
excess.
Explosive-contaminated property
means property that may ignite or
explode when exposed to shock, flame,
sparks, or other high temperature
sources due to residual explosive
material in joints, angles, cracks, or
around bolts.
Extremely hazardous property means
property hazardous to the extent that it
generally requires special handling such
as licensing and training of handlers,
protective clothing, and special
containers and storage. Because of its
extreme flammability, toxicity,
corrosivity or other perilous qualities, it
could constitute an immediate danger or
threat to public health or safety or the
environment if released to the general
public.
Firearm means any weapon, silencer,
or destructive device designed to, or
readily convertible to, expel a projectile
by the action of an explosive, as defined
in Title 26 of the Internal Revenue Code
(26 U.S.C. 5845). Excludes antique
firearms as defined in 26 U.S.C. 5845(g).
Hazardous material means property
that is deemed a hazardous material,
chemical substance or mixture, or
hazardous waste under the Hazardous
Materials Transportation Act (HMTA),
the Resource Conservation and
Recovery Act (RCRA), or the Toxic
Substances Control Act (TSCA).
Generally, hazardous materials have one
or more of the following characteristics:
(1) Has a flash point below 200°F
(93.3°C), closed cup, or is subject to
spontaneous heating.
(2) Is subject to polymerization with
the release of large amounts of energy
when handled, stored, or shipped
without adequate controls.
(3) In the course of normal operations,
may produce fibers, dusts, gases, fumes,
vapors, mists, or smokes which have
one or more of the following
characteristics:
(i) Causes 50 percent fatalities to test
animals below 500 mg/kg of test animal
weight when a single oral Lethal Dose,
50% (LD50) or semi-lethal dose is used.
(ii) Is a flammable solid or a strong
oxidizing or reducing agent.
(iii) Causes first degree burns to skin
in a short time exposure, or is
systematically toxic by skin contact.
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(iv) Has a permissible exposure limit
(PEL) below 1000 parts per million for
gases and vapors, below 500 mg/mm3
for fumes, or below 2 fibers/CM3 for
dust.
(v) Causes occupational chemical
dermatitis, which is any abnormality of
the skin induced or aggravated by the
work environment which includes but
is not limited to primary irritant
categories, allergic sensitizers, and
photo sensitizers.
(4) Is radioactive to the extent it
requires special handling.
(5) Is a recognized carcinogen
according to Occupational Safety and
Health Administration (OSHA)
regulations at 29 CFR part 1910.
(6) Possesses special characteristics
which, in the opinion of the holding
agency, could be hazardous to health,
safety, or the environment if improperly
handled, stored, transported, disposed
of, or otherwise improperly used.
Hazardous waste means those
materials the handling and disposal of
which are governed by 40 CFR parts 260
through 265 and 268. Hazardous
materials generally become hazardous
wastes when they are no longer suitable
for their intended or valid alternate
purpose, or for resource recovery. Some
solid (non-hazardous) wastes are
predetermined hazardous wastes upon
generation (40 CFR part 261, subpart D);
some are determined hazardous wastes
when they exhibit ignitability,
corrosivity, reactivity, or extraction
procedure toxicity.
Lead-containing paint means paint or
other similar surface coating material
containing lead or lead compounds in
excess of 0.06 percent of the weight of
the total nonvolatile content of the paint
or the weight of the dried paint film.
Material Safety Data Sheet (MSDS)
means the documentation, as required
by 29 CFR 1910.1200, identifying the
potential hazards associated with the
specific category of product or property.
Sources of MSDS information may be
the manufacturer, distributor, or the
procuring agency.
Medical devices means any healthcare product that does not achieve its
principle intended purposes by
chemical action in or on the body or by
being metabolized. Medical devices are
categorized in the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301–399).
Munitions List Item (MLI) means
property, services, and related technical
data designated as defense articles and
defense services pursuant to sections 38
and 47(7) of the Arms Export Control
Act (22 U.S.C. 2778 and 2794(7)).
Implementing regulations may be found
in 22 CFR parts 120 and 121.
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Nuclear Regulatory CommissionControlled Material means material
subject to the controls of the Nuclear
Regulatory Commission (NRC). The
materials are defined as follows:
(1) Byproduct material: Any
radioactive material (except special
nuclear material) yielded in or made
radioactive by exposure to the radiation
incident to the process of producing or
utilizing special nuclear material. (See
10 CFR part 30).
(2) Source material: Uranium or
thorium, or any combination thereof, in
any physical or chemical form or ores
which contain by weight one-twentieth
of one percent (0.05%) or more of
uranium, thorium, or any combination
thereof. Source material does not
include special nuclear material. (See 10
CFR part 40).
(3) Special nuclear material:
Plutonium, uranium 233, uranium
enriched in the isotope 233 or in the
isotope 235, any other materials which
the NRC, pursuant to the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.),
including any amendments thereto,
determines to be special nuclear
material, or any material artificially
enriched by any of the foregoing, but
does not include source material. (See
10 CFR part 70).
Perishable means an item subject to
rapid deterioration or spoilage when
removed from special storage conditions
or care, such as fresh food, animals, and
plants.
Precious metal means gold, silver, and
platinum group metals (platinum,
palladium, iridium, rhodium, osmium,
and ruthenium).
Reagent means any hazardous
material used to detect or measure
another substance or to convert one
substance into another by means of the
reactions it causes.
Subpart B—Responsibilities
§ 102–40.35 What types of personal
property require special handling?
Personal property containing
hazardous materials or other elements
that require compliance with Federal,
State, and local laws in their usage,
storage, transportation and disposal, and
the inadequate control of which may
lead to potential safety, health,
environmental, economic, or national
security risks.
§ 102–40.40 What are our responsibilities
concerning personal property requiring
special handling?
You are responsible for—
(a) Identifying and accounting for
property with special handling
requirements;
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(b) Complying with applicable
Federal, State, and local laws and
regulations concerning the handling,
storage, labeling, use, and final
disposition of such property;
(c) Ensuring adequate storage and
safeguard of such property, e.g., secured
or limited access storage areas, warning
signs, and protective clothing and
equipment; and
(d) Transporting materials requiring
special handling in accordance with
Department of Transportation (DOT),
Environmental Protection Agency
(EPA), and State and local regulations.
§ 102–40.45 What must we do when we
have identified personal property with
special handling requirements?
You must properly mark, tag, or label
personal property with special handling
requirements in accordance with
applicable Federal law, including the
Occupational Safety and Health
Administration requirements (29 CFR
1910.1200), regarding the actual or
potential hazard associated with the
property, and ensure that such
information is maintained and
perpetuated in the official agency
property records. Labeling requirements
for substances that are excluded from
the requirements of 29 CFR 1910.1200
are found in the references listed in 29
CFR 1910.1200(b)(5) and (6).
§ 102–40.50 What must we do when we no
longer need personal property with special
handling requirements?
Except for the items listed in § 102–
40.55, you must report personal
property with special handling
requirements that you no longer need to
the General Services Administration
(GSA) for Federal or donation screening.
Dispose of property not required to be
reported to GSA in accordance with
applicable Federal, State, and local laws
and regulations, and your agency
procedures. Disposal must be
accomplished so as to preserve as much
as possible any civilian utility or
commercial value of the property.
§ 102–40.55 Do we report all excess
personal property with special handling
requirements to GSA?
No. Because of their characteristics,
certain items are not subject to the usual
disposal procedures. You should not
report to GSA excess personal property
with special handling requirements in
any of the categories listed below.
(a) Extremely hazardous personal
property. You must dispose of extremely
hazardous personal property not
reported to GSA in accordance with
applicable demilitarization
requirements, EPA regulations, State
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and local laws or regulations, and other
Federal laws, regulations or guidelines.
(b) Hazardous wastes. You must
dispose of hazardous wastes in
accordance with applicable
demilitarization requirements, EPA
regulations, State and local laws or
regulations, and other Federal laws,
regulations or guidelines.
(c) Perishables. You may dispose of
perishables by abandonment/
destruction when it is not detrimental to
public health or safety. See the
abandonment/destruction provisions in
part 102–36 of this subchapter B.
(d) EPA research materials. The EPA,
under its independent authority, may
transfer accountability for hazardous
materials deemed by EPA to be research
materials to Federal, State, and local
agencies, research institutions, or
commercial businesses to conduct
research or to perform the actual
cleanup of a contaminated site.
§ 102–40.60 Who is responsible for the
custody of hazardous materials and
property requiring special handling?
The holding agency is responsible for
the custody of hazardous materials and
property requiring special handling.
Custody of these items may be
transferred in whole or in part to
another Federal agency with that
agency’s consent.
§ 102–40.65 Who is responsible for the
care and handling of hazardous materials
and property requiring special handling?
The holding agency is responsible for
the care and handling of hazardous
materials and property requiring special
handling until the time the property has
completed the disposal process; and has
been transferred, donated, sold, or
destroyed, as authorized by this part.
The nature of this material may require
extra precautions, processes, or
equipment, thereby increasing the cost
of care and handling.
Subpart C—Transfer and Donation of
Personal Property With Special
Handling Requirements
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§ 102–40.70 What must we do when
reporting excess personal property with
special handling requirements?
You must include with your report of
excess a complete description of the
characteristics of the property, use or
disposal restrictions, and the actual or
potential hazard associated with the
use, handling, or storage of the item.
You should include a Material Safety
Data Sheet (MSDS) or Hazardous
Material Information System (HMIS)
record (or equivalent) if available. The
physical item which requires special
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handling must also be marked so as to
identify its special characteristic.
§ 102–40.75 Is personal property requiring
special handling available for transfer or
donation?
Generally, yes, with the exceptions
contained in this part, personal property
requiring special handling is available
for transfer or donation in accordance
with 41 CFR parts 102–36 and 102–37
of this subchapter B respectively.
However, all transfer and donation
documents must include a complete
description of the actual or potential
hazard associated with the handling,
storage, use, or disposal of the item.
§ 102–40.80 Is donee certification required
on the donation of personal property
requiring special handling?
Yes, GSA will not approve a donation
to a State Agency for Surplus Property
(SASP) unless an eligible donee has
been identified. The transfer document
must contain a full description of the
actual or potential hazard(s) and
restriction(s) associated with the
handling, storage, use, transportation, or
disposal of the item. In addition, the
following certification (or an equivalent)
must be signed by the donee:
I (We), the undersigned, hereby certify that
the donee has knowledge and understanding
of the hazardous nature of the property
hereby donated and will comply with all
applicable Federal, State, and local laws,
ordinances, and regulations with respect to
the care, handling, storage, shipment, and
disposal of the hazardous material(s). The
donee agrees and certifies that the United
States shall not be liable for personal injuries
to, disabilities of, or death of the donee or the
donee’s employees, or any other person
arising from or incident to the donation of
the hazardous material(s) or its final
disposition. Additionally, the donee agrees
and certifies to hold the United States
harmless from and shall indemnify the
United States against any or all debts,
liabilities, judgments, costs, demands, suits,
actions, or claims of any nature arising from
or incident to the donation of the hazardous
material(s), its use, or final disposition.
llllllllllllll
Name of Donee (print or type)
llllllllllllll
Signature of Donee
§ 102–40.85 Must we follow additional
requirements for the inspection of personal
property with special handling
requirements?
Yes, you are responsible for
establishing appropriate safeguards and
providing instructions for personal
protection to screeners who are
inspecting property with special
handling requirements.
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25727
§ 102–40.90 Who pays for the costs
incident to the transfer or donation of
personal property with special handling
requirements?
You may charge the Federal agency or
donation recipient any costs you
incurred in packing, preparing for
shipment, and transporting property
with special handling requirements (see
parts 102–36 and 102–37 of this
subchapter B).
Subpart D—Sale of Personal Property
With Special Handling Requirements
§ 102–40.95 May we sell personal property
with special handling requirements?
Generally, yes, you may sell personal
property with special handling
requirements when you (1) comply with
applicable Federal, State, and local laws
and regulations, including 41 CFR part
102–38, and (2) follow applicable
precautions including but not limited to
proper packaging of the property,
labeling of appropriate warning signs,
and allowing for inspection of the
property with proper safeguards.
§ 102–40.100 May we use any sales
method to sell personal property that
requires special handling?
Yes, you may use any of the sales
methods provided in part 102–38 of this
subchapter B, but you must—
(a) Hold sales of such property
separately from other sales,
(b) Store and display such property in
a safe and controlled manner as
required by applicable statutes or
regulations,
(c) Indicate if the property is being
sold only for scrap, and/or if there are
any use requirements, and
(d) Comply with the requirements of
other Federal, State, and local laws and
regulations.
§ 102–40.105 What must we include in the
sales terms and conditions when selling
personal property with special handling
requirements?
In addition to the recommended sales
terms and conditions contained in part
102–38 of this subchapter B, when
selling personal property with special
handling requirements you must
include the following in the sales terms
and conditions:
(a) A full description of the actual or
potential hazard(s) associated with
handling, storage, or use of the item, as
well as any use restrictions or
limitations.
(b) A MSDS, when available.
(c) A certification, executed by a duly
authorized agency official, that the item
is appropriately labeled and packaged in
accordance with applicable regulatory
and statutory requirements.
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(d) Any additional requirements the
purchaser must comply with prior to
removal, e.g., demilitarization on-site.
(e) The necessary steps the purchaser
must take in the handling and
transportation of the property when the
property is sold.
