[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Rules and Regulations]
[Pages 67865-67867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18460]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 102-5, 102-36, 102-38, 102-39, 102-40, 102-41, and 
102-42

[FMR Case 2024-01; Docket No. GSA-FMR-2024-0001; Sequence No. 1]
RIN 3090-AK79


Federal Management Regulation; Updating the FMR With Diversity, 
Equity, Inclusion, and Accessibility Language

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 that makes technical amendments to 
the Federal Management Regulation (FMR) regarding gender neutrality. 
These technical amendments result in more inclusive language by 
replacing gender-specific pronouns (e.g., he, she, his, her) with non-
gendered pronouns. GSA is also correcting minor grammatical and 
administrative errors in FMR parts 102-5 and 102-42. These changes are 
grammatical and technical in nature and do not result in added costs or 
associated policy changes.

DATES: This final rule is effective on October 21, 2024.

FOR FURTHER INFORMATION CONTACT: Mr. William Garrett, Director, 
Personal Property Policy Division, Office of Government-wide Policy, at 
202-368-8163 or [email protected] for clarification of 
content. For information pertaining to status or publication schedules, 
contact the Regulatory Secretariat Division at 202-501-4755 or 
[email protected]. Please cite ``FMR Case 2024-01.''

SUPPLEMENTARY INFORMATION: 

I. Background

    Executive Order (E.O.) 13988, Preventing and Combating 
Discrimination on the Basis of Gender Identity or Sexual Orientation, 
dated January 20, 2021, establishes a policy ``to prevent and combat 
discrimination on the basis of gender identity or sexual orientation, 
and to fully enforce Title VII and other laws that prohibit 
discrimination on the basis of gender identity or sexual orientation.'' 
The Federal Government must be a model for diversity, equity, 
inclusion, and accessibility, where all employees are treated with 
dignity and respect. Therefore, GSA has undertaken a review of FMR 
parts 102-5 and 102-33 through 102-42.
    Consistent with the American Psychological Association (APA) Style 
Guide, 7th Edition, Publication Manual Section 5.5 guidance on ``Gender 
and Pronoun Usage'', GSA is replacing gender-specific pronouns, such as 
he, she, his, or her, with more inclusive and respectful terminology to 
all segments of society. Other terms that do not use gender-specific 
language, such as Administrator, Architect, employee, and purchaser, 
have also been used as appropriate.

II. Discussion of the Final Rule

A. Summary of Significant Changes

    This final rule is technical in nature and does not significantly 
change any definition, operation, or interpretation of the FMR.

B. Expected Cost Impact to the Public

    There is no expected cost impact to the public due to these 
technical changes to the FMR.

III. Executive Orders 12866, 13563, and 14094

    Executive Order (E.O.) 12866 (Regulatory Planning and Review) 
directs 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 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. E.O. 14094 (Modernizing Regulatory Review) amends Section 
3(f) of E.O. 12866 and supplements and reaffirms the principles, 
structures, and definitions governing contemporary regulatory review 
established in E.O. 12866 and E.O. 13563. The Office of Management and 
Budget's Office of Information and Regulatory Affairs (OIRA) has 
determined that this rule is not a significant regulatory action, and 
therefore, it was not reviewed under Section 6(b) of E.O. 12866.

IV. Congressional Review Act

    OIRA has determined that this rule is not a ``major rule'' under 5 
U.S.C. 804(2). Title II, Subtitle E of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also 
known as the Congressional Review Act or CRA, generally provides that 
before a rule may take effect, unless excepted, the agency promulgating 
the rule must

[[Page 67866]]

submit a rule report, which includes a copy of the rule, to each House 
of the Congress and to the Comptroller General of the United States. 
This rule is excepted from CRA reporting requirements prescribed under 
5 U.S.C. 801 as it relates to agency management or personnel under 5 
U.S.C. 804(3)(B).

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 excepted from the Administrative Procedure Act pursuant to 5 
U.S.C. 553(a)(2) because it applies to agency management or personnel. 
Therefore, an Initial Regulatory Flexibility Analysis was not 
performed.

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 102-5, 102-36, 102-38, 102-39, 
102-40, 102-41, and 102-42.

    Home-to-work transportation, Excess and surplus Government 
property, Government property management.

Robin Carnahan,
Administrator of General Services.

    For the reasons set forth in the preamble, GSA amends 41 CFR parts 
102-5, 102-36, 102-38, 102-39, 102-40, 102-41, and 102-42 as set forth 
below:

PART 102-5--HOME-TO-WORK TRANSPORTATION

0
1. The authority citation for 41 CFR part 102-5 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c); 31 U.S.C. 1344(e)(1).


