Federal Register / Vol. 71. No. ^79/Tuesday,^ April 25, 2006 / Rules and
Regulations **23867**

**GENERAL SERVICES ADMINISTRATION**

**41 CFR Part 102-37**

(FMR Amendment 2006-02: FMR Case 2006-102-2\]

RIN 3090-AI*25*

**Federal Management Regulation; Donation of Surplus Personal Property**

**AGENCY**: Office of Governmentwide Policy, General Services
Administration (GSA).

**ACTION**: Final rule.

**SUMMARY**: The General Services Administration is amending the Federal
Management Regulation (FMR) language that pertains to personal property
by correcting references to outdated or superceded provisions of law or
regulation: correcting text to be in conformance with revised laws,
regulation, or Federal agency responsibilities: and clarifying text
where the intended meaning could be updated or made clearer. The FMR and
any corresponding documents may be accessed at GSA\'s Web site at
<http://www.gsa.gov/fmr>

**DATES**: *Effective Date:* May 25, 2006.

**FOR FURTHER INFORMATION CONTACT**: The Regulatory Secretariat. Room
4035. GSA Building. Washington, DC 20405, (202) 208-731\'2, for
information pertaining to status or publication schedules. For
clarification of content, contact Mr. Robert Holcombe, Office of
Governmentwide Policy, Office of Travel, Transportation, and Asset
Management (MT), at (202) 501-3828 or e-mail at
[[Robert.Holcomhe@gsa.gov]{.underline}](mailto:Robert.Holcomhe@gsa.gov).
Please cite FMR case 2006-102-2. Amendment 2006-01.

**SUPPLEMENTARY INFORMATION:**

**A. Background**

In the years since 41 CFR part 102­37 was ^published^ as a final rule,
tire. references to other regulations which migrated from the Federal
Property Management Regulations (FPMR) (41 CPR chapter 101) to the
Federal Management *Regulation* (FMR) (41 CFR chapter 102) became
outdated. Also, Public Law 107-2\'17 revised and recodified certain
provisions of the Federal Property and Administrative Services Art of
1949 (Properly Act). For example, the Property Act provisions arid
topics previously found at 40 U.S.C. 471-514 will now generally be found
at 401 J.S.C. 101-705. This revised regulation updates the title 40
11.S.C. citations to reflect the changes made by Public 1,;w107-217.
Additionally, in the intervening years since these three regulations
were published, several agencies have moved or changed names. 1-irrall,
updating or clarifying revisions were made where the revisions are seen
as administrative or clerical in nature.. This includes­-

1\. Elimination of the requirement for a biennial report to Congress on
the donation of federal surplus personal property (obsolete because. of
section 300:3 of the Federal Reports Elimination and Sunset Act of 1995
(31 U.S.C. 1113 note)): -Old

2\. A revised threshold for audits made under OMB Circular A-133.

**B. Executive Order 12866**

\'I\'ll(! General Services Administration (GSA) has determined that this
final rule is not a significant regulatory action for the purposes of
Executive Order 12866.

**C. Regulatory Flexibility Act**

This final rule is \[lot required to be published in the Federal
Register for comment. Therefore, the Regulatory Flexibility Act duns 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 102-37**

Government property management, Reporting and recordkeeping
requirements, Surplus government property, and Government property.

Dated: April 10, 2006.

**David L. Bihb,**

*Acting Administrator of General Services.*

• For the reasons set forth in the preamble, GSA amends 41 CFR part
102-37 as set forth below:

• 1. The authority citation for 41 CFR part 102-37 continues to read as
follows:

**PART 102-37-DONATION OF SURPLUS PERSONAL PROPERTY**

**Authority:** 40 U.S.C. 549 and 121(c).

**§102-37.10 \[Amended\]**

• 2. Amend § 102-37.10 by removing \"Subsection 203(j)(1) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 484(j)(1)),
as amended (the Property Act)\" and adding \"Section 549 of title 40,
United States Code\" in its place.

**§102-37.25 \[Amended\]**

• 3. Amend § 102-37.25 by removing the definition \"Property Act\"; and
in the definition \"State agency for surplus property (SASP)\" by
removing \"subsection 203(j) of the Property Act (40 U.S.C. 484(j))\"
and adding \"40 U.S.C. 549\" in its place.

**§ 102-37.80 \[Amended\]**

• 4. Amend § 102-37.80 by removing \"part 101-45 of this title\" and
adding \"part 102-38 of this chapter\" in its place.

**§ 102-37.105 \[Removed\]**

• 5. Remove § 102-37.105

**§ 102-37.125 \[Amended\]**

• 6. Amend § 102-37.125 in paragraph (a)(4), by removing \"40 U.S.C.
484(r)\" and adding \"40 U.S.C. 555\" in its place.