(f) A statement that it is the
purchaser’s responsibility to comply
with all applicable Federal, State, local,
and export laws and regulations to
ensure the proper registration, licensing,
possession, transportation, and
subsequent use, resale or disposal of the
property. You must use the following
certification (or an equivalent
certification) when offering for sale an
item requiring special handling. Failure
to sign the certification may result in the
bid being rejected as nonresponsive:
The undersigned bidder hereby certifies
that if awarded a contract under this
invitation for bids, the bidder will comply
with all applicable Federal, State, and local
laws, ordinances, and regulations with
respect to the care, handling, storage,
shipment, resale, export, or other use of the
material hereby purchased. The bidder will
hold the United States harmless from and
indemnify the United States against any or
all debts, liabilities, judgments, costs,
demands, suits, actions, or other claims of
any nature arising from or incident to the
handling, use, storage, shipment, resale,
export, or other disposition of the items
purchased.
llllllllllllll
Name of bidder (print or type)
llllllllllllll
Signature of bidder
§ 102–40.110 Are certifications required
from the purchaser when selling personal
property with special handling
requirements?
Yes, in addition to receiving a
certification that the purchaser will
comply with all Federal, State, and local
laws and regulations with respect to the
care, handling, storage, shipment, and
disposal of personal property with
special handling requirements, you
must obtain from the purchaser a
certification that the purchaser will
comply with any additional
requirements associated with the
property, such as demilitarization,
export controls on Commerce-controlled
list items, or mutilation requirements
for flight safety critical aircraft parts.
rwilkins on PROD1PC63 with PROPOSALS
§ 102–40.115 What precautions must we
take during the sales process for personal
property requiring special handling?
It is your responsibility to prepare
items with special handling
requirements for sale, provide all
necessary information to ensure that
prospective bidders are informed of
hazards, and identify precautions that
bidders should take to protect
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themselves while inspecting, packing or
moving items with special handling
requirements. You must make any safety
gear or equipment needed during the
sales process available to prospective
bidders and others involved in the
inspection, packing, or moving of these
items.
§ 102–40.120 May we dispose of personal
property requiring special handling by
abandonment or destruction?
Yes, you may dispose of personal
property requiring special handling by
abandonment or destruction. However,
in addition to the requirements for the
abandonment or destruction of property
in §§ 102–36.305 through 102–36.330 of
this subchapter B, you must also satisfy
applicable Federal, State, and local
waste disposal and air and water
pollution control standards, laws, and
regulations. You must ensure that such
property, including empty hazardous
material containers, not be abandoned
until made safe, demilitarized, reduced
to scrap, or otherwise made innocuous.
National security classified items must
be declassified or destroyed in
accordance with holding agency
regulations.
Subpart E—Personal Property With
Special Handling Requirements
§ 102–40.125 What categories of personal
property require special handling?
Many categories of personal property
have special handling requirements in
compliance with applicable Federal,
State, and local regulations and
ordinances for their handling,
transportation, storage, disposal and
use. See Appendix A to this part for a
listing of Federal Supply Classifications
(FSCs) containing predominately
hazardous items and Appendix B to this
part for a listing of FSCs containing a
significant number of hazardous items.
See §§ 102–40.130 through 102–40.225
for special handling instructions for
some categories of property that Federal
property managers are likely to have
responsibility for.
§ 102–40.130 How do we manage acidcontaminated and explosive-contaminated
property?
Acid-contaminated or explosivecontaminated property is considered
extremely hazardous property and is not
reported to GSA for subsequent transfer
or donation. You may dispose of such
property by sale, in accordance with
subpart B of this part and with the
condition that the purchaser sufficiently
decontaminates the property to the
degree that it is no longer extremely
hazardous. When selling acid or
explosive contaminated property, the
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Fmt 4702
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sales terms and sales documentation
must both include the following
certification, or an equivalent
certification, which must be signed by
the successful bidder.
It is hereby certified that the undersigned
purchaser will comply with all the applicable
Federal, State, and local laws, ordinances
and regulations with respect to the care,
handling, storage, and shipment, resale,
export, and other use of the materials, hereby
purchased, and that he/she is a user of, or
dealer in, said materials. This certification is
made in accordance with and subject to the
penalties of title 18, Section 1001, the United
States Code, Crime and Criminal Procedures.
llllllllllllll
Name of purchaser (print or type)
llllllllllllll
Signature of purchaser
§ 102–40.135 How do we handle all-terrain
vehicles (ATVs)?
Three-wheeled and four-wheeled all
terrain vehicles (ATVs) can be
exchanged with a dealer under the
provisions of part 102–39 of this
subchapter B. ATVs may be offered for
sale as either salvage or scrap only after
they have been mutilated in a manner
to prevent operational use.
§ 102–40.140 How do we handle
ammunition?
(a) Report usable ammunition to GSA
for possible transfer to a Federal agency.
You must not donate surplus
ammunition, but you may donate
surplus ammunition components. You
may sell ammunition and ammunition
components only to companies licensed
to perform manufacturing/
demanufacturing/remanufacturing
processes under the provisions of 18
U.S.C. 923 or other Federal law or
regulation. You must follow any
demilitarization requirements. When
selling ammunition components, the
sales terms and sales documentation
must both include the following
certification, or an equivalent
certification, which must be signed by
the successful bidder:
Item No. llllll contains
ammunition components offered for sale in
this invitation. The undersigned certifies that
he/she will comply with all applicable local,
State, and Federal laws and regulations
concerning ammunition components. If the
item being sold is scrap ammunition
components, the undersigned certifies that
these scrap ammunition components will not
be used for the original manufactured
purpose.
llllllllllllll
Name of bidder (print or type)
llllllllllllll
Signature of bidder
(b) Expended ammunition cartridge
cases may be transferred or donated
when the recipient certifies that the
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spent brass will be reloaded and used
only for law enforcement purposes.
(c) The transportation of primers or
propellant powder is governed by 49
CFR parts 171 through 180.
§ 102–40.145
and plants?
(d) Property containing asbestos
should be labeled with a warning such
as the following:
How do we handle animals
When possible, you should report live
animals and plants to GSA for transfer,
donation, or sale. They are, however,
considered perishables and could be
immediately disposed of by
abandonment/destruction procedures in
accordance with abandonment/
destruction authority in 41 CFR part
102–36 of this subchapter B. Unfit
horses and mules may be destroyed or
put out to pasture in accordance with 40
U.S.C. 1308. Under 40 U.S.C. 555, you
may donate canines formerly used in
the performance of law enforcement
duties to an individual experienced in
handling canines in the performance of
those duties.
§ 102–40.150
How do we handle asbestos?
rwilkins on PROD1PC63 with PROPOSALS
(a) Items with asbestos content must
be handled in accordance with the EPA
regulations found at 40 CFR part 61
subpart M.
(b) Report to GSA excess personal
property containing nonfriable asbestos,
as defined in 40 CFR 61.141, for
subsequent transfer, donation or sale in
accordance with part 102–36 of this
subchapter B. Nonfriable asbestos
materials cannot (1) when dry; be
crumbled, pulverized, or reduced to
powder by hand pressure, or (2) contain
asbestos which is bonded or otherwise
rendered unavailable for release into the
atmosphere through normal usage. All
documentation on excess personal
property containing nonfriable asbestos,
such as reporting, transfer, and sales
documents, must include a warning
statement that the item may contain
asbestos and must not be cut, crushed,
sanded, disassembled, or otherwise
altered. The property must also be
labeled or marked with such warning
statements.
(c) You must use a warning such as
the following on the documentation
reporting the excess or transferring an
item containing asbestos:
WARNING
This property contains asbestos. Inhaling
asbestos fibers may cause cancer. Do not
release fibers by cutting, crushing, sanding,
disassembling, or otherwise altering this
property. End users and new owners, if
transferred, should be warned. OSHA
standards for personnel protection are
codified at 29 CFR 1910.1001. EPA disposal
standards are codified at 40 CFR part 61.
State and local authorities may have
additional restrictions on the disposal of
items containing asbestos.
VerDate Aug<31>2005
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Jkt 211001
WARNING
This property contains asbestos. Inhaling
asbestos fibers may cause cancer. Do not
release fibers by cutting, crushing, sanding,
disa- ssembling, or otherwise altering this
property.
(e) Nonfriable asbestos that is not
transferred, donated, or sold may be
abandoned as provided in §§ 102–
36.305 through 102–36.330 of this
subchapter B. If destroyed by burial,
items containing friable or nonfriable
asbestos must be disposed of by burial
at a site that meets the requirements of
40 CFR 61.154.
§ 102–40.155 How do we handle controlled
substances?
(a) You are not required to report
excess controlled substances to GSA,
but you should make reasonable efforts
to transfer them to Federal agencies in
accordance with Drug Enforcement
Administration (DEA) regulations (21
CFR 1307.22). The recipient agency
must certify that it is authorized to
procure the particular controlled
substance and provide the registration
number on the Certificate of
Registration, issued by DEA.
(b) You must not donate controlled
substances.
(c) In accordance with sales
procedures specified in part 102–38 of
this subchapter B, and under the
conditions specified in this subsection
(c), you may sell controlled substances
by sealed bid only to bidders who have
registered with DEA to manufacture,
distribute, or dispense the particular
controlled substance. As a condition of
sale the bidder must submit verification
of DEA registration. Prior to finalizing
the sale, you must obtain confirmation
from DEA of the bidder’s status as a
registered manufacturer, distributor, or
dispenser of controlled substances.
(1) The following statement, or an
equivalent statement, must be included
in the sales terms and conditions when
selling controlled substances:
The bidder shall complete, sign, and return
with his/her bid the certificate as contained
in this invitation. No award will be made or
sale consummated until after this agency has
obtained from the Drug Enforcement
Administration, Department of Justice,
verification that the bidder is registered to
manufacture, distribute, or dispense those
controlled substances which are the subject
of the award.
(2) The following certification, or an
equivalent certification, must be made a
part of the Invitation for Bid to be
completed and signed by the bidder and
returned with the bid. Failure to sign
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25729
the certification may result in the bid
being rejected as nonresponsive:
The undersigned bidder certifies that he/
she is Registered with the Drug Enforcement
Administration, Department of Justice, as a
manufacturer, distributor, or dispenser of the
controlled substances for which a bid is
submitted and the registration number is:
llllllll.
llllllllllllll
Name of bidder (print or type)
llllllllllllll
Signature of bidder
llllllllllllll
Address of bidder (print or type)
llllllllllllll
City, State, Zip code
(d) You must not abandon controlled
substances. You must destroy controlled
substances in such a manner as to
ensure total destruction to preclude any
further use, and ensure such destruction
is in compliance with DEA regulations,
21 CFR 1307.21, or other procedures
approved by DEA, and coordinate with
local air and water pollution control
authorities when required. Destruction
must be witnessed and certified by two
employees of your agency.
The following certification, or an
equivalent certification, must be used to
document the destruction of controlled
substances;
We, the undersigned, have witnessed the
destruction of the (controlled substance(s))
described herein and in the manner and on
the date stated herein:
lllllll
lllllll
Witness
Date
lllllll
lllllll
Witness
Date
§ 102–40.160 How do we handle drugs,
biologicals, and reagents other than
controlled substances?
(a) Drugs, biologicals, and reagents
other than controlled substances may be
transferred to another Federal agency for
official purposes under procedures
specified in part 102–36 and this
subchapter B. For donation of drugs,
biologicals, or reagents other than
controlled substances, follow the
procedures in part 102–37 of this
subchapter B.
(b) Drugs, biologicals, and reagents
other than controlled substances must
be clearly identified when they are unfit
for human use. As a general rule, you
must destroy drugs, biologicals, and
reagents unfit for human use, with
destruction witnessed and certified by
two representatives of your agency, and
coordinated with local air and water
pollution control authorities, when
required. However, you may report such
property to GSA for subsequent transfer
or donation for the purpose of animal
experimental use when the property is
unfit due to expired shelf life. The
following certification, or an equivalent
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certification, must be used to document
the destruction of drugs, biologicals,
and reagents;
We, the undersigned, have witnessed the
destruction of the (drugs, biologicals, and
reagents) described in the foregoing
certification in the manner and on the date
stated herein:
lllllll
lllllll
Witness
Date
lllllll
lllllll
Witness
Date
(c) The sale of any unexpired drugs,
biologicals, or reagents must be in
accordance with rules published by the
Food and Drug Administration
(www.fda.gov). You may sell drugs,
biologicals, and reagents other than
controlled substances only to those
entities legally qualified to engage in the
sale, manufacture, or distribution of
such items and a certification or
evidence of licensing must accompany
the bids. An entity is legally qualified
when a Federal agency (e.g., the
Department of Health and Human
Services, the Drug Enforcement
Administration, or the Department of
Agriculture) or State agency having legal
or regulatory oversight over that
commodity has approved the entity to
engage in the designated activity.
(1) When selling drugs, biologicals,
and reagents other than controlled
substances, the following condition of
sale (or an equivalent condition of sale)
must be used:
The bidder shall complete, sign, and return
with his/her bid the certification as
contained in this invitation. No award will be
made or sale consummated until after this
agency has determined that the bidder is
legally licensed to engage in the manufacture,
sale, or distribution of drugs.
rwilkins on PROD1PC63 with PROPOSALS
(2) The following certification, or an
equivalent certification, must be made a
part of the invitation for bids (and
contract), to be completed and signed by
the bidder, and returned with the bid
with a copy of his/her license. Failure
to sign the certification may result in the
bid being rejected as nonresponsive.
