Federal Management Regulation; Donation of Surplus Personal Property, 50447-50449 [2012-20441]

Download as PDF Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Proposed Rules hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Richard Wong, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–8726. Mr. Wong can also be reached via electronic mail at wong.richard@epa.gov. For additional information see the direct final rule which is published in the Rules Section of this Federal Register. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time. SUPPLEMENTARY INFORMATION: Dated: August 7, 2012. A. Stanley Meiburg, Acting Regional Administrator, Region 4. [FR Doc. 2012–20391 Filed 8–20–12; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 41 CFR Part 102–37 [FMR Case 2012–102–2; Docket 2012–0007; Sequence 1] RIN 3090–AJ26 Federal Management Regulation; Donation of Surplus Personal Property Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Proposed rule. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 AGENCY: The General Services Administration is proposing to amend the Federal Management Regulation (FMR) by changing its personal property policy. The proposed changes will (1) include the addition of certain veterans organizations as eligible donation SUMMARY: VerDate Mar<15>2010 15:17 Aug 20, 2012 Jkt 226001 recipients as authorized by Public Law; (2) update and clarify language regarding the use of The United States Government Certificate to Obtain Title to a Vehicle, Standard Form 97 (SF 97); and (3) make minor clarifying edits to existing policies. DATES: Interested parties should submit written comments to the Regulatory Secretariat at one of the addressees shown below on or before October 22, 2012 to be considered in the formation of the final rule. ADDRESSES: Submit comments in response to FMR Case 2012–102–2 by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘FMR Case 2012–102–2’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘FMR Case 2012– 102–2.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘FMR Case 2012–102–2’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th Floor, Washington, DC 20417. Instructions: Please submit comments only and cite FMR Case 2012–102–2, in all correspondence related to this case. All comments received will be posted without change to https:// www.regulations.gov, including any personal 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), at (202) 501–3828 or by email at robert.holcombe@gsa.gov for clarification of content. For information pertaining to status or publication schedules contact the Regulatory Secretariat at (202) 501–4755. Please cite FMR Case 2012–102–2. SUPPLEMENTARY INFORMATION: A. Background This proposed amendment to part 102–37 of the Federal Management Regulation (41 CFR part 102–37) adds as potential recipients of Federal surplus property those organizations whose membership comprises substantially of veterans, as authorized by Public Law 111–338, codified at 40 U.S.C. 549(c)(3)(B)(x). This proposed amendment also adds two new subparts PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 50447 to part 102–37. The first proposed subpart updates and clarifies policy for Federal agencies and donation program customers regarding the use of SF 97, The United States Government Certificate to Obtain Title to a Vehicle. This proposed amendment clarifies that the SF 97 itself is not a motor vehicle registration or title; rather, it is only evidence of ownership required for the owner to obtain title to a vehicle. The second proposed subpart clarifies policy for Federal agencies, State Agencies for Surplus Property (SASPs), and donation program customers for insuring donated surplus property for liability or loss. This proposed amendment also contains administrative and minor clarifying changes. One of these administrative changes proposes to remove the policies on how SASPs screen for property at Federal facilities and how SASPs obtain authorizations for screening at these facilities. These sections are deleted as being outdated and unnecessarily prescriptive. Whereas SASP property screeners were previously required to apply to GSA to obtain screening authorization, under the