[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Rules and Regulations]
[Pages 64513-64515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25817]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-37

[FMR Change-2014-05; FMR Case 2012-102-2; Docket No. 2012-0007; 
Sequence No. 1]
RIN 3090-AJ26


Federal Management Regulation; Donation of Surplus Personal 
Property

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

ACTION: Final rule.

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SUMMARY: The General Services Administration is amending the Federal 
Management Regulation (FMR) by changing its personal property policy. 
The changes include the addition of certain veterans organizations as 
eligible donation recipients, updating and clarifying language 
regarding the use of Standard Form 97, The United States Government 
Certificate to Obtain Title to a Vehicle (SF 97), instructing agencies 
to ensure against unauthorized use of blank copies of SF 97, making 
minor clarifying edits to existing policies, and removing and reserving 
certain regulations that are no longer required.

DATES: Effective: October 30, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Holcombe, Office of 
Governmentwide Policy, Office of Asset and Transportation Management 
(MT), at 202-501-3828 or by email at [email protected] for 
clarification of content. For information pertaining to status or 
publication schedules contact the Regulatory Secretariat at 202-501-
4755. Please cite FMR Case 2012-102-2.

SUPPLEMENTARY INFORMATION:

A. Background

    GSA published a proposed rule in the Federal Register at 77 FR 
50447 on August 21, 2012. As a result, two comments were received that 
suggested revisions or clarifications to Federal Acquisition Regulation 
(FAR) section 31.205-8 concerning whether contractor contributions or 
donations of contractor-owned property to veterans organizations are 
allowable costs under a contract. Because that issue is outside the 
scope of this final rule, both submitters were provided with the 
procedures for suggesting changes to the FAR. Additionally GSA informed 
the submitters that Federal property used by contractors is screened 
for use and donation under the plant clearance processes contained in 
FAR part 45. Specifically, Federal property is made available for 
screening by other Federal agencies and eligible donees under FAR 
section 45.602-3. The proposed new subpart J, ``Insuring Donated 
Property,'' published in the proposed rule has been removed from this 
final rule because GSA determined that, as a general matter, the 
decision to acquire insurance rests with the recipient of the property. 
No other substantive changes have been made to that which was published 
as the proposed rule.

B. Changes

    The changes in this final rule include (1) the addition of certain 
veterans organizations as eligible donation recipients as authorized by 
40 U.S.C. 549(c)(3)(C); (2) updating and clarifying language regarding 
the use of Standard Form 97, The United States Government Certificate 
to Obtain Title to a Vehicle (SF 97), and instructing agencies to 
ensure against unauthorized use of blank copies of SF 97; (3) making 
minor clarifying edits to existing policies; and (4) removing and 
reserving current FMR sections 102-37.180 and 102-37.185 as screener 
identification cards are no longer required.

C. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This final rule is not a significant regulatory action, and therefore, 
was not subject to review under Section 6(b) of E.O. 12866, Regulatory 
Planning and Review, dated September 30, 1993. This final rule is not a 
major rule under 5 U.S.C. 804.

D. Regulatory Flexibility Act

    This final rule will not have a significant economic impact on a 
substantial number of small entities

[[Page 64514]]

within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et 
seq. This final rule is also exempt from the Administrative Procedure 
Act per 5 U.S.C. 553(a)(2) because it applies to agency management and 
public property.

E. 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.

F. Small Business Regulatory Enforcement Fairness Act

    This final rule is exempt from Congressional review under 5 U.S.C. 
801 since it does not substantially affect the rights or obligations of 
non-agency parties.

List of Subjects in 41 CFR Part 102-37

    Donation of Surplus Personal Property.

    Dated: October 3, 2014.
Dan Tangherlini,
Administrator of General Services.

    For the reasons set forth in the preamble, GSA is amending 41 CFR 
part 102-37 as set forth below:

PART 102-37--DONATION OF SURPLUS PERSONAL PROPERTY

0
1. The authority for part 102-37 continues to read as follows:

    Authority:  40 U.S.C. 549 and 121(c).


0
2. Amend Sec.  102-37.25 by alphabetically adding the definition 
``Allocation'' to read as follows:


Sec.  102-37.25  What definitions apply to this part?

* * * * *
    Allocation means the process by which GSA identifies the SASP to 
receive surplus property on a fair and equitable basis, taking into 
account the condition of the property as well as the original 
acquisition cost of the property.
* * * * *

0
3. Amend Sec.  102-37.50 by revising paragraph (c) to read as follows:


Sec.  102-37.50  What is the general process for requesting surplus 
property for donation?

* * * * *
    (c) The American National Red Cross should submit requests to GSA 
as described in subpart G of this part when obtaining property under 
the authority of 40 U.S.C. 551.
* * * * *

0
4. Amend Sec.  102-37.125 by revising paragraph (a)(3) to read as 
follows:


Sec.  102-37.125  What are some donations that do not require GSA's 
approval?

    (a) * * *
    (3) Donations by the Small Business Administration (SBA) to small 
disadvantaged businesses under 13 CFR part 124 (although collaboration 
and agreement between the SBA, SASPs, and GSA is encouraged); and
* * * * *

0
5. Amend Sec.  102-37.175 by--
0
a. Removing ``GSA's system, FEDS)'' and adding ``GSAXcess)'' in its 
place;
0
b. Designating the existing paragraph as paragraph (a); and
0
c. Adding paragraph (b).
    The addition reads as follows:


Sec.  102-37.175  How does a SASP find out what property is potentially 
available for donation?