The undersigned bidder certifies that he/
she is legally licensed to engage in the
manufacture, sale, or distribution of drugs,
and proof of his/her license to deal in such
materials is furnished with this bid.
llllllllllllll
Name of bidder (print or type)
llllllllllllll
Signature of bidder
llllllllllllll
Address of bidder (print or type)
llllllllllllll
City, State, Zip code
(d) Drugs, biologicals, and reagents
that are controlled substances are
subject to the same provisions as
controlled substances in lieu of the
provisions in this section.
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§ 102–40.165
products?
How do we handle electronic
(a) In accordance with the procedures
in this section, excess electronic items
for which radiation safety performance
standards are prescribed by FDA under
21 CFR part 1010 must be reported to
GSA for transfer to Federal agencies in
accordance with part 102–36 of this
subchapter B and may be donated or
sold in accordance with parts 102–37
and 102–38 of this subchapter B,
respectively. (See 21 CFR 1000.15 for
items of electronic items that are
required to follow radiation safety
performance standards.) For items not
meeting safety performance standards,
excess reports must include a statement
that the items are not in compliance
with applicable radiation safety
performance standards. Sales
documents must also clearly warn
purchasers that the items may not be in
compliance with FDA radiation safety
performance standards prescribed under
21 CFR part 1010 and that the purchaser
assumes all risks associated with the use
or resale of the items. The following
type of warning may be placed on the
sales documentation:
WARNING
Purchasers are warned that the item
purchased herewith may not be in
compliance with Food and Drug
Administration radiation safety performance
standards prescribed under 21 CFR part
1010, and use may constitute a potential for
personal injury unless modified. The
purchaser agrees that the United States shall
not be liable for personal injuries to,
disabilities of, or death of the purchaser, the
purchaser’s employees, or to any other
persons arising from or incident to the
purchase of this item, its use, or disposition.
The purchaser shall hold the United States
harmless from and shall indemnify the
United States against any or all debts,
liabilities, judgments, costs, demands, suits,
actions, or claims of any nature arising from
or incident to purchase or resale of this item.
The purchaser agrees to notify any
subsequent purchaser of this property of the
potential for personal injury in using this
item without a radiation survey to determine
the acceptability for use and/or modification
to bring it into compliance with the radiation
safety performance standard prescribed for
the item under 21 CFR part 1010.
(b) In accordance with 21 CFR
1002.40 and 1002.41 (Dealer and
Distributor Records), when you sell
electronic products for which there are
performance standards (listed in 21 CFR
part 1010) you must obtain from the
purchaser and forward to the
appropriate manufacturer (unless
authorized by 21 CFR 1002.4 to have the
dealer or distributor hold and preserve)
the following information:
(1) Name and address.
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(2) Product name, to include brand
name, model number, serial or other
identification number.
(3) Date of sale, award, or lease.
(c) You must dispose of electronic
equipment in accordance with all
Federal and State laws, including the
Solid Waste Disposal Act (42 U.S.C.
6901, et seq.) and Executive Order
13101. You should also be aware of the
prohibitions and liabilities contained in
42 U.S.C. 9607.
§ 102–40.170
How do we handle firearms?
(a) You must submit reports and
transfer documents on excess firearms
to GSA (7FP–8), Denver, CO 80225–
0506. GSA will approve transfers of
firearms only to those Federal agencies
authorized to acquire firearms for
official use, and may require additional
written justification from the requesting
agency.
(b) GSA may donate only surplus
hand guns, rifles, shotguns, and
individual light automatic weapons
previously used by the Federal
Government, with less than .50 caliber
in Federal Supply Classification (FSC)
1005, and rifle and shoulder fired
grenade launchers in FSC 1010, with a
disposal condition code of 4 or better
(see condition codes in § 102–36.240 of
this subchapter B). Only eligible law
enforcement entities whose primary
function is the enforcement of
applicable Federal, State, and/or local
laws, and whose compensated law
enforcement officers have powers to
apprehend and arrest, may obtain these
donated firearms for law enforcement
purposes.
(c) For purposes of donation under
subsection (b) above, each Standard
Form (SF) 123 must be accompanied by
a conditional transfer document, signed
by both the intended donee and the
State Agency for Surplus Property
(SASP), that includes the special terms,
conditions, and restrictions prescribed
by GSA, and any other required forms
or information. Restrictions on donated
firearms are perpetual and may not be
amended by the SASP without prior
written approval from GSA. You must
release or ship donated firearms directly
to the designated donee.
(d) When authorized by
circumstances described in paragraphs
(e), (f), (g), or (i) of this section, the
destruction of firearms must be
performed by an activity authorized by
your agency head or designee. The
destruction must be witnessed by two
additional agency employees authorized
by the agency head or designee.
(e) When the approved donee no
longer needs the donated firearms, the
donee must notify the SASP. The SASP
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may, with GSA approval, reassign
firearms to another donee within the
State or to a donee in another state
through the appropriate SASP. In such
a case, transfer of the firearms must be
between eligible donees only. No SASP
is eligible to take custody of the firearm.
Otherwise, the donee and a
representative from the SASP, or
designee, must witness destruction of
the firearms and complete and sign a
certificate of destruction, which will be
maintained by the SASP.
(f) You must not abandon firearms.
You must destroy unneeded firearms by
crushing, cutting, breaking, or
deforming each firearm in a manner to
ensure that each firearm is rendered
completely inoperative. Destruction of
firearms must be performed as stated in
paragraph (d).
(g) You must not dispose of firearms
under an exchange/sale transaction or
by sale. Surplus firearms may be sold
only for scrap after total destruction as
described in (f) above to ensure that the
firearms are rendered completely
inoperative and to preclude their being
made operative. Such sale shall be
conducted under part 102–38 of this
subchapter B.
(h) Firearms received as foreign gifts
may be offered for transfer to Federal
agencies or sold to the gift recipient in
accordance with part 102–42 of this
subchapter B.
(i) Firearms that are forfeited,
voluntarily abandoned, or unclaimed as
described in 40 U.S.C. 1306 and 40 USC
552, must be reported to GSA for
disposal in accordance with § 102–
41.195 of this subchapter B. The GSA
will direct the disposition of these
firearms under this section.
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§ 102–40.175
materials?
How do we handle hazardous
(a) You may use any of the following
methods for the identification of
hazardous materials:
(1) As part of the process under
current acquisition standards,
manufacturers must provide MSDSs to
document potential hazards. MSDSs are
also prescribed by OSHA under 29 CFR
part 1910 and Executive Order 12196
paragraph 1–602(c), Occupational Safety
and Health Programs for Federal
Employees (February 26, 1980).
(2) An automated database
maintained by GSA Federal Supply
Service contains MSDS for all GSAprocured hazardous materials. To
request an MSDS, you may send an
e-mail to MSDS@gsa.gov, or call, Toll
Free: 866–588–7659, DSN: 465–5097, or
Commercial: 816–926–5097.
(3) A collection of MSDS information
in DOD’s Hazardous Materials
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Information System (HMIS) provides
transportation and disposal information.
(4) Appendix A to this part contains
a list of the Federal Supply
Classification (FSC) classes of property
that are composed predominantly of
hazardous items.
(5) When information is not available
under paragraphs (a)(1), (a)(2), (a)(3), or
(a)(4) of this section, contact the
manufacturer, the procuring agency, or
your technical staff for assistance in
obtaining the MSDS information.
(b) You must verify items with an
expired shelf life or reclassify them as
hazardous wastes when required by
Federal, State, or local environmental
laws or regulations.
(c) For transportation of hazardous
materials, see 49 CFR parts 171 through
180.
(d) For disposal of hazardous
materials, see §§ 102–40.50 through
102–40.120.
(e) Unless authorized by GSA,
extremely hazardous property may not
be sold unless it is rendered innocuous,
mutilated, or otherwise made safe. You
should, however, render such property
innocuous in a manner so as to preserve
the maximum utility or commercial
value of the property when possible.
§ 102–40.180 How do we handle leadcontaining paints and items bearing leadcontaining paint?
(a) You may transfer, donate, or sell
such items in compliance with
requirements found in the Consumer
Product Safety Commission regulations
set forth in 16 CFR part 1303. You must
not abandon banned items or their
containers. You must destroy them. Any
removal (stripping) of lead paint
incident to disposal must be
accomplished in conformance with
Federal regulations and industry
guidelines such as those promulgated by
the EPA (https://www.epa.gov) or OSHA
(https://www.osha.gov).
(b) If disposal of the items described
in paragraph (a) is allowable, the
following must be placed on the items:
(1) The following warning:
WARNING
Contains Lead. Dried Film of This Paint
May be Harmful If Eaten or Chewed.
(2) The following additional statement
or its practical equivalent on their
labels:
Do not apply on toys and other children’s
articles, furniture, or interior surfaces of any
dwelling or facility which may be occupied
or used by children. Do not apply on exterior
surfaces of dwelling units, such as window
sills, porches, stairs, or railings, to which
children may be commonly exposed.
Keep Out of Reach of Children
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25731
(c) Donation documentation
(including the Standard Form 123) must
contain the following certification, or an
equivalent certification:
The property requested herein shall be
used only as specified in 16 CFR 1303.3 and
in no case shall be in contact with children.
I, the undersigned, agree the United States
shall not be liable for personal injuries to,
disabilities of, or death of the donee’s
employees, or any other person arising from
or incident to the donation of this property,
its use, or its final disposition; and to hold
the United States harmless from and shall
indemnify the United States against any or
all debts, liabilities, judgments, costs,
demands, suits, actions or claims of any
nature arising from or incident to the
donation of this property, its use, or its final
disposition.
llllllllllllll
Name of donee (print or type)
llllllllllllll
Signature of donee
(d) When selling lead-containing
paint or items bearing lead-containing
paint, the sales terms and sales
documentation must include this
certification, or an equivalent
certification. Failure to sign the
certification where it appears as a sales
term may result in the bid being rejected
as nonresponsive:
I, the undersigned,certify that I have read
and fully comprehend the aforementioned
terms and conditions of this sale. I shall
comply with the applicable Consumer
Product Safety Commission regulations set
forth in 16 CFR part 1303 if I am the
successful bidder. I further agree the United
States shall not be liable for personal injuries
to, disabilities of, or death of any persons
arising from or incident to the sale of this
property, its uses, or its final disposition; and
to hold the United States harmless from and
shall indemnify the United States against any
or all debts, liabilities, judgments, costs,
demands, suits, actions, or claims of any
nature arising from or incident to the sale of
this property, its use, or its final disposition.
llllllllllllll
Name of bidder (print or type)
llllllllllllll
Signature of bidder
§ 102–40.185
devices?
How do we handle medical
(a) Medical devices are subject to the
laws and regulations administered by
FDA. Provisions of the governing
statute, the Federal Food, Drug and
Cosmetic Act, appear in 21 U.S.C. 301–
399. In summary, the Act prohibits the
movement in interstate commerce of
medical devices that are adulterated or
misbranded (21 U.S.C. 351–352). The
Act authorizes FDA to initiate criminal
enforcement proceedings against
companies and/or individuals
responsible for violations of its
provisions, and to initiate civil
proceedings to seize or enjoin the
distribution of such items.
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(b) Prescription devices are subject to
additional Federal, State, local, and
other applicable laws. Federal law
requires that prescription devices be in
the possession of either: persons
lawfully engaged in the manufacture,
transportation, storage, or wholesale or
retail distribution of such device; or,
practitioners licensed by their States.
Federal law also requires that
prescription devices be sold only to, or
on the prescription or order of, a
licensed practitioner for use in the
course of his or her professional
practice, and that the devices are
labeled in a specific manner.
(c) Non-Federal recipients must
certify in writing that such property will
be used, resold or transported in
conformance with FDA regulations. Any
proposed destruction of medical
equipment must be coordinated with
local health and sanitation officials.
(b) When disposing of CCLIs, you
must notify the recipient that the item,
may be subject to Department of
Commerce export licensing
requirements when transported out of
the U.S., for reasons of national security,
crime control, technology transfer and
scarcity of materials. Furthermore:
(1) The recipient must be notified that
this notification must pass to all
subsequent recipients of the item.
(2) When being sold, completed enduse certificates are required of all
offerors or bidders. An end-use
certificate is a statement signed by a
prospective recipient indicating the
intended designation and disposition of
CCLIs to be acquired, and
acknowledging U.S. export licensing
requirements.
(3) All disposal activity must conform
to the requirements of 15 CFR parts 730
through 774.
§ 102–40.190 How do we handle Munitions
List Items (MLIs)?
§ 102–40.200 How do we handle national
stockpile material?
(a) Munitions List Items (MLIs) are
listed in 22 CFR part 121. A system of
demilitarization codes identifies the
extent of alteration or destruction
necessary when transferring or selling
MLIs. The appropriate code is normally
assigned to items when they enter the
DOD supply system. These items may
require demilitarization when issued to
any non-DOD entity, and will require
Department of State approval and
appropriate licensing when exported
from the U.S. Refer to DOD 4160.21–M–
1 (Change No. 1) for a complete
description of the program and the
requirements to be followed. The
manual is available from the Defense
Logistics Agency, 8725 John J. Kingman
Road, Fort Belvoir, VA 22060; or
electronically at https://www.dla.mil/
dlaps/dod/416021m/guide.asp.
