[Federal Register Volume 71, Number 79 (Tuesday, April 25, 2006)]
[Rules and Regulations]
[Pages 23867-23868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3881]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-37
[FMR Amendment 2006-01; FMR Case 2006-102-2]
RIN 3090-AI25
Federal Management Regulation; Donation of Surplus Personal
Property
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: The General Services Administration is amending the Federal
Management Regulation (FMR) language that pertains to personal property
by correcting references to outdated or superceded provisions of law or
regulation; correcting text to be in conformance with revised laws,
regulation, or Federal agency responsibilities; and clarifying text
where the intended meaning could be updated or made clearer. The FMR
and any corresponding documents may be accessed at GSA's Web site at
http://www.gsa.gov/fmr.
DATES: Effective Date: May 25, 2006.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035,
GSA Building, Washington, DC 20405, (202) 208-7312, for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Robert Holcombe, Office of Governmentwide Policy,
Office of Travel, Transportation, and Asset Management (MT), at (202)
501-3828 or e-mail at [email protected]. Please cite FMR case
2006-102-2, Amendment 2006-01.
SUPPLEMENTARY INFORMATION:
A. Background
In the years since 41 CFR part 102-37 was published as a final
rule, the references to other regulations which migrated from the
Federal Property Management Regulations (FPMR) (41 CFR chapter 101) to
the Federal Management Regulation (FMR) (41 CFR chapter 102) became
outdated. Also, Public Law 107-217 revised and recodified certain
provisions of the Federal Property and Administrative Services Act of
1949 (Property Act). For example, the Property Act provisions and
topics previously found at 40 U.S.C. 471-514 will now generally be
found at 40 U.S.C. 101-705. This revised regulation updates the title
40 U.S.C. citations to reflect the changes made by Public Law 107-217.
Additionally, in the intervening years since these three regulations
were published, several agencies have moved or changed names. Finally,
updating or clarifying revisions were made where the revisions are seen
as administrative or clerical in nature. This includes--
1. Elimination of the requirement for a biennial report to Congress
on the donation of Federal surplus personal property (obsolete because
of section 3003 of the Federal Reports Elimination and Sunset Act of
1995 (31 U.S.C. 1113 note)); and
2. A revised threshold for audits made under OMB Circular A-133.
B. Executive Order 12866
The General Services Administration (GSA) has determined that this
final rule is not a significant regulatory action for the purposes of
Executive Order 12866.
C. Regulatory Flexibility Act
This final rule is not required to be published in the Federal
Register for comment. Therefore, the Regulatory Flexibility Act does
not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose information
[[Page 23868]]
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 final rule is exempt from Congressional review under 5 U.S.C.
801 since it relates solely to agency management and personnel.
List of Subjects in 41 CFR Part 102-37
Government property management, Reporting and recordkeeping
requirements, Surplus government property, and Government property.
Dated: April 10, 2006.
David L. Bibb,
Acting Administrator of General Services.
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For the reasons set forth in the preamble, GSA amends 41 CFR part 102-
37 as set forth below:
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1. The authority citation for 41 CFR part 102-37 continues to read as
follows:
PART 102-37--DONATION OF SURPLUS PERSONAL PROPERTY
Authority: 40 U.S.C. 549 and 121(c).
Sec. 102-37.10 [Amended]
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2. Amend Sec. 102-37.10 by removing ``Subsection 203(j)(1) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484(j)(1)), as amended (the Property Act)'' and adding ``Section 549 of
title 40, United States Code'' in its place.
Sec. 102-37.25 [Amended]
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3. Amend Sec. 102-37.25 by removing the definition ``Property Act'';
and in the definition ``State agency for surplus property (SASP)'' by
removing ``subsection 203(j) of the Property Act (40 U.S.C. 484(j))''
and adding ``40 U.S.C. 549'' in its place.
Sec. 102-37.80 [Amended]
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4. Amend Sec. 102-37.80 by removing ``part 101-45 of this title'' and
adding ``part 102-38 of this chapter'' in its place.
Sec. 102-37.105 [Removed]
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5. Remove Sec. 102-37.105
Sec. 102-37.125 [Amended]
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6. Amend Sec. 102-37.125 in paragraph (a)(4), by removing ``40 U.S.C.
484(r)'' and adding ``40 U.S.C. 555'' in its place.
