Federal Management Regulation; FMR Case 2007-102-1, Replacement of Personal Property Pursuant to the Exchange/Sale Authority, 70266-70269 [E7-23887]
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submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Absent a prior
existing requirement for the state to use
voluntary consensus standards, EPA has
no authority to disapprove a program
submission for failure to use such
standards, and it would thus be
inconsistent with applicable law for
EPA to use voluntary consensus
standards in place of a program
submission that otherwise satisfies the
provisions of the Act. Redesignation is
an action that affects the status of a
geographical area but does not impose
any new requirements on sources. Thus,
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
40 CFR Part 81
Air Pollution Control, Environmental
protection, National parks, Wilderness
areas.
Dated: November 29, 2007.
Walter W. Kovalick,
Acting Regional Administrator, Region 5.
[FR Doc. E7–23949 Filed 12–10–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R01–RCRA–2007–0999; FRL–8504–3]
Rhode Island: Proposed Authorization
of State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
SUMMARY: The State of Rhode Island has
applied to EPA for final authorization of
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). EPA proposes to
grant final authorization to Rhode
Island. EPA has determined that these
changes satisfy all requirements needed
to qualify for final authorization, and is
authorizing the State’s changes through
an immediate final action.
DATES: Comments must be received on
or before January 10, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. PA–R01–
VerDate Aug<31>2005
16:55 Dec 10, 2007
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RCRA–2007–0999, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: biscaia.robin@epa.gov.
• Fax: (617) 918–0642, to the
attention of Robin Biscaia.
• Mail: Robin Biscaia, Hazardous
Waste Unit, EPA New England—Region
1, One Congress Street, Suite 1100
(CHW), Boston, MA 02114–2023.
• Hand Delivery or Courier: Deliver
your comments to: Robin Biscaia,
Hazardous Waste Unit, Office of
Ecosystem Protection, EPA New
England—Region 1, One Congress
Street, 11th Floor, (CHW), Boston, MA
02114–2023. Such deliveries are only
accepted during the Office’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
For further information on how to
submit comments, please see today’s
immediate final rule published in the
‘‘Rules and Regulations’’ section of this
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Robin Biscaia, Hazardous Waste Unit,
U.S. EPA New England—Region 1, One
Congress Street, Suite 1100 (CHW),
Boston, MA 02114–2023, telephone
number: (617) 918–1642; fax number:
(617) 918–0642, e-mail address:
biscaia.robin@epa.gov.
SUPPLEMENTARY INFORMATION: In the
‘‘Rules and Regulations’’ section of this
Federal Register, EPA is authorizing
these changes by an immediate final
rule. EPA did not make a proposal prior
to the immediate final rule because we
believe this action is not controversial
and do not expect adverse comments
that oppose it. We have explained the
reasons for this authorization in the
preamble to the immediate final rule.
Unless we get written adverse
comments which oppose this
authorization during the comment
period, the immediate final rule will
become effective on the date it
establishes, and we will not take further
action on this proposal. If we get
comments that oppose this action, we
will withdraw the immediate final rule
and it will not take immediate effect.
We will then respond to public
comments in a later final rule based on
this proposal. You may not have another
opportunity for comment. If you want to
comment on this action, you should do
so at this time.
Dated: November 2, 2007.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. E7–23947 Filed 12–10–07; 8:45 am]
BILLING CODE 6560–50–P
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GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–39
[FMR Case 2007–102–1; Docket 2007-0001;
Sequence 3]
RIN 3090–AI38
Federal Management Regulation; FMR
Case 2007–102–1, Replacement of
Personal Property Pursuant to the
Exchange/Sale Authority
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The General Services
Administration is proposing to amend
the Federal Management Regulation
(FMR) by updating coverage on the
replacement of personal property
pursuant to the exchange/sale authority.
The proposed changes were prompted
by recommendations of the Federal
Asset Management Evaluation (FAME)
interagency working group led by GSA.
DATES: Interested parties should submit
comments in writing on or before
January 10, 2008 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FMR case 2007–102–1 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, FMR Case 2007–102–1) and
click on the ‘‘Submit’’ button. You may
also search for any document by
clicking on the ‘‘Advanced search/
document search’’ tab at the top of the
screen, selecting from the agency field
‘‘General Services Administration’’, and
typing the FMR case number in the
keyword field. Select the ‘‘Submit’’
button.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VIR), 1800 F Street, NW., Room 4035,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FMR case 2007–102–1 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: For
clarification of content, contact Mr.