(b) When disposing of MLIs, you must
perpetuate these demilitarization codes;
alert those to whom you are transferring
or selling property that the item may
require demilitarization; and perform
any required demilitarization, or
provide any documentation or
certifications in accordance with the
DOD demilitarization manual, DOD
4160.21–M–1 (Change No. 1).
In accordance with 40 U.S.C.
113(e)(6), materials acquired for the
national stockpile, the supplemental
stockpile, or materials or equipment
acquired under section 303 of the
Defense Production Act of 1950, as
amended (50 U.S.C. App. 2093), are not
covered by the Federal Management
Regulation. The policy covering the
disposal of these assets is found at 50
U.S.C. 98d and 98e.
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§ 102–40.195 How do we handle
Commerce Control List Items (CCLIs)?
(a) Commerce Control List Items
(CCLIs) are subject to the controls of 15
CFR parts 738 and 774. Export licenses
are required for transfer of items to the
countries listed in 15 CFR part 738,
Supp. No. 1. CCLIs may also be
identified by the demilitarization code
assigned to the item in the DOD supply
system.
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§ 102–40.205 How do we handle Nuclear
Regulatory Commission-controlled
materials?
The Nuclear Regulatory Commission
(NRC) has exclusive control over
licensing, use, transfer, and disposition
of NRC-controlled materials (see
Chapter 1 of 10 CFR). Direct all
inquiries to the U.S. Nuclear Regulatory
Commission, Washington, DC 20555.
§ 102–40.210 How do we handle ozone
depleting substances?
The Clean Air Act, as amended (42
U.S.C. Subchapter VI) requires certain
substances which have destructive
effects on the ozone layer not be vented
to the environment and be phased out
from production and use over an
extended period of time. An overview of
laws and regulations covering the use
and disposal of ozone depleting
substances can be found at the EPA
website: www.epa.gov/ozone.
donated, or sold in accordance with
parts 102–36, 102–37, or 102–38 of this
subchapter B. For additional guidance
on PCB classifications and other Federal
restrictions, contact: Director, National
Program Chemicals Division (NPCD),
(7404), Office of Pollution Prevention
and Toxics, 1200 Pennsylvania Avenue,
NW., Washington, DC or visit the EPA’s
website at: https://www.epa.gov/
epahome/lawregs.htm. You should also
contact State regulatory agencies since
some States regulate at a stricter level
than the Federal Government.
(b) Property defined by the EPA in 40
CFR 761.3 as either a PCB item or PCB
must be labeled or marked with a
warning statement that the item
contains PCB and must be handled and
disposed of in accordance with EPA
regulations (40 CFR part 761),
Department of Transportation (DOT)
regulations (49 CFR parts 171 through
180), and applicable State laws.
(1) PCB items and PCBs may be
transferred or donated, provided:
(i) The items are intact, non-leaking,
and totally enclosed.
(ii) The recipient provides to you the
specific authorization covering the use
of this item from 40 CFR part 761
(iii) The recipient certifies to you that
the item will be handled and disposed
of in accordance with EPA regulation 40
CFR part 761, DOT regulation 49 CFR
parts 171 through 180, and applicable
Federal and State laws.
(2) PCB and PCB items not transferred
or donated must be disposed of under
EPA regulations. You must not sell any
PCB or PCB item unless 40 CFR part 761
authorizes the sale and continued use of
the specific item.
(c) You must not transfer, donate, or
sell items with an unknown level of
concentrations of PCBs.
(d) Property containing PCBs and PCB
items should be labeled with a warning
such as the following:
Caution— This item contains PCBs (polychlorinated biphenyls), a toxic
environmental contaminant requiring special
handling and disposal in accordance with the
U.S. Environmental Protection Agency
regulation (40 CFR part 761), applicable State
laws, and 41 CFR 102–40.215. For proper
disposal information, contact the nearest EPA
office. For transportation requirements, see
49 CFR parts 171 through 180.
§ 102–40.215 How do we handle
polychlorinated biphenyls (PCBs)?
(e) The State Agencies for Surplus
Property must have the following
certification, or an equivalent
certification, on all transfer paperwork
where PCBs are involved.
(a) In accordance with EPA
regulations (40 CFR 761.1 and
761.3),property defined by EPA as
excluded polychlorinated biphenyl
(PCB) products may be transferred,
WARNING AND CERTIFICATION
The undersigned donee is aware that the
item(s) listed as containing polycholorinated
biphenyls (PCBs), a toxic environmental
contaminant, require(s) special handling and
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Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Proposed Rules
disposal in accordance with U.S.
Environmental Protection Agency regulation
(40 CFR part 761) and U.S. Department of
Transportation regulations codified in 49
CFR parts 171 through 180. The donee
certifies that this item (or these items) will
be handled and disposed of in accordance
with applicable Federal statutes and
regulations and applicable State laws.
llllllllllllll
Name of donee (print or type)
llllllllllllll
Signature of donee
§ 102–40.220
metals?
How do we handle precious
(a) You must identify activities in
your organization that generate precious
metals; recover precious metals created
from work processes, such as
photographic film developing, and
identify equipment or materials
containing recoverable precious metals;
and adequately control precious metals
in your custody. You may contact the
Defense Logistics Service Center if you
wish to participate in the DOD precious
metals recovery program. You may
acquire recovered fine precious metals
as Government Furnished Material or
for other authorized uses by submitting
a request to the Commander, Defense
Industrial Supply Center (DISC),
Attention: DISC-OIBA/YC, 700 Robbins
Avenue, Philadelphia, Pennsylvania
19111–5096.
(b) Gold will be sold in accordance
with this subpart and part 102–38 of the
Federal Management Regulation.
Federal
Supply
Class/Group
1370
1375
2520
2530
...........
...........
...........
...........
(c) Sales of gold will be processed as
follows:
(1) Use the sealed bid method of sale;
(2) Require a 20 percent bid deposit;
(3) Certify all forms of bid deposit and
payments; and
(4) Include in the invitation for bids
only gold and such other precious and
semiprecious materials as may be
available for sale at that time.
§ 102–40.225 How do we handle vehicles
not suitable for highway use?
Some Government-owned vehicles
might receive such extensive damage as
a result of an accident, event, or other
activity that makes them no longer
suitable for donation or sale for highway
use. Such vehicles may only be donated
or sold for salvage or scrap. Prior to
disposal of damaged vehicles, you must
evaluate known damage to determine
their suitability for continued highway
use. When a determination is made that
a vehicle is unfit for continued highway
use, you must include such information
in the property record and subsequent
reports. When selling such vehicles,
provide an appropriate warning
statement in the solicitation regarding
vehicle condition that the vehicle
cannot be titled for highway use. Use
Standard Form 97A, Certificate to
Obtain a Non-Repairable or Salvage
Certificate when donating or selling
vehicles not suitable for highway use.
See FMR 102–34.315 if the vehicle is
Title
...........
...........
...........
...........
5610 ...........
Mineral construction materials, bulk ......................................
5660 ...........
Wallboard, building paper, and thermal insulation materials
5820 ...........
5835 ...........
5910 ...........
Radio and television communication equipment, except airborne.
Sound recording and reproducing equipment .......................
Capacitors ..............................................................................
5915 ...........
Filters and networks ..............................................................
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3610
3655
3680
4240
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not designed or not legal for operation
on highways.
Appendix A—Federal Supply
Classification (FSC) Composed
Predominantly of Hazardous Items
FSC
Nomenclature
6810
6820
6830
6840
6850
7930
Chemicals
Dyes
Gases: Compressed & liquefied
Pest control agents & disinfectants
Misc. chemical specialties
Cleaning & polishing compounds &
preparations
Paints, dopes, varnishes, & related
products
Preservative & sealing compounds
Adhesives
Fuels, solid
Liquid propellants & fuels, petroleum case
Liquid propellant fuels & oxidizers,
chemical base
Fuel oils
Oils & greases: cutting, lubricating,
& hydraulic
Misc. waxes, oils, & fats
8010
8030
8040
9110
9130
9135
9140
9150
9160
Appendix B—Federal Supply Classes
and Groups Which Contain a
Significant Number of Hazardous Items
Note: If an item is determined to be
hazardous material as defined in § 102–40.30,
a Material Safety Data Sheet (or equivalent)
should accompany the item even though the
Federal Supply Class or Group is not listed
in this table.
Examples of Hazardous materials requiring identification
Pyrotechnics ..........................................................................
Demolition materials ..............................................................
Vehicular power transmission components ...........................
Vehicular brake, steering, axle, wheel, and track components.
Vehicular furniture and accessories ......................................
Tire rebuilding and tire and tube repair materials .................
Engines, turbines, and components ......................................
Engine accessories ...............................................................
Mechanical power transmission equipment ..........................
Metalworking machinery ........................................................
Gas welding, heat cutting, and metalizing equipment ..........
Miscellaneous welding, soldering and brazing supplies and
accessories.
Printing, duplication, and bookbinding equipment ................
Gas generating and dispensing systems, fixed or mobile ....
Foundry machinery, related equipment and supplies ...........
Safety and rescue equipment ...............................................
2540 ...........
2640 ...........
Group 28 ....
Group 29 ....
Group 30 ....
Group 34 ....
3433 ...........
3439 ...........
25733
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Warning fuse, fire starter
Explosive device
Items containing asbestos transmission components
Items containing asbestos
Items containing asbestos
Items containing flammable or toxic compounds
Engine valves containing metallic sodium
Engine valves containing metallic sodium
Equipment containing hazardous hydraulic fluid including PCBs
Equipment containing hazardous hydraulic fluids including PCBs
Compressed gases
Hazardous items such as cleaners, acids, flux and supplies that
contain or produce hazardous fumes
Flammable or toxic lithographic solutions
Items that produce hazardous fumes
Flammable or toxic casting compounds
Items which involve oxygen, or compressed gases, or contain
emitting charges
Hazardous items such as cutback asphalt, deck and floor covering, deck and surface underlay compound, sealing compound, flight deck compound
Asbestos cloth which has loose fibers or particles that may become airborne and materials containing formaldehyde
Circuit cooler items that contain gases that are regarded as hazardous to the earth’s ozone layer
Recording tape cleaners that contain hazardous cleaning fluids
Items that contain polychlorinated biphenyls (PCBS) or sulfuric
acid
Items that contain polychlorinated biphenyls (PCBs)
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Federal
Supply
Class/Group
Title
Examples of Hazardous materials requiring identification
...........
...........
...........
...........
...........
...........
Fuses and lighting arresters ..................................................
Circuit breakers .....................................................................
Switches ................................................................................
Connectors, electrical ............................................................
Coils and transformers ..........................................................
Electron tubes and associated hardware ..............................
5965 ...........
5970 ...........
5975 ...........
5985 ...........
5999 ...........
Group 61 ....
6120 ...........
6135 ...........
Headsets, handsets, microphones, and speakers ................
Electrical insulators and insulating materials ........................
Electrical hardware and supplies ..........................................
Antennas, waveguides, and related equipment ....................
Miscellaneous electrical and oxide electronic components ..
Electric wire and power and distribution equipment .............
Transformers: Distribution and power station .......................
Batteries, primary ..................................................................
6140 ...........
Batteries, secondary ..............................................................
6145
6220
6230
6240
6260
6350
6505
6508
...........
...........
...........
...........
...........
...........
...........
...........
Wire and cable, electrical ......................................................
Electric vehicular lights and fixtures ......................................
Electric portable and hand lighting equipment ......................
Electric lamps ........................................................................
Nonelectrical lighting fixtures .................................................
Miscellaneous signal and security detection systems ..........
Drugs, biologicals and official reagents ................................
Medicated cosmetics and toiletries .......................................
6510
6520
6525
6625
...........
...........
...........
...........
6740 ...........
6750 ...........
Surgical dressing materials ...................................................
Dental instruments, equipment, and supplies .......................
X-ray equipment and supplies: medical, dental, veterinary ..
Electrical and electronic properties measuring and testing
instruments.
Laboratory equipment and supplies ......................................
Pressure, temperature, and humidity and measuring and
controlling instruments.
Photographic ..........................................................................
Photographic supplies ...........................................................
Items containing radioactive material
Items containing radioactive material
Items containing radioactive material
Kits that contain flammable chemicals
Items containing polychlorinated biphenyls (PCBs)
Tubes which contain radioactive isotopes and require warning labels and magnetron tubes which require special precautions
when being prepared for air shipment
Items containing magnetic material
Items containing flammable solvents
Items containing asbestos
Kits that contain flammable chemicals
Contact plates that contain beryllium
Power factor capacitors containing PCBs
Transformers containing PCBs
Lead-acid, lithium and mercury batteries and alkaline (with electrolyte)
Items that are wet or moist containing corrosive or other hazardous compounds
Insulated wire containing asbestos
Items that contain mercury
Items that contain wet batteries
Items that contain mercury
Items that contain mercury
Items that contain wet batteries or radioactive material
Hazardous items as defined in Sec. 102–40.30
Hazardous items as defined in Sec. 102–40.30, subject to DOT
Hazardous Materials Regulations
Items containing flammable solvents
Items containing flammable solvents, mercury, or asbestos
Items containing hazardous chemicals, solvents
Items containing radioactive materials
6780 ...........
Photographic sets, kits and outfits ........................................
7360 ...........
7510 ...........
Sets, kits, and outfits; food preparation and serving ............
Office supplies .......................................................................
