Federal Management Regulation (FMR); Personal Property; Multiple Repeal or Replace Regulatory Actions; Multiple FMR Parts, 35236-35238 [2020-10830]
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35236
Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Proposed Rules
RIN 3090–AJ98
A. Background
Federal Management Regulation
(FMR); Personal Property; Multiple
Repeal or Replace Regulatory Actions;
Multiple FMR Parts
Executive Order (E.O.) 13777,
‘Enforcing the Regulatory Reform
Agenda,’ was signed February 24, 2017.
This E.O. tasked Executive Agencies to
‘‘evaluate existing regulations (as
defined in section 4 of Executive Order
13771) and make recommendations to
the agency head regarding their repeal,
replacement, or modification, consistent
with applicable law.’’
Under the guidance of E.O. 13777,
GSA sought public comments on
improving FMR regulations through a
Federal Register Notice (MA–2017–03)
published on May 30, 2017, at 82 FR
24651. Concurrently, GSA sought
comments and recommendations from
Federal agencies, GSA subject matter
experts, and other stakeholders and
customers.
The comments and recommendations
elicited from the Federal Register notice
were reviewed and categorized by GSA
as ‘‘repeal’’, ‘‘replace’’, or ‘‘modify’’
actions. In accordance with the
guidance in E.O. 13777, GSA prioritized
repeal and replace actions as more
important than the modify actions. The
comments and recommendations
categorized as repeal and replace are
addressed in this proposed rule. Two
other repeal or replace
recommendations addressing (1) agency
asset management systems and (2) use
of voluntary consensus standards were
not included in this proposed rule as
GSA determined that it does not have
the legal authority to promulgate
regulations addressing property in use
by an agency before it is reported to
GSA as excess.
Provisions in this proposed rule make
the FMR policies addressing personal
property management more
understandable and easier to read. This
proposed rule addresses the following:
1. Consolidation of duplicate
occurrences of definitions across
multiple FMR parts into FMR 102–35
for consistency in terminology and to
avoid duplicative definitions in other
parts of FMR Subchapter B. The FMR
parts affected address personal property
disposal activities including transfers
among Federal agencies, donation of
surplus property to eligible state and
local donees, the sale of surplus
property, and disposition of property
requiring special handling;
Par. 2. Section 1.24–1 is added to
read:
GENERAL SERVICES
ADMINISTRATION
§ 1.24–1 Partial credit allowed for certain
other dependents.
41 CFR Parts 102–35, 102–36, 102–37,
102–38, 102–39, and 102–40
(a) In general. For purposes of section
24(h)(4)(A), a taxpayer may be eligible
to increase the credit determined under
section 24(a) by $500 for a dependent of
the taxpayer, as defined in section 152,
other than a qualifying child described
in section 24(c).
(b) Applicability date. This section
applies to taxable years beginning on or
after [date the Treasury Decision
adopting these rules is published in the
Federal Register].
■ Par. 3. Section 1.152–3, as proposed
to be revised by 82 FR 6370, January 19,
2017, is amended by:
■ a. Adding paragraph (c)(3); and
■ b. Revising paragraph (d)(2).
The addition and revision read as
follows:
§ 1.152–3
Qualifying relative.
*
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[FMR Case 2018–102–6; Docket No. GSA–
FMR–2019–0007; Sequence No.1]
202–368–8163. Contact the Regulatory
Secretariat Division (MVCB), 1800 F
Street NW, Washington, DC 20405, 202–
501–4755, for information pertaining to
status or publication schedules. Please
cite FMR Case 2018–102–6.
SUPPLEMENTARY INFORMATION:
■
*
*
*
*
(c) * * *
(3)(i) For tax year 2018, the exemption
amount under section 152(d)(1)(B) is
$4,150.
For tax years 2019 through 2025, the
exemption amount, as adjusted for
inflation, is set forth in annual guidance
published in the Internal Revenue
Bulletin. See § 601.601(d)(2) of this
chapter.
