[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Rules and Regulations]
[Page 24820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10663]

[[Page 24820]]



41 CFR Part 102-39

[FMR Amendment 2010-01; FMR Case 2009-102-3; Docket No. 2009-0002, 
Sequence 5]
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: Final rule.


SUMMARY: The General Services Administration (GSA) is amending the 
Federal Management Regulation (FMR) by making changes to its policy on 
the replacement of personal property pursuant to the exchange/sale 

DATES: This final rule is effective on June 7, 2010.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Robert Holcombe, Office of Governmentwide Policy, Office of Travel, 
Transportation, and Asset Management (MT), (202) 501-3828 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 Amendment 2010-01; FMR Case 2009-102-3.


A. Background

    A proposed rule was published in the Federal Register at 74 FR 
30493 on June 26, 2009. Three changes were proposed. One proposed 
change, removing the exchange/sale prohibition on aircraft and airframe 
structural components subject to certain conditions, received several 
comments. GSA is considering those comments and has decided not to go 
forward with that change at this time.
    Another proposed change considered removing the prohibition on 
using scrap property in an exchange/sale transaction when the property 
had utility and value at the point in time when a determination was 
made to use the exchange/sale authority, thus addressing situations 
where the dismantling of property rendered it as ``scrap'', but where 
replacement of property similar to the originally-configured property 
is still required. Only one substantive comment was received regarding 
that proposed change. The commenter suggested that property which has 
been coded as scrap because of damage caused by, for example, natural 
disaster or accident, should also be eligible for exchange/sale. GSA 
agrees with that comment, and has addressed it in the final rule.
    The third proposed change was editorial in nature. GSA received no 
comments regarding it.

B. Executive Order 12866

    This final 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 final rule is not required to be published in the Federal 
Register for comment. Therefore, the Regulatory Flexibility Act 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 and personal property.

    Dated: March 22, 2010.
Martha Johnson,
Administrator of General Services.

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


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

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

2. Amend Sec.  102-39.60 by revising paragraph (e) to 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 had utility and value at the point in time when a 
determination was made to use the exchange/sale authority;
    (2) Property that was otherwise eligible for exchange/sale, but was 
coded as scrap due to damage (e.g., accident or natural disaster); or
    (3) Scrap gold for fine gold.
* * * * *

Sec.  102-39.80  [Amended]

3. Amend Sec.  102-39.80, second sentence, by adding ``exchanged or'' 
before the word ``sold''.

[FR Doc. 2010-10663 Filed 5-5-10; 8:45 am]