8405
8410
8415
8465
8510
...........
...........
...........
...........
...........
Outerwear, men’s ..................................................................
Outerwear, women’s ..............................................................
Clothing, special purpose ......................................................
Individual equipment ..............................................................
Perfumes, toilet preparations, and powders .........................
8520 ...........
Toilet soap, shaving preparations, and dentifrices ...............
8720 ...........
Fertilizers ...............................................................................
9390 ...........
9920 ...........
9930 ...........
Miscellaneous fabricated nonmetallic materials ....................
Smokers’ articles and matches .............................................
Memorials; cemeteries and mortuary equipment and supplies.
5920
5925
5930
5935
5950
5960
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6640 ...........
6685 ...........
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Items containing flammable compounds, mercury, or asbestos
Items containing mercury or compressed gases
Items containing radioactive compounds
Items containing hazardous chemicals, solvents, thinners, and
cements
Items containing hazardous chemicals, solvents, thinners, and
cements
Items containing compressed gasses such as fire extinguishers
Hazardous items, such as thinners, cleaning fluids, flammable
inks, and varnishes
Maintenance kits containing flammable solvents
Maintenance kits containing flammable solvents
Maintenance kits containing flammable solvents
Maintenance kits containing flammable solvents
Shipping containers, and pressurized containers with flammable
or nonflammable propellants
Shipping containers, and pressurized containers with flammable
or nonflammable propellants
Items containing weed and pest control or other harmful ingredients or because of their composition, are hazardous
Items containing flammable solvents or asbestos
Lighter fuel and matches only
Items containing formaldehyde or its solutions
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[FR Doc. E7–8670 Filed 5–4–07; 8:45 am]
BILLING CODE 6820–14–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[I.D. 042307E]
Mid-Atlantic Fishery Management
Council; Public Hearings; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public hearings;
correction.
AGENCY:
rwilkins on PROD1PC63 with PROPOSALS
SUMMARY: The Mid-Atlantic Fishery
Management Council will hold hearings
to allow for public input on
VerDate Aug<31>2005
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Jkt 211001
Amendment 9 to the Fishery
Management Plan for the Atlantic
Mackerel, Squid, and Butterfish Fishery
(FMP).
DATES: Written comments will be
accepted until May 27, 2007. All
meetings begin at 7 p.m.
ADDRESSES: Comments may be
submitted through any of the following
methods:
• Mail: Daniel T. Furlong, Executive
Director, Mid-Atlantic Fishery
Management Council, Room 2115
Federal Building, 300 South New Street,
Dover, Delaware 19904.
• FAX: 302–674–5399.
• E-mail: info@mafmc.org. Please
indicate the subject as SMB 9
Comments.
• Federal e-Rulemaking Portal: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Daniel T. Furlong, Executive Director,
Mid-Atlantic Fishery Management
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25735
Council, Room 2115 Federal Building,
300 South New Street, Dover, Delaware
19904, 302–674–2331, ext. 19.
SUPPLEMENTARY INFORMATION:
Need for Correction
On April 30, 2007, a document
announcing public hearings on
Amendment 9 to the Fishery
Management Plan for Atlantic Mackerel,
Squid, and Butterfish Fishery (FMP)
was published (FR Doc. E7–8197). That
document incorrectly listed the meeting
times for the hearings. This document
corrects the meeting times see DATES
section. All other information remains
unchanged and will not be repeated in
this correction.
Dated: May 1, 2007.
Tracey Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E7–8575 Filed 5–4–07; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\07MYP1.SGM
07MYP1
]]>Agencies
[Federal Register Volume 72, Number 87 (Monday, May 7, 2007)]
[Proposed Rules]
[Pages 25723-25735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8670]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-42, 101-45, and 102-40
[FPMR Case 2003-101-1; Docket 2007-001; Sequence 2]
[FMR Case 2003-102-4]
RIN 3090-AH21
Federal Management Regulation; FPMR Case 2003-101-1; FMR Case
2003-102-4, Disposition of Personal Property with Special Handling
Requirements
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Proposed rule.
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SUMMARY: The General Services Administration is proposing to amend the
Federal Property Management Regulations (FPMR) by revising coverage on
the hazardous and certain categories of personal property and moving it
into the Federal Management Regulation (FMR) addressing all types of
property requiring special handling. A cross-reference is added to the
FPMR to direct readers to the coverage in the FMR. The FMR coverage is
written in plain language to provide agencies with updated regulatory
material that is easy to read and understand.
DATES: Interested parties should submit comments in writing on or
before June 6, 2007 to be considered in the formulation of a final
rule.
ADDRESSES: Submit comments identified by FPMR case 2003-101-1 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, FPMR case 2003-101-1) and click on the ``Submit'' button.
Please include any personal and/or business information inside the
document. 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 FPMR case 2003-
101-1 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 Robert Holcombe, Director, Asset Management (MTA), at
(202) 501-3828. Please cite FPMR Case 2003-101-1.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule updates, streamlines, and clarifies FPMR part
101-42 and moves the part into the FMR as part 102-40. This proposed
rule also removes Sec. Sec. 101-45.001, 101-45.002, and 101-45.004.
The subject matter of these sections is addressed in section 102-40.190
(disposal of items requiring demilitarization); section 102-40.50
(handling of property reported to GSA so as to preserve civilian
utility as far as possible); section 102-40.220 (disposal of gold as a
precious metal); and section 102-40.135 (disposal of ATVs).
In addition, this proposed rule removes section 101-45.003
regarding vehicle reconditioning. That section provides guidance that
the Federal fleet community considers standard business practices, and
is more prescriptive of specific tasks than is intended by this
Governmentwide policy regulation.
The proposed rule is written in a plain language question and
answer format. This style uses an active voice, shorter sentences, and
pronouns. A question and its answer combine to establish a rule. The
employee and the agency must follow the language contained in both the
question and its answer.
Proposed FMR part 102-40 includes the following specific changes
from FPMR part 101-42:
1. Proposed section 102-40.30 includes the following terms and
definitions not found in section 101-42.001:
Ammunition
Commerce Control List Item (CCLI)
Demilitarization
Material Safety Data Sheet (MSDS)
Medical devices
Precious metal
2. Proposed section 102-40.95 revises FPMR section 101-42.401,
Sales responsibilities for hazardous material, by allowing agencies to
sell property with special handling requirements.
3. Proposed section 102-40.150 has special requirements for
handling asbestos products.
4. Proposed section 102-40.140 introduces the topic of disposal of
ammunition which does not appear in part 101-42. The disposition of
ammunition and ammunition components are combined in this part 102-40.
A new policy contained in part 102-40 allows the sale of ammunition and
ammunition components to activities licensed to perform manufacturing/
demanufacturing/remanufacturing, or licensed to recover basic material
content of the ammunition or ammunition components. Expended ammunition
cartridge cases may be transferred or donated when the recipient
certifies that the cartridge case will be reloaded and used only for
law enforcement purposes.
5. Proposed section 102-40.195 has special requirements for
handling Commerce Control List items.
6. Proposed part 102-40 incorporates topics that appeared in 41 CFR
part 101-45; specifically, the provisions appearing at section 101-
45.001, ``Demilitarization and decontamination''; section 101-45.002,
``Gold''; and section 101-45.004, ``All terrain vehicles.'' The subject
matter of these sections is addressed in section 102-40.190 (disposal
of items requiring demilitarization); section 102-40.50
[[Page 25724]]
(handling of property reported to GSA so as to preserve civilian
utility as far as possible); section 102-40.220 (disposal of gold as a
precious metal); and section 102-40.135 (disposal of ATVs).
This proposed rule removes section 101-45.003 regarding vehicle
reconditioning. That section provides guidance that the Federal fleet
community considers standard business practices, and is more
prescriptive of specific tasks than is intended by this Governmentwide
policy regulation.
7. Proposed part 102-40 is less prescriptive. It is GSA's intention
to use these FMR regulations to describe ``what'' is to be
accomplished, not ``how'' to perform a specific task.
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.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this 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 Parts 101-42, 101-45, and 102-40
Government property management.
Dated: December 11, 2006.
Kevin Messner,
Acting Associate Administrator.
For the reasons set forth in the preamble, GSA proposes to amend 41
CFR chapters 101 and 102 as follows:
CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS
1. Part 101-42 is revised to read as follows:
PART 101-42--DISPOSITION OF PERSONAL PROPERTY WITH SPECIAL HANDLING
REQUIREMENTS
Authority: 40 U.S.C. 121(c).
Sec. 101-42.000 Cross-reference to the Federal Management Regulation
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).
For information on the disposition of personal property with
special handling requirements previously contained in this part, see
FMR part 40 (41 CFR part 102-40), Disposition of Personal Property with
Special Handling Requirements.
PART 101-45--SALE, ABANDONMENT, OR DESTRUCTION OF PERSONAL PROPERTY
2. The authority citation for part 101-45 continues to read as
follows:
Authority: 40 U.S.C. 545 and 121(c).
Sec. 101-45.001 [Removed]
3. Section 101-45.001 is removed.
Sec. 101-45.002 [Removed]
4. Section 101-45.002 is removed.
Sec. 101-45.003 [Removed]
5. Section 101-45.003 is removed.
Sec. 101-45.004 [Removed]
6. Section 101-45.004 is removed.
CHAPTER 102--Federal Management Regulation
7. Part 102-40 is added to subchapter B of chapter 102 to read as
follows:
PART 102-40--DISPOSITION OF PERSONAL PROPERTY WITH SPECIAL HANDLING
REQUIREMENTS
Subpart A--General Provisions
Sec.
102-40.5 What does this part cover?
102-40.10 What is the governing authority for this part?
102-40.15 Who must comply with the provisions in this part?
102-40.20 To whom do ``we'', ``you'', and their variants refer?
102-40.25 How do we request a deviation from these requirements and
who can approve it?
Definitions
102-40.30 What definitions apply to this part?
Subpart B--Responsibilities
102-40.35 What types of personal property require special handling?
102-40.40 What are our responsibilities concerning personal property
requiring special handling?
102-40.45 What must we do when we have identified personal property
with special handling requirements?
102-40.50 What must we do when we no longer need personal property
with special handling requirements?
102-40.55 Do we report all excess personal property with special
handling requirements to GSA?
102-40.60 Who is responsible for the custody of hazardous materials
and property requiring special handling?
102-40.65 Who is responsible for the care and handling of hazardous
materials and property requiring special handling?
Subpart C--Transfer and Donation of Personal Property With Special
Handling Requirements
102-40.70 What must we do when reporting excess personal property
with special handling requirements?
102-40.75 Is personal property requiring special handling available
for transfer or donation?
102-40.80 Is donee certification required on the donation of
personal property requiring special handling?
102-40.85 Must we follow additional requirements for the inspection
of personal property with special handling requirements?
102-40.90 Who pays for the costs incident to the transfer or
donation of personal property with special handling requirements?
Subpart D--Sale of Personal Property With Special Handling Requirements
102-40.95 May we sell personal property with special handling
requirements?
102-40.100 May we use any sales method to sell personal property
that require special handling?
102-40.105 What must we include in the sales terms and conditions
when selling personal property with special handling requirements?
102-40.110 Are certifications required from the purchaser when
selling personal property with special handling requirements?
102-40.115 What precautions must we take during the sales process
for personal property requiring special handling?
102-40.120 May we dispose of personal property requiring special
handling by abandonment or destruction?
Subpart E--Personal Property with Special Handling Requirements
102-40.125 What categories of personal property require special
handling?
102-40.130 How do we manage acid-contaminated and explosive-
contaminated property?
102-40.135 How do we handle all-terrain vehicles (ATVs)?
102-40.140 How do we handle ammunition?
102-40.145 How do we handle animals and plants?
102-40.150 How do we handle asbestos?
102-40.155 How do we handle controlled substances?
102-40.160 How do we handle drugs, biologicals, and reagents other
than controlled substances?
102-40.165 How do we handle electronic products?
102-40.170 How do we handle firearms?
102-40.175 How do we handle hazardous materials?
102-40.180 How do we handle lead-containing paints and items bearing
lead-containing paint?
[[Page 25725]]
102-40.185 How do we handle medical devices?
102-40.190 How do we handle Munitions List Items (MLIs)?
102-40.195 How do we handle Commerce Control List Items (CCLIs)?
102-40.200 How do we handle national stockpile material?
102-40.205 How do we handle Nuclear Regulatory Commission-controlled
materials?
102-40.210 How do we handle ozone depleting substances?
102-40.215 How do we handle polychlorinated biphenyls (PCBs)?
102-40.220 How do we handle precious metals?
102-40.225 How do we handle vehicles not suitable for highway use?
Appendix A Federal Supply Classes (FSC) Composed Predominantly of
Hazardous Items
Appendix B Federal Supply Classes and Groups Which Contain A
Significant Number of Hazardous Items
Authority: 40 U.S.C. 121(c).
Subpart A--General Provisions
Sec. 102-40.5 What does this part cover?
This part provides guidance on the transfer, donation, sale and
other disposal of Government personal property with special handling
requirements located in the United States, the District of Columbia,
the U.S. Virgin Islands, American Samoa, Guam, Puerto Rico, the
Northern Mariana Islands, Federated States of Micronesia, the Marshall
Islands, and Palau. For guidance on disposing of personal property
located outside these areas, see Sec. Sec. 102-36.380 through 102-
36.400 of this subchapter B.
