[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Rules and Regulations]
[Pages 42448-42449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18041]

[[Page 42448]]



41 CFR Part 102-84

[FMR Case 2018-102-8; Docket 2018-0009; Sequence 1]
RIN 3090-AJ72

Federal Management Regulation; Annual Real Property Inventories

AGENCY: Office of Government-wide Policy (OGP), General Services 
Administration (GSA).

ACTION: Direct final rule; request for comments.


SUMMARY: The General Services Administration (GSA) is issuing a direct 
final rule to remove and reserve regulations regarding the Federal 
Management Regulation (FMR). The regulations contain ambiguous and 
outdated provisions regarding reporting requirements, as well as 
references to systems and forms that are no longer used by agencies or 
GSA. The regulations are also unnecessary as a result of the Federal 
Assets Sale and Transfer Act of 2016 and the Federal Property 
Management Reform Act of 2016, which require executive agencies to 
report real property data annually to GSA.

DATES: Effective date: October 22, 2018.
    Comment date: Interested parties should submit written comments to 
the Regulatory Secretariat Division at one of the addresses shown below 
on or before September 21, 2018. If an adverse comment or notice of 
intent to file an adverse comment is received within the specified 
comment period, GSA will publish a document in the Federal Register 
withdrawing this rule prior to the effective date.

ADDRESSES: Submit comments in response to FMR Case 2018-102-8 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal Rulemaking Portal by entering ``FMR Case 2018-
102-8'' under the heading ``Enter Keyword or ID'' and select 
``Search''. Select the link ``Submit a Comment'' that corresponds with 
``FMR Case 2018-102-8'' and follow the instructions provided at the 
``Comment Now'' screen. Please include your name, company name (if 
any), and ``FMR Case 2018-102-8'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Ms. Lois Mandell, 1800 F Street NW, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FMR Case 2018-
102-8 in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and business confidential information provided. To confirm 
receipt of your comment(s), please check http://www.regulations.gov 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Aluanda Drain, Director, Real Property Policy Division, Office of 
Government-wide Policy, at 202-501-1624, or [email protected]. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, 
DC 20405, 202-501-4755. Please cite FMR Case 2018-102-8.


A. Background

    Federal agencies annually reported real property assets as a result 
of the Senate Committee on Appropriations request that the Government 
maintain an Annual Real Property Inventory. Executive Order (E.O.) 
12411, Government Work Space Management Reforms, dated March 29, 1983 
(48 FR 13391, 3 CFR, 1983 Comp., p. 155), requires Executive agencies 
to produce and maintain a total inventory of work space and related 
furnishings, and declare excess to the Administrator of General 
Services all such holdings that are not necessary to satisfy existing 
or known and verified planned programs. It further requires agencies to 
establish information systems, implement inventory controls and conduct 
surveys in accordance with procedures established by the Administrator 
of General Services, so that a government-wide reporting system may be 
    E.O. 13327, Federal Real Property Asset Management, dated February 
4, 2004 (69 FR 5897), required that the Administrator of General 
Services, in consultation with the Federal Real Property Council, 
establish and maintain a single, comprehensive and descriptive database 
of all real property under the custody and control of all executive 
branch agencies, except when otherwise required for reasons of national 
security. This E.O. authorized the Administrator to collect from each 
Executive agency such descriptive information, except for classified 
information, as the Administrator considers will best describe the 
nature, use, and extent of real property holdings of the Federal 
    Since the last part 102-84 regulatory update in January 2008 to 
incorporate the guidance of E.O. 13327, the E.O. has been amended. More 
recently two laws were enacted, the Federal Assets Sales and Transfer 
Act of 2016 (Pub. L. 114-287) and the Federal Property Management 
Reform Act of 2016 (Pub. L. 114-318) that create a statutory 
requirement for a publicly accessible federal real property database 
and require executive agencies to report real property data annually to 
    Therefore, part 102-84, Annual Real Property Inventories, is 
unnecessary and outdated, and under the authority of 40 U.S.C. 121(c), 
GSA is removing part 102-84, Annual Real Property Inventories, and 
reserving it.

B. Executive Orders 12866 and 13563

    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. GSA has determined 
that this direct final rule is not a significant regulatory action and 
is not subject to review under section 6(b) of E.O. 12866. GSA has 
further determined that this direct final rule is not a major rule 
under 5 U.S.C. 804.

C. Executive Order 13771

    This direct final rule is not subject to the requirements of E.O. 
13771 because it is related to agency organization, management, or 

D. Regulatory Flexibility Act

    This direct final rule will not have a significant economic impact 
on a substantial number of entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. This direct final rule 
is also exempt from the Administrative Procedures Act per 5 U.S.C. 
553(a)(2), because it applies to agency management or personnel.

E. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FMR do not impose recordkeeping or information collection 
requirements, or the collection of information from offerors, 
contractors, or members of the public that require the approval of the

[[Page 42449]]

Office of Management and Budget under 44 U.S.C. 3501 et seq.

F. Small Business Regulatory Enforcement Fairness Act

    This direct 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 102-84

    Federal buildings and facilities, Government property management.

    Dated: August 14, 2018.
Emily W. Murphy,


For the reasons stated in the preamble, and under the authority of 40 
U.S.C. 121(c), GSA is removing and reserving 41 CFR part 102-84, 
consisting of sections 102-84.5 through 102-84.55.

[FR Doc. 2018-18041 Filed 8-21-18; 8:45 am]