[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Rules and Regulations]
[Pages 39083-39087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18556]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-2

RIN 3090-AG83


Federal Management Regulation (FMR)

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Interim rule.

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SUMMARY: This year marks the 50th anniversary of the Federal Property 
and Administrative Services Act of 1949 (the Act), as amended. In 
support of the Act's original intent of efficiently managing Government 
assets, GSA is improving its regulatory system by establishing the 
Federal Management Regulation (FMR) as the successor regulation to the 
Federal Property Management Regulations (FPMR). The FMR will provide 
Federal managers with the regulatory materials they need to efficiently 
manage real and personal property and administrative services. Non-
regulatory FMR bulletins will provide related FMR materials.

DATES: Effective Date: July 21, 1999.

    Comment Date: Your comments must reach us by September 20, 1999 to 
be considered in the formulation of a final rule.

ADDRESSES: Send written comments to: Ms. Sharon A. Kiser, Regulatory 
Secretariat (MVRS), Federal Acquisition Policy Division, General 
Services Administration, 1800 F Street, NW, Washington, DC 20405.
    Send comments by e-mail to: RIN.3090-AG[email protected].


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FOR FURTHER INFORMATION CONTACT: Ms. Sharon A. Kiser, Regulatory 
Secretariat, 202-208-7312.

SUPPLEMENTARY INFORMATION:

A. Background

What Content Changes Will Be Part of the Transition From the FPMR to 
the FMR?

    GSA will update, streamline, eliminate and clarify FPMR contents 
before transferring them to the FMR. The FMR will then contain a 
refined set of policies and regulatory requirements on managing 
property and administrative services.
    Non-regulatory materials, such as guidance, procedures, information 
and standards now in the FPMR, will be removed from the regulation and 
will be available in separate documents, such as customer service 
guides, handbooks, brochures, Internet websites, and FMR bulletins. The 
FMR will specify how to find this additional information; e.g., 
ordering and billing information. Content changes will bring the FMR 
into conformance with recommendations from the National Partnership for 
Reinventing Government to reduce regulations and to use plain language.

Is the FMR's Style Different From That in the FPMR?

    Yes, the FMR is written in a ``plain language'' regulatory style. 
This style is directed at the reader and uses a question and answer 
format, active voice, shorter sentences, and, where appropriate, 
pronouns such as, but not limited to, we, you and I. These changes 
comply with the National Partnership for Reinventing Government's 
recommendations to make regulations more efficient and easier to 
understand.

Does the Deviation Policy in the FMR Differ From That in the FPMR?

    Yes, there are changes in the deviation policy. The new approach 
consists of both informal discussions about deviating from the FMR and 
formal correspondence requesting deviation authority. Because the FMR 
consists primarily of set policies and mandatory requirements, FMR 
deviations should occur infrequently and under unique circumstances. 
Agencies should pursue deviations first by informally consulting with 
appropriate GSA officials about whether a deviation is needed and 
whether it would be in accordance with governing statutes, Executive 
orders, or other controlling policies. If informal consultations 
indicate that a formal deviation is needed and can be allowed, agencies 
must request it from GSA in writing. The written request must fully 
explain the reasons for the deviation and how it will be in the 
Government's best interests.

Will the Conversion From the FPMR to the FMR Occur All at Once or 
Incrementally?

    The conversion from the FPMR to the FMR will occur incrementally as 
the regulations are rewritten.

Must Agencies Reference Both the FPMR and the FMR During This 
Conversion?

    Yes. Given an incremental conversion of content from the FPMR to 
the FMR, both regulations will exist concurrently. Depending on the 
subject matter, you may need to read both documents to obtain all 
related material. However, except for parts 101-1 of the FPMR and 102-2 
of the FMR, the same content will not appear in both regulations. These 
two parts will exist concurrently. The general provisions of part 101-1 
of the FPMR (including the FPMR deviation procedures) will apply to any 
aspects of the FPMR not yet replaced by the FMR. The general provisions 
at 102-2 (including the rewritten deviation procedures) will apply to 
new material in the FMR.

B. Executive Order 12866

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

C. Regulatory Flexibility Act

    Since its primary purpose is to establish the structure for a new 
regulation, the FMR, the interim 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. 601-612. 
Additionally, since this interim rule applies to matters concerning 
agency management and personnel, no proposed rule is required.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the interim rule 
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. 501-517.