Sec. 102-40.10 What is the governing authority for this part?
Section 121(c) of title 40 of the United States Code, Subtitle I--
Federal Property and Administrative Services, authorizes the
Administrator of General Services to prescribe regulations necessary to
perform functions under this part.
Sec. 102-40.15 Who must comply with the provisions in this part?
All executive agencies must comply with the provisions of this part
unless authorized by separate statutory authority to do otherwise.
Legislative and judicial agencies are encouraged to follow these
provisions.
Sec. 102-40.20 To whom do ``we'', ``you'', and their variants refer?
The pronouns ``we'', ``you'', and their variants throughout this
part refer to the agency.
Sec. 102-40.25 How do we request a deviation from these requirements
and who can approve it?
See Sec. Sec. 102-2.60 through 102-2.110 of subchapter A to
request a deviation from the requirements of this part.
Definitions
Sec. 102-40.30 What definitions apply to this part?
The following definitions apply to this part:
Acid-contaminated property means property that may cause burns or
toxicosis when improperly handled due to acid residues adhering to or
trapped within the material.
Ammunition means any device charged with explosives, propellants,
pyrotechnics, or nuclear, biological, or chemical material, for use in
connection with defense, offense, or demolitions.
Ammunition components means the parts used in ammunition, to
include cartridge cases, primers, bullets/projectiles, and propellant
powder.
Biologicals means hazardous materials associated with the products
and operations of applied biology and biochemistry, especially serums,
vaccines, etc., produced from microorganisms.
Commerce Control List Item (CCLI) means property identified on the
Commerce Control List (15 CFR part 774) subject to export controls
under the Export Administration Act of 1979, as amended (50 U.S.C. app.
2401-2420) and implemented by the Export Administration Regulations (15
CFR part 730). Items may be placed on the list for reasons of
technology transfer, scarcity of materials, crime control, and national
security.
Controlled substances means--
(1) Any narcotic, depressant, stimulant, or hallucinogenic drug, or
any other drug or substance included in Schedules I, II, III, IV, or V
of section 202 of the Controlled Substances Act (21 U.S.C. 812), except
exempt chemical preparations and mixtures and excluded substances
listed in 21 CFR part 1308;
(2) Any other drug or substance that the Attorney General
determines to be subject to control under Subchapter I of the
Controlled Substances Act (21 U.S.C. 801 to 904); or
(3) Any other drug or substance that by international treaty,
convention, or protocol is to be controlled by the United States.
Demilitarization means, as defined by the Department of Defense
(DOD) in the Defense Material Disposition Manual, DOD 4160.21-M
(www.dla.mil/dlaps/dod/416021m/guide.asp), the act of destroying the
military offensive or defensive advantages inherent in certain types of
equipment or material. The term includes mutilation, dumping at sea,
scrapping, melting, burning, or alteration designed to prevent the
further use of this equipment and material for its originally intended
military or lethal purpose and applies equally to material in
unserviceable or serviceable condition that has been screened through
an Inventory Control Point and declared excess or foreign excess.
Explosive-contaminated property means property that may ignite or
explode when exposed to shock, flame, sparks, or other high temperature
sources due to residual explosive material in joints, angles, cracks,
or around bolts.
Extremely hazardous property means property hazardous to the extent
that it generally requires special handling such as licensing and
training of handlers, protective clothing, and special containers and
storage. Because of its extreme flammability, toxicity, corrosivity or
other perilous qualities, it could constitute an immediate danger or
threat to public health or safety or the environment if released to the
general public.
Firearm means any weapon, silencer, or destructive device designed
to, or readily convertible to, expel a projectile by the action of an
explosive, as defined in Title 26 of the Internal Revenue Code (26
U.S.C. 5845). Excludes antique firearms as defined in 26 U.S.C.
5845(g).
Hazardous material means property that is deemed a hazardous
material, chemical substance or mixture, or hazardous waste under the
Hazardous Materials Transportation Act (HMTA), the Resource
Conservation and Recovery Act (RCRA), or the Toxic Substances Control
Act (TSCA). Generally, hazardous materials have one or more of the
following characteristics:
(1) Has a flash point below 200[deg]F (93.3[deg]C), closed cup, or
is subject to spontaneous heating.
(2) Is subject to polymerization with the release of large amounts
of energy when handled, stored, or shipped without adequate controls.
(3) In the course of normal operations, may produce fibers, dusts,
gases, fumes, vapors, mists, or smokes which have one or more of the
following characteristics:
(i) Causes 50 percent fatalities to test animals below 500 mg/kg of
test animal weight when a single oral Lethal Dose, 50% (LD50) or semi-
lethal dose is used.
(ii) Is a flammable solid or a strong oxidizing or reducing agent.
(iii) Causes first degree burns to skin in a short time exposure,
or is systematically toxic by skin contact.
[[Page 25726]]
(iv) Has a permissible exposure limit (PEL) below 1000 parts per
million for gases and vapors, below 500 mg/mm3 for fumes, or below 2
fibers/CM3 for dust.
(v) Causes occupational chemical dermatitis, which is any
abnormality of the skin induced or aggravated by the work environment
which includes but is not limited to primary irritant categories,
allergic sensitizers, and photo sensitizers.
(4) Is radioactive to the extent it requires special handling.
(5) Is a recognized carcinogen according to Occupational Safety and
Health Administration (OSHA) regulations at 29 CFR part 1910.
(6) Possesses special characteristics which, in the opinion of the
holding agency, could be hazardous to health, safety, or the
environment if improperly handled, stored, transported, disposed of, or
otherwise improperly used.
Hazardous waste means those materials the handling and disposal of
which are governed by 40 CFR parts 260 through 265 and 268. Hazardous
materials generally become hazardous wastes when they are no longer
suitable for their intended or valid alternate purpose, or for resource
recovery. Some solid (non-hazardous) wastes are predetermined hazardous
wastes upon generation (40 CFR part 261, subpart D); some are
determined hazardous wastes when they exhibit ignitability,
corrosivity, reactivity, or extraction procedure toxicity.
Lead-containing paint means paint or other similar surface coating
material containing lead or lead compounds in excess of 0.06 percent of
the weight of the total nonvolatile content of the paint or the weight
of the dried paint film.
Material Safety Data Sheet (MSDS) means the documentation, as
required by 29 CFR 1910.1200, identifying the potential hazards
associated with the specific category of product or property. Sources
of MSDS information may be the manufacturer, distributor, or the
procuring agency.
Medical devices means any health-care product that does not achieve
its principle intended purposes by chemical action in or on the body or
by being metabolized. Medical devices are categorized in the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301-399).
Munitions List Item (MLI) means property, services, and related
technical data designated as defense articles and defense services
pursuant to sections 38 and 47(7) of the Arms Export Control Act (22
U.S.C. 2778 and 2794(7)). Implementing regulations may be found in 22
CFR parts 120 and 121.
Nuclear Regulatory Commission-Controlled Material means material
subject to the controls of the Nuclear Regulatory Commission (NRC). The
materials are defined as follows:
(1) Byproduct material: Any radioactive material (except special
nuclear material) yielded in or made radioactive by exposure to the
radiation incident to the process of producing or utilizing special
nuclear material. (See 10 CFR part 30).
(2) Source material: Uranium or thorium, or any combination
thereof, in any physical or chemical form or ores which contain by
weight one-twentieth of one percent (0.05%) or more of uranium,
thorium, or any combination thereof. Source material does not include
special nuclear material. (See 10 CFR part 40).
(3) Special nuclear material: Plutonium, uranium 233, uranium
enriched in the isotope 233 or in the isotope 235, any other materials
which the NRC, pursuant to the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.), including any amendments thereto, determines to be
special nuclear material, or any material artificially enriched by any
of the foregoing, but does not include source material. (See 10 CFR
part 70).
Perishable means an item subject to rapid deterioration or spoilage
when removed from special storage conditions or care, such as fresh
food, animals, and plants.
Precious metal means gold, silver, and platinum group metals
(platinum, palladium, iridium, rhodium, osmium, and ruthenium).
Reagent means any hazardous material used to detect or measure
another substance or to convert one substance into another by means of
the reactions it causes.
Subpart B--Responsibilities
Sec. 102-40.35 What types of personal property require special
handling?
Personal property containing hazardous materials or other elements
that require compliance with Federal, State, and local laws in their
usage, storage, transportation and disposal, and the inadequate control
of which may lead to potential safety, health, environmental, economic,
or national security risks.
Sec. 102-40.40 What are our responsibilities concerning personal
property requiring special handling?
You are responsible for--
(a) Identifying and accounting for property with special handling
requirements;
(b) Complying with applicable Federal, State, and local laws and
regulations concerning the handling, storage, labeling, use, and final
disposition of such property;
(c) Ensuring adequate storage and safeguard of such property, e.g.,
secured or limited access storage areas, warning signs, and protective
clothing and equipment; and
(d) Transporting materials requiring special handling in accordance
with Department of Transportation (DOT), Environmental Protection
Agency (EPA), and State and local regulations.
Sec. 102-40.45 What must we do when we have identified personal
property with special handling requirements?
You must properly mark, tag, or label personal property with
special handling requirements in accordance with applicable Federal
law, including the Occupational Safety and Health Administration
requirements (29 CFR 1910.1200), regarding the actual or potential
hazard associated with the property, and ensure that such information
is maintained and perpetuated in the official agency property records.
Labeling requirements for substances that are excluded from the
requirements of 29 CFR 1910.1200 are found in the references listed in
29 CFR 1910.1200(b)(5) and (6).
Sec. 102-40.50 What must we do when we no longer need personal
property with special handling requirements?
Except for the items listed in Sec. 102-40.55, you must report
personal property with special handling requirements that you no longer
need to the General Services Administration (GSA) for Federal or
donation screening. Dispose of property not required to be reported to
GSA in accordance with applicable Federal, State, and local laws and
regulations, and your agency procedures. Disposal must be accomplished
so as to preserve as much as possible any civilian utility or
commercial value of the property.
Sec. 102-40.55 Do we report all excess personal property with special
handling requirements to GSA?
No. Because of their characteristics, certain items are not subject
to the usual disposal procedures. You should not report to GSA excess
personal property with special handling requirements in any of the
categories listed below.
(a) Extremely hazardous personal property. You must dispose of
extremely hazardous personal property not reported to GSA in accordance
with applicable demilitarization requirements, EPA regulations, State
[[Page 25727]]
and local laws or regulations, and other Federal laws, regulations or
guidelines.
(b) Hazardous wastes. You must dispose of hazardous wastes in
accordance with applicable demilitarization requirements, EPA
regulations, State and local laws or regulations, and other Federal
laws, regulations or guidelines.
(c) Perishables. You may dispose of perishables by abandonment/
destruction when it is not detrimental to public health or safety. See
the abandonment/destruction provisions in part 102-36 of this
subchapter B.
(d) EPA research materials. The EPA, under its independent
authority, may transfer accountability for hazardous materials deemed
by EPA to be research materials to Federal, State, and local agencies,
research institutions, or commercial businesses to conduct research or
to perform the actual cleanup of a contaminated site.
Sec. 102-40.60 Who is responsible for the custody of hazardous
materials and property requiring special handling?
The holding agency is responsible for the custody of hazardous
materials and property requiring special handling. Custody of these
items may be transferred in whole or in part to another Federal agency
with that agency's consent.
Sec. 102-40.65 Who is responsible for the care and handling of
hazardous materials and property requiring special handling?
The holding agency is responsible for the care and handling of
hazardous materials and property requiring special handling until the
time the property has completed the disposal process; and has been
transferred, donated, sold, or destroyed, as authorized by this part.
The nature of this material may require extra precautions, processes,
or equipment, thereby increasing the cost of care and handling.
Subpart C--Transfer and Donation of Personal Property With Special
Handling Requirements
Sec. 102-40.70 What must we do when reporting excess personal
property with special handling requirements?
You must include with your report of excess a complete description
of the characteristics of the property, use or disposal restrictions,
and the actual or potential hazard associated with the use, handling,
or storage of the item. You should include a Material Safety Data Sheet
(MSDS) or Hazardous Material Information System (HMIS) record (or
equivalent) if available. The physical item which requires special
handling must also be marked so as to identify its special
characteristic.
Sec. 102-40.75 Is personal property requiring special handling
available for transfer or donation?
Generally, yes, with the exceptions contained in this part,
personal property requiring special handling is available for transfer
or donation in accordance with 41 CFR parts 102-36 and 102-37 of this
subchapter B respectively. However, all transfer and donation documents
must include a complete description of the actual or potential hazard
associated with the handling, storage, use, or disposal of the item.
Sec. 102-40.80 Is donee certification required on the donation of
personal property requiring special handling?
Yes, GSA will not approve a donation to a State Agency for Surplus
Property (SASP) unless an eligible donee has been identified. The
transfer document must contain a full description of the actual or
potential hazard(s) and restriction(s) associated with the handling,
storage, use, transportation, or disposal of the item. In addition, the
following certification (or an equivalent) must be signed by the donee:
I (We), the undersigned, hereby certify that the donee has
knowledge and understanding of the hazardous nature of the property
hereby donated and will comply with all applicable Federal, State,
and local laws, ordinances, and regulations with respect to the
care, handling, storage, shipment, and disposal of the hazardous
material(s). The donee agrees and certifies that the United States
shall not be liable for personal injuries to, disabilities of, or
death of the donee or the donee's employees, or any other person
arising from or incident to the donation of the hazardous
material(s) or its final disposition. Additionally, the donee agrees
and certifies to hold the United States harmless from and shall
indemnify the United States against any or all debts, liabilities,
judgments, costs, demands, suits, actions, or claims of any nature
arising from or incident to the donation of the hazardous
material(s), its use, or final disposition.