Robert Holcombe, Office of
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Governmentwide Policy, Office of
Travel, Transportation, and Asset
Management (MT), (202) 501–3828 or email at Robert.Holcombe@gsa.gov. For
information pertaining to status or
publication schedules contact the
Regulatory Secretariat, 1800 F Street,
NW, Room 4035, Washington, DC
20405, (202) 501–4755. Please cite FMR
case 2007–102–1.
SUPPLEMENTARY INFORMATION:
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A. Background
The regulations in this part were last
substantively updated on September 21,
2001 (66 FR 48614). Early in fiscal year
2005, a project entitled Federal Asset
Management Evaluation (FAME) was
initiated to identify any and all areas of
Federal personal property management
needing improvement. An interagency
working group, led by GSA, was formed
to work on the FAME project. At the
conclusion of the FAME project, the
working group identified the exchange/
sale authority as an area where changes
should be made. A team of GSA Office
of Governmentwide Policy employees
has reviewed all of the provisions in
this part and has recommended a
number of changes intended to update,
streamline, and clarify the part. The
most significant changes include:
1. Adding a new section that explains
the exchange/sale authority by quoting
relevant language from the statute (40
U.S.C. 503).
2. Adding definitions for ‘‘excess
property’’, ‘‘surplus property ’’and
‘‘Service Life Extension Program’’.
3. Revising the definitions for
‘‘acquire’’, ‘‘replacement’’, and
‘‘similar’’.
4. Adding a new section that
addresses which provisions in this part
are subject to deviation.
5. Adding a new section that explains
when agencies should consider using
the exchange/sale authority.
6. Revising the section that explains
why the exchange/sale authority should
be used.
7. Amending the restrictions and
prohibitions applicable to the exchange/
sale of personal property, including the
addition of language which: 1) states
that under no circumstances will
deviations be granted for FSC Class
1005, Guns through 30mm; and 2)
clarifies the requirement for the
exchange/sale of weapons for
Department of Defense property in FSC
Group 10, Weapons.
8. Removing the requirement that the
number of items acquired must equal
the number of items exchanged or sold,
as this is not a requirement imposed by
40 U.S.C. 503.
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9. Adding a new provision which
clarifies that the exchange/sale authority
can only be used to acquire property,
not services.
10. Revising the requirement for
documentation of exchange/sale
transactions.
11. Revising the accounting
requirements applicable to the
exchange/sale authority.
12. Revising the annual reporting
requirement.
PART 102–39—REPLACEMENT OF
PERSONAL PROPERTY PURSUANT
TO THE EXCHANGE/SALE AUTHORITY
1. The authority citation for 41 CFR
part 102–39 is amended to read as
follows:
Authority: 40 U.S.C. 121(c); 40 U.S.C. 501;
40 U.S.C. 503
§ 102–39.50
§ 102–39.55
C. Regulatory Flexibility Act
This proposed rule is not required to
be published in the Federal Register for
notice and comment as per the
exemption specified in 5 U.S.C. 553
(a)(2); therefore, the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed changes
to the FMR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
E. Small Business Regulatory
Enforcement Fairness Act
This proposed rule is exempt from
Congressional review under 5 U.S.C.
801 since it relates solely to agency
management and personnel.
List of Subjects in 41 CFR Part 102–39
Government property management,
Reporting and recordkeeping
requirements, and Government
property.
Dated: August 28, 2007.
Kevin Messner
Acting Associate Administrator.
For the reasons set forth in the
preamble, GSA amends 41 CFR part
102–39 as set forth below:
Sfmt 4702
§§ 102–39.5, 102–39.15, 102–39.25, 102–
39.30, 102–39.35, 102–39.40, 102–39.45,
102–39.60, 102–39.65, 102–39.70, 102–39.75
[Redesignated]
4. Redesignate §§ 102–39.5, 102–
39.15, 102–39.25, 102–39.30, 102–39.35,
102–39.40, 102–39.45, 102–39.60, 102–
39.65, 102–39.70, 102–39.75 as follows:
Old section
New section
102–39.5
102–39.15
102–39.15
102–39.40
102–39.25
102–39.30
102–39.30
102–39.45
102–39.35
102–39.50
102–39.40
102–39.55
102–39.45
102–39.60
102–39.60
102–49.70
102–39.65
102–39.75
102–39.70
102–39.80
102–39.75
102–39.85
5. Add new § 102–39.5 to read as
follows:
§ 102–39.5
authority?
