[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]



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.


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 

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.


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:


    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]