proposed amendment, SASPs no longer need to coordinate with GSA, but instead must coordinate the on-site visit and screening with the individual holding agency or organization. Information related to screening is provided in amended section 102–37.175 and in non-regulatory guidance published by GSA. B. Executive Order 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This proposed rule is not a significant regulatory action, and therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This proposed rule is not a major rule under 5 U.S.C. 804. C. Regulatory Flexibility Act This proposed rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This proposed rule is also exempt from the E:\FR\FM\21AUP1.SGM 21AUP1 50448 Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Proposed Rules Administrative Procedure Act per 5 U.S.C. 553(a)(2) because it applies to agency management and public property. However, this proposed rule is being published 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 does not substantially affect the rights or obligations of non-agency parties. List of Subjects in 41 CFR Part 102–37 Donation of Surplus Personal Property. PART 102–37—DONATION OF SURPLUS PERSONAL PROPERTY 1. The authority for part 102–37 continues to read as follows: Authority: 40 U.S.C. 549 and 121(c). 2. Amend § 102–37.25 by alphabetically adding the definition ‘‘Allocation’’ to read as follows: What definitions apply to this pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 The following definitions apply to this part: Allocation means the process by which GSA identifies the SASP and/or donee to receive and allow pick up of the surplus property offered under this part. * * * * * 3. Amend § 102–37.50 by revising paragraph (c) to read as follows: § 102–37.50 What is the general process for requesting surplus property for donation? * * * * (c) The American National Red Cross should submit requests to GSA as described in subpart G of this part when obtaining property under the authority of 40 U.S.C. 551. * * * * * VerDate Mar<15>2010 15:17 Aug 20, 2012 Jkt 226001 § 102–37.125 What are some donations that do not require GSA’s approval? (a) * * * (3) Donations by the Small Business Administration (SBA) to small disadvantaged businesses under 13 CFR part 124 (although collaboration and agreement between the SBA, SASPs, and GSA is encouraged); and * * * * * 6. Amend § 102–37.175 by— (a) Removing ‘‘GSA’s system, FEDS)’’ and adding ‘‘GSAXcess)’’ in its place; (b) Designating the existing paragraph as paragraph (a); and (c) Adding a new paragraph (b) to read as follows: * For the reasons set forth in the preamble, GSA proposes to amend 41 CFR part 102–37 as set forth below: * [Amended] 4. Amend § 102–37.60 in the first sentence by removing the words ‘‘being notified that the property is available for pickup’’ and adding the words ‘‘GSA allocation’’ in its place. 5. Amend § 102–37.125 by revising paragraph (a)(3) to read as follows: § 102–37.175 How does a SASP find out what property is potentially available for donation? Dated: August 6, 2012. Kathleen M. Turco, Associate Administrator, Office of Governmentwide Policy. § 102–37.25 part? § 102–37.60 * * * * (b) For the SASP (or a SASP’s representative) to perform onsite screening, the screener must coordinate the onsite visit and screening with the individual holding agency or organization. The screener should ascertain the identification required and any special procedures for access to the facility or location. §§ 102–37.180 and 102–37.185 [Removed and Reserved] 7. Remove and reserve §§ 102–37.180 and 102–37.185 . 