What is the exchange/sale
The exchange/sale authority is a
statutory provision, (40 U.S.C. 503),
which states in part: ‘‘In acquiring
personal property, an executive agency
may exchange or sell similar items and
may apply the exchange allowance or
proceeds of sale in whole or in part
payment for the property acquired.’’
6. Amend § 102–39.20 by revising the
definitions of the terms ‘‘Acquire’’,
‘‘Replacement’’, and ‘‘Similar’’; and, by
alphabetically adding the terms and
definitions ‘‘Excess property’’, ‘‘Service
Life Extension Program (SLEP)’’, and
‘‘Surplus property’’ to read as follows:
§ 102–39.20
part?
*
Editorial Note: This document was
received at the Office of the Federal Register
on December 5, 2007.
Fmt 4702
[Removed]
3. Remove § 102–39.55.
This regulation is excepted from the
definition of ‘‘regulation’’ or ‘‘rule’’
under Section 3(d)(3) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993 and,
therefore, was not subject to review
under Section 6(b) of that Executive
Order.
Frm 00031
[Removed]
2. Remove § 102–39.50.
B. Executive Order 12866
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What definitions apply to this
*
*
*
*
Acquire means to procure or
otherwise obtain personal property,
including by lease (sometimes known as
rent).
*
*
*
*
*
Excess property means any personal
property under the control of any
Federal agency that is no longer
required for that agency’s needs or
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responsibilities, as determined by the
agency head or designee.
*
*
*
*
*
Replacement means the process of
acquiring personal property to be used
in place of personal property that is still
needed but:
(1) No longer adequately performs the
tasks for which it is used; or
(2) Does not meet the agency’s need
as well as the personal property to be
acquired.
Service Life Extension Program (SLEP)
means the modification of a personal
property item undertaken to extend the
life of the item beyond what was
previously planned. SLEPs extend
capital asset life by retrofit, major
modification, remanufacturing,
betterment, or enhancement.
Similar means the acquired item(s)
and replaced item(s):
(1) Are identical; or
(2) Fall within a single Federal
Supply Classification (FSC) Group of
property (includes any and all forms of
property within a single FSC Group); or
(3) Are parts or containers for similar
end items; or
(4) Are designed or constructed for
the same purpose (includes any and all
forms of property regardless of the FSC
Group to which they are assigned).
Surplus property means excess
personal property not required for the
needs of any Federal agency, as
determined by GSA under part 102–37
of this chapter.
7. Add new § 102–39.25 to Subpart A
to read as follows:
§ 102–39.25 Which exchange/sale
provisions are subject to deviation?
§ 102–39.30 How do I request a deviation
from this part?
pwalker on PROD1PC71 with PROPOSALS
See part 102–2 of this chapter (41 CFR
part 102–2) to request a deviation from
the requirements of this part.
9. Add new § 102–39.35 to Subpart B
to read as follows:
§ 102–39.35 When should I consider using
the exchange/sale authority?
You should consider using the
exchange/sale authority when replacing
personal property.
10. Amend newly redesignated § 102–
39.40 to read as follows:
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Jkt 214001
You should use the exchange/sale
authority to reduce the cost of
replacement personal property. When
you have personal property that is
wearing out or obsolete and must be
replaced, you should consider either
exchanging or selling that property and
using the exchange allowance or sales
proceeds to offset the cost of the
replacement personal property.
Conversely, if you choose not to replace
the property using the exchange/sale
authority, you may declare it as excess
and dispose of it through the normal
disposal process as addressed in part
102–36 of this chapter. Keep in mind,
however, that any net proceeds from the
eventual sale of that property as surplus
generally must be forwarded to the
miscellaneous receipts account at the
United States Treasury and thus would
not be available to you. You may use the
exchange/sale authority in the
acquisition of personal property even if
the contract is for services as long as the
property acquired under the services
contract is similar to the property
exchanged or sold (e.g., for a SLEP,
exchange allowances or sales proceeds
would be available for replacement of
similar items, but not for services).
11. Amend newly redesignated § 102–
39.55 by revising the section heading to
read as follows:
§ 102–39.55 When should I offer property I
am exchanging or selling under the
exchange/sale authority to other Federal
agencies or State Agencies for Surplus
Property (SASP)?
*
All of the provisions in this part are
subject to deviation (upon presentation
of adequate justification) except those
mandated by statute. See the link on
‘‘Exchange/Sale’’ at www.gsa.gov/
personalpropertypolicy for additional
information on requesting deviations
from this part.
