[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Proposed Rules]
[Pages 30493-30494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15157]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-39
[FMR Case 2009-102-3; Docket No. 2009-0002, Sequence 3]
RIN 3090-AI92
Federal Management Regulation; Replacement of Personal Property
Pursuant to the Exchange/Sale Authority
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Proposed rule.
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SUMMARY: The General Services Administration (GSA) is proposing to
amend the Federal Management Regulation (FMR) by making changes to its
policy on the replacement of personal property pursuant to the
exchange/sale authority.
DATES: Interested parties should submit comments in writing on or
before July 27, 2009 to be considered in the formulation of a final
rule.
ADDRESSES: Submit comments identified by FMR case 2009-102-3 by any of
the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FMR Case
2009-102-3'' under the heading ``Search Documents''. Select the link
``Send a Comment or Submission'' that corresponds with FMR Case 2009-
102-3. Follow the instructions provided to complete the ``Public
Comment and Submission Form''. Please include your name, company name
(if any), and ``FMR Case 2009-102-3'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite FMR Case 2009-
102-3 in all correspondence related to this case. All comments received
will be posted without change to http://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Holcombe, Office of
Governmentwide Policy, Office of Travel, Transportation, and Asset
Management (MT), (202) 501-3838 or e-mail at [email protected].
For information pertaining to status or publication schedules contact
the Regulatory Secretariat, 1800 F Street, NW., Room 4041, Washington,
DC 20405, (202) 501-4755. Please cite FMR Case 2009-102-3.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule would remove the exchange/sale prohibition on
aircraft and airframe structural components, subject to certain
conditions. These commodities have been included on the list of
properties normally ineligible for exchange/sale so that the
acquisition and disposal of these commodities could be managed more
closely. To conduct an exchange/sale of such commodities (which is
encouraged to reduce the agency costs of managing their aircraft
fleets), agencies have been required to submit deviation requests for
approval by GSA. Adequate tools are now available for managing these
assets without going through the time-consuming and onerous deviation
process. Further, removing these commodities from the ``prohibited
list'' should not have a detrimental impact on the donation of such
property. Finally, although agencies would no longer need to request
deviations from GSA, a provision would be added to alert agencies that
they must comply with the restrictions and limitations on the disposal
of aircraft and aircraft parts contained in 41 CFR part 102-33.
This proposed rule would also remove the prohibition on using scrap
in an exchange/sale transaction when the property has utility and value
at the time an exchange/sale determination is made. This clarification
would address situations where the dismantling or removal of property
may render the property as ``scrap'', but where replacement of similar
property is still required.
Finally, this proposed rule would make a clerical correction to
Sec. 102-39.80 to clarify that the time limit restriction on use of
exchange/sale exchange allowances is the same as the restriction for
use of exchange/sale sales proceeds.
B. Executive Order 12866
This proposed rule is excepted from the definition of
``regulation'' or ``rule'' under Section 3(d)(3) of Executive Order
12866, Regulatory Planning and Review, dated September 30, 1993 and,
therefore, was not subject to review under Section 6(b) of that
executive order.
C. Regulatory Flexibility Act
This proposed rule is not required to be published in the Federal
Register for comment. Therefore, the Regulatory
[[Page 30494]]
Flexibility Act does not apply. However, this proposed rule is being
published in order to elicit comments and to provide transparency in
the promulgation of federal policies.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FMR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
E. Small Business Regulatory Enforcement Fairness Act
This proposed rule is exempt from Congressional review under 5
U.S.C. 801 since it relates solely to agency management and personnel.
List of Subjects in 41 CFR Part 102-39
Government property management and Personal property.
Dated: May 26, 2009.
Stan Kaczmarczyk,
Acting Associate Administrator, Office of Governmentwide Policy.
For the reasons set forth in the preamble, GSA proposes to amend 41
CFR part 102-39 as set forth below:
PART 102-39--REPLACEMENT OF PERSONAL PROPERTY PURSUANT TO THE
EXCHANGE/SALE AUTHORITY
1. The authority citation for 41 CFR part 102-39 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 40 U.S.C. 503.
2. Amend Sec. 102-39.60--
a. In paragraph (a) by removing the fifth entry ``15 Aircraft and
airframe structural components (except FSC Class 1560 Airframe
Structural Components).'';
b. Revising paragraph (e); and
c. Adding paragraph (m).
The revision and addition read as follows:
Sec. 102-39.60 What restrictions and prohibitions apply to the
exchange/sale of personal property?
* * * * *
(e) Property with a condition code of scrap, as defined at FMR 102-
36.40, except:
(1) Property that has utility and value at the point in time when a
determination is made to use the exchange/sale authority; or
(2) Scrap gold for fine gold.
* * * * *
(m) Aircraft and aircraft parts, unless there is full compliance
with all aircraft and aircraft parts restrictions and limitations in
FMR part 102-33 (41 CFR part 102-33).
Sec. 102-39.80 [Amended]
3. Amend Sec. 102-39.80, second sentence, by adding ``exchanged
or'' before ``sold''.
[FR Doc. E9-15157 Filed 6-25-09; 8:45 am]
BILLING CODE 6820-14-P