[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Proposed Rules]
[Pages 68136-68138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32588]



[[Page 68135]]

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Part V





General Services Administration





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41 CFR Parts 101-42 and 101-43



Donation of Certain Federal Surplus Firearms to State or Local Law 
Enforcement Activities; Proposed Rule

  Federal Register / Vol. 63, No. 236 / Wednesday, December 9, 1998 / 
Proposed Rules  

[[Page 68136]]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 101-42 and 101-43

[FPMR Amendment H-    ]
RIN 3090-AG80


Donation of Certain Federal Surplus Firearms to State or Local 
Law Enforcement Activities

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Proposed rule.

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SUMMARY: The General Services Administration (GSA) is proposing to 
amend the Federal Property Management Regulations (FPMR) to remove the 
prohibition on donation of surplus Federal firearms to allow donations 
to State and local law enforcement activities. This change, the result 
of interagency meetings with Federal law enforcement agencies in 
conjunction with the Department of Justice, will enable certain usable 
firearms acquired for Federal law enforcement purposes to continue 
serving a law enforcement role. This proposed rule establishes a 
centralized activity within GSA to coordinate all firearms transfers 
under the FPMR and specifies that donated firearms are restricted in 
perpetuity and may not be transferred except in accordance with this 
rule.

DATES: Comments must be submitted by January 8, 1999 to be considered 
in the formulation of a final rule.

ADDRESSES: Written comments should be sent to: Ms. Sharon Kiser, 
Regulatory Secretariat (MVR), Office of Governmentwide Policy, General 
Services Administration 1800 F Street, NW., Washington, DC 20405.
    E-mail comments may be sent to RIN.3090-AG[email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Martha Caswell, Director, Personal 
Property Management Policy Division (MTP), telephone (202) 501-3846.

SUPPLEMENTARY INFORMATION:

A. Executive Order 12866

    GSA has determined that this proposed rule is not a significant 
regulatory action for the purposes of Executive Order 12866 of 
September 30, 1993.

B. Regulatory Flexibility Act

    The proposed rule is not expected to 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.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the regulation 
does not impose recordkeeping or information collection requirements, 
or the collection of information from offerors, contractors, or members 
of the public which require the approval of the Office of Management 
and Budget (OMB) under 44 U.S.C. 501, et seq.

D. Small Business Reform Act

    This rule is exempt from congressional review prescribed under 5 
U.S.C. 801 since it relates solely to agency management and personnel.

List of Subjects in 41 CFR Parts 101-42 and 101-43

    Government property management, Hazardous materials, Reporting and 
recordkeeping requirements, Surplus Government property.

    For the reasons set forth in the preamble, 41 CFR Parts 101-42 and 
101-43 are proposed to be amended as follows:
    1. The authority citation for Parts 101-42 and 101-43 continues to 
read as follows:

    Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c).

PART 101-42--UTILIZATION AND DISPOSAL OF HAZARDOUS MATERIALS AND 
CERTAIN CATEGORIES OF PROPERTY

    2. Section 101-42.1102-10 is amended by revising paragraphs (a) and 
(b) to read as follows:


Sec. 101-42.1102-10  Firearms.

    (a) Utilization requirements. (1) Reports of excess firearms and 
requests for their transfer must be submitted to the: General Services 
Administration (7FP-8), Denver, CO 80225-0506.
    (2) Firearms may be transferred only to those Federal agencies 
authorized to acquire firearms for official use. Such transfers must be 
executed under Sec. 101-43.309-5 and, when applicable, Sec. 101-
42.1102-8(b). Additional written justification from the requesting 
agency may be required.
    (b) Donation requirements. (1) Only hand guns, rifles, shotguns, 
individual light automatic weapons, and rifle and shoulder fired 
grenade launchers in ``used--poor'' or better condition, as defined in 
Sec. 101-43.4801(e), may be offered by GSA (7FP-8) to State agencies 
for donation to State and local public agencies for law enforcement 
purposes only. Donations are limited to only those law enforcement 
activities whose primary function is the enforcement of applicable 
Federal, State, and/or local laws, and whose compensated law 
enforcement officers have powers to apprehend and arrest.
    (2) Each SF 123 submitted to GSA must be accompanied by a 
conditional transfer document, signed by both the intended donee and 
the State agency, and containing the special terms, conditions, and 
restrictions prescribed by GSA.
    (3) The restrictions on donated firearms shall be in perpetuity, 
and they may not be released by the State agency without prior written 
approval from GSA. All firearms must be destroyed by either the donee 
or the State agency when they are no longer needed. Destruction must be 
such that the firearms are rendered completely inoperable and incapable 
of being made operable for any purpose except for the recovery of basic 
material content in accordance with paragraph (c) of this section. The 
donee or the State agency, as applicable, must state in writing that 
the firearms were so destroyed.
    (4) Surplus firearms approved for donation must be shipped or 
transported directly from the holding Federal agency to the donee and 
may not be stored in the State agency warehouse; or, arrangements may 
be made by the State agency for the designated donee to make a direct 
pickup at the holding agency.
    (5) Firearm ammunition may not be donated.
* * * * *

PART 101-43--UTILIZATION OF PERSONAL PROPERTY

    3. Section 101-43.304-2 is amended by revising paragraph (b) to 
read as follows:


Sec. 101-43.304-2  Form and distribution of reports.

