[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Rules and Regulations]
[Pages 39083-39087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18556]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-2
RIN 3090-AG83
Federal Management Regulation (FMR)
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This year marks the 50th anniversary of the Federal Property
and Administrative Services Act of 1949 (the Act), as amended. In
support of the Act's original intent of efficiently managing Government
assets, GSA is improving its regulatory system by establishing the
Federal Management Regulation (FMR) as the successor regulation to the
Federal Property Management Regulations (FPMR). The FMR will provide
Federal managers with the regulatory materials they need to efficiently
manage real and personal property and administrative services. Non-
regulatory FMR bulletins will provide related FMR materials.
DATES: Effective Date: July 21, 1999.
Comment Date: Your comments must reach us by September 20, 1999 to
be considered in the formulation of a final rule.
ADDRESSES: Send written comments to: Ms. Sharon A. Kiser, Regulatory
Secretariat (MVRS), Federal Acquisition Policy Division, General
Services Administration, 1800 F Street, NW, Washington, DC 20405.
Send comments by e-mail to: RIN.3090-AG83@gsa.gov.
[[Page 39084]]
FOR FURTHER INFORMATION CONTACT: Ms. Sharon A. Kiser, Regulatory
Secretariat, 202-208-7312.
SUPPLEMENTARY INFORMATION:
A. Background
What Content Changes Will Be Part of the Transition From the FPMR to
the FMR?
GSA will update, streamline, eliminate and clarify FPMR contents
before transferring them to the FMR. The FMR will then contain a
refined set of policies and regulatory requirements on managing
property and administrative services.
Non-regulatory materials, such as guidance, procedures, information
and standards now in the FPMR, will be removed from the regulation and
will be available in separate documents, such as customer service
guides, handbooks, brochures, Internet websites, and FMR bulletins. The
FMR will specify how to find this additional information; e.g.,
ordering and billing information. Content changes will bring the FMR
into conformance with recommendations from the National Partnership for
Reinventing Government to reduce regulations and to use plain language.
Is the FMR's Style Different From That in the FPMR?
Yes, the FMR is written in a ``plain language'' regulatory style.
This style is directed at the reader and uses a question and answer
format, active voice, shorter sentences, and, where appropriate,
pronouns such as, but not limited to, we, you and I. These changes
comply with the National Partnership for Reinventing Government's
recommendations to make regulations more efficient and easier to
understand.
Does the Deviation Policy in the FMR Differ From That in the FPMR?
Yes, there are changes in the deviation policy. The new approach
consists of both informal discussions about deviating from the FMR and
formal correspondence requesting deviation authority. Because the FMR
consists primarily of set policies and mandatory requirements, FMR
deviations should occur infrequently and under unique circumstances.
Agencies should pursue deviations first by informally consulting with
appropriate GSA officials about whether a deviation is needed and
whether it would be in accordance with governing statutes, Executive
orders, or other controlling policies. If informal consultations
indicate that a formal deviation is needed and can be allowed, agencies
must request it from GSA in writing. The written request must fully
explain the reasons for the deviation and how it will be in the
Government's best interests.
Will the Conversion From the FPMR to the FMR Occur All at Once or
Incrementally?
The conversion from the FPMR to the FMR will occur incrementally as
the regulations are rewritten.
Must Agencies Reference Both the FPMR and the FMR During This
Conversion?
Yes. Given an incremental conversion of content from the FPMR to
the FMR, both regulations will exist concurrently. Depending on the
subject matter, you may need to read both documents to obtain all
related material. However, except for parts 101-1 of the FPMR and 102-2
of the FMR, the same content will not appear in both regulations. These
two parts will exist concurrently. The general provisions of part 101-1
of the FPMR (including the FPMR deviation procedures) will apply to any
aspects of the FPMR not yet replaced by the FMR. The general provisions
at 102-2 (including the rewritten deviation procedures) will apply to
new material in the FMR.
B. Executive Order 12866
GSA has determined that this interim rule is not a significant
regulatory action for the purposes of Executive Order 12866 of
September 30, 1993.
C. Regulatory Flexibility Act
Since its primary purpose is to establish the structure for a new
regulation, the FMR, the interim 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. 601-612.