(ii) Paragraph (c)(3)(i) of this section
applies to taxable years ending after
August 28, 2018.
*
*
*
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*
(d) * * *
(2) Certain income of a taxpayer’s
spouse. A payment to a spouse (payee
spouse) of alimony or separate
maintenance is not treated as a payment
by the payor spouse for the support of
any dependent. Similarly, the
distribution of income of an estate or
trust to a divorced or legally separated
payee spouse is not treated as a payment
by the payor spouse for the support of
any dependent. The preceding sentence
shall not apply, however, to the extent
that such a distribution is in satisfaction
of the amount or portion of income that,
by the terms of a divorce decree, a
written separation agreement, or the
trust instrument is fixed as payable for
the support of the minor children of the
payor spouse.
*
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*
*
*
Sunita Lough,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2020–10224 Filed 6–8–20; 8:45 am]
BILLING CODE 4830–01–P
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Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
AGENCY:
The U.S. General Services
Administration (GSA) is replacing,
modifying, and consolidating provisions
in multiple parts of the Federal
Management Regulation (FMR),
pursuant to an Executive Order, which
requires agencies to make
recommendations to the agency head
regarding regulatory repeal,
replacement, or modification, consistent
with applicable law.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat Division at the address
shown below on or before August 10,
2020 to be considered in the formation
of the final rule.
ADDRESSES: Submit comments in
response to FMR Case 2018–102–6 by
the following method:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal Rulemaking Portal by
entering ‘‘FMR Case 2018–102–6’’ under
the heading ‘‘Enter Keyword or ID’’ and
select ‘‘Search.’’ Select the link ‘‘Submit
a Comment’’ that corresponds with
‘‘FMR Case 2018–102–6’’ and follow the
instructions provided at the ‘‘Comment
Now’’ screen. Please include your name,
company name (if any), and ‘‘FMR Case
2018–102–6’’ on your attached
document.
Instructions: Please submit comments
only and cite FMR Case 2018–102–6 in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and business confidential
information provided. To confirm
receipt of your comment(s), please
check https://www.regulations.gov
approximately two to three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
William Garrett, Program Director,
Office of Government-wide Policy, at
SUMMARY:
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Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Proposed Rules
2. Revisions to the donation program
to incorporate legislation regarding
museums (Public Law 114–287, Section
23) to ensure consistency with Federal
law. The donation program allows for
the transfer of Federal surplus personal
property to state agencies for surplus
property for distribution to eligible
recipients within their state; and
3. An amendment to policy in FMR
102–35.10 by listing FMR parts in this
section related to personal property
disposal in sequence so that the listing
of FMR parts follows the general lifecycle processes related to asset
management and disposal.
B. Executive Orders 12866 and 13563
E.O.s 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). E.O. 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 E.O. 12866,
Regulatory Planning and Review, dated
September 30, 1993. This proposed rule
is not a major rule under 5 U.S.C. 804.
C. Executive Order 13771
This proposed rule is not subject to
the requirements of E.O. 13771 because
it is related to agency organization,
management, or personnel.
D. Regulatory Flexibility Act
This proposed rule will not have a
significant economic impact on a
substantial number of entities within
the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq. This
proposed rule is also exempt from the
Administrative Procedures Act per 5
U.S.C. 553(a)(2), because it applies to
agency management or public property.
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E. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FMR do not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public that require the approval of the
Office of Management and Budget under
44 U.S.C. 3501 et seq.
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F. Small Business Regulatory
Enforcement Fairness Act
List of Subjects in 41 CFR Parts 102–35,
102–36, 102–37, 102–38, 102–39 and
102–40
Government property management.
Jessica Salmoiraghi,
Associate Administrator, Office of
Government-wide Policy.