* * * * *
    (b) For the SASP (or a SASP's representative) to perform onsite 
screening, the screener must coordinate the onsite visit and screening 
with the individual holding agency or organization. The screener should 
ascertain the identification required and any special procedures for 
access to the facility or location.


Sec. Sec.  102-37.180 and 102-37.185  [Removed and Reserved]

0
6. Remove and reserve Sec. Sec.  102-37.180 and 102-37.185.
0
7. Amend Sec.  102-37.380 by adding paragraph (d) to read as follows:


Sec.  102-37.380  What is the statutory authority for donations of 
surplus Federal property made under this subpart?

* * * * *
    (d) Section 549(c)(3)(C) of title 40, United States Code authorizes 
SASPs to donate property to veterans organizations, for purposes of 
providing services to veterans (as defined in section 101 of title 38). 
Eligible veterans organizations are those whose:
    (1) Membership comprises substantially veterans; and
    (2) Representatives are recognized by the Secretary of Veterans 
Affairs under section 5902 of title 38.

0
8. Amend Sec.  102-37.420 by adding a second sentence to read as 
follows:


Sec.  102-37.420  May a SASP grant conditional eligibility to 
applicants who would otherwise qualify as eligible donees, but have 
been unable to obtain approval, accreditation, or licensing because 
they are newly organized or their facilities are not yet constructed?

    * * * Conditional eligibility may be granted for a limited and 
reasonable time, not to exceed one year.

0
9. Amend Sec.  102-37.430 by adding a third sentence to read as 
follows:


Sec.  102-37.430  What property can a SASP make available to a donee 
with conditional eligibility?

    * * * If property is provided to the donee with conditional 
eligibility, and the conditional eligibility lapses (see Sec.  102-
37.420), the property must be returned to the SASP for redistribution 
or disposal.

0
10. Add Subpart I, consisting of Sec. Sec.  102-37.585 through 102-
37.600, to read as follows:
Subpart I--Transfer of Vehicle Title to a Donee
Sec.
102-37.585 In transferring donated surplus vehicles, what is the 
responsibility of the holding agency?
102-37.590 In transferring donated surplus vehicles, what is the 
responsibility of the SASP?
102-37.595 When transferring donated surplus vehicles, what is the 
responsibility of the donee?
102-37.600 When does title to a surplus donated vehicle change 
hands?

Subpart I--Transfer of Vehicle Title to a Donee


Sec.  102-37.585  In transferring donated surplus vehicles, what is the 
responsibility of the holding agency?

    (a) The holding agency is responsible for preparing Standard Form 
97, The United States Government Certificate to Obtain Title to a 
Vehicle (SF 97) upon notification by GSA that a donee has been 
identified. The SF 97 may be prepared by GSA if mutually agreed upon by 
the holding agency and GSA. The holding agency is designated as the 
``transferor.''
    (b) If the holding agency authorizes or requires any other entity, 
including a contractor or grantee, to complete this SF 97, the holding 
agency must first ensure compliance with the Paperwork Reduction Act.
    (c) The SF 97 is a serially numbered, controlled form, stock number 
7540-00-634-4047, which can be obtained by executive agencies from GSA 
Global Supply or online at www.gsaglobalsupply.gsa.gov. Proper 
precautions shall be exercised by the agency to prevent blank copies of 
the SF 97 from being obtained by unauthorized persons.


Sec.  102-37.590  In transferring donated surplus vehicles, what is the 
responsibility of the SASP?

    The SASP is responsible for facilitating the transfer of the 
surplus vehicle to the donee in accordance with this part. The SASP 
should not sign the

[[Page 64515]]

SF 97 as ``transferee'' unless the SASP is the donee.


Sec.  102-37.595  When transferring donated surplus vehicles, what is 
the responsibility of the donee?

    The donee is responsible for processing the SF 97 in accordance 
with state licensing and titling authorities. The donee signs the SF 97 
as ``transferee'' upon receipt of the surplus motor vehicle. The donee 
is responsible for notifying the SASP if a SF 97 is not provided by the 
Government.


Sec.  102-37.600  When does title to a surplus donated vehicle change 
hands?

    Title to the vehicle rests with the holding agency until the SF 97 
is signed by the donee upon receipt of the surplus motor vehicle. (If 
applicable under the terms of the donation, the title will be 
conditional until the end of the period of restriction).

0
11. Amend Appendix C to part 102.37 by alphabetically adding the 
definition of ``Veterans Organizations'' to read as follows:

Appendix C to Part 102-37--Glossary of Terms for Determining 
Eligibility of Public Agencies and Nonprofit Organizations

* * * * *
    Veterans Organizations means organizations eligible to receive 
Federal surplus property for purposes of providing services to 
veterans under 40 U.S.C. 549(c)(3)(C). Eligible veterans 
organizations are those whose (1) membership comprises substantially 
veterans (as defined under 38 U.S.C. 101); and (2) representatives 
are recognized by the Secretary of Veterans Affairs under 38 U.S.C. 
5902. The Department of Veterans Affairs maintains a searchable Web 
site of recognized organizations. The address is http://www.va.gov/ogc/apps/accreditation/index.asp.

[FR Doc. 2014-25817 Filed 10-29-14; 8:45 am]
BILLING CODE 6820-14-P