Additionally, since this interim rule applies to matters concerning
agency management and personnel, no proposed rule is required.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the interim rule
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. 501-517.
E. Small Business Regulatory Enforcement Fairness Act
This interim rule is exempt from Congressional review prescribed
under 5 U.S.C. 801 since it relates solely to agency management and
personnel.
F. Determination to Issue an Interim Rule
Publication for public comment is not required under the
Administrative Procedures Act because the rule relates solely to agency
management and personnel, and, therefore, GSA could issue it as a final
rule. However, GSA would like to receive comments about this action
before publishing it as a final rule. An interim rule provides two
benefits. First, it gives agencies a chance to comment on aspects of
the new regulation. Second, by making the FMR's contents effective
immediately, it establishes the structure for use by GSA in publishing
additional parts of the regulation that have already been approved.
List of Subjects in 41 CFR Part 102
Government property management.
Dated: June 24, 1999.
David J. Barram,
Administrator of General Services.
For the reasons set forth in the preamble and under the authority
of 40 U.S.C. 486(c), Title 41 of the Code of Federal Regulations is
amended by establishing chapter 102 to read as follows:
CHAPTER 102--FEDERAL MANAGEMENT REGULATION
SUBCHAPTER A--GENERAL
Part
102-1 General [Reserved]
102-2 Federal management regulation system
102-3 Advisory committee management [Reserved]
102-4 Nondiscrimination in Federal financial assistance programs
[Reserved]
102-5-102-30 [Reserved]
SUBCHAPTER B--PERSONAL PROPERTY
102-31 General [Reserved]
102-32 Management of personal property [Reserved]
102-33 Management of aircraft [Reserved]
102-34 Motor vehicle management [Reserved]
102-35 Disposition of personal property [Reserved]
102-36 Transfer of excess personal property [Reserved]
102-37-102-70 [Reserved]
SUBCHAPTER C--REAL PROPERTY
102-71 General [Reserved]
102-72 Delegation of authority [Reserved]
102-73 Real estate acquisition [Reserved]
102-74 Facility management [Reserved]
102-75 Disposition of real property [Reserved]
102-76 Design and construction [Reserved]
102-77 Art-in-architecture [Reserved]
102-78 Historic preservation [Reserved]
102-79 Assignment and utilization of space [Reserved]
102-80 Safety and environmental management [Reserved]
[[Page 39085]]
102-81 Security [Reserved]
102-82 Utility services [Reserved]
102-83 Centralized services in Federal buildings and complexes
[Reserved]
102-84 Annual real property inventories [Reserved]
102-85--102-115 [Reserved]
SUBCHAPTER D--TRANSPORTATION
102-116 General [Reserved]
102-117 Transportation management [Reserved]
102-118--102-140 [Reserved]
SUBCHAPTER E--TRAVEL MANAGEMENT
102-141 General [Reserved]
102-142--102-170 [Reserved]
SUBCHAPTER F--TELECOMMUNICATIONS
102-171 General [Reserved]
102-172 Telecommunications management policy [Reserved]
102-173--102-190 [Reserved]
SUBCHAPTER G--ADMINISTRATIVE PROGRAMS
102-191 General [Reserved]
102-192 Mail management [Reserved]
102-193 Records management [Reserved]
102-194 Standard and optional forms program [Reserved]
102-195 Interagency reports management program [Reserved]
102-196 Federal facility ridesharing [Reserved]
102-197--102-220 [Reserved]
SUBCHAPTER H--SUBCHAPTER Z [RESERVED]
SUBCHAPTER A--GENERAL
PART 102-2--FEDERAL MANAGEMENT REGULATION SYSTEM
Subpart A--Regulation System
Sec.
General
102-2.5 What is the Federal Management Regulation (FMR)?
102-2.10 What is the FMR's purpose?
102-2.15 What is the authority for the FMR system?
102-2.20 Which agencies are subject to the FMR?
102-2.25 When are other agencies involved in developing the FMR?
102-2.30 Where and in what formats is the FMR published?
102-2.35 How is the FMR distributed?
102-2.40 May an agency issue implementing and supplementing
regulations for the FMR?
Numbering
102-2.45 How is the FMR numbered?
102-2.50 How do I number my agency's implementing regulations?