----------------------------
Name of Donee (print or type)
----------------------------
Signature of Donee
Sec. 102-40.85 Must we follow additional requirements for the
inspection of personal property with special handling requirements?
Yes, you are responsible for establishing appropriate safeguards
and providing instructions for personal protection to screeners who are
inspecting property with special handling requirements.
Sec. 102-40.90 Who pays for the costs incident to the transfer or
donation of personal property with special handling requirements?
You may charge the Federal agency or donation recipient any costs
you incurred in packing, preparing for shipment, and transporting
property with special handling requirements (see parts 102-36 and 102-
37 of this subchapter B).
Subpart D--Sale of Personal Property With Special Handling
Requirements
Sec. 102-40.95 May we sell personal property with special handling
requirements?
Generally, yes, you may sell personal property with special
handling requirements when you (1) comply with applicable Federal,
State, and local laws and regulations, including 41 CFR part 102-38,
and (2) follow applicable precautions including but not limited to
proper packaging of the property, labeling of appropriate warning
signs, and allowing for inspection of the property with proper
safeguards.
Sec. 102-40.100 May we use any sales method to sell personal property
that requires special handling?
Yes, you may use any of the sales methods provided in part 102-38
of this subchapter B, but you must--
(a) Hold sales of such property separately from other sales,
(b) Store and display such property in a safe and controlled manner
as required by applicable statutes or regulations,
(c) Indicate if the property is being sold only for scrap, and/or
if there are any use requirements, and
(d) Comply with the requirements of other Federal, State, and local
laws and regulations.
Sec. 102-40.105 What must we include in the sales terms and
conditions when selling personal property with special handling
requirements?
In addition to the recommended sales terms and conditions contained
in part 102-38 of this subchapter B, when selling personal property
with special handling requirements you must include the following in
the sales terms and conditions:
(a) A full description of the actual or potential hazard(s)
associated with handling, storage, or use of the item, as well as any
use restrictions or limitations.
(b) A MSDS, when available.
(c) A certification, executed by a duly authorized agency official,
that the item is appropriately labeled and packaged in accordance with
applicable regulatory and statutory requirements.
[[Page 25728]]
(d) Any additional requirements the purchaser must comply with
prior to removal, e.g., demilitarization on-site.
(e) The necessary steps the purchaser must take in the handling and
transportation of the property when the property is sold.
(f) A statement that it is the purchaser's responsibility to comply
with all applicable Federal, State, local, and export laws and
regulations to ensure the proper registration, licensing, possession,
transportation, and subsequent use, resale or disposal of the property.
You must use the following certification (or an equivalent
certification) when offering for sale an item requiring special
handling. Failure to sign the certification may result in the bid being
rejected as nonresponsive:
The undersigned bidder hereby certifies that if awarded a
contract under this invitation for bids, the bidder will comply with
all applicable Federal, State, and local laws, ordinances, and
regulations with respect to the care, handling, storage, shipment,
resale, export, or other use of the material hereby purchased. The
bidder will hold the United States harmless from and indemnify the
United States against any or all debts, liabilities, judgments,
costs, demands, suits, actions, or other claims of any nature
arising from or incident to the handling, use, storage, shipment,
resale, export, or other disposition of the items purchased.
----------------------------
Name of bidder (print or type)
----------------------------
Signature of bidder
Sec. 102-40.110 Are certifications required from the purchaser when
selling personal property with special handling requirements?
Yes, in addition to receiving a certification that the purchaser
will comply with all Federal, State, and local laws and regulations
with respect to the care, handling, storage, shipment, and disposal of
personal property with special handling requirements, you must obtain
from the purchaser a certification that the purchaser will comply with
any additional requirements associated with the property, such as
demilitarization, export controls on Commerce-controlled list items, or
mutilation requirements for flight safety critical aircraft parts.
Sec. 102-40.115 What precautions must we take during the sales
process for personal property requiring special handling?
It is your responsibility to prepare items with special handling
requirements for sale, provide all necessary information to ensure that
prospective bidders are informed of hazards, and identify precautions
that bidders should take to protect themselves while inspecting,
packing or moving items with special handling requirements. You must
make any safety gear or equipment needed during the sales process
available to prospective bidders and others involved in the inspection,
packing, or moving of these items.
Sec. 102-40.120 May we dispose of personal property requiring special
handling by abandonment or destruction?
Yes, you may dispose of personal property requiring special
handling by abandonment or destruction. However, in addition to the
requirements for the abandonment or destruction of property in
Sec. Sec. 102-36.305 through 102-36.330 of this subchapter B, you must
also satisfy applicable Federal, State, and local waste disposal and
air and water pollution control standards, laws, and regulations. You
must ensure that such property, including empty hazardous material
containers, not be abandoned until made safe, demilitarized, reduced to
scrap, or otherwise made innocuous. National security classified items
must be declassified or destroyed in accordance with holding agency
regulations.
Subpart E--Personal Property With Special Handling Requirements
Sec. 102-40.125 What categories of personal property require special
handling?
Many categories of personal property have special handling
requirements in compliance with applicable Federal, State, and local
regulations and ordinances for their handling, transportation, storage,
disposal and use. See Appendix A to this part for a listing of Federal
Supply Classifications (FSCs) containing predominately hazardous items
and Appendix B to this part for a listing of FSCs containing a
significant number of hazardous items. See Sec. Sec. 102-40.130
through 102-40.225 for special handling instructions for some
categories of property that Federal property managers are likely to
have responsibility for.
Sec. 102-40.130 How do we manage acid-contaminated and explosive-
contaminated property?
Acid-contaminated or explosive-contaminated property is considered
extremely hazardous property and is not reported to GSA for subsequent
transfer or donation. You may dispose of such property by sale, in
accordance with subpart B of this part and with the condition that the
purchaser sufficiently decontaminates the property to the degree that
it is no longer extremely hazardous. When selling acid or explosive
contaminated property, the sales terms and sales documentation must
both include the following certification, or an equivalent
certification, which must be signed by the successful bidder.
It is hereby certified that the undersigned purchaser will
comply with all the applicable Federal, State, and local laws,
ordinances and regulations with respect to the care, handling,
storage, and shipment, resale, export, and other use of the
materials, hereby purchased, and that he/she is a user of, or dealer
in, said materials. This certification is made in accordance with
and subject to the penalties of title 18, Section 1001, the United
States Code, Crime and Criminal Procedures.
----------------------------
Name of purchaser (print or type)
----------------------------
Signature of purchaser
Sec. 102-40.135 How do we handle all-terrain vehicles (ATVs)?
Three-wheeled and four-wheeled all terrain vehicles (ATVs) can be
exchanged with a dealer under the provisions of part 102-39 of this
subchapter B. ATVs may be offered for sale as either salvage or scrap
only after they have been mutilated in a manner to prevent operational
use.
Sec. 102-40.140 How do we handle ammunition?
(a) Report usable ammunition to GSA for possible transfer to a
Federal agency. You must not donate surplus ammunition, but you may
donate surplus ammunition components. You may sell ammunition and
ammunition components only to companies licensed to perform
manufacturing/demanufacturing/remanufacturing processes under the
provisions of 18 U.S.C. 923 or other Federal law or regulation. You
must follow any demilitarization requirements. When selling ammunition
components, the sales terms and sales documentation must both include
the following certification, or an equivalent certification, which must
be signed by the successful bidder:
Item No. ------------ contains ammunition components offered for
sale in this invitation. The undersigned certifies that he/she will
comply with all applicable local, State, and Federal laws and
regulations concerning ammunition components. If the item being sold
is scrap ammunition components, the undersigned certifies that these
scrap ammunition components will not be used for the original
manufactured purpose.
----------------------------
Name of bidder (print or type)
----------------------------
Signature of bidder
(b) Expended ammunition cartridge cases may be transferred or
donated when the recipient certifies that the
[[Page 25729]]
spent brass will be reloaded and used only for law enforcement
purposes.
(c) The transportation of primers or propellant powder is governed
by 49 CFR parts 171 through 180.
Sec. 102-40.145 How do we handle animals and plants?
When possible, you should report live animals and plants to GSA for
transfer, donation, or sale. They are, however, considered perishables
and could be immediately disposed of by abandonment/destruction
procedures in accordance with abandonment/destruction authority in 41
CFR part 102-36 of this subchapter B. Unfit horses and mules may be
destroyed or put out to pasture in accordance with 40 U.S.C. 1308.
Under 40 U.S.C. 555, you may donate canines formerly used in the
performance of law enforcement duties to an individual experienced in
handling canines in the performance of those duties.
Sec. 102-40.150 How do we handle asbestos?
(a) Items with asbestos content must be handled in accordance with
the EPA regulations found at 40 CFR part 61 subpart M.
(b) Report to GSA excess personal property containing nonfriable
asbestos, as defined in 40 CFR 61.141, for subsequent transfer,
donation or sale in accordance with part 102-36 of this subchapter B.
Nonfriable asbestos materials cannot (1) when dry; be crumbled,
pulverized, or reduced to powder by hand pressure, or (2) contain
asbestos which is bonded or otherwise rendered unavailable for release
into the atmosphere through normal usage. All documentation on excess
personal property containing nonfriable asbestos, such as reporting,
transfer, and sales documents, must include a warning statement that
the item may contain asbestos and must not be cut, crushed, sanded,
disassembled, or otherwise altered. The property must also be labeled
or marked with such warning statements.
(c) You must use a warning such as the following on the
documentation reporting the excess or transferring an item containing
asbestos:
WARNING
This property contains asbestos. Inhaling asbestos fibers may
cause cancer. Do not release fibers by cutting, crushing, sanding,
disassembling, or otherwise altering this property. End users and
new owners, if transferred, should be warned. OSHA standards for
personnel protection are codified at 29 CFR 1910.1001. EPA disposal
standards are codified at 40 CFR part 61. State and local
authorities may have additional restrictions on the disposal of
items containing asbestos.
(d) Property containing asbestos should be labeled with a warning
such as the following:
WARNING
This property contains asbestos. Inhaling asbestos fibers may
cause cancer. Do not release fibers by cutting, crushing, sanding,
disa- ssembling, or otherwise altering this property.
(e) Nonfriable asbestos that is not transferred, donated, or sold
may be abandoned as provided in Sec. Sec. 102-36.305 through 102-
36.330 of this subchapter B. If destroyed by burial, items containing
friable or nonfriable asbestos must be disposed of by burial at a site
that meets the requirements of 40 CFR 61.154.
Sec. 102-40.155 How do we handle controlled substances?
(a) You are not required to report excess controlled substances to
GSA, but you should make reasonable efforts to transfer them to Federal
agencies in accordance with Drug Enforcement Administration (DEA)
regulations (21 CFR 1307.22). The recipient agency must certify that it
is authorized to procure the particular controlled substance and
provide the registration number on the Certificate of Registration,
issued by DEA.
(b) You must not donate controlled substances.
(c) In accordance with sales procedures specified in part 102-38 of
this subchapter B, and under the conditions specified in this
subsection (c), you may sell controlled substances by sealed bid only
to bidders who have registered with DEA to manufacture, distribute, or
dispense the particular controlled substance. As a condition of sale
the bidder must submit verification of DEA registration. Prior to
finalizing the sale, you must obtain confirmation from DEA of the
bidder's status as a registered manufacturer, distributor, or dispenser
of controlled substances.
(1) The following statement, or an equivalent statement, must be
included in the sales terms and conditions when selling controlled
substances:
The bidder shall complete, sign, and return with his/her bid the
certificate as contained in this invitation. No award will be made
or sale consummated until after this agency has obtained from the
Drug Enforcement Administration, Department of Justice, verification
that the bidder is registered to manufacture, distribute, or
dispense those controlled substances which are the subject of the
award.
(2) The following certification, or an equivalent certification,
must be made a part of the Invitation for Bid to be completed and
signed by the bidder and returned with the bid. Failure to sign the
certification may result in the bid being rejected as nonresponsive:
The undersigned bidder certifies that he/she is Registered with
the Drug Enforcement Administration, Department of Justice, as a
manufacturer, distributor, or dispenser of the controlled substances
for which a bid is submitted and the registration number is: ------
----------.
----------------------------
Name of bidder (print or type)
----------------------------
Signature of bidder
----------------------------
Address of bidder (print or type)
----------------------------
City, State, Zip code
(d) You must not abandon controlled substances. You must destroy
controlled substances in such a manner as to ensure total destruction
to preclude any further use, and ensure such destruction is in
compliance with DEA regulations, 21 CFR 1307.21, or other procedures
approved by DEA, and coordinate with local air and water pollution
control authorities when required. Destruction must be witnessed and
certified by two employees of your agency.
The following certification, or an equivalent certification, must
be used to document the destruction of controlled substances;
We, the undersigned, have witnessed the destruction of the
(controlled substance(s)) described herein and in the manner and on
the date stated herein:
-------------- --------------
Witness Date
-------------- --------------
Witness Date
Sec. 102-40.160 How do we handle drugs, biologicals, and reagents
other than controlled substances?