* * * * *
    (b) The SF 120 and SF 120A must be submitted in an original and 
three copies. Electronic reporting must be as specified and approved by 
GSA. Reports must be directed to the GSA regional office for the region 
in which the property is located (see Sec. 101-43.4802). However, 
reports of fixed-wing and rotary-wing aircraft must be submitted to the 
General Services Administration (9FB), San Francisco, CA 94015, and 
reports of excess firearms must be submitted to the General Services 
Administration (7FP-8), Denver, CO 80225-0506.
    4. Section 101-43.305 is amended by revising paragraph (b)(2) to 
read as follows:

[[Page 68137]]

Sec. 101-43.305  Property not required to be formally reported.

* * * * *
    (b) * * *
    (2) Property dangerous to public health and safety, except 
firearms;
* * * * *
    5. Section 101-43.4801 is revised to read as follows:


Sec. 101-43.4801  Excess personal property reporting requirements.

    (a) The table shown in paragraph (d) of this section shows the 
excess personal property Federal supply groups (FSG) and classes (FSC) 
comprising reportable property. Property in these groups and classes 
must be reported to GSA when the following disposal condition code and 
dollar threshold criteria are met:
    (1) With the exception of aircraft and firearms, the disposal 
condition code as defined in paragraph (e) of this section is 
``salvage'' or better. In accordance with Sec. 101-43.304-2, fixed-wing 
and rotary-wing aircraft, airframe structural components, and aircraft 
engines, as specified in paragraph (b) of this section, are reportable 
regardless of condition; and firearms, as specified in paragraph (c) of 
this section, in ``repairs required-- poor'' or better condition, are 
reportable.
    (2) The unit cost, measured in acquisition dollars, is $5,000 or 
more.
    (b) With respect to aircraft and aircraft components and 
accessories:
    (1) As indicated in the table in paragraph (d) of this section, 
line items in Federal supply classes 1510, 1520, 1560, 2810, 2840, or 
any class in FSG 16 must be reported. In agencies other than the 
Department of Defense (DOD), all line items in these classes must be 
reported regardless of condition code when dollar criteria are met. For 
the DOD, aircraft in FSC 1510 which are in the Cargo/Transport, 
Observation, Anti-sub, Trainer, or Utility series, all aircraft in FSC 
1520, and line items in other classes which are components of these 
aircraft must be reported regardless of condition code when dollar 
criteria are met.
    (2) Items in Federal supply classes 1510 and 1520 held by DOD or 
other agencies must be reported to the: General Services Administration 
(9FB), San Francisco, California 94102.
    (c) Executive agencies must report the following firearms in 
``used--poor'' or better condition, as defined in Sec. 101-43.4801(e), 
regardless of unit cost, to the: General Services Administration (7FP-
8), Denver, CO 80225-0506.
    (1) Handguns, rifles, shotguns, and individual light automatic 
weapons less than 50 caliber in FSC 1005, and
    (2) Rifle and shoulder fired grenade launchers in FSC 1010.
    (d) The following table shows Federal supply groups and classes 
which comprise reportable property:

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                  FSG                                     FSC                               Noun name
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10....................................  1005..................................  Guns, through 30mm.
                                        1010..................................  Guns, over 30 mm up to 75 mm.
15....................................  1510..................................  Aircraft, fixed wing.
                                        1520..................................  Aircraft, rotary wing.
                                        1560..................................  Airframe structural components.
16....................................  All...................................  Aircraft component and
                                                                                 accessories.
18....................................  All...................................  Space vehicles.
19....................................  All...................................  Ships, small craft, pontoons,
                                                                                 and floating docks (All but
                                                                                 vessels 1500 gross tons and
                                                                                 over).
22....................................  All...................................  Railway equipment.
23....................................  All...................................  Ground effect vehicles, motor
                                                                                 vehicles, trailers, and cycles.
24....................................  All...................................  Tractors.
28....................................  2805..................................  Gasoline reciprocating engines,
                                                                                 except aircraft; & components.
                                        2810..................................  Gasoline reciprocating engines,
                                                                                 aircraft prime mover; and
                                                                                 components.
                                        2815..................................  Diesel engines and components.
                                        2840..................................  Gas turbines and jet engines,
                                                                                 aircraft, prime moving; and
                                                                                 components.
32....................................  All...................................  Woodworking machinery and
                                                                                 equipment.
34....................................  All...................................  Metalworking machinery
35....................................  All...................................  Service and trade equipment.
36....................................  All...................................  Special industry machinery (All
                                                                                 but 3690 Specialized ammunition
                                                                                 and ordnance machinery and
                                                                                 related equipment).
37....................................  All...................................  Agricultural machinery and
                                                                                 equipment.
38....................................  All...................................  Construction, mining,
                                                                                 excavating, and highway
                                                                                 maintenance equipment.
39....................................  All...................................  Materials handling equipment.
42....................................  All...................................  Fire fighting, rescue, and
                                                                                 safety equipment; and
                                                                                 environmental protection
                                                                                 equipment and materials.
43....................................  All...................................  Pumps and compressors.
49....................................  4910..................................  Motor vehicle maintenance and
                                                                                 repair shop specialized
                                                                                 equipment.
                                        4920..................................  Aircraft maintenance and repair
                                                                                 shop specialized equipment.
                                        4930..................................  Lubrication and fuel dispensing
                                                                                 equipment.
                                        4935..................................  Guided missile maintenance,
                                                                                 repair, and checkout
                                                                                 specialized equipment.
                                        4940..................................  Miscellaneous maintenance and
                                                                                 repair shop specialized
                                                                                 equipment.
                                        4960..................................  Space vehicle maintenance,
                                                                                 repair, and checkout
                                                                                 specialized equipment.
54....................................  All...................................  Prefabricated structures and
                                                                                 scaffolding.
61....................................  All...................................  Electric wire, and power and
                                                                                 distribution equipment.
70....................................  All...................................  Automatic Data Processing
                                                                                 Equipment (including firmware),
                                                                                 software, supplies, and support
                                                                                 equipment.
71....................................  All...................................  Furniture.
73....................................  All...................................  Food preparation and serving
                                                                                 equipment.
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    (e) The appropriate disposal condition code from the table below 
must be assigned to each item record, report, or listing of excess 
personal property:

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      Disposal condition code                       Brief definition                     Expanded definition
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1.................................  Unused--good...................................  Unused property that is
                                                                                      usable without repairs and
                                                                                      identical or
                                                                                      interchangeable with new
                                                                                      items from normal supply
                                                                                      sources.
2.................................  Unused--fair...................................  Unused property that is
                                                                                      usable without repairs,
                                                                                      but is deteriorated or
                                                                                      damaged to the extent that
                                                                                      utility is somewhat
                                                                                      impaired.
3.................................  Unused--poor...................................  Unused property that is
                                                                                      usable without repairs,
                                                                                      but is considerably
                                                                                      deteriorated or damaged.
                                                                                      Enough utility remains to
                                                                                      classify the property
                                                                                      better than salvage.
4.................................  Used--good.....................................  Used property that is
                                                                                      usable without repairs and
                                                                                      most of its useful life
                                                                                      remains.
5.................................  Used--fair.....................................  Used property that is
                                                                                      usable without repairs,
                                                                                      but is somewhat worn or
                                                                                      deteriorated and may soon
                                                                                      require repairs.
6.................................  Used--poor.....................................  Used property that may be
                                                                                      used without repairs, but
                                                                                      is considerably worn or
                                                                                      deteriorated to the degree
                                                                                      that remaining utility is
                                                                                      limited or major repairs
                                                                                      will soon be required.
7.................................  Repairs required--good.........................  Required repairs are minor
                                                                                      and should not exceed 15
                                                                                      percent of original
                                                                                      acquisition cost.
8.................................  Repairs required--fair.........................  Required repairs are
                                                                                      considerable and are
                                                                                      estimated to range from 16
                                                                                      percent to 40 percent of
                                                                                      original acquisition cost.
9.................................  Repairs required--poor.........................  Required repairs are major
                                                                                      because property is badly
                                                                                      damaged, worn, or
                                                                                      deteriorated, and are
                                                                                      estimated to range from 41
                                                                                      percent to 65 percent of
                                                                                      original acquisition cost.
X.................................  Salvage........................................  Property has some value in
                                                                                      excess of its basic
                                                                                      material content, but
                                                                                      repair or rehabilitation
                                                                                      to use for the originally
                                                                                      intended purpose is
                                                                                      clearly impractical.
                                                                                      Repair for any use would
                                                                                      exceed 65 percent of the
                                                                                      original acquisition cost.
S.................................  Scrap..........................................  Material that has no value
                                                                                      except for its basic
                                                                                      material content.
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    Dated: December 3, 1998.
Donald J. Suda,
Acting Associate Administrator, Office of Governmentwide Policy.
[FR Doc. 98-32588 Filed 12-8-98; 8:45 am]
BILLING CODE 6820-24-P