For the reasons set forth in the
preamble, GSA proposes to amend 41
CFR parts 102–35, 102–36, 102–37, 102–
38, 102–39, and 102–40 as set forth
below:
■ 1. The authority for parts 102–35,
102–36, 102–37, 102–38, 102–39, and
102–40 continues to read as follows:
Authority: 40 U.S.C. 121(c).
PART 102–35—DISPOSITION OF
PERSONAL PROPERTY
2. Amend § 102–35.10 by revising
paragraphs (e) thru (g) to read as
follows:
■
§ 102–35.10 How are these regulations for
the disposal of personal property
organized?
*
*
*
*
(e) Utilization and disposal of
personal property requiring special
handling (part 102–40 of this subchapter
B).
(f) Disposition of seized and forfeited,
voluntarily abandoned, and unclaimed
personal property (part 102–41 of this
subchapter B).
(g) Utilization, donation, and disposal
of foreign gifts and decorations (part
102–42 of this subchapter B).
■ 3. Amend § 102–35.20 by—
■ a. Adding, in alphabetical order, the
definitions ‘‘Commerce Control List
Items (CCLIs)’’ and ‘‘Demilitarization’’;
■ b. Revising the definitions ‘‘Excess
personal property’’, ‘‘Exchange/sale’’,
and ‘‘Executive agency’’;
■ c. Adding, in alphabetical order, the
definition of ‘‘Fair Market Value’’;
■ d. Revising the definition ‘‘Federal
agency’’;
■ e. Adding, in alphabetical order, the
definitions ‘‘Hazardous personal
property’’, ‘‘Holding agency’’, and
‘‘Munitions List Items’’;
■ f. Revising the definition ‘‘Personal
property’’;
■ g. Adding, in alphabetical order, the
definition ‘‘State agency for surplus
property (SASP)’’;
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h. Revising the definition ‘‘Surplus
personal property’’; and
■ i. Adding, in alphabetical order, the
definition ‘‘Surplus release date’’.
The additions and revisions read as
follows:
■
This proposed rule is exempt from
Congressional review under 5 U.S.C.
801 since it relates to agency
management and personnel and does
not substantially affect the rights or
obligations of non-agency parties.
*
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§ 102–35.20 What definitions apply to
GSA’s personal property regulations?
*
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*
Commerce Control List Item (CCLI)
means property identified on the
Commerce Control List (15 CFR part
774, Supp. 1) subject to export controls
under the Export Administration Act of
1979, as amended (50 U.S.C. 4601 et
seq.) and implemented by the Export
Administration Regulations (15 CFR
part 730). Items may be placed on the
list for reasons including, but not
limited to, technology transfer, scarcity
of materials, crime control, and national
security.
*
*
*
*
*
Demilitarization, as defined by U.S.
Department of Defense (DoD) Manual
4160.28, Volume 2, is ‘‘[t]he act of
eliminating the functional capabilities
and inherent military design features
from DoD personal property that
requires certification and verification.
Methods and degree range from removal
and destruction of critical features to
total destruction by cutting, crushing,
shredding, melting, burning, etc.
Demilitarization (DEMIL) is required to
prevent property from being used for its
originally intended purpose and to
prevent the release of inherent design
information that could be used against
the United States. DEMIL applies to
material in both serviceable and
unserviceable condition.’’
Excess personal property (Excess)
means any personal property under the
control of any Federal agency that is no
longer required for that agency’s needs,
as determined by the agency head or
designee. An ‘‘agency’s need’’ can
include the use of the asset in an
Exchange/Sale transaction to acquire
similar replacement personal property.
Exchange/sale means the authority or
process to exchange or sell personal
property and apply the exchange
allowance or proceeds of sale in whole
or in part payment for the acquisition of
similar property (see part 102–39 of this
subchapter B for exchange/sale policy).
Executive agency means any
executive department or independent
establishment in the executive branch of
the Government, including any wholly
owned Government corporation.
Fair market value means the best
estimate of the gross sales proceeds if
the property were to be sold in a public
sale.