8. Amend § 102–37.380 by adding paragraph (b)(18) to read as follows: § 102–37.380 What is the statutory authority for donations of surplus Federal property made under this subpart? * * * * * (b) * * * (18) Organizations whose membership comprises substantially veterans (as defined under 38 U.S.C. 101), and whose representatives are recognized by the Secretary of Veterans Affairs pursuant to the provisions of 38 U.S.C. 5902. In this subsection, ‘‘substantially veterans’’ means at least 30 percent of the members of the requesting organization are classified as veterans, as that term is defined by 38 U.S.C. 101. The Department of Veterans Affairs maintains a searchable Web site of recognized organizations. The address is https://www.va.gov/ogc/apps/ accreditation/index.asp. * * * * * PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 9. Amend § 102–37.420 by adding a second and a third sentence to read as follows: § 102–37.420 May a SASP grant conditional eligibility to applicants who would otherwise qualify as eligible donees, but have been unable to obtain approval, accreditation, or licensing because they are newly organized or their facilities are not yet constructed? * * * In situations where there are no approvals, accreditation or licensing entities, the SASP may make a determination on conditional eligibility based on its State Plan and the provisions of this part. Conditional eligibility may be granted for a limited and reasonable time, not to exceed one year. 10. Amend § 102–37.430 by adding a third sentence to read as follows: § 102–37.430 What property can a SASP make available to a donee with conditional eligibility? * * * If property is provided to the donee with conditional eligibility, and the conditional eligibility lapses (see § 102–37.420), the property must be returned to the SASP for redistribution or disposal. 11. Add Subparts I and J consisting of §§ 102–37.585 through 102–37.600 and § 102–37.605 through 102–37.610 respectively to read as follows: Subpart I—Transfer of Vehicle Title to A Donee Sec. 102–37.585 In transferring donated surplus vehicles, what is the responsibility of the holding agency? 102–37.590 In transferring donated surplus vehicles, what is the responsibility of the SASP? 102–37.595 When transferring donated surplus vehicles, what is the responsibility of the donee? 102–37.600 When does title to a surplus donated vehicle change hands? Subpart I—Transfer of Vehicle Title to A Donee § 102–37.585 In transferring donated surplus vehicles, what is the responsibility of the holding agency? The holding agency is responsible for preparing The United States Government Certificate to Obtain Title to a Vehicle, (Standard Form 97 (SF 97)) upon notification by GSA that a vehicle has been allocated. The SF 97 may be prepared by GSA if mutually agreed upon by the holding agency and GSA. The holding agency is designated as the ‘‘transferor.’’ The SF 97 is a serially numbered, controlled form, stock number 7540–00–634–4047, which can be obtained by Federal agencies from E:\FR\FM\21AUP1.SGM 21AUP1 Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Proposed Rules GSA Global Supply or online at www.gsaglobalsupply.gsa.gov. § 102–37.590 In transferring donated surplus vehicles, what is the responsibility of the SASP? The SASP is responsible for facilitating the transfer of the surplus vehicle to the donee in accordance with this part. The SASP should not sign the SF 97 as ‘‘transferee’’ unless the vehicle will be used and titled by the SASP. § 102–37.595 When transferring donated surplus vehicles, what is the responsibility of the donee? The donee is responsible for processing the SF 97 in accordance with state licensing and titling authorities. The donee signs the SF 97 as ‘‘transferee.’’ The donee is responsible for notifying the SASP if a SF 97 is not provided by the Government within a reasonable time after vehicle transfer. § 102–37.600 When does title to a surplus donated vehicle change hands? Title to the vehicle rests with the holding agency until the SF 97 is signed by the transferee. At that point, the transferee will hold conditional title until the end of the period of restriction, if applicable, under the terms of the donation. Subpart J—Insuring Donated Surplus Property Sec. 102–37.605 Is insurance required for liability purposes? 