[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Proposed Rules]
[Pages 68136-68138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32588]
[[Page 68135]]
_______________________________________________________________________
Part V
General Services Administration
_______________________________________________________________________
41 CFR Parts 101-42 and 101-43
Donation of Certain Federal Surplus Firearms to State or Local Law
Enforcement Activities; Proposed Rule
Federal Register / Vol. 63, No. 236 / Wednesday, December 9, 1998 /
Proposed Rules
[[Page 68136]]
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-42 and 101-43
[FPMR Amendment H- ]
RIN 3090-AG80
Donation of Certain Federal Surplus Firearms to State or Local
Law Enforcement Activities
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is proposing to
amend the Federal Property Management Regulations (FPMR) to remove the
prohibition on donation of surplus Federal firearms to allow donations
to State and local law enforcement activities. This change, the result
of interagency meetings with Federal law enforcement agencies in
conjunction with the Department of Justice, will enable certain usable
firearms acquired for Federal law enforcement purposes to continue
serving a law enforcement role. This proposed rule establishes a
centralized activity within GSA to coordinate all firearms transfers
under the FPMR and specifies that donated firearms are restricted in
perpetuity and may not be transferred except in accordance with this
rule.
DATES: Comments must be submitted by January 8, 1999 to be considered
in the formulation of a final rule.
ADDRESSES: Written comments should be sent to: Ms. Sharon Kiser,
Regulatory Secretariat (MVR), Office of Governmentwide Policy, General
Services Administration 1800 F Street, NW., Washington, DC 20405.
E-mail comments may be sent to RIN.3090-AG80@gsa.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Martha Caswell, Director, Personal
Property Management Policy Division (MTP), telephone (202) 501-3846.
SUPPLEMENTARY INFORMATION:
A. Executive Order 12866
GSA has determined that this proposed rule is not a significant
regulatory action for the purposes of Executive Order 12866 of
September 30, 1993.
B. Regulatory Flexibility Act
The proposed rule is not expected to 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.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the regulation
does not impose recordkeeping or information collection requirements,
or the collection of information from offerors, contractors, or members
of the public which require the approval of the Office of Management
and Budget (OMB) under 44 U.S.C. 501, et seq.
D. Small Business Reform Act
This rule is exempt from congressional review prescribed under 5
U.S.C. 801 since it relates solely to agency management and personnel.
List of Subjects in 41 CFR Parts 101-42 and 101-43
Government property management, Hazardous materials, Reporting and
recordkeeping requirements, Surplus Government property.
For the reasons set forth in the preamble, 41 CFR Parts 101-42 and
101-43 are proposed to be amended as follows:
1. The authority citation for Parts 101-42 and 101-43 continues to
read as follows:
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c).
PART 101-42--UTILIZATION AND DISPOSAL OF HAZARDOUS MATERIALS AND
CERTAIN CATEGORIES OF PROPERTY
2. Section 101-42.1102-10 is amended by revising paragraphs (a) and
(b) to read as follows:
Sec. 101-42.1102-10 Firearms.
(a) Utilization requirements. (1) Reports of excess firearms and
requests for their transfer must be submitted to the: General Services
Administration (7FP-8), Denver, CO 80225-0506.
(2) Firearms may be transferred only to those Federal agencies
authorized to acquire firearms for official use. Such transfers must be
executed under Sec. 101-43.309-5 and, when applicable, Sec. 101-
42.1102-8(b). Additional written justification from the requesting
agency may be required.
(b) Donation requirements. (1) Only hand guns, rifles, shotguns,
individual light automatic weapons, and rifle and shoulder fired
grenade launchers in ``used--poor'' or better condition, as defined in
Sec. 101-43.4801(e), may be offered by GSA (7FP-8) to State agencies
for donation to State and local public agencies for law enforcement
purposes only. Donations are limited to only those law enforcement
activities whose primary function is the enforcement of applicable
Federal, State, and/or local laws, and whose compensated law
enforcement officers have powers to apprehend and arrest.
(2) Each SF 123 submitted to GSA must be accompanied by a
conditional transfer document, signed by both the intended donee and
the State agency, and containing the special terms, conditions, and
restrictions prescribed by GSA.