E. Small Business Regulatory Enforcement Fairness Act

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

F. Determination to Issue an Interim Rule

    Publication for public comment is not required under the 
Administrative Procedures Act because the rule relates solely to agency 
management and personnel, and, therefore, GSA could issue it as a final 
rule. However, GSA would like to receive comments about this action 
before publishing it as a final rule. An interim rule provides two 
benefits. First, it gives agencies a chance to comment on aspects of 
the new regulation. Second, by making the FMR's contents effective 
immediately, it establishes the structure for use by GSA in publishing 
additional parts of the regulation that have already been approved.

List of Subjects in 41 CFR Part 102

    Government property management.

    Dated: June 24, 1999.
David J. Barram,
Administrator of General Services.

    For the reasons set forth in the preamble and under the authority 
of 40 U.S.C. 486(c), Title 41 of the Code of Federal Regulations is 
amended by establishing chapter 102 to read as follows:

CHAPTER 102--FEDERAL MANAGEMENT REGULATION

SUBCHAPTER A--GENERAL

Part
102-1  General [Reserved]
102-2  Federal management regulation system
102-3  Advisory committee management [Reserved]
102-4  Nondiscrimination in Federal financial assistance programs 
[Reserved]
102-5-102-30  [Reserved]

SUBCHAPTER B--PERSONAL PROPERTY

102-31  General [Reserved]
102-32  Management of personal property [Reserved]
102-33  Management of aircraft [Reserved]
102-34  Motor vehicle management [Reserved]
102-35  Disposition of personal property [Reserved]
102-36  Transfer of excess personal property [Reserved]
102-37-102-70  [Reserved]

SUBCHAPTER C--REAL PROPERTY

102-71  General [Reserved]
102-72  Delegation of authority [Reserved]
102-73  Real estate acquisition [Reserved]
102-74  Facility management [Reserved]
102-75  Disposition of real property [Reserved]
102-76  Design and construction [Reserved]
102-77  Art-in-architecture [Reserved]
102-78  Historic preservation [Reserved]
102-79  Assignment and utilization of space [Reserved]
102-80  Safety and environmental management [Reserved]

[[Page 39085]]

102-81  Security [Reserved]
102-82  Utility services [Reserved]
102-83  Centralized services in Federal buildings and complexes 
[Reserved]
102-84  Annual real property inventories [Reserved]
102-85--102-115  [Reserved]

SUBCHAPTER D--TRANSPORTATION

102-116  General [Reserved]
102-117  Transportation management [Reserved]
102-118--102-140  [Reserved]

SUBCHAPTER E--TRAVEL MANAGEMENT

102-141  General [Reserved]
102-142--102-170  [Reserved]

SUBCHAPTER F--TELECOMMUNICATIONS

102-171  General [Reserved]
102-172  Telecommunications management policy [Reserved]
102-173--102-190  [Reserved]

SUBCHAPTER G--ADMINISTRATIVE PROGRAMS

102-191  General [Reserved]
102-192  Mail management [Reserved]
102-193  Records management [Reserved]
102-194  Standard and optional forms program [Reserved]
102-195  Interagency reports management program [Reserved]
102-196  Federal facility ridesharing [Reserved]
102-197--102-220  [Reserved]

SUBCHAPTER H--SUBCHAPTER Z [RESERVED]

SUBCHAPTER A--GENERAL

PART 102-2--FEDERAL MANAGEMENT REGULATION SYSTEM

Subpart A--Regulation System

Sec.

General

102-2.5  What is the Federal Management Regulation (FMR)?
102-2.10  What is the FMR's purpose?
102-2.15  What is the authority for the FMR system?
102-2.20  Which agencies are subject to the FMR?
102-2.25  When are other agencies involved in developing the FMR?
102-2.30  Where and in what formats is the FMR published?
102-2.35  How is the FMR distributed?
102-2.40  May an agency issue implementing and supplementing 
regulations for the FMR?

Numbering

102-2.45  How is the FMR numbered?
102-2.50  How do I number my agency's implementing regulations?
102-2.55  How do I number my agency's supplementing regulations?