102–37.610 If there is a property loss covered by insurance, who is entitled to reimbursement? Subpart J—Insuring Donated Surplus Property § 102–37.605 Is insurance required for liability purposes? pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 Yes, for vehicles, the SASP and/or the transferee must follow state laws for insurance requirements of state owned vehicles and state minimum insurance requirements for other than state owned vehicles. For other assets, insurance must be acquired to at least the minimum amount as mandated by applicable law or regulation. (b) If the loss occurs while the property is insured and in the possession (or under the control) of the donee, the donee may retain proceeds to cover the costs that the donee incurred to acquire and rehabilitate the property prior to its loss. Entitlement to insurance proceeds in excess of the costs incurred by the donee depends on the time of the loss in relation to the period of restriction if the loss was incurred: (1) During the period of restriction imposed by GSA (e.g., typically up to the first year unless otherwise designated), the U.S. Government is entitled to the insurance proceeds, less any interest provided by the Government to the SASP to cover the SASP’s expenses in enforcing the restriction up to the time of the loss. (2) During an additional period of restriction imposed by the SASP (e.g., beyond the one year usually imposed by GSA), the SASP is entitled to the proceeds. (3) After all periods of restriction imposed by the GSA and/or SASP, the donee is entitled to the proceeds. 12. Amend Appendix C to part 102– 37 by alphabetically adding the definition of ‘‘Veterans Organizations’’ to read as follows: Appendix C to Part 102–37—Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations * * * * * Veterans Organizations means organizations eligible to receive Federal surplus property under Public Law 111–338, as codified at 40 U.S.C. 549(c)(3)(B)(x), whose (1) membership comprises substantially veterans (as defined under 38 U.S.C.101); and (2) representatives are recognized by the Secretary of Veterans Affairs under 38 U.S.C. 5902. The Department of Veterans Affairs maintains a searchable Web site of recognized organizations. The address is https:// www.va.gov/ogc/apps/accreditation/ index.asp. [FR Doc. 2012–20441 Filed 8–20–12; 8:45 am] § 102–37.610 If there is a property loss covered by insurance, who is entitled to reimbursement? BILLING CODE 6820–14–P (a) If the loss occurs while the property is insured and in the possession (or under the control) of the SASP, the SASP may retain proceeds to cover the SASP’s costs incurred to acquire and rehabilitate the property prior to its loss. GSA is entitled to proceeds in excess of the costs incurred by the state. VerDate Mar<15>2010 15:17 Aug 20, 2012 Jkt 226001 PO 00000 DEPARTMENT OF HOMELAND SECURITY 48 CFR Parts 3016 and 3052 [Docket No. DHS–2012–0050] RIN 1601–AA65 Revision of Department of Homeland Security Acquisition Regulation; Contractor Billing and Subcontractor Labor Hour Rates Under Time and Materials Contracts (HSAR Case 2010– 001) Office of the Chief Procurement Officer, DHS. ACTION: Notice of proposed rulemaking. AGENCY: The Department of Homeland Security (DHS) is proposing to amend its Homeland Security Acquisition Regulation to require contracts for time and material or labor hours to include separate labor hour rates for subcontractors and a description of the method that will be used to record and bill for labor hours for both contractors and subcontractors. DATES: Comments and related material submitted electronically must be submitted to the Federal eRulemaking Portal https://www.regulations.gov on or before October 22, 2012. Comments and related material submitted by mail must reach the Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation Branch at the address shown below on or before October 22, 2012 to be considered in the formation of the final rule. ADDRESSES: You may submit comments identified by DHS docket number DHS– 2012–0050, using any one of the following methods: (1) Via the Internet at the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments and use docket number DHS–2012– 0050. (2) By mail to the Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation Branch, ATTN: Jeremy Olson, 245 Murray Lane, Bldg. 410 (RDS), Washington, DC 20528. FOR FURTHER INFORMATION CONTACT: Jeremy Olson, Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation Branch, (202) 447–5197, or by email at Jerry.Olson@dhs.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Request for Comments II. Background III. Discussion of Proposed Rule IV. Regulatory Requirements Frm 00060 Fmt 4702 Sfmt 4702 50449 E:\FR\FM\21AUP1.SGM 21AUP1

