[Federal Register Volume 64, Number 144 (Wednesday, July 28, 1999)]
[Rules and Regulations]
[Pages 40772-40774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19098]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

41 CFR Parts 101-42 and 101-43

[FPMR Amendment H-204]
RIN 3090-AG80


Excess Personal Property Reporting Requirements

AGENCY: Office of Governmentwide Policy, GSA

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule revises 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 rule also revises the FPMR to streamline and simplify 
the assignment of the disposal condition codes which Federal agencies 
use to report their excess personal property for utilization and 
donation.

EFFECTIVE DATE: July 28, 1999.

FOR FURTHER INFORMATION CONTACT: Ms. Martha Caswell, Director, Personal 
Property Management Policy Division (MTP), 202-501-3828.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule combines two proposed rules:
     Donation of Certain Federal Surplus Firearms to State or 
Local Law Enforcement Activities, published in the Federal Register on 
December 9, 1998 (63 FR 68136). Four comments were received and 
considered in the formulation of this final rule.
     Excess Personal Property Reporting Requirements, published 
in the Federal Register on December 29, 1998 (63 FR 71686). No comments 
were received.

B. Executive Order 12866

    The General Services Administration (GSA) has determined that this 
final rule is not a significant rule for the purposes of Executive 
Order 12866 of September 30, 1993.

C. Regulatory Flexibility Act

    GSA certifies that this final rule will not 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.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final rule 
does not impose record keeping 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 (OMB) under 44 U.S.C. 501, et seq.

E. Small Business Regulatory Enforcement Fairness Act

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

List of Subjects

41 CFR Part 101-42

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

41 CFR Part 101-43

    Government property management, Surplus Government property.

    For the reasons set forth in the preamble, 41 CFR Parts 101-42 and 
101-43 are 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) In accordance with Sec. 101-
43.4801(c) of this chapter, reports of excess reportable 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 of this chapter and, when applicable, 
Sec. 101-42.1102-8(b). Additional written justification from the 
requesting agency may be required.
    (b) Donation requirements. (1) Only handguns, rifles, shotguns, and 
individual light automatic weapons, all less than .50 caliber in FSC 
1005, and rifle and shoulder fired grenade launchers in FSC 1010, 
assigned a disposal condition code of 4 or better, as defined in 
Sec. 101-43.4801(e) of this chapter, may be offered by GSA (7FP-8) to 
State agencies for donation to eligible law enforcement entities for 
law enforcement purposes only. Donations are limited to only those 
eligible law enforcement entities 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. Such donations must be executed under Sec. 101-42.1102-8(c) as 
applicable.
    (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, and any other required forms or 
information.
    (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. The donee must notify the State agency when donated 
firearms are no longer needed. The State agency may, with GSA approval, 
reassign firearms from one donee to another donee within the state or 
to another SASP (see Sec. 101-44.205(f) of this chapter); otherwise, 
firearms must be delivered directly to the place of destruction to be 
destroyed by either the donee or the State agency. Destruction must be 
such that each

[[Page 40773]]

complete firearm is 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 and a representative from the State agency, or designee, must 
both state in writing that the firearms were so destroyed and the 
original signed statement must be maintained by the State agency.
    (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)(1) 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.

    (2) 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 the section heading 
and paragraph (b)(2) to read as follows:


Sec. 101-43.305  Nonreportable property and property not subject to GSA 
screening.

* * * * *
    (b) * * *
    (2) Property dangerous to public health and safety, except the 
firearms identified in Sec. 101-43.4801(c);
* * * * *
    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 as described in 
paragraphs (b) and (c) of this section, the disposal condition code as 
defined in paragraph (e) of this section, is X or better; and
    (2) The unit cost, measured in acquisition dollars, is $5,000 or 
more.
    (b) With respect to aircraft and aircraft components and 
accessories:
    (1) In accordance with Sec. 101-43.304-2, and 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 regardless of disposal condition code. In agencies other than 
the Department of Defense (DOD), all line items in these classes must 
be reported regardless of disposal condition code when the dollar 
criteria in paragraph (a)(2) of this section 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 the dollar criteria in 
paragraph (a)(2) of this section 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) With respect to firearms, executive agencies must report the 
following firearms, regardless of unit cost when assigned a disposal 
condition code of 4 or better as defined in paragraph (e) of this 
section, to the General Services Administration (7FP-8), Denver, CO 
80225-0506:
    (1) Handguns, rifles, shotguns, and individual light automatic 
weapons, all 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:

------------------------------------------------------------------------
      FSG             FSC                       Noun name
------------------------------------------------------------------------
10............  1005..........  Guns, through 30mm (Handguns, rifles,
                                 shotguns, and individual light
                                 automatic weapons, all less than .50
                                 caliber only).
                1010..........  Guns, over 30 mm up to 75 mm (Rifle and
                                 shoulder fired grenade launchers only).
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; and 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.

[[Page 40774]]

 
                4920..........  Aircraft maintenance and repair shops
                                 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.
66............  All...........  Instruments and laboratory equipment.
70............  All...........  Information technology equipment.
71............  All...........  Furniture.
73............  All...........  Food preparation and serving equipment.
------------------------------------------------------------------------

    (e) The appropriate disposal condition code from the following 
table must be assigned to each item record, report, or listing of 
excess personal property:

------------------------------------------------------------------------
    Disposal condition code                Expanded definition
------------------------------------------------------------------------
1..............................  Property which is in new condition or
                                  unused condition and can be used
                                  immediately without modifications or
                                  repairs.
4..............................  Property which shows some wear, but can
                                  be used without significant repair.
7..............................  Property which is unusable in its
                                  current condition but can be
                                  economically repaired.
X..............................  Property which has value in excess of
                                  its basic material content, but repair
                                  or rehabilitation is impractical and/
                                  or uneconomical.
S..............................  Property which has no value except for
                                  its basic material content.
------------------------------------------------------------------------

    Dated: July 20, 1999.
David J. Barram,
Administrator of General Services.
[FR Doc. 99-19098 Filed 7-27-99; 8:45 am]
BILLING CODE 6820-24-P