Federal Management Regulation; Replacement of Personal Property Pursuant to the Exchange/Sale Authority, 30493-30494 [E9-15157]

Download as PDF Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Proposed Rules Commodity Parts per million Animal feed, nongrass, group 18 .......................................... Barley, grain ............................. Barley, hay ................................ Barley, straw ............................. Buckwheat, grain ...................... Millet, forage ............................. Millet, grain ............................... Millet, hay ................................. Millet, straw ............................... Oat, forage ................................ Oat, grain .................................. Oat, hay .................................... Oat, straw ................................. Rice, grain ................................ Rye, forage ............................... Rye, grain ................................. Rye, straw ................................. Wheat, forage ........................... Wheat, grain ............................. Wheat, hay ............................... Wheat, straw ............................. GENERAL SERVICES ADMINISTRATION 41 CFR Part 102–39 1.0 0.10 0.50 0.50 0.10 0.50 0.10 0.50 0.50 0.50 0.10 0.50 0.50 0.10 0.50 0.10 0.50 0.50 0.10 0.50 0.50 [FMR Case 2009–102–3; Docket No. 2009– 0002, Sequence 3] RIN 3090–AI92 Federal Management Regulation; Replacement of Personal Property Pursuant to the Exchange/Sale Authority AGENCY: Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Proposed rule. SUMMARY: The General Services Administration (GSA) is proposing to amend the Federal Management Regulation (FMR) by making changes to its policy on the replacement of personal property pursuant to the exchange/sale authority. DATES: Interested parties should submit * * * * * comments in writing on or before July 4. Section 180.511 is amended by 27, 2009 to be considered in the removing the entry for ‘‘Guave’’ and formulation of a final rule. adding the following commodity to the ADDRESSES: Submit comments table in paragraph (a) to read as follows: identified by FMR case 2009–102–3 by any of the following methods: § 180.511 Buprofezin; tolerances for • Regulations.gov: http:// residues. www.regulations.gov. Submit comments (a) General. * * * via the Federal eRulemaking portal by inputting ‘‘FMR Case 2009–102–3’’ Parts per under the heading ‘‘Search Documents’’. Commodity million Select the link ‘‘Send a Comment or Guava ....................................... 0.3 Submission’’ that corresponds with FMR Case 2009–102–3. Follow the instructions provided to complete the * * * * * ‘‘Public Comment and Submission 5. Section 180.572 is amended by Form’’. Please include your name, removing the entry for ‘‘Guave’’ and company name (if any), and ‘‘FMR Case adding the following commodity to the 2009–102–3’’ on your attached table in paragraph (a) to read as follows: document. • Fax: 202–501–4067. § 180.572 Bifenazate; tolerances for • Mail: General Services residues. Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, (a) General. * * * ATTN: Hada Flowers, Washington, DC 20405. Parts per Commodity million Instructions: Please submit comments only and cite FMR Case 2009–102–3 in Guava ....................................... 0.9 all correspondence related to this case. All comments received will be posted * * * * * without change to http:// [FR Doc. E9–15139 Filed 6–25–09; 8:45 am] www.regulations.gov, including any BILLING CODE 6560–50–S personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Mr. Robert Holcombe, Office of Governmentwide Policy, Office of Travel, Transportation, and Asset Management (MT), (202) 501–3838 or e-mail at robert.holcombe@gsa.gov. For information pertaining to status or publication schedules contact the VerDate Nov<24>2008 16:15 Jun 25, 2009 Jkt 217001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 30493 Regulatory Secretariat, 1800 F Street, NW., Room 4041, Washington, DC 20405, (202) 501–4755. Please cite FMR Case 2009–102–3. SUPPLEMENTARY INFORMATION: A. Background This proposed rule would remove the exchange/sale prohibition on aircraft and airframe structural components, subject to certain conditions. These commodities have been included on the list of properties normally ineligible for exchange/sale so that the acquisition and disposal of these commodities could be managed more closely. To conduct an exchange/sale of such commodities (which is encouraged to reduce the agency costs of managing their aircraft fleets), agencies have been required to submit deviation requests for approval by GSA. Adequate tools are now available for managing these assets without going through the timeconsuming and onerous deviation process. Further, removing these commodities from the ‘‘prohibited list’’ should not have a detrimental impact on the donation of such property. Finally, although agencies would no longer need to request deviations from GSA, a provision would be added to alert agencies that they must comply with the restrictions and limitations on the disposal of aircraft and aircraft parts contained in 41 CFR part 102–33. This proposed rule would also remove the prohibition on using scrap in an exchange/sale transaction when the property has utility and value at the time an exchange/sale determination is made. This clarification would address situations where the dismantling or removal of property may render the property as ‘‘scrap’’, but where replacement of similar property is still required. Finally, this proposed rule would make a clerical correction to § 102– 39.80 to clarify that the time limit restriction on use of exchange/sale exchange allowances is the same as the restriction for use of exchange/sale sales proceeds. B. Executive Order 12866 This proposed rule 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 comment. Therefore, the Regulatory E:\FR\FM\26JNP1.SGM 