Agencies

General Services Administration

[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Proposed Rules]
[Pages 50447-50449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20441]

=======================================================================
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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-37

[FMR Case 2012-102-2; Docket 2012-0007; Sequence 1]
RIN 3090-AJ26

Federal Management Regulation; Donation of Surplus Personal
Property

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

ACTION: Proposed rule.

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

SUMMARY: The General Services Administration is proposing to amend the
Federal Management Regulation (FMR) by changing its personal property
policy. The proposed changes will (1) include the addition of certain
veterans organizations as eligible donation recipients as authorized by
Public Law; (2) update and clarify language regarding the use of The
United States Government Certificate to Obtain Title to a Vehicle,
Standard Form 97 (SF 97); and (3) make minor clarifying edits to
existing policies.

DATES: Interested parties should submit written comments to the
Regulatory Secretariat at one of the addressees shown below on or
before October 22, 2012 to be considered in the formation of the final
rule.

ADDRESSES: Submit comments in response to FMR Case 2012-102-2 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FMR Case
2012-102-2'' under the heading ``Enter Keyword or ID'' and selecting
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``FMR Case 2012-102-2.'' Follow the instructions provided at the
``Submit a Comment'' screen. Please include your name, company name (if
any), and ``FMR Case 2012-102-2'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th
Floor, Washington, DC 20417.
Instructions: Please submit comments only and cite FMR Case 2012-
102-2, in all correspondence related to this case. All comments
received will be posted without change to https://www.regulations.gov,
including any personal 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), at (202) 501-3828 or by email at
robert.holcombe@gsa.gov for clarification of content. For information
pertaining to status or publication schedules contact the Regulatory
Secretariat at (202) 501-4755. Please cite FMR Case 2012-102-2.

SUPPLEMENTARY INFORMATION:

A. Background

This proposed amendment to part 102-37 of the Federal Management
Regulation (41 CFR part 102-37) adds as potential recipients of Federal
surplus property those organizations whose membership comprises
substantially of veterans, as authorized by Public Law 111-338,
codified at 40 U.S.C. 549(c)(3)(B)(x). This proposed amendment also
adds two new subparts to part 102-37. The first proposed subpart
updates and clarifies policy for Federal agencies and donation program
customers regarding the use of SF 97, The United States Government
Certificate to Obtain Title to a Vehicle. This proposed amendment
clarifies that the SF 97 itself is not a motor vehicle registration or
title; rather, it is only evidence of ownership required for the owner
to obtain title to a vehicle. The second proposed subpart clarifies
policy for Federal agencies, State Agencies for Surplus Property
(SASPs), and donation program customers for insuring donated surplus
property for liability or loss. This proposed amendment also contains
administrative and minor clarifying changes. One of these
administrative changes proposes to remove the policies on how SASPs
screen for property at Federal facilities and how SASPs obtain
authorizations for screening at these facilities. These sections are
deleted as being outdated and unnecessarily prescriptive. Whereas SASP
property screeners were previously required to apply to GSA to obtain
screening authorization, under the proposed amendment, SASPs no longer
need to coordinate with GSA, but instead must coordinate the on-site
visit and screening with the individual holding agency or organization.
Information related to screening is provided in amended section 102-
37.175 and in non-regulatory guidance published by GSA.

B. Executive Order 12866 and 13563

Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This proposed rule is not a significant regulatory action,
and therefore, was not subject to review under Section 6(b) of
Executive Order 12866, Regulatory Planning and Review, dated September
30, 1993. This proposed rule is not a major rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

This proposed rule will not have a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This proposed rule is
also exempt from the

[[Page 50448]]

Administrative Procedure Act per 5 U.S.C. 553(a)(2) because it applies
to agency management and public property. However, this proposed rule
is being published 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 does not substantially affect the rights or
obligations of non-agency parties.

List of Subjects in 41 CFR Part 102-37

Donation of Surplus Personal Property.

Dated: August 6, 2012.
Kathleen M. Turco,
Associate Administrator, Office of Governmentwide Policy.

For the reasons set forth in the preamble, GSA proposes to amend 41
CFR part 102-37 as set forth below:

PART 102-37--DONATION OF SURPLUS PERSONAL PROPERTY

1. The authority for part 102-37 continues to read as follows:

Authority: 40 U.S.C. 549 and 121(c).

2. Amend Sec. 102-37.25 by alphabetically adding the definition
``Allocation'' to read as follows:

Sec. 102-37.25 What definitions apply to this part?

The following definitions apply to this part:
Allocation means the process by which GSA identifies the SASP and/
or donee to receive and allow pick up of the surplus property offered
under this part.
* * * * *
3. Amend Sec. 102-37.50 by revising paragraph (c) to read as
follows:

Sec. 102-37.50 What is the general process for requesting surplus
property for donation?

* * * * *
(c) The American National Red Cross should submit requests to GSA
as described in subpart G of this part when obtaining property under
the authority of 40 U.S.C. 551.
* * * * *

Sec. 102-37.60 [Amended]

4. Amend Sec. 102-37.60 in the first sentence by removing the
words ``being notified that the property is available for pickup'' and
adding the words ``GSA allocation'' in its place.
5. Amend Sec. 102-37.125 by revising paragraph (a)(3) to read as
follows:

Sec. 102-37.125 What are some donations that do not require GSA's
approval?