Deviations

102-2.60  What is a deviation from the FMR?
102-2.65  When may agencies deviate from the FMR?
102-2.70  What are individual and class deviations?
102-2.75  What timeframes apply to deviations?
102-2.80  What steps must an agency take to deviate from the FMR?
102-2.85  What are the reasons for writing to GSA about FMR 
deviations?
102-2.90  Where should my agency send its correspondence on an FMR 
deviation?
102-2.95  What information must agencies include in their deviation 
letters to GSA?
102-2.100  Must agencies provide GSA with a follow-up analysis of 
their experience in deviating from the FMR?
102-2.105  What information must agencies include in their follow-up 
analysis?
102-2.110  When must agencies provide their follow-up analysis?

Non-Regulatory Material

102-2.115  What kinds of non-regulatory material does GSA publish 
outside of the FMR?
102-2.120  How do I know whom to contact to discuss the regulatory 
requirements of programs addressed in the FMR?
102-2.125  What source of information can my agency use to identify 
materials that describe how to do business with GSA?

Subpart B--Forms

102-2.130  Where are FMR forms prescribed?
102-2.135  How do agencies obtain forms prescribed by the FMR?

Subpart C--Plain Language Regulatory Style

102-2.140  What elements of plain language appear in the FMR?
102-2.145  To what do pronouns refer when used in the FMR?

    Authority: 40 U.S.C. 486(c).

Subpart A--Regulation System

General


Sec. 102-2.5  What is the Federal Management Regulation (FMR)?

    The Federal Management Regulation (FMR) is the successor regulation 
to the Federal Property Management Regulations (FPMR). It contains 
updated regulatory policies originally found in the FPMR. However, it 
does not contain FPMR material that described how to do business with 
the General Services Administration (GSA). ``How to'' materials on this 
and other subjects are available in customer service guides, handbooks, 
brochures and Internet websites provided by GSA. (See Sec. 102-2.125.)


Sec. 102-2.10  What is the FMR's purpose?

    The FMR prescribes policies concerning property management and 
related administrative activities. GSA issues the FMR to carry out the 
Administrator of General Services' functional responsibilities, as 
established by statutes, Executive orders, Presidential memoranda, 
Circulars and bulletins issued by the Office of Management and Budget 
(OMB), and other policy directives.


Sec. 102-2.15  What is the authority for the FMR system?

    The Administrator of General Services prescribes and issues the FMR 
under the authority of the Federal Property and Administrative Services 
Act of 1949, as amended, 40 U.S.C. 486(c), as well as other applicable 
Federal laws and authorities.


Sec. 102-2.20  Which agencies are subject to the FMR?

    The FMR applies to executive agencies unless otherwise extended to 
Federal agencies in various parts of this chapter. The difference 
between the two terms is that Federal agencies include executive 
agencies plus establishments in the legislative or judicial branch of 
the Government. See paragraphs (a) and (b) of this section for the 
definitions of each term.
    (a) What is an executive agency? An executive agency is any 
executive department or independent establishment in the executive 
branch of the Government, including any wholly-owned Government 
corporation. (See 40 U.S.C. 472(a).)
    (b) What is a Federal agency? A Federal agency is 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 that person's 
direction). (See 40 U.S.C. 472(b).)


Sec. 102-2.25  When are other agencies involved in developing the FMR?

    Normally, GSA will ask agencies to collaborate in developing parts 
of the FMR.


Sec. 102-2.30  Where and in what formats is the FMR published?

    Proposed rules are published in the Federal Register. FMR bulletins 
are published in looseleaf format. FMR interim and final rules are 
published in the following formats--
    (a) Federal Register under the ``Rules and Regulations'' section.
    (b) Loose-leaf. (See Sec. 102-2.35.)
    (c) Code of Federal Regulations (CFR), which is an annual 
codification of the general and permanent rules published in the 
Federal Register. The CFR is available on line and in a bound-volume 
format.
    (d) Electronically on the Internet.


Sec. 102-2.35  How is the FMR distributed?

    (a) A liaison appointed by each agency provides GSA with their

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agency's distribution requirements of the looseleaf version of the FMR. 
Agencies must submit GSA Form 2053, Agency Consolidated Requirements 
for GSA Regulations and Other External Issuances, to--General Services 
Administration, Office of Communications (X), 1800 F Street, NW, 
Washington, DC 20405.
    (b) Order Federal Register and Code of Federal Regulations copies 
of FMR material through your agency's authorizing officer.