26JNP1 30494 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Proposed Rules 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. [FR Doc. E9–15157 Filed 6–25–09; 8:45 am] E. Small Business Regulatory Enforcement Fairness Act 48 CFR Parts 704, 713, 714, 715, 744, and 752 rulemaking. All comments received will be included in the public docket without change and will be made available online at http:// www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Jennifer Norling, Telephone: 202–712– 1807, E-mail: AIDARPartnerVetting@usaid.gov. This proposed rule is exempt from Congressional review under 5 U.S.C. 801 since it relates solely to agency management and personnel. RIN 0412–AA63 SUPPLEMENTARY INFORMATION: Flexibility Act does not apply. However, this proposed rule is being published in order to elicit comments and to provide transparency in the promulgation of federal policies. D. Paperwork Reduction Act Government property management and Personal property. Dated: May 26, 2009. Stan Kaczmarczyk, Acting Associate Administrator, Office of Governmentwide Policy. For the reasons set forth in the preamble, GSA proposes to amend 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 continues to read as follows: Authority: 40 U.S.C. 121(c); 40 U.S.C. 503. 2. Amend § 102–39.60— a. In paragraph (a) by removing the fifth entry ‘‘15 Aircraft and airframe structural components (except FSC Class 1560 Airframe Structural Components).’’; b. Revising paragraph (e); and c. Adding paragraph (m). The revision and addition read as follows: § 102–39.60 What restrictions and prohibitions apply to the exchange/sale of personal property? * * * * (e) Property with a condition code of scrap, as defined at FMR 102–36.40, except: (1) Property that has utility and value at the point in time when a determination is made to use the exchange/sale authority; or (2) Scrap gold for fine gold. * * * * * (m) Aircraft and aircraft parts, unless there is full compliance with all aircraft and aircraft parts restrictions and VerDate Nov<24>2008 16:15 Jun 25, 2009 Jkt 217001 § 102–39.80 [Amended] 3. Amend § 102–39.80, second sentence, by adding ‘‘exchanged or’’ before ‘‘sold’’. BILLING CODE 6820–14–P AGENCY FOR INTERNATIONAL DEVELOPMENT Partner Vetting in USAID Acquisitions List of Subjects in 41 CFR Part 102–39 * limitations in FMR part 102–33 (41 CFR part 102–33). AGENCY: United States Agency for International Development. ACTION: Proposed rule. SUMMARY: The U.S. Agency for International Development (USAID) is considering implementation of a Partner Vetting System for USAID assistance and acquisition awards. The purpose of the Partner Vetting System is to help ensure that USAID funds and other resources do not inadvertently benefit individuals or entities that are terrorists, supporters of terrorists or affiliated with terrorists, while also minimizing the impact on USAID programs and its implementing partners. In order to apply the Partner Vetting System to USAID acquisitions, USAID is proposing to amend 48 CFR Chapter 7. The agency will not apply the Partner Vetting System to USAID acquisitions until after review of the public comments submitted under this proposed rule and promulgation of a final rule by USAID. DATES: Submit comments on or before August 25, 2009. ADDRESSES: You may submit comments, identified by RIN number 0412–AA63, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: AIDARPartnerVetting@usaid.gov. Include RIN number 0412–AA63 in the subject line of the message. • Fax: 202–216–3135. • Mail: U.S. Agency for International Development, Office of Acquisition & Assistance, Policy Division, 1300 Pennsylvania Avenue, NW., Room 7.9– 8, Washington, DC 20523–0001. Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 Public Participation: USAID welcomes all comments on this proposed rule, but would most particularly appreciate comments addressing the proposed process for separating source selection from vetting. Additionally, we would appreciate comments on the proposed timing for vetting. Because security screening precautions have slowed the delivery and dependability of surface mail and hand delivery to USAID/Washington, USAID recommends sending all comments to the Federal eRulemaking Portal. The e-mail address and fax number listed above are provided in the event that submission to the Federal eRulemaking Portal is not convenient (all comments must be in writing to be reviewed). You may submit comments by electronic mail, avoiding the use of any special characters and any form of encryption. A. Background In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, USAID established a new system of records (see 72 FR 39042), entitled the ‘‘Partner Vetting System’’ (PVS) to support the vetting of key individuals of non-governmental organizations (NGOs) who apply for USAID contracts, grants, cooperative agreements, or other funding and of NGOs who apply for registrations with USAID as Private and Voluntary Organizations. In January 2009, USAID published a final rule (74 FR 9) to add PVS to its Privacy Act regulation, 22 CFR 215, and to exempt portions of this system of records from one or more provisions of the Privacy Act. The supplementary information to this final rule provided a comprehensive discussion of the legal basis for partner vetting. The effective date for the PVS Privacy Act final rule has been extended three times, most recently on May 4, 2009 (see 74 FR 20871) and at this time, USAID E:\FR\FM\26JNP1.SGM 26JNP1

Agencies

[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Proposed Rules]
[Pages 30493-30494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15157]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-39

[FMR Case 2009-102-3; Docket No. 2009-0002, Sequence 3]
RIN 3090-AI92


Federal Management Regulation; Replacement of Personal Property 
Pursuant to the Exchange/Sale Authority

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

ACTION: Proposed rule.