**§ 102-37.145 \[Amended\]**

• 7. Amend § 102-37.145 in paragraph (c) by removing \"subsection
203(j)(4) of the Property Act (40 U.S.C. 484(j))\" and adding \"40
U.S.C. 549(e)\" in its place.

**§ 102-37.150 \[Amended\]**

• 8. Amend § 102-37.150 by removing from the first sentence \"subsection
203(j)(4) of the Property Act (40 U.S.C. 484(j))\"\" and adding \"40
U.S.C. 549(e)\"in its place; and by removing from the last sentence
\"the Property Act\" and adding \"title 40 of the United States Code\"
in its place.

**§ 102-37.200 \[Amended\]**

• 9. Amend § 102-37.200 in paragraph (a) by removing \"subsection 203(j)
of the Property Act (40 U.S.C. 484(j))\" and adding \"40 U.S.C. 549\" in
its place.

**§ 102-37.205 \[Amended\]**

-   10\. Amend § 102-37.205 by­

• a. Removing from paragraph (a) \"section 203(j) of the Property Act
(40 U.S.C. 484(j))\" and adding \"40 U.S.C. 549\" in its place; and

• b. Removing from paragraph (f) \"part 101-6, subpart 101-6.2, and part
101-8 of this title\" and adding \"parts 101-4, subparts 101-6.2, and
101-8.3 of this title\" in its place.

**§ 102-37.325 \[Amended\]**

• 11. Amend § 102-37.325 by removing from the introductory paragraph
\"Section 203(n) of the Property Act (40 U.S.C. 484(n)\" and adding
\"Section 549(f) of title 40, United States Code\" in its place.

**§ 102-37.345 \[Amended\]**

• 12. Amend § 102-37.345 by removing \"\$300,000\" and adding
\"\$500,000\" in its place.

**§ 102-37.350 \[Amended\]**

• 13. Amend § 102-37.350 by removing \"General Accounting Office\" and
adding \"Government Accountability Office\" in its place.

**§102-37.355 \[Amended\]**

• 14. Amend § 102-37.355 by removing \"\$300,000\" (twice) and adding
\"\$500,000\" in its place.

**§102-37.380 \[Amended\]**

-   15\. Amend § 102-37.380 by­

• a. Removing from paragraph (a) \"Subsection 203(j)(2) of the Property
Act (40 U.S.C. 484(j)(2))\" and adding \"Section 549(d) of title 40,
United States Code\" in its place; and

• b. Removing from paragraph (b) \"Subsection 203(j) of the Property Act
(40 U.S.C. 484(j)(3))\" and adding \"Section 549(c)(3) of title 40,
United States Code\" in its place.

**§ 102-37.445 \[Amended\]**

• 16. Amend § 102-37.445, by removing from paragraph (d) \"section 606
of title

VI of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 476), as amended\" and adding \"section 122 of title 40, United
States Code\" in its place.

**§ 102-37.455 \[Amended\]**

-   17\. Amend § 102-37.455 by­

• a. Removing from the table in paragraph (a)(1) \"Part 101-37, subpart
101-37.6, of this title\"and adding \"Part 102-33, subpart D, of this
chapter\" in its place; and

• b. Removing from paragraph (b)(1) \"Bureau of Alcohol, Tobacco, and
Firearms (BATF), Department of the Treasury\" and adding \"Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF), Department of Justice\"
in its place; and by removing from the second sentence \"BATF\" and
adding \"ATF\" in its place.

**§ 102-37.520 \[Amended\]**

• 18. Amend § 102-37.520 by removing \"41 U.S.C. 47102\" and adding \"49
U.S.C. 47102\" in its place.

**§ 102-37.540 \[Amended\]**

• 19. Amend § 102-3 7.540 by removing \"Subsection 203(1) of the
Property Act (40 U.S.C. 484(1))\" and adding \"Section 551 of title 40,
United States Code\" in its place.

**§ 102-37.565 \[Amended\]**

• 20. Amend § 102-37.565 by removing \"Subsection 202(h) of the Property
Act (40 U.S.C. 483(h))\" and adding \"Section 527 of title 40, United
States Code\" in its place.

**Appendix C to Part 102-\[Amended\]**

• 21. Amend Appendix C in the definition \"Nationally recognized
accrediting agency\" by removing

*\"[[http://www.ed.gov/offices/OPE/accreditation/index.html]{.underline}](http://www.ed.gov/offices/OPE/accreditation/index.html)\"*
and adding
*\"[[http://www.ed.gov/admins/finaid/accred]{.underline}](http://www.ed.gov/admins/finaid/accred)\"*
in its place.

\[FR Doc. 06-3881 Filed 4-24-06; 8:45 am\]

BILLING CODE 6820-14-S