Sec. 102-2.40  May an agency issue implementing and supplementing 
regulations for the FMR?

    Yes, an agency may issue implementing regulations (see Sec. 102-
2.50) to expand upon related FMR material and supplementing regulations 
(see Sec. 102-2.55) to address subject material not covered in the FMR. 
The Office of the Federal Register assigns chapters in Title 41 of the 
Code of Federal Regulations for agency publication of implementing and 
supplementing regulations.

Numbering


Sec. 102-2.45  How is the FMR numbered?

    (a) All FMR sections are designated by three numbers. The following 
example illustrates the chapter (it's always 102), part, and section 
designations:

BILLING CODE 6820-34-P
[GRAPHIC] [TIFF OMITTED] TR21JY99.001


BILLING CODE 6820-34-C
    (b) In the looseleaf version, the month, year, and number of FMR 
amendments appear at the bottom of each page.


Sec. 102-2.50  How do I number my agency's implementing regulations?

    The first three-digit number represents the chapter number assigned 
to your agency in Title 41 of the CFR. The part and section numbers 
correspond to FMR material. For example, if your agency is assigned 
Chapter 130 in Title 41 of the CFR and you are implementing Sec. 102-
2.60 of the FMR, your implementing section would be numbered Sec. 130-
2.60.


Sec. 102-2.55  How do I number my agency's supplementing regulations?

    Since there is no corresponding FMR material, number the 
supplementing material ``601'' or higher. For example, your agency's 
supplementing regulations governing special services to states might 
start with Sec. 130-601.5.

Deviations


Sec. 102-2.60  What is a deviation from the FMR?

    A deviation from the FMR is an agency action or policy that is 
inconsistent with the regulation. (The deviation policy for the FPMR is 
in 41 CFR part 101-1.)


Sec. 102-2.65  When may agencies deviate from the FMR?

    Because, it consists primarily of set policies and mandatory 
requirements, deviation from the FMR should occur infrequently. 
However, to address unique circumstances or to test the effectiveness 
of potential policy changes, agencies may be able to deviate from the 
FMR after following the steps described in Sec. 102-2.80.


Sec. 102-2.70  What are individual and class deviations?

    An individual deviation is intended to affect only one action. A 
class deviation is intended to affect more than one action (e.g., 
multiple actions, the actions of more than one agency, or individual 
agency actions that are expected to recur).


Sec. 102-2.75  What timeframes apply to deviations?

    Timeframes vary based on the nature of the deviation. However, 
deviations cannot be open-ended. When consulting with GSA about using 
an individual or class deviation, you must set a timeframe for the 
deviation's duration.


Sec. 102-2.80  What steps must an agency take to deviate from the FMR?

    (a) Consult informally with appropriate GSA program personnel to 
learn more about how your agency can work within the FMR's requirements 
instead of deviating from them. The consultation process may also 
highlight reasons why an agency would not be permitted to deviate from 
the FMR; e.g., statutory constraints.
    (b) Formally request a deviation, if consultations indicate that 
your agency needs one. The head of your agency or a designated official 
should write to GSA's Regulatory Secretariat to the attention of a GSA 
official in the program office that is likely to consider the 
deviation. (See the FMR bulletin that lists contacts in GSA's program 
offices and Sec. 102-2.90.) The written request must fully explain the 
reasons for the deviation, including the benefits that the agency 
expects to achieve.


Sec. 102-2.85  What are the reasons for writing to GSA about FMR 
deviations?

    The reasons for writing are to:
    (a) Explain your agency's rationale for the deviation. Before it 
can adequately comment on a potential deviation from the FMR, GSA must 
know why it is needed. GSA will compare your need against the 
applicable policies and regulations.
    (b) Obtain clarification from GSA as to whether statutes, Executive 
orders, or other controlling policies, which may not be evident in the 
regulation, preclude deviating from the FMR for the reasons stated.
    (c) Establish a timeframe for using a deviation.
    (d) Identify potential changes to the FMR.
    (e) Identify the benefits and other results that the agency expects 
to achieve.


Sec. 102-2.90  Where should my agency send its correspondence on an FMR 
deviation?

