[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9110-9112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5301]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-17
RIN 3090-AF90
Assignment and Utilization of Space
AGENCY: Public Buildings Service, General Services Administration.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule begins the process of replacing Part 101-17
of the Federal Property Management Regulations (FPMR). Policy and
procedures regarding the assignment and utilization of space have been
provided by a series of temporary regulations since 1982, the most
current being FPMR Temporary Regulation D-76 which went into effect on
August 26, 1991. This interim rule repeals the outdated and superseded
permanent FPMR Part 101-17 and provides new guidance concerning the
location of Federal facilities in urban areas.
DATES: This interim rule is effective March 7, 1996. Comments should be
submitted on or before April 8, 1996. This interim rule shall expire on
March 7, 1997.
ADDRESS: Comments should be submitted to the General Services
Administration, Public Buildings Service, Office of Commercial Broker
(PE), Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT:
Hilary Peoples, Assistant Commissioner, Office of Commercial Broker, at
(202) 501-1025.
SUPPLEMENTARY INFORMATION: The purpose of this interim rule is to
provide new, permanent FPMR guidance regarding the location of Federal
facilities in urban areas.
On August 16, 1978, President Carter issued Executive Order 12072,
which directs Federal agencies to give first consideration to
centralized community business areas when filling federal space needs
in urban areas. The objective of the Executive Order is that Federal
facilities and Federal use of space in urban areas serve to strengthen
the nation's cities and make them attractive places to live and to
work. This regulation serves to reaffirm this Administration's
commitment to Executive Order 12072 and its goals.
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The General Services Administration (GSA) has determined that this
rule is not a significant regulatory action for the purposes of
Executive Order 12866.
This 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.). An initial
regulatory flexibility analysis has therefore not been performed.
The Paperwork Reduction Act does not apply to this action because
the proposed changes to the Federal Property Management Regulations do
not impose reporting, recordkeeping or information collection
requirements which require the approval of the Office of Management and
Budget pursuant to 44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Part 101-17
Administrative practices and procedures, Federal buildings and
facilities, Government real property management.
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c)
In 41 CFR Chapter 101, the following Interim Rule D-1 is added to
the appendix at the end of Subchapter D to read as follows:
Federal Property Management Regulations Interim Rule
To: Heads of Federal Agencies
Subject: Assignment and Utilization of Space
1. Purpose. This interim rule begins the process of replacing
Part 101-17 of the Federal Property Management Regulations (FPMR).
Policy and procedures regarding the assignment and utilization of
space have been provided by a series of temporary regulations since
1982, the most current being FPMR Temporary Regulation D-76 which
went into effect on August 26, 1991. This interim rule repeals the
outdated and superseded permanent FPMR Part 101-17 and provides new
guidance concerning the location of Federal facilities in urban
areas.
2. Effective date. This interim rule is effective March 7, 1996.
Comments should be submitted on or before April 8, 1996.
3. Expiration date. March 7, 1997.
4. Comments: Comments should be submitted to the General
Services Administration, Public Buildings Service, Office of
Commercial Broker (PE), Washington, DC 20405.
5. Effect on other directives. This interim rule amends 41 CFR
Part 101-17 by deleting all subparts and sections in their entirety
and by adding a new Sec. 101-17.205 entitled ``Location of Space.''
Dated: December 21, 1995.
Thurman M. Davis,
Acting Administrator of General Services.
``Subchapter D--Public Buildings and Space
PART 101-17--ASSIGNMENT AND UTILIZATION OF SPACE
Sec. 101-17.205 Location of space.
(a) Each Federal agency is responsible for identifying its
geographic service area and the delineated area within which it
wishes to locate specific activities, consistent with its mission
and program requirements, and in accordance with all applicable
statutes, regulations and policies. Specifically, under the Rural
Development Act of 1972, as amended, 42 U.S.C. Sec. 3122, agencies
are required to give first priority to the location of new offices
and other facilities in rural areas. When agency mission and program
requirements call for location in an urban area, agencies must
comply with Executive Order 12072, August 16, 1978, 3 CFR, 1979
Comp., p. 213, which requires that first consideration be given to
central business areas (CBAs) and other designated areas. The agency
shall submit to GSA a written statement explaining the basis for the
delineated area.