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Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Proposed Rules
Federal agency means any executive
agency or any establishment in the
legislative or judicial branch of the
Government (except the Senate, the
House of Representatives, and the
Architect of the Capitol and any
activities under The Architect of the
Capitol’s direction).
*
*
*
*
*
Hazardous personal property means
property that is deemed a hazardous
material, chemical substance or mixture,
or hazardous waste under the
Hazardous Materials Transportation Act
(HMTA) (49 U.S.C. 5101), the Resource
Conservation and Recovery Act (RCRA)
(42 U.S.C. 6901–6981), or the Toxic
Substances Control Act (TSCA) (15
U.S.C. 2601–2609).
Holding agency means the Federal
agency having accountability for, and
generally possession of, the property
involved.
*
*
*
*
*
Munitions List Items (MLIs) are
commodities (usually defense articles/
defense services) listed in the
International Traffic in Arms Regulation
(22 CFR part 121), published by the U.S.
Department of State.
*
*
*
*
*
Personal property means any
property, except real property. For
purposes of this part, the term excludes
records of the Federal Government and
naval vessels of the following categories:
Battleships, cruisers, aircraft carriers,
destroyers, and submarines.
*
*
*
*
*
State agency for surplus property
(SASP) means the agency designated
under State law to receive Federal
surplus personal property for
distribution to eligible donees within
the State as provided for in 40 U.S.C.
549.
Surplus personal property (Surplus)
means excess personal property no
longer required by the Federal agencies
as determined by GSA.
Surplus release date means the date
when Federal screening has been
completed and the excess property
becomes surplus.
*
*
*
*
*
PART 102–36—DISPOSITION OF
EXCESS PERSONAL PROPERTY
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§ 102–36.40
[Amended]
4. Amend § 102–36.40 by removing
the definitions of ‘‘Commerce Control
List Items (CCLIs)’’, ‘‘Demilitarization’’,
‘‘Excess personal property’’, ‘‘Exchange/
Sale property’’, ‘‘Executive agency’’,
‘‘Fair market value’’, ‘‘Federal agency’’,
‘‘Hazardous personal property’’,
‘‘Holding agency’’, ‘‘Munitions List
■
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Items (MLIs)’’, ‘‘Personal property’’,
‘‘Surplus personal property (surplus)’’,
and ‘‘Surplus release date’’.
List Item (CCLI)’’, ‘‘Demilitarization’’,
and ‘‘Munitions List Item (MLI)’’.
[FR Doc. 2020–10830 Filed 6–8–20; 8:45 am]
BILLING CODE 6820–14–P
PART 102–37—DONATION OF
SURPLUS PERSONAL PROPERTY
§ 102–37.25
[Amended]
5. Amend § 102–37.25 by removing
the definitions of ‘‘Holding agency’’,
‘‘State agency for surplus property
(SASP)’’, ‘‘Surplus personal property
(surplus property)’’, and ‘‘Surplus
release date’’.
■ 6. Amend appendix C to part 102–37,
by revising the definition of ‘‘Museum’’
to read as follows:
■
Appendix C to Part 102–37—Glossary
of Terms for Determining Eligibility of
Public Agencies and Nonprofit
Organizations
*
*
*
*
*
Museum means a public agency or
nonprofit educational or public health
institution that is organized on a permanent
basis for essentially educational or aesthetic
purposes and which, using a professional
staff, owns or uses tangible objects, either
animate or inanimate; and cares for these
objects. A museum is considered to be
‘‘attended by the public’’ if the museum, at
minimum, accedes to any request submitted
for access during business hours. For the
purposes of this definition, an institution
uses a professional staff if it employs at least
one fulltime staff member or the equivalent,
whether paid or unpaid, primarily engaged in
the acquisition, care, or public exhibition of
objects owned or used by the institution.