8. Revise newly redesignated § 102–
39.30 to read asfollows:
VerDate Aug<31>2005
§ 102–39.40 Why should I use the
exchange/sale authority?
*
*
*
*
12. Amend newly redesignated § 102–
39.60 by revising the section heading,
the introductory text, paragraph (a), the
note to paragraph (a), and paragraph (i)
to read as follows:
§ 102–39.60 What restrictions and
prohibitions apply to the exchange/sale of
personal property?
Unless a deviation is requested of and
approved by GSA as addressed in part
102–2 of this chapter and the provisions
of §§ 102–39.25 and 102–39.30, you
must not use the exchange/sale
authority for:
(a) The following FSC groups of
personal property:
10 Weapons.
11 Nuclear ordnance.
12 Fire control equipment.
14 Guided missiles.
15 Aircraft and airframe structural
components (except FSC Class 1560
Airframe Structural Components).
42 Firefighting, rescue, and safety
equipment.
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44 Nuclear reactors (FSC Class 4470
only).
51 Hand tools.
54 Prefabricated structure and
scaffolding (FSC Class 5410
Prefabricated and Portable Buildings,
FSC Class 5411 Rigid Wall Shelters, and
FSC Class 5419 Collective Modular
Support System only).
68 Chemicals and chemical products,
except medicinal chemicals.
84 Clothing, individual equipment,
and insignia.
Note to § 102–39.60(a): Under no
circumstances will deviations be
granted for FSC Class 1005, Guns
through 30mm. Deviations are not
required for Department of Defense
(DoD) property in FSC Groups 10 (for
classes other than FSC Class 1005), 12
and 14 for which the applicable DoD
demilitarization requirements, and any
other applicable regulations and statutes
are met.
*
*
*
*
*
(i) Flight Safety Critical Aircraft Parts
(FSCAP) and Critical Safety Items (CSI)
unless you meet the provisions of § 102–
33.370 of this title.
*
*
*
*
*
13. New § 102–39.65 is added to
Subpart B to read as follows:
§ 102–39.65 What conditions apply to the
exchange/sale of personal property?
You may use the exchange/sale
authority only if you meet all of the
following conditions:
(a) The property exchanged or sold is
similar to the property acquired;
(b) The property exchanged or sold is
not excess or surplus and you have a
continuing need for similar property;
(c) The property exchanged or sold
was not acquired for the principal
purpose of exchange or sale;
(d) When replacing personal property,
the exchange allowance or sales
proceeds from the disposition of that
property may only be used to offset the
cost of the replacement property, not
services; and
(e) Except for transactions involving
books and periodicals in your libraries,
you document the basic facts associated
with each exchange/sale transaction. At
a minimum, the documentation must
include the type, amount, and value of
the property to be replaced and the
property to be acquired; the date of the
transaction(s); the names of the parties
involved; and a statement that the
transactions comply with the
requirements of this part 102–39.
Note to § 102–39.65: In acquiring
items for historical preservation or
display at Federal museums, you may
exchange historic items in the museum
property account without regard to the
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FSC group, provided the exchange
transaction is documented and certified
by the head of your agency to be in the
best interests of the Government and all
other provisions of this part are met.
The documentation must contain a
determination that the item exchanged
and the item acquired are historic items.
14. Revise newly redesignated § 102–
39.80 to read as follows:
§ 102–39.80 What are the accounting
requirements for exchange allowances or
proceeds of sale?
You must account for exchange
allowances or proceeds of sale in
accordance with the general finance and
accounting rules applicable to you.
Except as otherwise authorized by law,
all exchange allowances or proceeds of
sale under this part will be available
during the fiscal year in which the
property was sold and for one fiscal year
thereafter for the purchase of
replacement property. Any proceeds of
sale not applied to replacement
purchases during this time must be
deposited in the United States Treasury
as miscellaneous receipts.
15. Amend newly redesignated § 102–
39.85 by adding paragraph (a)(3) to read
as follows:
§ 102–39.85 What information am I
required to report?
*
*
*
*
*
(3) A list by Federal Supply
Classification Group of property
acquired under this part, to include:
(i) Number of items acquired;
(ii) Acquisition cost.
*
*
*
*
*
[FR Doc. E7–23887 Filed 12–10–07; 8:45 am]
BILLING CODE 6820–14–S
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AV02
Endangered and Threatened Wildlife
and Plants; Proposed Designation of
Critical Habitat for the Pecos
Sunflower (Helianthus paradoxus)
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
comment period and revisions to
proposal.
