[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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