[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Rules and Regulations]
[Pages 11539-11540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5409]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-39
[FMR Amendment 2004-1; FMR Case 2003-102-2]
RIN 3090-AH92
Federal Management Regulation; Replacement of Personal Property
Pursuant to the Exchange/Sale Authority
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) revised the Federal
Property Management Regulations (FPMR) by moving coverage related to
the sale of personal property to the Federal Management Regulation
(FMR). Because of the transfer of this coverage as well as the
codification of Title 40 of the United States Code into positive law,
several cross-references are no longer valid in existing FMR parts.
This final rule amends the FMR by updating certain cross-references in
41 CFR part 102-39 and providing the new statutory citations to Title
40 of the United States Code.
DATES: Effective Date: March 11, 2004.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035,
GS Building, Washington, DC, 20405, (202) 208-7312, for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Rick Bender, Office of Governmentwide Policy,
Personal Property Management Policy, at (202) 501-3448. Please cite FMR
case 2003-102-2, Amendment 2004-1.
SUPPLEMENTARY INFORMATION:
A. Background
GSA is in the process of revising the FPMR and transferring most of
the content into a new, streamlined FMR. Several sections in FMR part
102-39 (41 CFR part 102-39) contain references to FPMR sections that no
longer exist. This final rule amends the FMR by providing references to
existing FMR sections concerning the sale of personal property.
B. Executive Order 12866
GSA has determined that this final rule is not a significant
regulatory action for the purposes of Executive Order 12866 of
September 30, 1993.
C. Regulatory Flexibility Act
This final rule is not required to be published in the Federal
Register for comment. Therefore, the Regulatory Flexibility Act, 5
U.S.C. 601, et seq., does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
E. Small Business Regulatory Enforcement Fairness Act
This final rule is exempt from Congressional review under 5 U.S.C.
801 since it relates solely to agency management and personnel.
List of Subjects in 41 CFR Part 102-39
Government property management.
Dated: January 23, 2004.
Stephen A. Perry,
Administrator of General Services.
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For the reasons set forth in the preamble, GSA amends 41 CFR part 102-
39 as set forth below:
PART 102-39--REPLACEMENT OF PERSONAL PROPERTY PURSUANT TO THE
EXCHANGE/SALE AUTHORITY
0
1. The authority citation for 41 CFR part 102-39 continues to read as
follows:
Authority: 40 U.S.C. 503 and 121(c).
Sec. 102-39.10 [Amended]
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2. Amend Sec. 102-39.10 by removing ``101-37'' from the last sentence
and adding ``102-33'' in its place.
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3. Amend Sec. 102-39.30 by revising the second sentence to read as
follows:
Sec. 102-39.30 When should I not use the exchange/sale authority?
* * * You must either abandon or destroy such property, or declare
the property excess, in accordance with part 102-36 of this chapter. *
* *
Sec. 102-39.40 [Amended]
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4. Amend Sec. 102-39.40 in the second sentence of paragraph (b) by
removing ``Sec. 101-45.304-12'' and adding ``Sec. 102-38.125'' in its
place.
Sec. 102-39.45 [Amended]
0
5. Amend Sec. 102-39.45 in paragraph (i) by removing ``Sec. 101-
37.610'' and adding ``Sec. 102-33.370'' in its place.
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6. Amend Sec. 102-39.65 in the introductory text of paragraph (a) by
revising the first sentence; and in paragraph (b) by removing ``Sec.
101-45.304-2(b)'' and adding Sec. Sec. 102-38.120 and 102-38.125'' in
its place. The revised text reads as follows:
[[Page 11540]]
Sec. 102-39.65 What are the sales methods?
(a) You must use the methods, terms, and conditions of sale, and
the forms prescribed in part 102-38 of this title, in the sale of
property being replaced, except for the provisions of Sec. Sec. 102-
38.100 through 102-38.115 of this title regarding negotiated sales. * *
*
* * * * *
[FR Doc. 04-5409 Filed 3-10-04; 8:45 am]
BILLING CODE 6820-14-P