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

SUMMARY: The General Services Administration (GSA) is proposing to 
amend the Federal Management Regulation (FMR) by making changes to its 
policy on the replacement of personal property pursuant to the 
exchange/sale authority.

DATES: Interested parties should submit comments in writing on or 
before July 27, 2009 to be considered in the formulation of a final 
rule.

ADDRESSES: Submit comments identified by FMR case 2009-102-3 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by inputting ``FMR Case 
2009-102-3'' under the heading ``Search Documents''. Select the link 
``Send a Comment or Submission'' that corresponds with FMR Case 2009-
102-3. Follow the instructions provided to complete the ``Public 
Comment and Submission Form''. Please include your name, company name 
(if any), and ``FMR Case 2009-102-3'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FMR Case 2009-
102-3 in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Holcombe, Office of 
Governmentwide Policy, Office of Travel, Transportation, and Asset 
Management (MT), (202) 501-3838 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 4041, Washington, 
DC 20405, (202) 501-4755. Please cite FMR Case 2009-102-3.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule would remove the exchange/sale prohibition on 
aircraft and airframe structural components, subject to certain 
conditions. These commodities have been included on the list of 
properties normally ineligible for exchange/sale so that the 
acquisition and disposal of these commodities could be managed more 
closely. To conduct an exchange/sale of such commodities (which is 
encouraged to reduce the agency costs of managing their aircraft 
fleets), agencies have been required to submit deviation requests for 
approval by GSA. Adequate tools are now available for managing these 
assets without going through the time-consuming and onerous deviation 
process. Further, removing these commodities from the ``prohibited 
list'' should not have a detrimental impact on the donation of such 
property. Finally, although agencies would no longer need to request 
deviations from GSA, a provision would be added to alert agencies that 
they must comply with the restrictions and limitations on the disposal 
of aircraft and aircraft parts contained in 41 CFR part 102-33.
    This proposed rule would also remove the prohibition on using scrap 
in an exchange/sale transaction when the property has utility and value 
at the time an exchange/sale determination is made. This clarification 
would address situations where the dismantling or removal of property 
may render the property as ``scrap'', but where replacement of similar 
property is still required.
    Finally, this proposed rule would make a clerical correction to 
Sec.  102-39.80 to clarify that the time limit restriction on use of 
exchange/sale exchange allowances is the same as the restriction for 
use of exchange/sale sales proceeds.

B. Executive Order 12866

    This proposed rule 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 comment. Therefore, the Regulatory

[[Page 30494]]

Flexibility Act does not apply. However, this proposed rule is being 
published in order to elicit comments and to provide transparency in 
the promulgation of federal policies.

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 and Personal property.

    Dated: May 26, 2009.
Stan Kaczmarczyk,
Acting Associate Administrator, Office of Governmentwide Policy.

    For the reasons set forth in the preamble, GSA proposes to amend 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 continues to read 
as follows:

    Authority:  40 U.S.C. 121(c); 40 U.S.C. 503.

    2. Amend Sec.  102-39.60--
    a. In paragraph (a) by removing the fifth entry ``15 Aircraft and 
airframe structural components (except FSC Class 1560 Airframe 
Structural Components).'';
    b. Revising paragraph (e); and
    c. Adding paragraph (m).
    The revision and addition read as follows:


Sec.  102-39.60  What restrictions and prohibitions apply to the 
exchange/sale of personal property?

* * * * *
    (e) Property with a condition code of scrap, as defined at FMR 102-
36.40, except:
    (1) Property that has utility and value at the point in time when a 
determination is made to use the exchange/sale authority; or
    (2) Scrap gold for fine gold.
* * * * *
    (m) Aircraft and aircraft parts, unless there is full compliance 
with all aircraft and aircraft parts restrictions and limitations in 
FMR part 102-33 (41 CFR part 102-33).


Sec.  102-39.80  [Amended]

    3. Amend Sec.  102-39.80, second sentence, by adding ``exchanged 
or'' before ``sold''.

[FR Doc. E9-15157 Filed 6-25-09; 8:45 am]
BILLING CODE 6820-14-P