(a) Drugs, biologicals, and reagents other than controlled
substances may be transferred to another Federal agency for official
purposes under procedures specified in part 102-36 and this subchapter
B. For donation of drugs, biologicals, or reagents other than
controlled substances, follow the procedures in part 102-37 of this
subchapter B.
(b) Drugs, biologicals, and reagents other than controlled
substances must be clearly identified when they are unfit for human
use. As a general rule, you must destroy drugs, biologicals, and
reagents unfit for human use, with destruction witnessed and certified
by two representatives of your agency, and coordinated with local air
and water pollution control authorities, when required. However, you
may report such property to GSA for subsequent transfer or donation for
the purpose of animal experimental use when the property is unfit due
to expired shelf life. The following certification, or an equivalent
[[Page 25730]]
certification, must be used to document the destruction of drugs,
biologicals, and reagents;
We, the undersigned, have witnessed the destruction of the
(drugs, biologicals, and reagents) described in the foregoing
certification in the manner and on the date stated herein:
-------------- --------------
Witness Date
-------------- --------------
Witness Date
(c) The sale of any unexpired drugs, biologicals, or reagents must
be in accordance with rules published by the Food and Drug
Administration (www.fda.gov). You may sell drugs, biologicals, and
reagents other than controlled substances only to those entities
legally qualified to engage in the sale, manufacture, or distribution
of such items and a certification or evidence of licensing must
accompany the bids. An entity is legally qualified when a Federal
agency (e.g., the Department of Health and Human Services, the Drug
Enforcement Administration, or the Department of Agriculture) or State
agency having legal or regulatory oversight over that commodity has
approved the entity to engage in the designated activity.
(1) When selling drugs, biologicals, and reagents other than
controlled substances, the following condition of sale (or an
equivalent condition of sale) must be used:
The bidder shall complete, sign, and return with his/her bid the
certification as contained in this invitation. No award will be made
or sale consummated until after this agency has determined that the
bidder is legally licensed to engage in the manufacture, sale, or
distribution of drugs.
(2) The following certification, or an equivalent certification,
must be made a part of the invitation for bids (and contract), to be
completed and signed by the bidder, and returned with the bid with a
copy of his/her license. Failure to sign the certification may result
in the bid being rejected as nonresponsive.
The undersigned bidder certifies that he/she is legally licensed
to engage in the manufacture, sale, or distribution of drugs, and
proof of his/her license to deal in such materials is furnished with
this bid.
----------------------------
Name of bidder (print or type)
----------------------------
Signature of bidder
----------------------------
Address of bidder (print or type)
----------------------------
City, State, Zip code
(d) Drugs, biologicals, and reagents that are controlled substances
are subject to the same provisions as controlled substances in lieu of
the provisions in this section.
Sec. 102-40.165 How do we handle electronic products?
(a) In accordance with the procedures in this section, excess
electronic items for which radiation safety performance standards are
prescribed by FDA under 21 CFR part 1010 must be reported to GSA for
transfer to Federal agencies in accordance with part 102-36 of this
subchapter B and may be donated or sold in accordance with parts 102-37
and 102-38 of this subchapter B, respectively. (See 21 CFR 1000.15 for
items of electronic items that are required to follow radiation safety
performance standards.) For items not meeting safety performance
standards, excess reports must include a statement that the items are
not in compliance with applicable radiation safety performance
standards. Sales documents must also clearly warn purchasers that the
items may not be in compliance with FDA radiation safety performance
standards prescribed under 21 CFR part 1010 and that the purchaser
assumes all risks associated with the use or resale of the items. The
following type of warning may be placed on the sales documentation:
WARNING
Purchasers are warned that the item purchased herewith may not
be in compliance with Food and Drug Administration radiation safety
performance standards prescribed under 21 CFR part 1010, and use may
constitute a potential for personal injury unless modified. The
purchaser agrees that the United States shall not be liable for
personal injuries to, disabilities of, or death of the purchaser,
the purchaser's employees, or to any other persons arising from or
incident to the purchase of this item, its use, or disposition. The
purchaser shall hold the United States harmless from and shall
indemnify the United States against any or all debts, liabilities,
judgments, costs, demands, suits, actions, or claims of any nature
arising from or incident to purchase or resale of this item. The
purchaser agrees to notify any subsequent purchaser of this property
of the potential for personal injury in using this item without a
radiation survey to determine the acceptability for use and/or
modification to bring it into compliance with the radiation safety
performance standard prescribed for the item under 21 CFR part 1010.
(b) In accordance with 21 CFR 1002.40 and 1002.41 (Dealer and
Distributor Records), when you sell electronic products for which there
are performance standards (listed in 21 CFR part 1010) you must obtain
from the purchaser and forward to the appropriate manufacturer (unless
authorized by 21 CFR 1002.4 to have the dealer or distributor hold and
preserve) the following information:
(1) Name and address.
(2) Product name, to include brand name, model number, serial or
other identification number.
(3) Date of sale, award, or lease.
(c) You must dispose of electronic equipment in accordance with all
Federal and State laws, including the Solid Waste Disposal Act (42
U.S.C. 6901, et seq.) and Executive Order 13101. You should also be
aware of the prohibitions and liabilities contained in 42 U.S.C. 9607.
Sec. 102-40.170 How do we handle firearms?
(a) You must submit reports and transfer documents on excess
firearms to GSA (7FP-8), Denver, CO 80225-0506. GSA will approve
transfers of firearms only to those Federal agencies authorized to
acquire firearms for official use, and may require additional written
justification from the requesting agency.
(b) GSA may donate only surplus hand guns, rifles, shotguns, and
individual light automatic weapons previously used by the Federal
Government, with less than .50 caliber in Federal Supply Classification
(FSC) 1005, and rifle and shoulder fired grenade launchers in FSC 1010,
with a disposal condition code of 4 or better (see condition codes in
Sec. 102-36.240 of this subchapter B). Only eligible law enforcement
entities whose primary function is the enforcement of applicable
Federal, State, and/or local laws, and whose compensated law
enforcement officers have powers to apprehend and arrest, may obtain
these donated firearms for law enforcement purposes.
(c) For purposes of donation under subsection (b) above, each
Standard Form (SF) 123 must be accompanied by a conditional transfer
document, signed by both the intended donee and the State Agency for
Surplus Property (SASP), that includes the special terms, conditions,
and restrictions prescribed by GSA, and any other required forms or
information. Restrictions on donated firearms are perpetual and may not
be amended by the SASP without prior written approval from GSA. You
must release or ship donated firearms directly to the designated donee.
(d) When authorized by circumstances described in paragraphs (e),
(f), (g), or (i) of this section, the destruction of firearms must be
performed by an activity authorized by your agency head or designee.
The destruction must be witnessed by two additional agency employees
authorized by the agency head or designee.
(e) When the approved donee no longer needs the donated firearms,
the donee must notify the SASP. The SASP
[[Page 25731]]
may, with GSA approval, reassign firearms to another donee within the
State or to a donee in another state through the appropriate SASP. In
such a case, transfer of the firearms must be between eligible donees
only. No SASP is eligible to take custody of the firearm. Otherwise,
the donee and a representative from the SASP, or designee, must witness
destruction of the firearms and complete and sign a certificate of
destruction, which will be maintained by the SASP.
(f) You must not abandon firearms. You must destroy unneeded
firearms by crushing, cutting, breaking, or deforming each firearm in a
manner to ensure that each firearm is rendered completely inoperative.
Destruction of firearms must be performed as stated in paragraph (d).
(g) You must not dispose of firearms under an exchange/sale
transaction or by sale. Surplus firearms may be sold only for scrap
after total destruction as described in (f) above to ensure that the
firearms are rendered completely inoperative and to preclude their
being made operative. Such sale shall be conducted under part 102-38 of
this subchapter B.
(h) Firearms received as foreign gifts may be offered for transfer
to Federal agencies or sold to the gift recipient in accordance with
part 102-42 of this subchapter B.
(i) Firearms that are forfeited, voluntarily abandoned, or
unclaimed as described in 40 U.S.C. 1306 and 40 USC 552, must be
reported to GSA for disposal in accordance with Sec. 102-41.195 of
this subchapter B. The GSA will direct the disposition of these
firearms under this section.
Sec. 102-40.175 How do we handle hazardous materials?
(a) You may use any of the following methods for the identification
of hazardous materials:
(1) As part of the process under current acquisition standards,
manufacturers must provide MSDSs to document potential hazards. MSDSs
are also prescribed by OSHA under 29 CFR part 1910 and Executive Order
12196 paragraph 1-602(c), Occupational Safety and Health Programs for
Federal Employees (February 26, 1980).
(2) An automated database maintained by GSA Federal Supply Service
contains MSDS for all GSA-procured hazardous materials. To request an
MSDS, you may send an e-mail to MSDS@gsa.gov, or call, Toll Free: 866-
588-7659, DSN: 465-5097, or Commercial: 816-926-5097.
(3) A collection of MSDS information in DOD's Hazardous Materials
Information System (HMIS) provides transportation and disposal
information.
(4) Appendix A to this part contains a list of the Federal Supply
Classification (FSC) classes of property that are composed
predominantly of hazardous items.
(5) When information is not available under paragraphs (a)(1),
(a)(2), (a)(3), or (a)(4) of this section, contact the manufacturer,
the procuring agency, or your technical staff for assistance in
obtaining the MSDS information.
(b) You must verify items with an expired shelf life or reclassify
them as hazardous wastes when required by Federal, State, or local
environmental laws or regulations.
(c) For transportation of hazardous materials, see 49 CFR parts 171
through 180.
(d) For disposal of hazardous materials, see Sec. Sec. 102-40.50
through 102-40.120.
(e) Unless authorized by GSA, extremely hazardous property may not
be sold unless it is rendered innocuous, mutilated, or otherwise made
safe. You should, however, render such property innocuous in a manner
so as to preserve the maximum utility or commercial value of the
property when possible.
Sec. 102-40.180 How do we handle lead-containing paints and items
bearing lead-containing paint?
(a) You may transfer, donate, or sell such items in compliance with
requirements found in the Consumer Product Safety Commission
regulations set forth in 16 CFR part 1303. You must not abandon banned
items or their containers. You must destroy them. Any removal
(stripping) of lead paint incident to disposal must be accomplished in
conformance with Federal regulations and industry guidelines such as
those promulgated by the EPA (https://www.epa.gov) or OSHA (https://
www.osha.gov).
(b) If disposal of the items described in paragraph (a) is
allowable, the following must be placed on the items:
(1) The following warning:
WARNING
Contains Lead. Dried Film of This Paint May be Harmful If Eaten
or Chewed.
(2) The following additional statement or its practical equivalent
on their labels:
*COM048*Do not apply on toys and other children's articles,
furniture, or interior surfaces of any dwelling or facility which
may be occupied or used by children. Do not apply on exterior
surfaces of dwelling units, such as window sills, porches, stairs,
or railings, to which children may be commonly exposed.
Keep Out of Reach of Children
(c) Donation documentation (including the Standard Form 123) must
contain the following certification, or an equivalent certification:
The property requested herein shall be used only as specified in
16 CFR 1303.3 and in no case shall be in contact with children. I,
the undersigned, agree the United States shall not be liable for
personal injuries to, disabilities of, or death of the donee's
employees, or any other person arising from or incident to the
donation of this property, its use, or its final disposition; and to
hold the United States harmless from and shall indemnify the United
States against any or all debts, liabilities, judgments, costs,
demands, suits, actions or claims of any nature arising from or
incident to the donation of this property, its use, or its final
disposition.
----------------------------
Name of donee (print or type)
----------------------------
Signature of donee
(d) When selling lead-containing paint or items bearing lead-
containing paint, the sales terms and sales documentation must include
this certification, or an equivalent certification. Failure to sign the
certification where it appears as a sales term may result in the bid
being rejected as nonresponsive:
I, the undersigned,certify that I have read and fully comprehend
the aforementioned terms and conditions of this sale. I shall comply
with the applicable Consumer Product Safety Commission regulations
set forth in 16 CFR part 1303 if I am the successful bidder. I
further agree the United States shall not be liable for personal
injuries to, disabilities of, or death of any persons arising from
or incident to the sale of this property, its uses, or its final
disposition; and to hold the United States harmless from and shall
indemnify the United States against any or all debts, liabilities,
judgments, costs, demands, suits, actions, or claims of any nature
arising from or incident to the sale of this property, its use, or
its final disposition.
----------------------------
Name of bidder (print or type)
----------------------------
Signature of bidder
Sec. 102-40.185 How do we handle medical devices?
(a) Medical devices are subject to the laws and regulations
administered by FDA. Provisions of the governing statute, the Federal
Food, Drug and Cosmetic Act, appear in 21 U.S.C. 301-399. In summary,
the Act prohibits the movement in interstate commerce of medical
devices that are adulterated or misbranded (21 U.S.C. 351-352). The Act
authorizes FDA to initiate criminal enforcement proceedings against
companies and/or individuals responsible for violations of its
provisions, and to initiate civil proceedings to seize or enjoin the
distribution of such items.
[[Page 25732]]
(b) Prescription devices are subject to additional Federal, State,
local, and other applicable laws. Federal law requires that
prescription devices be in the possession of either: persons lawfully
engaged in the manufacture, transportation, storage, or wholesale or
retail distribution of such device; or, practitioners licensed by their
States. Federal law also requires that prescription devices be sold
only to, or on the prescription or order of, a licensed practitioner
for use in