102-2.55 How do I number my agency's supplementing regulations?
Deviations
102-2.60 What is a deviation from the FMR?
102-2.65 When may agencies deviate from the FMR?
102-2.70 What are individual and class deviations?
102-2.75 What timeframes apply to deviations?
102-2.80 What steps must an agency take to deviate from the FMR?
102-2.85 What are the reasons for writing to GSA about FMR
deviations?
102-2.90 Where should my agency send its correspondence on an FMR
deviation?
102-2.95 What information must agencies include in their deviation
letters to GSA?
102-2.100 Must agencies provide GSA with a follow-up analysis of
their experience in deviating from the FMR?
102-2.105 What information must agencies include in their follow-up
analysis?
102-2.110 When must agencies provide their follow-up analysis?
Non-Regulatory Material
102-2.115 What kinds of non-regulatory material does GSA publish
outside of the FMR?
102-2.120 How do I know whom to contact to discuss the regulatory
requirements of programs addressed in the FMR?
102-2.125 What source of information can my agency use to identify
materials that describe how to do business with GSA?
Subpart B--Forms
102-2.130 Where are FMR forms prescribed?
102-2.135 How do agencies obtain forms prescribed by the FMR?
Subpart C--Plain Language Regulatory Style
102-2.140 What elements of plain language appear in the FMR?
102-2.145 To what do pronouns refer when used in the FMR?
Authority: 40 U.S.C. 486(c).
Subpart A--Regulation System
General
Sec. 102-2.5 What is the Federal Management Regulation (FMR)?
The Federal Management Regulation (FMR) is the successor regulation
to the Federal Property Management Regulations (FPMR). It contains
updated regulatory policies originally found in the FPMR. However, it
does not contain FPMR material that described how to do business with
the General Services Administration (GSA). ``How to'' materials on this
and other subjects are available in customer service guides, handbooks,
brochures and Internet websites provided by GSA. (See Sec. 102-2.125.)
Sec. 102-2.10 What is the FMR's purpose?
The FMR prescribes policies concerning property management and
related administrative activities. GSA issues the FMR to carry out the
Administrator of General Services' functional responsibilities, as
established by statutes, Executive orders, Presidential memoranda,
Circulars and bulletins issued by the Office of Management and Budget
(OMB), and other policy directives.
Sec. 102-2.15 What is the authority for the FMR system?
The Administrator of General Services prescribes and issues the FMR
under the authority of the Federal Property and Administrative Services
Act of 1949, as amended, 40 U.S.C. 486(c), as well as other applicable
Federal laws and authorities.
Sec. 102-2.20 Which agencies are subject to the FMR?
The FMR applies to executive agencies unless otherwise extended to
Federal agencies in various parts of this chapter. The difference
between the two terms is that Federal agencies include executive
agencies plus establishments in the legislative or judicial branch of
the Government. See paragraphs (a) and (b) of this section for the
definitions of each term.
(a) What is an executive agency? An executive agency is any
executive department or independent establishment in the executive
branch of the Government, including any wholly-owned Government
corporation. (See 40 U.S.C. 472(a).)
(b) What is a Federal agency? A Federal agency is any executive
agency or any establishment in the legislative or judicial branch of
the Government (except the Senate, the House of Representatives, and
the Architect of the Capitol and any activities under that person's
direction). (See 40 U.S.C. 472(b).)
Sec. 102-2.25 When are other agencies involved in developing the FMR?
Normally, GSA will ask agencies to collaborate in developing parts
of the FMR.
Sec. 102-2.30 Where and in what formats is the FMR published?
Proposed rules are published in the Federal Register. FMR bulletins
are published in looseleaf format. FMR interim and final rules are
published in the following formats--
(a) Federal Register under the ``Rules and Regulations'' section.
(b) Loose-leaf. (See Sec. 102-2.35.)
(c) Code of Federal Regulations (CFR), which is an annual
codification of the general and permanent rules published in the
Federal Register. The CFR is available on line and in a bound-volume
format.
(d) Electronically on the Internet.
Sec. 102-2.35 How is the FMR distributed?
(a) A liaison appointed by each agency provides GSA with their
[[Page 39086]]
agency's distribution requirements of the looseleaf version of the FMR.
