[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Rules and Regulations]
[Pages 6042-6043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02167]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 102-35 and 102-37

[FMR Case 2018-102-6; Docket No. GSA-FMR-2019-0007, Sequence No. 2]
RIN 3090-AJ98


Federal Management Regulation (FMR); Personal Property; Multiple 
Repeal or Replace Regulatory Actions; Multiple FMR Parts

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

ACTION: Final rule.

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SUMMARY: GSA is issuing a final rule to modify provisions in the 
Federal Management Regulation (FMR) to improve readability and ease of 
use by reorganizing certain FMR parts to reflect the asset management 
life-cycle and by updating the definition of a `museum'.

DATES: Effective: March 7, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. William Garrett, Program Director, 
Office of Government-wide Policy, at 202-368-8163, for clarification of 
content. For information pertaining to status or publication schedules, 
contact the Regulatory Secretariat at 202-501-4755. Please cite FMR 
Case 2018-102-6.

SUPPLEMENTARY INFORMATION:

I. Background

    This final rule amends the FMR to improve readability and ease of 
use. Specifically, it reorganizes certain FMR parts to reflect the 
asset management life-cycle and updates the definition of a `museum'.
    GSA sought public comments on improving FMR regulations through a 
Federal Register document (MA-2017-03) published on May 30, 2017, at 82 
FR 24651. Concurrently, GSA sought comments and recommendations from 
agencies, GSA subject matter experts, and other stakeholders and 
customers.
    The two substantive/germane comments and recommendations elicited 
from the Federal Register document were reviewed by GSA and are 
addressed in this rule. Two other recommendations addressing (1) agency 
asset management systems and (2) use of voluntary consensus standards 
were not included in this rule as GSA does not have the legal authority 
to promulgate regulations addressing property in use by an agency 
before it is reported to GSA as excess personal property.
    Provisions in this final rule make the FMR policies addressing 
personal

[[Page 6043]]

property management more understandable and easier to read. This final 
rule addresses the following:
    1. An amendment to FMR section 102-35.10, listing FMR parts related 
to personal property disposal in sequence so that the listing of FMR 
parts follows the general life-cycle processes related to asset 
management and disposal; and
    2. Revisions to the regulations governing the donation program to 
incorporate legislation regarding museums (Pub. L. 114-287, Section 23) 
to ensure consistency with Federal law. The donation program allows for 
the transfer of Federal surplus personal property to state agencies for 
surplus property for distribution to eligible recipients within their 
state.

II. Discussion of the Final Rule

A. Summary of Significant Changes

    GSA is modifying provisions in the FMR to improve readability and 
ease of use.

B. Analysis of Public Comments

    The proposed rule was published in the Federal Register on June 9, 
2020 (85 FR 35236). Four comments were received, two of which were 
substantive/germane to the rule. An analysis of these public comments 
follows:
    Comment: One respondent indicated that the proposed rule ``is bad 
for the environment and public safety'' and should not be implemented.
    Response: These changes do not involve environmental concerns or 
public safety.
    Comment: One respondent objected to ``eliminating all definition 
references in this proposed rule'' and that it is important to have 
definitions repeated in each area that are critical for understanding 
the requirements.
    Response: Concur. The consolidation of duplicative occurrences of 
definitions has been removed from this final rule.

C. Expected Cost Impact to the Public

    There is no expected cost to the public from this rule, as this 
rule is largely administrative. The changes will result in a better 
user experience with the FMR, as the information will be organized in a 
more logical order.

III. 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 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.

IV. Congressional Review Act

    This rule is not a major rule under 5 U.S.C. 804(2). Additionally, 
this rule is excepted from Congressional Review Act reporting 
requirements prescribed under 5 U.S.C. 801 since it relates to agency 
management or personnel.

V. Regulatory Flexibility Act

    This final rule will not have a significant economic impact on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This 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.

VI. 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 
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.

List of Subjects in 41 CFR Parts 102-35 and 102-37

    Government property management.

Robin Carnahan,
Administrator of General Services.

    For the reasons set forth in the preamble, GSA amends 41 CFR parts 
102-35 and 102-37 as set forth below:

PART 102-35--DISPOSITION OF PERSONAL PROPERTY

0
1. The authority for part 102-35 continues to read as follows:

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


0
2. Amend Sec.  102-35.10 by revising paragraphs (e) thru (g) to read as 
follows:


Sec.  102-35.10  How are these regulations for the disposal of personal 
property organized?

* * * * *
    (e) Utilization and disposition of personal property with special 
handling requirements (part 102-40 of this subchapter B).
    (f) Disposition of seized, forfeited, voluntarily abandoned, and 
unclaimed personal property (part 102-41 of this subchapter B).
    (g) Utilization, donation, and disposal of foreign gifts and 
decorations (part 102-42 of this subchapter B).

PART 102-37--DONATION OF SURPLUS PERSONAL PROPERTY

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

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


0
4. Amend appendix C to part 102-37 by revising the definition of 
``Museum'' to read as follows:

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

* * * * *
    Museum means a public agency or nonprofit educational or public 
health institution that is organized on a permanent basis for 
essentially educational or aesthetic purposes and which, using a 
professional staff, owns or uses tangible objects, either animate or 
inanimate; and cares for these objects. A museum is considered to be 
attended by the public if the museum, at minimum, accedes to any 
request submitted for access during business hours. For the purposes 
of this definition, a museum uses a professional staff if it employs 
at least one full-time staff member or the equivalent, whether paid 
or unpaid, primarily engaged in the acquisition, care, or public 
exhibition of objects owned or used by the museum.

[FR Doc. 2022-02167 Filed 2-2-22; 8:45 am]
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