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AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the comment period on the
proposed designation of critical habitat
for Helianthus paradoxus (Pecos
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16:55 Dec 10, 2007
Jkt 214001
sunflower) under the Endangered
Species Act of 1973, as amended (Act).
We also announce a revision to
proposed critical habitat Unit 4 and
clarification of Unit 5, the availability of
a draft economic analysis and draft
environmental assessment, and an
amended required determinations
section of the proposal. The draft
economic analysis estimates costs
associated with conservation activities
for H. paradoxus to be approximately
$3.9 to $4.4 million in undiscounted
dollars over the next 20 years ($193,000
to $221,000 annualized). We are
reopening the comment period to allow
all interested parties to comment
simultaneously on the proposed rule,
our revisions to the proposed rule, the
associated draft economic analysis and
environmental assessment, and the
amended required determinations
section. You do not have to resend
comments sent earlier. We will
incorporate them into the public record
as part of this comment period, and we
will fully consider them when preparing
our final determination.
DATES: We will accept public comments
until January 10, 2008.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: RIN 1018–
AV02; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, Suite
222; Arlington, VA 22203.
We will not accept e-mail or faxes. We
will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Comments Solicited section
below for more information).
FOR FURTHER INFORMATION CONTACT:
Wally ‘‘J’’ Murphy, Field Supervisor,
U.S. Fish and Wildlife Service, New
Mexico Ecological Services Field Office,
2105 Osuna Rd NE., Albuquerque, NM
87113; telephone 505/346–2525;
facsimile 505/346–2542. If you use a
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We will accept written comments and
information during this reopened
comment period on the original
proposed critical habitat designation for
H. paradoxus published in the Federal
Register on March 27, 2007 (72 FR
14328), the revisions to proposed
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70269
critical habitat described herein (see
‘‘Changes to the Proposed Rule’’
section), the draft economic analysis
and draft environmental assessment of
the proposed designation, and the
amended required determinations
provided in this document. We will
consider information and
recommendations from all interested
parties. We are particularly interested in
comments concerning:
(1) The reasons why habitat should or
should not be designated as ‘‘critical
habitat’’ for H. paradoxus under section
4 of the Act (16 U.S.C. 1531 et seq.),
including whether the designation of
critical habitat is prudent.
(2) Specific information on the
amount and distribution of H.
paradoxus habitat, including which
areas occupied by the species at the
time of listing and that contain features
essential for the conservation of the
species should be included in the
designation and why, and which areas
that were not occupied by the species at
the time of listing are essential to the
conservation of the species and why.
(3) Land use designations and current
or planned activities in the subject areas
and their possible impacts on proposed
critical habitat.
(4) Any foreseeable economic,
national security, or other potential
impacts resulting from the proposed
designation and, in particular, any
impacts on small entities, and the
benefits of including or excluding areas
that exhibit these impacts.
(5) The existence of lands included in
the proposed designation that are
covered under any conservation or
management plans, which we should
consider for exclusion from the
designation pursuant to section 4(b)(2)
of the Act.
(6) Information on the benefits of
including or excluding lands managed
by Bitter Lake National Wildlife Refuge
from the final critical habitat
designation.
(7) Information on any direct or
indirect impacts to the human
environment as a result of designating
critical habitat for H. paradoxus.
(8) Information on whether the draft
economic analysis identifies all local
costs attributable to the proposed
critical habitat designation and
information on any costs that have been
inadvertently overlooked.
(9) Whether the draft economic
analysis correctly assesses the effect on
regional costs associated with any land
use controls that may derive from the
designation of critical habitat.
(10) Whether the draft economic
analysis or draft environmental
assessment makes appropriate
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]]>Agencies
[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Proposed Rules]
[Pages 70266-70269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23887]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-39
[FMR Case 2007-102-1; Docket 2007-0001; Sequence 3]
RIN 3090-AI38
Federal Management Regulation; FMR Case 2007-102-1, Replacement
of Personal Property Pursuant to the Exchange/Sale Authority
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 Management Regulation (FMR) by updating coverage on the
replacement of personal property pursuant to the exchange/sale
authority. The proposed changes were prompted by recommendations of the
Federal Asset Management Evaluation (FAME) interagency working group
led by GSA.
DATES: Interested parties should submit comments in writing on or
before January 10, 2008 to be considered in the formulation of a final
rule.