Agencies must submit GSA Form 2053, Agency Consolidated Requirements
for GSA Regulations and Other External Issuances, to--General Services
Administration, Office of Communications (X), 1800 F Street, NW,
Washington, DC 20405.
(b) Order Federal Register and Code of Federal Regulations copies
of FMR material through your agency's authorizing officer.
Sec. 102-2.40 May an agency issue implementing and supplementing
regulations for the FMR?
Yes, an agency may issue implementing regulations (see Sec. 102-
2.50) to expand upon related FMR material and supplementing regulations
(see Sec. 102-2.55) to address subject material not covered in the FMR.
The Office of the Federal Register assigns chapters in Title 41 of the
Code of Federal Regulations for agency publication of implementing and
supplementing regulations.
Numbering
Sec. 102-2.45 How is the FMR numbered?
(a) All FMR sections are designated by three numbers. The following
example illustrates the chapter (it's always 102), part, and section
designations:
BILLING CODE 6820-34-P
[GRAPHIC] [TIFF OMITTED] TR21JY99.001
BILLING CODE 6820-34-C
(b) In the looseleaf version, the month, year, and number of FMR
amendments appear at the bottom of each page.
Sec. 102-2.50 How do I number my agency's implementing regulations?
The first three-digit number represents the chapter number assigned
to your agency in Title 41 of the CFR. The part and section numbers
correspond to FMR material. For example, if your agency is assigned
Chapter 130 in Title 41 of the CFR and you are implementing Sec. 102-
2.60 of the FMR, your implementing section would be numbered Sec. 130-
2.60.
Sec. 102-2.55 How do I number my agency's supplementing regulations?
Since there is no corresponding FMR material, number the
supplementing material ``601'' or higher. For example, your agency's
supplementing regulations governing special services to states might
start with Sec. 130-601.5.
Deviations
Sec. 102-2.60 What is a deviation from the FMR?
A deviation from the FMR is an agency action or policy that is
inconsistent with the regulation. (The deviation policy for the FPMR is
in 41 CFR part 101-1.)
Sec. 102-2.65 When may agencies deviate from the FMR?
Because, it consists primarily of set policies and mandatory
requirements, deviation from the FMR should occur infrequently.
However, to address unique circumstances or to test the effectiveness
of potential policy changes, agencies may be able to deviate from the
FMR after following the steps described in Sec. 102-2.80.
Sec. 102-2.70 What are individual and class deviations?
An individual deviation is intended to affect only one action. A
class deviation is intended to affect more than one action (e.g.,
multiple actions, the actions of more than one agency, or individual
agency actions that are expected to recur).
Sec. 102-2.75 What timeframes apply to deviations?
Timeframes vary based on the nature of the deviation. However,
deviations cannot be open-ended. When consulting with GSA about using
an individual or class deviation, you must set a timeframe for the
deviation's duration.
Sec. 102-2.80 What steps must an agency take to deviate from the FMR?
(a) Consult informally with appropriate GSA program personnel to
learn more about how your agency can work within the FMR's requirements
instead of deviating from them. The consultation process may also
highlight reasons why an agency would not be permitted to deviate from
the FMR; e.g., statutory constraints.
(b) Formally request a deviation, if consultations indicate that
your agency needs one. The head of your agency or a designated official
should write to GSA's Regulatory Secretariat to the attention of a GSA
official in the program office that is likely to consider the
deviation. (See the FMR bulletin that lists contacts in GSA's program
offices and Sec. 102-2.90.) The written request must fully explain the
reasons for the deviation, including the benefits that the agency
expects to achieve.
Sec. 102-2.85 What are the reasons for writing to GSA about FMR
deviations?
The reasons for writing are to:
(a) Explain your agency's rationale for the deviation. Before it
can adequately comment on a potential deviation from the FMR, GSA must
know why it is needed. GSA will compare your need against the
applicable policies and regulations.
(b) Obtain clarification from GSA as to whether statutes, Executive
orders, or other controlling policies, which may not be evident in the
regulation, preclude deviating from the FMR for the reasons stated.
(c) Establish a timeframe for using a deviation.
(d) Identify potential changes to the FMR.
(e) Identify the benefits and other results that the agency expects
to achieve.