Sec.  102-5.30  [Amended]

0
2. Amend Sec.  102-5.30 by--
0
a. In the definition of ``field work'', removing from the first 
sentence the words ``his/her regular'' and adding the words ``their 
regular'' in its place;
0
b. In the definition of ``home'', removing the words ``his/her place of 
work '' and adding the words ``their place of work'' in its place;
0
c. In the definition ``home-to-work'', removing the words ``his/her 
home'' and adding the words ``their home'' in its place; and
0
d. In the definition ``work'', removing ``his/her official'' and adding 
``their official'' in its place.

0
3. In Sec.  102-5.35:
0
a. Revise the section heading; and;
0
b. Remove the phrase ``authorized home-to-work'' wherever it appears 
and add, in its place, the phrase ``authorized for home-to-work''.
    The revision reads as follows:


Sec.  102-5.35  Who is authorized for home-to-work transportation?

* * * * *


Sec.  102-5.70  [Amended]

0
4. Amend Sec.  102-5.70 by removing from paragraph (a) ``his/her work'' 
and adding ``their work'' in its place.

0
5. Amend Sec.  102-5.75 by--
0
a. Revising paragraph (b);
0
b. Removing from paragraph (c) the phrase ``his/her official'' and 
adding in its place the phrase ``their official''; and
0
c. Revising the note to the section.
    The revisions read as follows:


Sec.  102-5.75  What circumstances do not establish a basis for 
authorizing home-to-work transportation for field work?

* * * * *
    (b) When the employee's workday begins at their work; or
* * * * *

    Note to Sec.  102-5.75:  For instances where an employee is 
authorized for home-to-work transportation under the field work 
provision, but performs field work only on an intermittent basis, 
the agency shall establish procedures to ensure that a Government 
passenger carrier is used only when field work is actually being 
performed. Although some employees' daily workstation is not located 
in a Government office, these employees are not performing field 
work. Like all Government employees, employees working in a ``field 
office'' are responsible for their own commuting costs.


0
6. Amend Sec.  102-5.90 by:
0
a. Revising the section heading; and
0
b. Removing from the phrase ``the employee home-to-work'' wherever it 
appears and adding in its place ``home-to-work''.
    The revision reads as follows:


Sec.  102-5.90  Should an agency consider whether to base a Government 
passenger carrier at a Government facility near the employee's home or 
work rather than authorize home-to-work transportation?

* * * * *

0
7. Amend Sec.  102-5.105 by revising the first sentence to read as 
follows:


Sec.  102-5.105  May others accompany an employee using home-to-work 
transportation?

    Yes, an employee authorized for home-to-work transportation may 
share space in a Government passenger carrier with other individuals, 
provided that the passenger carrier does not travel additional 
distances as a result and such sharing is consistent with the 
employee's Federal agency's policy. * * *

PART 102-36--DISPOSITION OF EXCESS PERSONAL PROPERTY

0
8. The authority citation for 41 CFR part 102-36 continues to read as 
follows:

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


Sec.  102-36.5  [Amended]

0
9. Amend Sec.  102-36.5 by removing the phrases ``he deems'' and ``his 
functions'' and adding the phrases ``the Administrator deems'' and 
``their functions'' in their places, respectively.


Sec.  102-36.40  [Amended]

0
10. Amend Sec.  102-36.40 by removing from the definition ``Federal 
agency'' the phrase ``his/her direction'' and adding the phrase ``the 
Architect's direction'' in its place.


Sec.  102-36.60  [Amended]

0
11. Amend Sec.  102-36.60 by removing from paragraph (d) the phrase 
``his direction'' and adding the phrase ``the Architect's direction'' 
in its place.


Sec.  102-36.115  [Amended]

0
12. Amend Sec.  102-36.115 by removing from paragraph (a)(1) the phrase 
``he/she represents'' and adding the phrase ``they represent'' in its 
place.


Sec.  102-36.155  [Amended]

0
13. Amend Sec.  102-36.155 by removing from paragraph (d) the phrase 
``his obligations'' and add the phrase ``their obligations'' in its 
place.

PART 102-38--SALE OF PERSONAL PROPERTY

0
14. The authority citation for 41 CFR part 102-38 continues to read as 
follows:

    Authority:  40 U.S.C. 545 and 40 U.S.C. 121(c).


Sec.  102-38.110  [Amended]

0
15. Amend Sec.  102-38.110 by removing the phrase ``(or his/her 
designee)'' and adding the phrase ``(or designee)'' in its place.


Sec.  102-38.195  [Amended]

0
16. Amend Sec.  102-38.195 by removing the phrase ``uses his/her own'' 
and adding the phrase ``does not use an authorized'' in its place.

