[Federal Register Volume 64, Number 144 (Wednesday, July 28, 1999)]
[Rules and Regulations]
[Pages 40772-40774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19098]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-42 and 101-43
[FPMR Amendment H-204]
RIN 3090-AG80
Excess Personal Property Reporting Requirements
AGENCY: Office of Governmentwide Policy, GSA
ACTION: Final rule.
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SUMMARY: This final rule revises 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 rule also revises the FPMR to streamline and simplify
the assignment of the disposal condition codes which Federal agencies
use to report their excess personal property for utilization and
donation.
EFFECTIVE DATE: July 28, 1999.
FOR FURTHER INFORMATION CONTACT: Ms. Martha Caswell, Director, Personal
Property Management Policy Division (MTP), 202-501-3828.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule combines two proposed rules:
Donation of Certain Federal Surplus Firearms to State or
Local Law Enforcement Activities, published in the Federal Register on
December 9, 1998 (63 FR 68136). Four comments were received and
considered in the formulation of this final rule.
Excess Personal Property Reporting Requirements, published
in the Federal Register on December 29, 1998 (63 FR 71686). No comments
were received.
B. Executive Order 12866
The General Services Administration (GSA) has determined that this
final rule is not a significant rule for the purposes of Executive
Order 12866 of September 30, 1993.
C. Regulatory Flexibility Act
GSA certifies that 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.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does not impose record keeping 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. 501, et seq.
E. Small Business Regulatory Enforcement Fairness Act
This final rule is also exempt from congressional review prescribed
under 5 U.S.C. 801 since it relates solely to agency management and
personnel.
List of Subjects
41 CFR Part 101-42
Government property management, Hazardous materials, Reporting and
recordkeeping requirements, Surplus Government property.
41 CFR Part 101-43
Government property management, Surplus Government property.
For the reasons set forth in the preamble, 41 CFR Parts 101-42 and
101-43 are 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) In accordance with Sec. 101-
43.4801(c) of this chapter, reports of excess reportable 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 of this chapter and, when applicable,
Sec. 101-42.1102-8(b). Additional written justification from the
requesting agency may be required.
(b) Donation requirements. (1) Only handguns, rifles, shotguns, and
individual light automatic weapons, all less than .50 caliber in FSC
1005, and rifle and shoulder fired grenade launchers in FSC 1010,
assigned a disposal condition code of 4 or better, as defined in
Sec. 101-43.4801(e) of this chapter, may be offered by GSA (7FP-8) to
State agencies for donation to eligible law enforcement entities for
law enforcement purposes only. Donations are limited to only those
eligible law enforcement entities 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. Such donations must be executed under Sec. 101-42.1102-8(c) as
applicable.
(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, and any other required forms or
information.
(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. The donee must notify the State agency when donated
firearms are no longer needed. The State agency may, with GSA approval,
reassign firearms from one donee to another donee within the state or
to another SASP (see Sec. 101-44.205(f) of this chapter); otherwise,
firearms must be delivered directly to the place of destruction to be
destroyed by either the donee or the State agency. Destruction must be
such that each
[[Page 40773]]
complete firearm is 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 and a representative from the State agency, or designee, must
both state in writing that the firearms were so destroyed and the
original signed statement must be maintained by the State agency.
(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)(1) 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.
(2) 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 the section heading
and paragraph (b)(2) to read as follows:
Sec. 101-43.305 Nonreportable property and property not subject to GSA
screening.
* * * * *
(b) * * *
(2) Property dangerous to public health and safety, except the
firearms identified in Sec. 101-43.4801(c);
* * * * *
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 as described in
paragraphs (b) and (c) of this section, the disposal condition code as
defined in paragraph (e) of this section, is X or better; and
(2) The unit cost, measured in acquisition dollars, is $5,000 or
more.
(b) With respect to aircraft and aircraft components and
accessories:
(1) In accordance with Sec. 101-43.304-2, and 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 regardless of disposal condition code. In agencies other than
the Department of Defense (DOD), all line items in these classes must
be reported regardless of disposal condition code when the dollar
criteria in paragraph (a)(2) of this section 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 the dollar criteria in
paragraph (a)(2) of this section 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) With respect to firearms, executive agencies must report the
following firearms, regardless of unit cost when assigned a disposal
condition code of 4 or better as defined in paragraph (e) of this
section, to the General Services Administration (7FP-8), Denver, CO
80225-0506:
(1) Handguns, rifles, shotguns, and individual light automatic
weapons, all 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:
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FSG FSC Noun name
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10............ 1005.......... Guns, through 30mm (Handguns, rifles,
shotguns, and individual light
automatic weapons, all less than .50
caliber only).
1010.......... Guns, over 30 mm up to 75 mm (Rifle and
shoulder fired grenade launchers only).
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; and 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.
[[Page 40774]]
4920.......... Aircraft maintenance and repair shops
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.
66............ All........... Instruments and laboratory equipment.
70............ All........... Information technology equipment.
71............ All........... Furniture.
73............ All........... Food preparation and serving equipment.
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(e) The appropriate disposal condition code from the following
table must be assigned to each item record, report, or listing of
excess personal property:
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Disposal condition code Expanded definition
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1.............................. Property which is in new condition or
unused condition and can be used
immediately without modifications or
repairs.
4.............................. Property which shows some wear, but can
be used without significant repair.
7.............................. Property which is unusable in its
current condition but can be
economically repaired.
X.............................. Property which has value in excess of
its basic material content, but repair
or rehabilitation is impractical and/
or uneconomical.
S.............................. Property which has no value except for
its basic material content.
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Dated: July 20, 1999.
David J. Barram,
Administrator of General Services.
[FR Doc. 99-19098 Filed 7-27-99; 8:45 am]
BILLING CODE 6820-24-P