(a) * * *
(3) Donations by the Small Business Administration (SBA) to small
disadvantaged businesses under 13 CFR part 124 (although collaboration
and agreement between the SBA, SASPs, and GSA is encouraged); and
* * * * *
6. Amend Sec. 102-37.175 by--
(a) Removing ``GSA's system, FEDS)'' and adding ``GSAXcess)'' in
its place;
(b) Designating the existing paragraph as paragraph (a); and
(c) Adding a new paragraph (b) to read as follows:

Sec. 102-37.175 How does a SASP find out what property is potentially
available for donation?

* * * * *
(b) For the SASP (or a SASP's representative) to perform onsite
screening, the screener must coordinate the onsite visit and screening
with the individual holding agency or organization. The screener should
ascertain the identification required and any special procedures for
access to the facility or location.
Sec. Sec. 102-37.180 and 102-37.185 [Removed and Reserved]
7. Remove and reserve Sec. Sec. 102-37.180 and 102-37.185 .
8. Amend Sec. 102-37.380 by adding paragraph (b)(18) to read as
follows:

Sec. 102-37.380 What is the statutory authority for donations of
surplus Federal property made under this subpart?

* * * * *
(b) * * *
(18) Organizations whose membership comprises substantially
veterans (as defined under 38 U.S.C. 101), and whose representatives
are recognized by the Secretary of Veterans Affairs pursuant to the
provisions of 38 U.S.C. 5902. In this subsection, ``substantially
veterans'' means at least 30 percent of the members of the requesting
organization are classified as veterans, as that term is defined by 38
U.S.C. 101. The Department of Veterans Affairs maintains a searchable
Web site of recognized organizations. The address is https://www.va.gov/ogc/apps/accreditation/index.asp.
* * * * *
9. Amend Sec. 102-37.420 by adding a second and a third sentence
to read as follows:

Sec. 102-37.420 May a SASP grant conditional eligibility to
applicants who would otherwise qualify as eligible donees, but have
been unable to obtain approval, accreditation, or licensing because
they are newly organized or their facilities are not yet constructed?

* * * In situations where there are no approvals, accreditation or
licensing entities, the SASP may make a determination on conditional
eligibility based on its State Plan and the provisions of this part.
Conditional eligibility may be granted for a limited and reasonable
time, not to exceed one year.
10. Amend Sec. 102-37.430 by adding a third sentence to read as
follows:

Sec. 102-37.430 What property can a SASP make available to a donee
with conditional eligibility?

* * * If property is provided to the donee with conditional
eligibility, and the conditional eligibility lapses (see Sec. 102-
37.420), the property must be returned to the SASP for redistribution
or disposal.
11. Add Subparts I and J consisting of Sec. Sec. 102-37.585
through 102-37.600 and Sec. 102-37.605 through 102-37.610 respectively
to read as follows:
Subpart I--Transfer of Vehicle Title to A Donee
Sec.
102-37.585 In transferring donated surplus vehicles, what is the
responsibility of the holding agency?
102-37.590 In transferring donated surplus vehicles, what is the
responsibility of the SASP?
102-37.595 When transferring donated surplus vehicles, what is the
responsibility of the donee?
102-37.600 When does title to a surplus donated vehicle change
hands?

Subpart I--Transfer of Vehicle Title to A Donee

Sec. 102-37.585 In transferring donated surplus vehicles, what is the
responsibility of the holding agency?