ADDRESSES: Submit comments identified by FMR case 2007-102-1 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, FMR Case 2007-102-1) and click on the ``Submit'' button. You
may also search for any document by clicking on the ``Advanced search/
document search'' tab at the top of the screen, selecting from the
agency field ``General Services Administration'', and typing the FMR
case number in the keyword field. Select the ``Submit'' button.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW., Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FMR case 2007-
102-1 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: For clarification of content, contact
Mr. Robert Holcombe, Office of
[[Page 70267]]
Governmentwide Policy, Office of Travel, Transportation, and Asset
Management (MT), (202) 501-3828 or e-mail at Robert.Holcombe@gsa.gov.
For information pertaining to status or publication schedules contact
the Regulatory Secretariat, 1800 F Street, NW, Room 4035, Washington,
DC 20405, (202) 501-4755. Please cite FMR case 2007-102-1.
SUPPLEMENTARY INFORMATION:
A. Background
The regulations in this part were last substantively updated on
September 21, 2001 (66 FR 48614). Early in fiscal year 2005, a project
entitled Federal Asset Management Evaluation (FAME) was initiated to
identify any and all areas of Federal personal property management
needing improvement. An interagency working group, led by GSA, was
formed to work on the FAME project. At the conclusion of the FAME
project, the working group identified the exchange/sale authority as an
area where changes should be made. A team of GSA Office of
Governmentwide Policy employees has reviewed all of the provisions in
this part and has recommended a number of changes intended to update,
streamline, and clarify the part. The most significant changes include:
1. Adding a new section that explains the exchange/sale authority
by quoting relevant language from the statute (40 U.S.C. 503).
2. Adding definitions for ``excess property'', ``surplus property
''and ``Service Life Extension Program''.
3. Revising the definitions for ``acquire'', ``replacement'', and
``similar''.
4. Adding a new section that addresses which provisions in this
part are subject to deviation.
5. Adding a new section that explains when agencies should consider
using the exchange/sale authority.
6. Revising the section that explains why the exchange/sale
authority should be used.
7. Amending the restrictions and prohibitions applicable to the
exchange/sale of personal property, including the addition of language
which: 1) states that under no circumstances will deviations be granted
for FSC Class 1005, Guns through 30mm; and 2) clarifies the requirement
for the exchange/sale of weapons for Department of Defense property in
FSC Group 10, Weapons.
8. Removing the requirement that the number of items acquired must
equal the number of items exchanged or sold, as this is not a
requirement imposed by 40 U.S.C. 503.
9. Adding a new provision which clarifies that the exchange/sale
authority can only be used to acquire property, not services.
10. Revising the requirement for documentation of exchange/sale
transactions.
11. Revising the accounting requirements applicable to the
exchange/sale authority.
12. Revising the annual reporting requirement.
B. Executive Order 12866
This regulation is excepted from the definition of ``regulation''
or ``rule'' under Section 3(d)(3) of Executive Order 12866, Regulatory
Planning and Review, dated September 30, 1993 and, therefore, was not
subject to review under Section 6(b) of that Executive Order.
C. Regulatory Flexibility Act
This proposed rule is not required to be published in the Federal
Register for notice and comment as per the exemption specified in 5
U.S.C. 553 (a)(2); therefore, the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FMR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
E. Small Business Regulatory Enforcement Fairness Act
This proposed rule is exempt from Congressional review under 5
U.S.C. 801 since it relates solely to agency management and personnel.
List of Subjects in 41 CFR Part 102-39
Government property management, Reporting and recordkeeping
requirements, and Government property.
Dated: August 28, 2007.
Kevin Messner
Acting Associate Administrator.
Editorial Note: This document was received at the Office of the
Federal Register on December 5, 2007.
For the reasons set forth in the preamble, GSA amends 41 CFR part
102-39 as set forth below:
PART 102-39--REPLACEMENT OF PERSONAL PROPERTY PURSUANT TO THE
EXCHANGE/SALE AUTHORITY
1. The authority citation for 41 CFR part 102-39 is amended to read
as follows:
Authority: 40 U.S.C. 121(c); 40 U.S.C. 501; 40 U.S.C. 503
Sec. 102-39.50 [Removed]
2. Remove Sec. 102-39.50.
Sec. 102-39.55 [Removed]
