[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Rules and Regulations]
[Pages 11539-11540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5409]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-39

[FMR Amendment 2004-1; FMR Case 2003-102-2]
RIN 3090-AH92


Federal Management Regulation; Replacement of Personal Property 
Pursuant to the Exchange/Sale Authority

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) revised the Federal 
Property Management Regulations (FPMR) by moving coverage related to 
the sale of personal property to the Federal Management Regulation 
(FMR). Because of the transfer of this coverage as well as the 
codification of Title 40 of the United States Code into positive law, 
several cross-references are no longer valid in existing FMR parts. 
This final rule amends the FMR by updating certain cross-references in 
41 CFR part 102-39 and providing the new statutory citations to Title 
40 of the United States Code.

DATES: Effective Date: March 11, 2004.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035, 
GS Building, Washington, DC, 20405, (202) 208-7312, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Rick Bender, Office of Governmentwide Policy, 
Personal Property Management Policy, at (202) 501-3448. Please cite FMR 
case 2003-102-2, Amendment 2004-1.

SUPPLEMENTARY INFORMATION:

A. Background

    GSA is in the process of revising the FPMR and transferring most of 
the content into a new, streamlined FMR. Several sections in FMR part 
102-39 (41 CFR part 102-39) contain references to FPMR sections that no 
longer exist. This final rule amends the FMR by providing references to 
existing FMR sections concerning the sale of personal property.

B. Executive Order 12866

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

C. Regulatory Flexibility Act

    This final rule is not required to be published in the Federal 
Register for comment. Therefore, the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq., does not apply.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the 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 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 102-39

    Government property management.

    Dated: January 23, 2004.
Stephen A. Perry,
Administrator of General Services.

0
For the reasons set forth in the preamble, GSA amends 41 CFR part 102-
39 as set forth below:

PART 102-39--REPLACEMENT OF PERSONAL PROPERTY PURSUANT TO THE 
EXCHANGE/SALE AUTHORITY

0
1. The authority citation for 41 CFR part 102-39 continues to read as 
follows:

    Authority: 40 U.S.C. 503 and 121(c).


Sec.  102-39.10  [Amended]

0
2. Amend Sec.  102-39.10 by removing ``101-37'' from the last sentence 
and adding ``102-33'' in its place.

0
3. Amend Sec.  102-39.30 by revising the second sentence to read as 
follows:


Sec.  102-39.30  When should I not use the exchange/sale authority?

    * * * You must either abandon or destroy such property, or declare 
the property excess, in accordance with part 102-36 of this chapter. * 
* *


Sec.  102-39.40  [Amended]

0
4. Amend Sec.  102-39.40 in the second sentence of paragraph (b) by 
removing ``Sec.  101-45.304-12'' and adding ``Sec.  102-38.125'' in its 
place.


Sec.  102-39.45  [Amended]

0
5. Amend Sec.  102-39.45 in paragraph (i) by removing ``Sec.  101-
37.610'' and adding ``Sec.  102-33.370'' in its place.

0
6. Amend Sec.  102-39.65 in the introductory text of paragraph (a) by 
revising the first sentence; and in paragraph (b) by removing ``Sec.  
101-45.304-2(b)'' and adding Sec. Sec.  102-38.120 and 102-38.125'' in 
its place. The revised text reads as follows:

[[Page 11540]]

Sec.  102-39.65  What are the sales methods?

    (a) You must use the methods, terms, and conditions of sale, and 
the forms prescribed in part 102-38 of this title, in the sale of 
property being replaced, except for the provisions of Sec. Sec.  102-
38.100 through 102-38.115 of this title regarding negotiated sales. * * 
*
* * * * *
[FR Doc. 04-5409 Filed 3-10-04; 8:45 am]
BILLING CODE 6820-14-P