*
*
*
*
*
PART 102–38—SALE OF PERSONAL
PROPERTY
§ 102–38.35
[Amended]
7. Amend § 102–38.35 by removing
the definitions of ‘‘Estimated fair market
value’’, ‘‘Holding Agency’’, ‘‘Personal
property’’, and ‘‘State Agency for
Surplus Property (SASP)’’.
■
PART 102–39—REPLACEMENT OF
PERSONAL PROPERTY PURSUANT
TO THE EXCHANGE/SALE AUTHORITY
§ 102–39.20
[Amended]
8. Amend § 102–39.20 by removing
the definitions of ‘‘Excess property’’,
‘‘Exchange/sale’’, ‘‘Executive agency’’,
and ‘‘Federal agency’’.
■
PART 102–40—UTILIZATION AND
DISPOSITION OF PERSONAL
PROPERTY WITH SPECIAL HANDLING
REQUIREMENTS
§ 102–40.30
[Amended]
9. Amend § 102–40.30 by removing
the definitions of ‘‘Commerce Control
■
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DEPARTMENT OF VETERANS
AFFAIRS
48 CFR Part 825
RIN 2900–AQ79
VA Acquisition Regulation: Foreign
Acquisition
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is proposing to amend and
update its VA Acquisition Regulation
(VAAR) in phased increments to revise
or remove any policy superseded by
changes in the Federal Acquisition
Regulation (FAR), to remove any
procedural guidance internal to VA into
the VA Acquisition Manual (VAAM),
and to incorporate any new agency
specific regulations or policies. These
changes seek to streamline and align the
VAAR with the FAR and remove
outdated and duplicative requirements
and reduce burden on contractors. The
VAAM incorporates portions of the
removed VAAR as well as other internal
agency acquisition policy. VA will
rewrite certain parts of the VAAR and
VAAM, and as VAAR parts are
rewritten, will publish them in the
Federal Register. VA will combine
related topics, as appropriate. This
rulemaking removes VAAR coverage
concerning Foreign Acquisition.
DATES: Comments must be received on
or before August 10, 2020 to be
considered in the formulation of the
final rule.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to Director, Office of Regulation
Policy and Management (00REG),
Department of Veterans Affairs, 810
Vermont Avenue NW, Room 1064,
Washington, DC 20420; or by fax to
(202) 273–9026. Comments should
indicate that they are submitted in
response to ‘‘RIN 2900–AQ79—VA
Acquisition Regulation: Foreign
Acquisition.’’ Copies of comments
received will be available for public
inspection in the Office of Regulation
Policy and Management, Room 1064,
between the hours of 8:00 a.m. and 4:30
p.m., Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. (This is not a toll-free
number.) In addition, during the
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Proposed Rules]
[Pages 35236-35238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10830]
=======================================================================
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 102-35, 102-36, 102-37, 102-38, 102-39, and 102-40
[FMR Case 2018-102-6; Docket No. GSA-FMR-2019-0007; Sequence No.1]
RIN 3090-AJ98
Federal Management Regulation (FMR); Personal Property; Multiple
Repeal or Replace Regulatory Actions; Multiple FMR Parts
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. General Services Administration (GSA) is replacing,
modifying, and consolidating provisions in multiple parts of the
Federal Management Regulation (FMR), pursuant to an Executive Order,
which requires agencies to make recommendations to the agency head
regarding regulatory repeal, replacement, or modification, consistent
with applicable law.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at the address shown below on or before
August 10, 2020 to be considered in the formation of the final rule.
ADDRESSES: Submit comments in response to FMR Case 2018-102-6 by the
following method:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal Rulemaking Portal by entering ``FMR Case 2018-
102-6'' under the heading ``Enter Keyword or ID'' and select
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``FMR Case 2018-102-6'' and follow the instructions provided at the
``Comment Now'' screen. Please include your name, company name (if
any), and ``FMR Case 2018-102-6'' on your attached document.