3. Remove Sec. 102-39.55.
Sec. Sec. 102-39.5, 102-39.15, 102-39.25, 102-39.30, 102-39.35, 102-
39.40, 102-39.45, 102-39.60, 102-39.65, 102-39.70, 102-
39.75 [Redesignated]
4. Redesignate Sec. Sec. 102-39.5, 102-39.15, 102-39.25, 102-
39.30, 102-39.35, 102-39.40, 102-39.45, 102-39.60, 102-39.65, 102-
39.70, 102-39.75 as follows:
Old section New section
102-39.5 102-39.15
102-39.15 102-39.40
102-39.25 102-39.30
102-39.30 102-39.45
102-39.35 102-39.50
102-39.40 102-39.55
102-39.45 102-39.60
102-39.60 102-49.70
102-39.65 102-39.75
102-39.70 102-39.80
102-39.75 102-39.85
5. Add new Sec. 102-39.5 to read as follows:
Sec. 102-39.5 What is the exchange/sale authority?
The exchange/sale authority is a statutory provision, (40 U.S.C.
503), which states in part: ``In acquiring personal property, an
executive agency may exchange or sell similar items and may apply the
exchange allowance or proceeds of sale in whole or in part payment for
the property acquired.''
6. Amend Sec. 102-39.20 by revising the definitions of the terms
``Acquire'', ``Replacement'', and ``Similar''; and, by alphabetically
adding the terms and definitions ``Excess property'', ``Service Life
Extension Program (SLEP)'', and ``Surplus property'' to read as
follows:
Sec. 102-39.20 What definitions apply to this part?
* * * * *
Acquire means to procure or otherwise obtain personal property,
including by lease (sometimes known as rent).
* * * * *
Excess property means any personal property under the control of
any Federal agency that is no longer required for that agency's needs
or
[[Page 70268]]
responsibilities, as determined by the agency head or designee.
* * * * *
Replacement means the process of acquiring personal property to be
used in place of personal property that is still needed but:
(1) No longer adequately performs the tasks for which it is used;
or
(2) Does not meet the agency's need as well as the personal
property to be acquired.
Service Life Extension Program (SLEP) means the modification of a
personal property item undertaken to extend the life of the item beyond
what was previously planned. SLEPs extend capital asset life by
retrofit, major modification, remanufacturing, betterment, or
enhancement.
Similar means the acquired item(s) and replaced item(s):
(1) Are identical; or
(2) Fall within a single Federal Supply Classification (FSC) Group
of property (includes any and all forms of property within a single FSC
Group); or
(3) Are parts or containers for similar end items; or
(4) Are designed or constructed for the same purpose (includes any
and all forms of property regardless of the FSC Group to which they are
assigned).
Surplus property means excess personal property not required for
the needs of any Federal agency, as determined by GSA under part 102-37
of this chapter.
7. Add new Sec. 102-39.25 to Subpart A to read as follows:
Sec. 102-39.25 Which exchange/sale provisions are subject to
deviation?
All of the provisions in this part are subject to deviation (upon
presentation of adequate justification) except those mandated by
statute. See the link on ``Exchange/Sale'' at www.gsa.gov/
personalpropertypolicy for additional information on requesting
deviations from this part.
8. Revise newly redesignated Sec. 102-39.30 to read asfollows:
Sec. 102-39.30 How do I request a deviation from this part?
See part 102-2 of this chapter (41 CFR part 102-2) to request a
deviation from the requirements of this part.
9. Add new Sec. 102-39.35 to Subpart B to read as follows:
Sec. 102-39.35 When should I consider using the exchange/sale
authority?
You should consider using the exchange/sale authority when
replacing personal property.
10. Amend newly redesignated Sec. 102-39.40 to read as follows:
Sec. 102-39.40 Why should I use the exchange/sale authority?
You should use the exchange/sale authority to reduce the cost of
replacement personal property. When you have personal property that is
wearing out or obsolete and must be replaced, you should consider
either exchanging or selling that property and using the exchange
allowance or sales proceeds to offset the cost of the replacement
personal property. Conversely, if you choose not to replace the
property using the exchange/sale authority, you may declare it as
excess and dispose of it through the normal disposal process as
addressed in part 102-36 of this chapter. Keep in mind, however, that
any net proceeds from the eventual sale of that property as surplus
generally must be forwarded to the miscellaneous receipts account at
the United States Treasury and thus would not be available to you. You
may use the exchange/sale authority in the acquisition of personal
property even if the contract is for services as long as the property
acquired under the services contract is similar to the property
exchanged or sold (e.g., for a SLEP, exchange allowances or sales
proceeds would be available for replacement of similar items, but not
for services).