(b) GSA shall survey agencies' mission, housing, and location
requirements in a community and include these considerations in
community-based policies and plans. These plans shall provide for
the location of federally-owned and leased facilities, and other
interests in real property including purchases, at locations which
represent the best overall value to the Government consistent with
agency requirements.
(c) Whenever practicable and cost-effective, GSA will
consolidate elements of the same agency or multiple agencies in
order to achieve the economic and programmatic benefits of
consolidation.
(d)(1) GSA will consult with local officials and other
appropriate Government officials and consider their recommendations
for, and review of, general areas of possible space or site
acquisition. GSA will advise local officials of the availability of
data on GSA plans and programs, and will agree upon the exchange of
planning information with local officials. GSA will consult with
local officials to identify CBAs.
(2) With respect to an agency's request for space in an urban
area, GSA shall provide appropriate Federal, State, regional, and
local officials such notice as will keep them reasonably informed
about GSA's proposed space action. For all proposed space actions
with delineated areas either partially or wholly outside the CBA,
GSA shall consult with such officials by providing them with written
notice, by affording them a proper opportunity to respond, and by
considering all recommendations for and objections to the proposed
space action. All contacts with such officials relating to proposed
space actions must be appropriately documented in the official
procurement file.
(e) GSA is responsible for reviewing an agency's delineated area
to confirm that, where appropriate, there is maximum use of existing
Government-controlled space and that established boundaries provide
competition when acquiring leased space.
(f) In satisfying agency requirements in an urban area, GSA will
review an agency requested delineated area to ensure that the area
is within the CBA. If the delineated area requested is outside the
CBA, in whole or part, an agency must provide written justification
to GSA setting forth facts and considerations sufficient to
demonstrate that first consideration has been given to the CBA and
to support the determination that the agency program function(s)
involved cannot be efficiently performed within the CBA.
(g) Agency justifications for locating outside CBAs must
address, at a minimum, the efficient performance of the missions and
programs of the agencies, the nature and function of the facilities
involved, the convenience of the public served, and the maintenance
and improvement of safe and healthful working conditions for
employees.
(h) GSA is responsible for approving the final delineated area.
As the procuring agency, GSA must conduct all acquisitions in
accordance with the requirements of all applicable laws,
regulations, and Executive orders. GSA will review the identified
delineated area to confirm its compliance with all applicable laws,
regulations, and Executive orders, including the Rural Development
Act of 1972, as amended, the Competition in Contracting Act, as
amended, 41 U.S.C. Sec. 252-266, and Executive Order 12072.
(i) Executive Order 12072 provides that ``space assignments
shall take into account the management needs for consolidation of
agencies or activities in common or adjacent space in order to
improve administration and management and effect economies.''
Justifications that rely on consolidation or adjacency requirements
will be carefully reviewed for legitimacy.
(j) Executive Order 12072 directs the Administrator of General
Services to ``[e]nsure, in cooperation with the heads of Executive
agencies, that their essential space requirements are met in a
manner that is economically feasible and prudent.'' Justifications
that rely on budget or other fiscal restraints for locating outside
the CBA will be carefully reviewed for legitimacy.
(k) Justifications based on executive or personnel preferences
or other matters which do not have a material and significant
adverse impact on the efficient performance of agency program
functions are not acceptable.
(l) In accordance with the Competition in Contracting Act, GSA
may consider whether restricting the delineated area to the CBA will
provide for competition when acquiring leased space. Where it is
determined that an acquisition should not be restricted to the CBA,
GSA may expand the delineated area in consultation with the
requesting agency and local officials. The CBA must continue to be
included in such an expanded area.