Instructions: Please submit comments only and cite FMR Case 2018-
102-6 in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and business confidential information provided. To confirm
receipt of your comment(s), please check https://www.regulations.gov
approximately two to three days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. William Garrett, Program Director, Office of Government-wide
Policy, at 202-368-8163. Contact the Regulatory Secretariat Division
(MVCB), 1800 F Street NW, Washington, DC 20405, 202-501-4755, for
information pertaining to status or publication schedules. Please cite
FMR Case 2018-102-6.
SUPPLEMENTARY INFORMATION:
A. Background
Executive Order (E.O.) 13777, `Enforcing the Regulatory Reform
Agenda,' was signed February 24, 2017. This E.O. tasked Executive
Agencies to ``evaluate existing regulations (as defined in section 4 of
Executive Order 13771) and make recommendations to the agency head
regarding their repeal, replacement, or modification, consistent with
applicable law.''
Under the guidance of E.O. 13777, GSA sought public comments on
improving FMR regulations through a Federal Register Notice (MA-2017-
03) published on May 30, 2017, at 82 FR 24651. Concurrently, GSA sought
comments and recommendations from Federal agencies, GSA subject matter
experts, and other stakeholders and customers.
The comments and recommendations elicited from the Federal Register
notice were reviewed and categorized by GSA as ``repeal'', ``replace'',
or ``modify'' actions. In accordance with the guidance in E.O. 13777,
GSA prioritized repeal and replace actions as more important than the
modify actions. The comments and recommendations categorized as repeal
and replace are addressed in this proposed rule. Two other repeal or
replace recommendations addressing (1) agency asset management systems
and (2) use of voluntary consensus standards were not included in this
proposed rule as GSA determined that it does not have the legal
authority to promulgate regulations addressing property in use by an
agency before it is reported to GSA as excess.
Provisions in this proposed rule make the FMR policies addressing
personal property management more understandable and easier to read.
This proposed rule addresses the following:
1. Consolidation of duplicate occurrences of definitions across
multiple FMR parts into FMR 102-35 for consistency in terminology and
to avoid duplicative definitions in other parts of FMR Subchapter B.
The FMR parts affected address personal property disposal activities
including transfers among Federal agencies, donation of surplus
property to eligible state and local donees, the sale of surplus
property, and disposition of property requiring special handling;
[[Page 35237]]
2. Revisions to the donation program to incorporate legislation
regarding museums (Public Law 114-287, Section 23) to ensure
consistency with Federal law. The donation program allows for the
transfer of Federal surplus personal property to state agencies for
surplus property for distribution to eligible recipients within their
state; and
3. An amendment to policy in FMR 102-35.10 by listing FMR parts in
this section related to personal property disposal in sequence so that
the listing of FMR parts follows the general life-cycle processes
related to asset management and disposal.
B. Executive Orders 12866 and 13563
E.O.s 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). E.O. 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 E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This proposed rule is not a major
rule under 5 U.S.C. 804.
C. Executive Order 13771
This proposed rule is not subject to the requirements of E.O. 13771
because it is related to agency organization, management, or personnel.
D. Regulatory Flexibility Act
This proposed rule will not have a significant economic impact on a
substantial number of entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq. This proposed rule is also exempt
from the Administrative Procedures Act per 5 U.S.C. 553(a)(2), because
it applies to agency management or public property.
E. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of the
Office of Management and Budget under 44 U.S.C. 3501 et seq.
F. Small Business Regulatory Enforcement Fairness Act
This proposed rule is exempt from Congressional review under 5
U.S.C. 801 since it relates to agency management and personnel and does
not substantially affect the rights or obligations of non-agency
parties.
List of Subjects in 41 CFR Parts 102-35, 102-36, 102-37, 102-38,
102-39 and 102-40
Government property management.
Jessica Salmoiraghi,
Associate Administrator, Office of Government-wide Policy.