0
17. Amend Sec.  102-38.240 by

[[Page 67867]]

0
a. Revising the section heading; and
0
b. In paragraph (b) removing the phrase ``his/her bid'' and adding the 
phrase ``their bid''.
    The revision reads as follows:


Sec.  102-38.240  What happens to the deposit bond if the bidder 
defaults or wants to withdraw their bid?

* * * * *


Sec.  102-38.255  [Amended]

0
18. Amend Sec.  102-38.255 by removing from paragraph (a) the phrase 
``his/her bid'' and adding the phrase ``their bid'' in its place.


Sec.  102-38.260  [Amended]

0
19. Amend Sec.  102-38.260 by removing the words ``his/her designee'' 
and adding the word ``designee'' in its place.

PART 102-39--REPLACEMENT OF PERSONAL PROPERTY PURSUANT TO THE 
EXCHANGE/SALE AUTHORITY

0
20. The authority citation for 41 CFR part 102-39 continues to read as 
follows:

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


Sec.  102-39.20  [Amended]

0
21. In Sec.  102-39.20 amend the definition of ``Federal agency'' by 
removing the words ``his/her direction'' and adding, in their place, 
the words ``the Architect's direction.''

PART 102-40--UTILIZATION AND DISPOSITION OF PERSONAL PROPERTY WITH 
SPECIAL HANDLING REQUIREMENTS

0
22. The authority citation for 41 CFR part 102-40 continues to read as 
follows:

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


Sec.  102-40.135  [Amended]

0
23. In Sec.  102-40.135 in paragraph (b) amend the certification 
paragraph by removing the words ``he/she is'' and adding in their place 
the words, ``the purchaser is''.


Sec.  102-40.145  [Amended]

0
24. In Sec.  102-40.145, paragraph (a) amend the certification by-
0
a. Removing from first paragraph the words ``certifies that he/she'' 
and adding in their place the words ``certifies that they''; and
0
b. Removing from the second paragraph the words ``he/she is licensed'' 
and adding in their place the words ``they are licensed''.


Sec.  102-40.160  [Amended]

0
25. Amend Sec.  102-40.160 by:
0
a. In paragraph (c)(1), in the certification, removing the words ``his/
her bid'' and adding in the place the words ``their bid''; and
0
b. In paragraph (c)(2), in the certification, removing the words ``he/
she is'' and adding in their place the words ``they are''.


Sec.  102-40.165  [Amended]

0
26. Amend Sec.  102-40.165 by:
0
a. In paragraph (d)(1), in the certification, removing the words ``his/
her bid'' and adding in their place the words ``their bid'';
0
b. In paragraph (d)(2):
0
i. In the introductory text, removing the words ``his/her license'' and 
adding in their place the words ``the bidder's license''; and
0
c. In the certification removing the words ``he/she is legally'' and 
``his/her license'' and adding their place the words ``they are 
legally'' and ``the bidder's license'', respectively.


Sec.  102-40.170  [Amended]

0
27. In Sec.  102-40.170 amend paragraph (g) by removing from 
certification the words ``that he/she is'' and adding in their place 
the words ``that the purchaser or donee is''.


Sec.  102-40.190  [Amended]

0
28. In Sec.  102-40.190 amend paragraph (b) by removing the words ``his 
or her professional'' and adding in their place the words ``their 
professional''.

PART 102-41--DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY 
ABANDONED, AND UNCLAIMED PERSONAL PROPERTY

0
29. The authority citation for 41 CFR part 102-41 continues to read as 
follows:

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


0
30. Amend Sec.  102-41.135 by revising the section heading to read as 
follows:


Sec.  102-41.135  How much reimbursement do we pay the former owner 
when they file a claim for unclaimed personal property that we no 
longer have?

* * * * *

PART 102-42--UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS 
AND DECORATIONS

0
31. The authority citation for 41 CFR part 102-42 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c); sec. 515, 5 U.S.C. 7342 (91 Stat. 
862).


Sec.  102-42.10  [Amended]

0
32. In Sec.  102-42.10 amend definition of ``Employee'' in paragraph 
(7) by removing the words ``his or her spouse are separated'' and 
adding in their place the words ``the individual's spouse are legally 
separated''.


Sec.  102-42.20  [Amended]

0
33. Amend Sec.  102-42.20 by--
0
a. In paragraph (a) introductory text removing the words ``he/she is 
not'' and adding in their place the words ``the employee is not''; and
0
b. In paragraphs (a)(1) and (b)(1) removing the words ``his/her 
employing'' and adding in their place the words ``their employing''.

[FR Doc. 2024-18460 Filed 8-21-24; 8:45 am]
BILLING CODE 6820-14-P