Federal Management Regulation (FMR); Personal Property; Multiple Repeal or Replace Regulatory Actions; Multiple FMR Parts, 35236-35238 [2020-10830]

Download as PDF 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. * jbell on DSKJLSW7X2PROD with PROPOSALS [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. * * * * * (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. * * * * * Sunita Lough, Deputy Commissioner for Services and Enforcement. [FR Doc. 2020–10224 Filed 6–8–20; 8:45 am] BILLING CODE 4830–01–P VerDate Sep<11>2014 22:44 Jun 08, 2020 Jkt 250001 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: http:// 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 http:// www.regulations.gov, including any personal and business confidential information provided. To confirm receipt of your comment(s), please check http://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: PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\09JNP1.SGM 09JNP1 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. jbell on DSKJLSW7X2PROD with PROPOSALS 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. VerDate Sep<11>2014 22:44 Jun 08, 2020 Jkt 250001 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)’’; PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 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. * 35237 § 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. E:\FR\FM\09JNP1.SGM 09JNP1 35238 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 jbell on DSKJLSW7X2PROD with PROPOSALS § 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 ■ VerDate Sep<11>2014 22:44 Jun 08, 2020 Jkt 250001 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 ■ PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 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: E:\FR\FM\09JNP1.SGM 09JNP1

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: http://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 http://www.regulations.gov, including 
any personal and business confidential information provided. To confirm 
receipt of your comment(s), please check http://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