For the reasons set forth in the preamble, GSA proposes to amend 41
CFR parts 102-35, 102-36, 102-37, 102-38, 102-39, and 102-40 as set
forth below:
0
1. The authority for parts 102-35, 102-36, 102-37, 102-38, 102-39, and
102-40 continues to read as follows:
Authority: 40 U.S.C. 121(c).
PART 102-35--DISPOSITION OF PERSONAL PROPERTY
0
2. Amend Sec. 102-35.10 by revising paragraphs (e) thru (g) to read as
follows:
Sec. 102-35.10 How are these regulations for the disposal of
personal property organized?
* * * * *
(e) Utilization and disposal of personal property requiring special
handling (part 102-40 of this subchapter B).
(f) Disposition of seized and forfeited, voluntarily abandoned, and
unclaimed personal property (part 102-41 of this subchapter B).
(g) Utilization, donation, and disposal of foreign gifts and
decorations (part 102-42 of this subchapter B).
0
3. Amend Sec. 102-35.20 by--
0
a. Adding, in alphabetical order, the definitions ``Commerce Control
List Items (CCLIs)'' and ``Demilitarization'';
0
b. Revising the definitions ``Excess personal property'', ``Exchange/
sale'', and ``Executive agency'';
0
c. Adding, in alphabetical order, the definition of ``Fair Market
Value'';
0
d. Revising the definition ``Federal agency'';
0
e. Adding, in alphabetical order, the definitions ``Hazardous personal
property'', ``Holding agency'', and ``Munitions List Items'';
0
f. Revising the definition ``Personal property'';
0
g. Adding, in alphabetical order, the definition ``State agency for
surplus property (SASP)'';
0
h. Revising the definition ``Surplus personal property''; and
0
i. Adding, in alphabetical order, the definition ``Surplus release
date''.
The additions and revisions read as follows:
Sec. 102-35.20 What definitions apply to GSA's personal property
regulations?
* * * * *
Commerce Control List Item (CCLI) means property identified on the
Commerce Control List (15 CFR part 774, Supp. 1) subject to export
controls under the Export Administration Act of 1979, as amended (50
U.S.C. 4601 et seq.) and implemented by the Export Administration
Regulations (15 CFR part 730). Items may be placed on the list for
reasons including, but not limited to, technology transfer, scarcity of
materials, crime control, and national security.
* * * * *
Demilitarization, as defined by U.S. Department of Defense (DoD)
Manual 4160.28, Volume 2, is ``[t]he act of eliminating the functional
capabilities and inherent military design features from DoD personal
property that requires certification and verification. Methods and
degree range from removal and destruction of critical features to total
destruction by cutting, crushing, shredding, melting, burning, etc.
Demilitarization (DEMIL) is required to prevent property from being
used for its originally intended purpose and to prevent the release of
inherent design information that could be used against the United
States. DEMIL applies to material in both serviceable and unserviceable
condition.''
Excess personal property (Excess) means any personal property under
the control of any Federal agency that is no longer required for that
agency's needs, as determined by the agency head or designee. An
``agency's need'' can include the use of the asset in an Exchange/Sale
transaction to acquire similar replacement personal property.
Exchange/sale means the authority or process to exchange or sell
personal property and apply the exchange allowance or proceeds of sale
in whole or in part payment for the acquisition of similar property
(see part 102-39 of this subchapter B for exchange/sale policy).
Executive agency means any executive department or independent
establishment in the executive branch of the Government, including any
wholly owned Government corporation.
Fair market value means the best estimate of the gross sales
proceeds if the property were to be sold in a public sale.
[[Page 35238]]
Federal agency means any executive agency or any establishment in
the legislative or judicial branch of the Government (except the
Senate, the House of Representatives, and the Architect of the Capitol
and any activities under The Architect of the Capitol's direction).
* * * * *
Hazardous personal property means property that is deemed a
hazardous material, chemical substance or mixture, or hazardous waste
under the Hazardous Materials Transportation Act (HMTA) (49 U.S.C.