11. Amend newly redesignated Sec. 102-39.55 by revising the
section heading to read as follows:
Sec. 102-39.55 When should I offer property I am exchanging or
selling under the exchange/sale authority to other Federal agencies or
State Agencies for Surplus Property (SASP)?
* * * * *
12. Amend newly redesignated Sec. 102-39.60 by revising the
section heading, the introductory text, paragraph (a), the note to
paragraph (a), and paragraph (i) to read as follows:
Sec. 102-39.60 What restrictions and prohibitions apply to the
exchange/sale of personal property?
Unless a deviation is requested of and approved by GSA as addressed
in part 102-2 of this chapter and the provisions of Sec. Sec. 102-
39.25 and 102-39.30, you must not use the exchange/sale authority for:
(a) The following FSC groups of personal property:
10 Weapons.
11 Nuclear ordnance.
12 Fire control equipment.
14 Guided missiles.
15 Aircraft and airframe structural components (except FSC Class
1560 Airframe Structural Components).
42 Firefighting, rescue, and safety equipment.
44 Nuclear reactors (FSC Class 4470 only).
51 Hand tools.
54 Prefabricated structure and scaffolding (FSC Class 5410
Prefabricated and Portable Buildings, FSC Class 5411 Rigid Wall
Shelters, and FSC Class 5419 Collective Modular Support System only).
68 Chemicals and chemical products, except medicinal chemicals.
84 Clothing, individual equipment, and insignia.
Note to Sec. 102-39.60(a): Under no circumstances will deviations
be granted for FSC Class 1005, Guns through 30mm. Deviations are not
required for Department of Defense (DoD) property in FSC Groups 10 (for
classes other than FSC Class 1005), 12 and 14 for which the applicable
DoD demilitarization requirements, and any other applicable regulations
and statutes are met.
* * * * *
(i) Flight Safety Critical Aircraft Parts (FSCAP) and Critical
Safety Items (CSI) unless you meet the provisions of Sec. 102-33.370
of this title.
* * * * *
13. New Sec. 102-39.65 is added to Subpart B to read as follows:
Sec. 102-39.65 What conditions apply to the exchange/sale of personal
property?
You may use the exchange/sale authority only if you meet all of the
following conditions:
(a) The property exchanged or sold is similar to the property
acquired;
(b) The property exchanged or sold is not excess or surplus and you
have a continuing need for similar property;
(c) The property exchanged or sold was not acquired for the
principal purpose of exchange or sale;
(d) When replacing personal property, the exchange allowance or
sales proceeds from the disposition of that property may only be used
to offset the cost of the replacement property, not services; and
(e) Except for transactions involving books and periodicals in your
libraries, you document the basic facts associated with each exchange/
sale transaction. At a minimum, the documentation must include the
type, amount, and value of the property to be replaced and the property
to be acquired; the date of the transaction(s); the names of the
parties involved; and a statement that the transactions comply with the
requirements of this part 102-39.
Note to Sec. 102-39.65: In acquiring items for historical
preservation or display at Federal museums, you may exchange historic
items in the museum property account without regard to the
[[Page 70269]]
FSC group, provided the exchange transaction is documented and
certified by the head of your agency to be in the best interests of the
Government and all other provisions of this part are met. The
documentation must contain a determination that the item exchanged and
the item acquired are historic items.
14. Revise newly redesignated Sec. 102-39.80 to read as follows:
Sec. 102-39.80 What are the accounting requirements for exchange
allowances or proceeds of sale?
You must account for exchange allowances or proceeds of sale in
accordance with the general finance and accounting rules applicable to
you. Except as otherwise authorized by law, all exchange allowances or
proceeds of sale under this part will be available during the fiscal
year in which the property was sold and for one fiscal year thereafter
for the purchase of replacement property. Any proceeds of sale not
applied to replacement purchases during this time must be deposited in
the United States Treasury as miscellaneous receipts.
15. Amend newly redesignated Sec. 102-39.85 by adding paragraph
(a)(3) to read as follows:
Sec. 102-39.85 What information am I required to report?
* * * * *
(3) A list by Federal Supply Classification Group of property
acquired under this part, to include:
(i) Number of items acquired;
(ii) Acquisition cost.
* * * * *
[FR Doc. E7-23887 Filed 12-10-07; 8:45 am]
BILLING CODE 6820-14-S