Sec. 102-37.145 [Amended]
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7. Amend Sec. 102-37.145 in paragraph (c) by removing ``subsection
203(j)(4) of the Property Act (40 U.S.C. 484(j))'' and adding ``40
U.S.C. 549(e)'' in its place.
Sec. 102-37.150 [Amended]
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8. Amend Sec. 102-37.150 by removing from the first sentence
``subsection 203(j)(4) of the Property Act (40 U.S.C. 484(j))''`` and
adding ``40 U.S.C. 549(e)''in its place; and by removing from the last
sentence ``the Property Act'' and adding ``title 40 of the United
States Code'' in its place.
Sec. 102-37.200 [Amended]
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9. Amend Sec. 102-37.200 in paragraph (a) by removing ``subsection
203(j) of the Property Act (40 U.S.C. 484(j))'' and adding ``40 U.S.C.
549'' in its place.
Sec. 102-37.205 [Amended]
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10. Amend Sec. 102-37.205 by-
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a. Removing from paragraph (a) ``section 203(j) of the Property Act (40
U.S.C. 484(j))'' and adding ``40 U.S.C. 549'' in its place; and
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b. Removing from paragraph (f) ``part 101-6, subpart 101-6.2, and part
101-8 of this title''and adding ``parts 101-4, subparts 101-6.2, and
101-8.3 of this title'' in its place.
Sec. 102-37.325 [Amended]
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11. Amend Sec. 102-37.325 by removing from the introductory paragraph
``Section 203(n) of the Property Act (40 U.S.C. 484(n)'' and adding
``Section 549(f) of title 40, United States Code'' in its place.
Sec. 102-37.345 [Amended]
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12. Amend Sec. 102-37.345 by removing ``$300,000'' and adding
``$500,000'' in its place.
Sec. 102-37.350 [Amended]
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13. Amend Sec. 102-37.350 by removing ``General Accounting Office''
and adding ``Government Accountability Office'' in its place.
Sec. 102-37.355 [Amended]
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14. Amend Sec. 102-37.355 by removing ``$300,000'' (twice) and adding
``$500,000'' in its place.
Sec. 102-37.380 [Amended]
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15. Amend Sec. 102-37.380 by--
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a. Removing from paragraph (a) ``Subsection 203(j)(2) of the Property
Act (40 U.S.C. 484(j)(2))'' and adding ``Section 549(d) of title 40,
United States Code'' in its place; and
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b. Removing from paragraph (b) ``Subsection 203(j) of the Property Act
(40 U.S.C. 484(j)(3))'' and adding ``Section 549(c)(3) of title 40,
United States Code'' in its place.
Sec. 102-37.445 [Amended]
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16. Amend Sec. 102-37.445, by removing from paragraph (d) ``section
606 of title VI of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 476), as amended'' and adding ``section 122 of title
40, United States Code'' in its place.
Sec. 102-37.455 [Amended]
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17. Amend Sec. 102-37.455 by--
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a. Removing from the table in paragraph (a)(1) ``Part 101-37, subpart
101-37.6, of this title''and adding ``Part 102-33, subpart D, of this
chapter'' in its place; and
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b. Removing from paragraph (b)(1) ``Bureau of Alcohol, Tobacco, and
Firearms (BATF), Department of the Treasury'' and adding ``Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF), Department of
Justice'' in its place; and by removing from the second sentence
``BATF'' and adding ``ATF'' in its place.
Sec. 102-37.520 [Amended]
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18. Amend Sec. 102-37.520 by removing ``41 U.S.C. 47102'' and adding
``49 U.S.C. 47102'' in its place.
Sec. 102-37.540 [Amended]
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19. Amend Sec. 102-37.540 by removing ``Subsection 203(l) of the
Property Act (40 U.S.C. 484(l))'' and adding ``Section 551 of title 40,
United States Code'' in its place.
Sec. 102-37.565 [Amended]
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20. Amend Sec. 102-37.565 by removing ``Subsection 202(h) of the
Property Act (40 U.S.C. 483(h))'' and adding ``Section 527 of title 40,
United States Code'' in its place.
Appendix C to Part 102--[Amended]
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21. Amend Appendix C in the definition ``Nationally recognized
accrediting agency'' by removing ``http://www.ed.gov/offices/OPE/accreditation/index.html'' and adding ``http://www.ed.gov/admins/
finaid/accred'' in its place.
[FR Doc. 06-3881 Filed 4-24-06; 8:45 am]
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