(m) If, based on its review of an agency's requested delineated
area, GSA concludes that changes are appropriate, GSA will discuss
its recommended changes with the requesting agency. If after
discussions the requesting agency does not agree with GSA's
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delineated area recommendation, the agency may take the steps
described in this section. If an agency elects to request a review
of the GSA's delineated area recommendation, GSA will continue to
work on the requirements development and other activities related to
the requesting agency's space request. GSA will not issue a
solicitation to satisfy an agency's space request until all
requested reviews have been resolved.
(1) For space actions of less than 25,000 square feet, an agency
may request a review of GSA's delineated area recommendation by
submitting a written request to the responsible Assistant Regional
Administrator for the Public Buildings Service. The request for
review must state all facts and other considerations and must
justify the requesting agency's proposed delineated area in light of
Executive Order 12072 and other applicable statutes, regulations,
and policies. The Assistant Regional Administrator will issue a
decision within fifteen (15) working days. The decision of the
Assistant Regional Administrator will be final and conclusive.
(2) For space actions of 25,000 square feet or greater, a
requesting agency may request a review of GSA's delineated area
recommendation by submitting a written request to the Commissioner
of the Public Buildings Service that the matter be referred to an
interagency council for decision. The interagency council will be
established specifically to consider the appeal and will be
comprised of the Administrator of General Services or his/her
designee, the Secretary of Housing and Urban Development, or his/her
designee, and such other Federal official(s) as the Administrator
may appoint.
(n) The presence of the Federal Government in the National
Capital Region (NCR) is such that the distribution of Federal
installations will continue to be a major influence in the extent
and character of development. These policies shall be applied in the
GSA National Capital Region, in conjunction with regional policies
established by the National Capital Planning Commission and
consistent with the general purposes of the National Capital
Planning Act of 1959 (66 Stat. 781), as amended. These policies
shall guide the development of strategic plans for the housing of
Federal agencies within the National Capital Region.
(o) Consistent with the policies cited in paragraphs (a), (b),
(c) and (e) of this section, the use of buildings of historic
architectural, or cultural significance within the meaning of
section 105 of the Public Buildings Cooperative Use Act of 1976 (90
Stat. 2505) will be considered as alternative sources for meeting
Federal space needs.
(p) As used in Sec. 101-17.205, the following terms have the
following meanings:
(1) ``CBA'' means the centralized community business area and
adjacent areas of similar character, including other specific areas
which may be recommended by local officials in accordance with
Executive order 12072.
(2) ``Delineated area'' means the specific boundaries within
which space will be obtained to satisfy an agency space requirement.
(3) ``Rural area'' means any area that (i) is within a city or
town if the city or town has a population of less than 10,000 or
(ii) is not within the outer boundaries of a city or town if the
city or town has a population of 50,000 or more and if the adjacent
urbanized and urbanizing areas have a population density of more
than 100 per square mile.
(4) ``Urban area'' means any Metropolitan Area (MA) as defined
by the Office of Management and Budget (OMB) and any non-MA that
meets one of the following criteria:
(i) A geographical area within the jurisdiction of any
incorporated city, town, borough, village, or other unit of general
local government, except county or parish, having a population of
10,000 or more inhabitants.'
(ii) That portion of the geographical area within the
jurisdiction of any county, town, township, or similar governmental
entity which contains no incorporated unit of general local
government, but has a population density equal to or exceeding 1,500
inhabitants per square mile; or
(iii) That portion of any geographical area having a population
density equal to or exceeding 1,500 inhabitants per square mile and
situated adjacent to the boundary of any incorporated unit of
general local government which has a population of 10,000 or more
inhabitants. (Reference: Intergovernmental Cooperation Act of 1968,
40 U.S.C. Sec. 535.)
[FR Doc. 96-5301 Filed 3-6-96; 8:45 am]
BILLING CODE 6820-33-M