5101), the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
6901-6981), or the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601-
2609).
Holding agency means the Federal agency having accountability for,
and generally possession of, the property involved.
* * * * *
Munitions List Items (MLIs) are commodities (usually defense
articles/defense services) listed in the International Traffic in Arms
Regulation (22 CFR part 121), published by the U.S. Department of
State.
* * * * *
Personal property means any property, except real property. For
purposes of this part, the term excludes records of the Federal
Government and naval vessels of the following categories: Battleships,
cruisers, aircraft carriers, destroyers, and submarines.
* * * * *
State agency for surplus property (SASP) means the agency
designated under State law to receive Federal surplus personal property
for distribution to eligible donees within the State as provided for in
40 U.S.C. 549.
Surplus personal property (Surplus) means excess personal property
no longer required by the Federal agencies as determined by GSA.
Surplus release date means the date when Federal screening has been
completed and the excess property becomes surplus.
* * * * *
PART 102-36--DISPOSITION OF EXCESS PERSONAL PROPERTY
Sec. 102-36.40 [Amended]
0
4. Amend Sec. 102-36.40 by removing the definitions of ``Commerce
Control List Items (CCLIs)'', ``Demilitarization'', ``Excess personal
property'', ``Exchange/Sale property'', ``Executive agency'', ``Fair
market value'', ``Federal agency'', ``Hazardous personal property'',
``Holding agency'', ``Munitions List Items (MLIs)'', ``Personal
property'', ``Surplus personal property (surplus)'', and ``Surplus
release date''.
PART 102-37--DONATION OF SURPLUS PERSONAL PROPERTY
Sec. 102-37.25 [Amended]
0
5. Amend Sec. 102-37.25 by removing the definitions of ``Holding
agency'', ``State agency for surplus property (SASP)'', ``Surplus
personal property (surplus property)'', and ``Surplus release date''.
0
6. Amend appendix C to part 102-37, by revising the definition of
``Museum'' to read as follows:
Appendix C to Part 102-37--Glossary of Terms for Determining
Eligibility of Public Agencies and Nonprofit Organizations
* * * * *
Museum means a public agency or nonprofit educational or public
health institution that is organized on a permanent basis for
essentially educational or aesthetic purposes and which, using a
professional staff, owns or uses tangible objects, either animate or
inanimate; and cares for these objects. A museum is considered to be
``attended by the public'' if the museum, at minimum, accedes to any
request submitted for access during business hours. For the purposes
of this definition, an institution uses a professional staff if it
employs at least one fulltime staff member or the equivalent,
whether paid or unpaid, primarily engaged in the acquisition, care,
or public exhibition of objects owned or used by the institution.
* * * * *
PART 102-38--SALE OF PERSONAL PROPERTY
Sec. 102-38.35 [Amended]
0
7. Amend Sec. 102-38.35 by removing the definitions of ``Estimated
fair market value'', ``Holding Agency'', ``Personal property'', and
``State Agency for Surplus Property (SASP)''.
PART 102-39--REPLACEMENT OF PERSONAL PROPERTY PURSUANT TO THE
EXCHANGE/SALE AUTHORITY
Sec. 102-39.20 [Amended]
0
8. Amend Sec. 102-39.20 by removing the definitions of ``Excess
property'', ``Exchange/sale'', ``Executive agency'', and ``Federal
agency''.
PART 102-40--UTILIZATION AND DISPOSITION OF PERSONAL PROPERTY WITH
SPECIAL HANDLING REQUIREMENTS
Sec. 102-40.30 [Amended]
0
9. Amend Sec. 102-40.30 by removing the definitions of ``Commerce
Control List Item (CCLI)'', ``Demilitarization'', and ``Munitions List
Item (MLI)''.
[FR Doc. 2020-10830 Filed 6-8-20; 8:45 am]
BILLING CODE 6820-14-P