    Send correspondence to: General Services Administration, Regulatory 
Secretariat (MVRS), Office of Governmentwide Policy, 1800 F Street, NW, 
Washington, DC 20405.


Sec. 102-2.95  What information must agencies include in their 
deviation letters to GSA?

    Agencies must include:
    (a) The title and citation of the FMR provision from which the 
agency wishes to deviate;
    (b) The name and telephone number of an agency contact who can 
discuss the reason for the deviation;
    (c) The reason for the deviation;
    (d) A statement about the expected benefits of using the deviation 
(to the extent possible, expected benefits should be stated in 
measurable terms);

[[Page 39087]]

    (e) A statement about possible use of the deviation in other 
agencies or Governmentwide; and
    (f) The duration of the deviation.


Sec. 102-2.100  Must agencies provide GSA with a follow-up analysis of 
their experience in deviating from the FMR?

    Yes, agencies that deviate from the FMR must also write to the 
relevant GSA program office at the Regulatory Secretariat's address 
(see Sec. 102-2.90) to describe their experiences in using a deviation.


Sec. 102-2.105  What information must agencies include in their follow-
up analysis?

    In your follow-up analysis, provide information that may include, 
but should not be limited to, specific actions taken or not taken as a 
result of the deviation, outcomes, impacts, anticipated versus actual 
results, and the advantages and disadvantages of taking an alternative 
course of action.


Sec. 102-2.110  When must agencies provide their follow-up letters?

    (a) For an individual deviation, once the action is complete.
    (b) For a class deviation, at the end of each twelve-month period 
from the time you first took the deviation and at the end of the 
deviation period.

Non-Regulatory Material


Sec. 102-2.115  What kinds of non-regulatory material does GSA publish 
outside of the FMR?

    As GSA converts the FPMR to the FMR, non-regulatory materials in 
the FPMR, such as guidance, procedures, standards, and information, 
that describe how to do business with GSA, will become available in 
separate documents. These documents may include customer service 
guides, handbooks, brochures, Internet websites, and FMR bulletins. GSA 
will eliminate non-regulatory material that is no longer needed.


Sec. 102-2.120  How do I know whom to contact to discuss the regulatory 
requirements of programs addressed in the FMR?

    Periodically, GSA will issue for your reference an FMR bulletin 
that lists program contacts with whom agencies can discuss regulatory 
requirements. At a minimum, the list will contain organization names 
and telephone numbers for each program addressed in the FMR.


Sec. 102-2.125  What source of information can my agency use to 
identify materials that describe how to do business with GSA?

    The FMR establishes policy; it does not specify procedures for the 
acquisition of GSA services. However, as a service to users during the 
transition from the FPMR to the FMR and as needed thereafter, GSA will 
issue FMR bulletins to identify where to find information on how to do 
business with GSA. References include customer service guides, 
handbooks, brochures, Internet websites, etc.

Subpart B--Forms


Sec. 102-2.130  Where are FMR forms prescribed?

    In any of its parts, the FMR may prescribe forms and the 
requirements for using them.


Sec. 102-2.135  How do agencies obtain forms prescribed by the FMR?

    For copies of the forms prescribed by in the FMR, do any of the 
following:
    (a) Write to us at: General Services Administration, National Forms 
and Publications Center (7CPN), Warehouse 4, Dock No. 1, 501 West Felix 
Street, Fort Worth, TX 76115.
    (b) Send e-mail messages to: NFPC@gsa-7FDepot.
    (c) Visit our web site at: www.gsa.gov/forms/forms.htm.

Subpart C--Plain Language Regulatory Style


Sec. 102-2.140  What elements of plain language appear in the FMR?

    The FMR is written in a ``plain language'' regulatory style. This 
style is easy to read and uses a question and answer format directed at 
the reader, active voice, shorter sentences, and, where appropriate, 
personal pronouns.


Sec. 102-2.145  To what do pronouns refer when used in the FMR?

    Throughout its text, the FMR may contain pronouns such as, but not 
limited to, we, you, and I. When pronouns are used, each subchapter of 
the FMR will indicate whether they refer to the reader, an agency, GSA, 
or some other entity. In general, pronouns refer to who or what must 
perform a required action.

[FR Doc. 99-18556 Filed 7-20-99; 8:45 am]
BILLING CODE 6820-34-P