The holding agency is responsible for preparing The United States
Government Certificate to Obtain Title to a Vehicle, (Standard Form 97
(SF 97)) upon notification by GSA that a vehicle has been allocated.
The SF 97 may be prepared by GSA if mutually agreed upon by the holding
agency and GSA. The holding agency is designated as the ``transferor.''
The SF 97 is a serially numbered, controlled form, stock number 7540-
00-634-4047, which can be obtained by Federal agencies from

[[Page 50449]]

GSA Global Supply or online at www.gsaglobalsupply.gsa.gov.

Sec. 102-37.590 In transferring donated surplus vehicles, what is the
responsibility of the SASP?

The SASP is responsible for facilitating the transfer of the
surplus vehicle to the donee in accordance with this part. The SASP
should not sign the SF 97 as ``transferee'' unless the vehicle will be
used and titled by the SASP.

Sec. 102-37.595 When transferring donated surplus vehicles, what is
the responsibility of the donee?

The donee is responsible for processing the SF 97 in accordance
with state licensing and titling authorities. The donee signs the SF 97
as ``transferee.'' The donee is responsible for notifying the SASP if a
SF 97 is not provided by the Government within a reasonable time after
vehicle transfer.

Sec. 102-37.600 When does title to a surplus donated vehicle change
hands?

Title to the vehicle rests with the holding agency until the SF 97
is signed by the transferee. At that point, the transferee will hold
conditional title until the end of the period of restriction, if
applicable, under the terms of the donation.
Subpart J--Insuring Donated Surplus Property
Sec.
102-37.605 Is insurance required for liability purposes?
102-37.610 If there is a property loss covered by insurance, who is
entitled to reimbursement?

Subpart J--Insuring Donated Surplus Property

Sec. 102-37.605 Is insurance required for liability purposes?

Yes, for vehicles, the SASP and/or the transferee must follow state
laws for insurance requirements of state owned vehicles and state
minimum insurance requirements for other than state owned vehicles. For
other assets, insurance must be acquired to at least the minimum amount
as mandated by applicable law or regulation.

Sec. 102-37.610 If there is a property loss covered by insurance, who
is entitled to reimbursement?

(a) If the loss occurs while the property is insured and in the
possession (or under the control) of the SASP, the SASP may retain
proceeds to cover the SASP's costs incurred to acquire and rehabilitate
the property prior to its loss. GSA is entitled to proceeds in excess
of the costs incurred by the state.
(b) If the loss occurs while the property is insured and in the
possession (or under the control) of the donee, the donee may retain
proceeds to cover the costs that the donee incurred to acquire and
rehabilitate the property prior to its loss. Entitlement to insurance
proceeds in excess of the costs incurred by the donee depends on the
time of the loss in relation to the period of restriction if the loss
was incurred:
(1) During the period of restriction imposed by GSA (e.g.,
typically up to the first year unless otherwise designated), the U.S.
Government is entitled to the insurance proceeds, less any interest
provided by the Government to the SASP to cover the SASP's expenses in
enforcing the restriction up to the time of the loss.
(2) During an additional period of restriction imposed by the SASP
(e.g., beyond the one year usually imposed by GSA), the SASP is
entitled to the proceeds.
(3) After all periods of restriction imposed by the GSA and/or
SASP, the donee is entitled to the proceeds.
12. Amend Appendix C to part 102-37 by alphabetically adding the
definition of ``Veterans Organizations'' to read as follows:

Appendix C to Part 102-37--Glossary of Terms for Determining
Eligibility of Public Agencies and Nonprofit Organizations

* * * * *
Veterans Organizations means organizations eligible to receive
Federal surplus property under Public Law 111-338, as codified at 40
U.S.C. 549(c)(3)(B)(x), whose (1) membership comprises substantially
veterans (as defined under 38 U.S.C.101); and (2) representatives
are recognized by the Secretary of Veterans Affairs under 38 U.S.C.
5902. The Department of Veterans Affairs maintains a searchable Web
site of recognized organizations. The address is https://www.va.gov/ogc/apps/accreditation/index.asp.

[FR Doc. 2012-20441 Filed 8-20-12; 8:45 am]
BILLING CODE 6820-14-P

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