(3) The restrictions on donated firearms shall be in perpetuity,
and they may not be released by the State agency without prior written
approval from GSA. All firearms must be destroyed by either the donee
or the State agency when they are no longer needed. Destruction must be
such that the firearms are rendered completely inoperable and incapable
of being made operable for any purpose except for the recovery of basic
material content in accordance with paragraph (c) of this section. The
donee or the State agency, as applicable, must state in writing that
the firearms were so destroyed.
(4) Surplus firearms approved for donation must be shipped or
transported directly from the holding Federal agency to the donee and
may not be stored in the State agency warehouse; or, arrangements may
be made by the State agency for the designated donee to make a direct
pickup at the holding agency.
(5) Firearm ammunition may not be donated.
* * * * *
PART 101-43--UTILIZATION OF PERSONAL PROPERTY
3. Section 101-43.304-2 is amended by revising paragraph (b) to
read as follows:
Sec. 101-43.304-2 Form and distribution of reports.
* * * * *
(b) The SF 120 and SF 120A must be submitted in an original and
three copies. Electronic reporting must be as specified and approved by
GSA. Reports must be directed to the GSA regional office for the region
in which the property is located (see Sec. 101-43.4802). However,
reports of fixed-wing and rotary-wing aircraft must be submitted to the
General Services Administration (9FB), San Francisco, CA 94015, and
reports of excess firearms must be submitted to the General Services
Administration (7FP-8), Denver, CO 80225-0506.
4. Section 101-43.305 is amended by revising paragraph (b)(2) to
read as follows:
[[Page 68137]]
Sec. 101-43.305 Property not required to be formally reported.
* * * * *
(b) * * *
(2) Property dangerous to public health and safety, except
firearms;
* * * * *
5. Section 101-43.4801 is revised to read as follows:
Sec. 101-43.4801 Excess personal property reporting requirements.
(a) The table shown in paragraph (d) of this section shows the
excess personal property Federal supply groups (FSG) and classes (FSC)
comprising reportable property. Property in these groups and classes
must be reported to GSA when the following disposal condition code and
dollar threshold criteria are met:
(1) With the exception of aircraft and firearms, the disposal
condition code as defined in paragraph (e) of this section is
``salvage'' or better. In accordance with Sec. 101-43.304-2, fixed-wing
and rotary-wing aircraft, airframe structural components, and aircraft
engines, as specified in paragraph (b) of this section, are reportable
regardless of condition; and firearms, as specified in paragraph (c) of
this section, in ``repairs required-- poor'' or better condition, are
reportable.
(2) The unit cost, measured in acquisition dollars, is $5,000 or
more.
(b) With respect to aircraft and aircraft components and
accessories:
(1) As indicated in the table in paragraph (d) of this section,
line items in Federal supply classes 1510, 1520, 1560, 2810, 2840, or
any class in FSG 16 must be reported. In agencies other than the
Department of Defense (DOD), all line items in these classes must be
reported regardless of condition code when dollar criteria are met. For
the DOD, aircraft in FSC 1510 which are in the Cargo/Transport,
Observation, Anti-sub, Trainer, or Utility series, all aircraft in FSC
1520, and line items in other classes which are components of these
aircraft must be reported regardless of condition code when dollar
criteria are met.
(2) Items in Federal supply classes 1510 and 1520 held by DOD or
other agencies must be reported to the: General Services Administration
(9FB), San Francisco, California 94102.
(c) Executive agencies must report the following firearms in
``used--poor'' or better condition, as defined in Sec. 101-43.4801(e),
regardless of unit cost, to the: General Services Administration (7FP-
8), Denver, CO 80225-0506.
(1) Handguns, rifles, shotguns, and individual light automatic
weapons less than 50 caliber in FSC 1005, and
(2) Rifle and shoulder fired grenade launchers in FSC 1010.
(d) The following table shows Federal supply groups and classes
which comprise reportable property:
----------------------------------------------------------------------------------------------------------------
FSG FSC Noun name
----------------------------------------------------------------------------------------------------------------
10.................................... 1005.................................. Guns, through 30mm.
1010.................................. Guns, over 30 mm up to 75 mm.
15.................................... 1510.................................. Aircraft, fixed wing.
1520.................................. Aircraft, rotary wing.
1560.................................. Airframe structural components.
16.................................... All................................... Aircraft component and
accessories.
18.................................... All................................... Space vehicles.