Sec. 102-2.90 Where should my agency send its correspondence on an FMR
deviation?
Send correspondence to: General Services Administration, Regulatory
Secretariat (MVRS), Office of Governmentwide Policy, 1800 F Street, NW,
Washington, DC 20405.
Sec. 102-2.95 What information must agencies include in their
deviation letters to GSA?
Agencies must include:
(a) The title and citation of the FMR provision from which the
agency wishes to deviate;
(b) The name and telephone number of an agency contact who can
discuss the reason for the deviation;
(c) The reason for the deviation;
(d) A statement about the expected benefits of using the deviation
(to the extent possible, expected benefits should be stated in
measurable terms);
[[Page 39087]]
(e) A statement about possible use of the deviation in other
agencies or Governmentwide; and
(f) The duration of the deviation.
Sec. 102-2.100 Must agencies provide GSA with a follow-up analysis of
their experience in deviating from the FMR?
Yes, agencies that deviate from the FMR must also write to the
relevant GSA program office at the Regulatory Secretariat's address
(see Sec. 102-2.90) to describe their experiences in using a deviation.
Sec. 102-2.105 What information must agencies include in their follow-
up analysis?
In your follow-up analysis, provide information that may include,
but should not be limited to, specific actions taken or not taken as a
result of the deviation, outcomes, impacts, anticipated versus actual
results, and the advantages and disadvantages of taking an alternative
course of action.
Sec. 102-2.110 When must agencies provide their follow-up letters?
(a) For an individual deviation, once the action is complete.
(b) For a class deviation, at the end of each twelve-month period
from the time you first took the deviation and at the end of the
deviation period.
Non-Regulatory Material
Sec. 102-2.115 What kinds of non-regulatory material does GSA publish
outside of the FMR?
As GSA converts the FPMR to the FMR, non-regulatory materials in
the FPMR, such as guidance, procedures, standards, and information,
that describe how to do business with GSA, will become available in
separate documents. These documents may include customer service
guides, handbooks, brochures, Internet websites, and FMR bulletins. GSA
will eliminate non-regulatory material that is no longer needed.
Sec. 102-2.120 How do I know whom to contact to discuss the regulatory
requirements of programs addressed in the FMR?
Periodically, GSA will issue for your reference an FMR bulletin
that lists program contacts with whom agencies can discuss regulatory
requirements. At a minimum, the list will contain organization names
and telephone numbers for each program addressed in the FMR.
Sec. 102-2.125 What source of information can my agency use to
identify materials that describe how to do business with GSA?
The FMR establishes policy; it does not specify procedures for the
acquisition of GSA services. However, as a service to users during the
transition from the FPMR to the FMR and as needed thereafter, GSA will
issue FMR bulletins to identify where to find information on how to do
business with GSA. References include customer service guides,
handbooks, brochures, Internet websites, etc.
Subpart B--Forms
Sec. 102-2.130 Where are FMR forms prescribed?
In any of its parts, the FMR may prescribe forms and the
requirements for using them.
Sec. 102-2.135 How do agencies obtain forms prescribed by the FMR?
For copies of the forms prescribed by in the FMR, do any of the
following:
(a) Write to us at: General Services Administration, National Forms
and Publications Center (7CPN), Warehouse 4, Dock No. 1, 501 West Felix
Street, Fort Worth, TX 76115.
(b) Send e-mail messages to: [email protected]
(c) Visit our web site at: www.gsa.gov/forms/forms.htm.
Subpart C--Plain Language Regulatory Style
Sec. 102-2.140 What elements of plain language appear in the FMR?
The FMR is written in a ``plain language'' regulatory style. This
style is easy to read and uses a question and answer format directed at
the reader, active voice, shorter sentences, and, where appropriate,
personal pronouns.
Sec. 102-2.145 To what do pronouns refer when used in the FMR?
Throughout its text, the FMR may contain pronouns such as, but not
limited to, we, you, and I. When pronouns are used, each subchapter of
the FMR will indicate whether they refer to the reader, an agency, GSA,
or some other entity. In general, pronouns refer to who or what must
perform a required action.
[FR Doc. 99-18556 Filed 7-20-99; 8:45 am]
BILLING CODE 6820-34-P