19.................................... All................................... Ships, small craft, pontoons,
and floating docks (All but
vessels 1500 gross tons and
over).
22.................................... All................................... Railway equipment.
23.................................... All................................... Ground effect vehicles, motor
vehicles, trailers, and cycles.
24.................................... All................................... Tractors.
28.................................... 2805.................................. Gasoline reciprocating engines,
except aircraft; & components.
2810.................................. Gasoline reciprocating engines,
aircraft prime mover; and
components.
2815.................................. Diesel engines and components.
2840.................................. Gas turbines and jet engines,
aircraft, prime moving; and
components.
32.................................... All................................... Woodworking machinery and
equipment.
34.................................... All................................... Metalworking machinery
35.................................... All................................... Service and trade equipment.
36.................................... All................................... Special industry machinery (All
but 3690 Specialized ammunition
and ordnance machinery and
related equipment).
37.................................... All................................... Agricultural machinery and
equipment.
38.................................... All................................... Construction, mining,
excavating, and highway
maintenance equipment.
39.................................... All................................... Materials handling equipment.
42.................................... All................................... Fire fighting, rescue, and
safety equipment; and
environmental protection
equipment and materials.
43.................................... All................................... Pumps and compressors.
49.................................... 4910.................................. Motor vehicle maintenance and
repair shop specialized
equipment.
4920.................................. Aircraft maintenance and repair
shop specialized equipment.
4930.................................. Lubrication and fuel dispensing
equipment.
4935.................................. Guided missile maintenance,
repair, and checkout
specialized equipment.
4940.................................. Miscellaneous maintenance and
repair shop specialized
equipment.
4960.................................. Space vehicle maintenance,
repair, and checkout
specialized equipment.
54.................................... All................................... Prefabricated structures and
scaffolding.
61.................................... All................................... Electric wire, and power and
distribution equipment.
70.................................... All................................... Automatic Data Processing
Equipment (including firmware),
software, supplies, and support
equipment.
71.................................... All................................... Furniture.
73.................................... All................................... Food preparation and serving
equipment.
----------------------------------------------------------------------------------------------------------------
(e) The appropriate disposal condition code from the table below
must be assigned to each item record, report, or listing of excess
personal property:
[[Page 68138]]
----------------------------------------------------------------------------------------------------------------
Disposal condition code Brief definition Expanded definition
----------------------------------------------------------------------------------------------------------------
1................................. Unused--good................................... Unused property that is
usable without repairs and
identical or
interchangeable with new
items from normal supply
sources.
2................................. Unused--fair................................... Unused property that is
usable without repairs,
but is deteriorated or
damaged to the extent that
utility is somewhat
impaired.
3................................. Unused--poor................................... Unused property that is
usable without repairs,
but is considerably
deteriorated or damaged.
Enough utility remains to
classify the property
better than salvage.
4................................. Used--good..................................... Used property that is
usable without repairs and
most of its useful life
remains.
5................................. Used--fair..................................... Used property that is
usable without repairs,
but is somewhat worn or
deteriorated and may soon
require repairs.
6................................. Used--poor..................................... Used property that may be
used without repairs, but
is considerably worn or
deteriorated to the degree
that remaining utility is
limited or major repairs
will soon be required.
7................................. Repairs required--good......................... Required repairs are minor
and should not exceed 15
percent of original
acquisition cost.
8................................. Repairs required--fair......................... Required repairs are
considerable and are
estimated to range from 16
percent to 40 percent of
original acquisition cost.
9................................. Repairs required--poor......................... Required repairs are major
because property is badly
damaged, worn, or
deteriorated, and are
estimated to range from 41
percent to 65 percent of
original acquisition cost.
X................................. Salvage........................................ Property has some value in
excess of its basic
material content, but
repair or rehabilitation
to use for the originally
intended purpose is
clearly impractical.
Repair for any use would
exceed 65 percent of the
original acquisition cost.
S................................. Scrap.......................................... Material that has no value
except for its basic
material content.
----------------------------------------------------------------------------------------------------------------
Dated: December 3, 1998.
Donald J. Suda,
Acting Associate Administrator, Office of Governmentwide Policy.
[FR Doc. 98-32588 Filed 12-8-98; 8:45 am]
BILLING CODE 6820-24-P
