10084 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 

Another statutory provision that may 

affect this rule is CERCLA section 305, 

which provides for a legislative veto of 

regulations promulgated under 

CERCLA. Although INS v. Chadha, 462 

U.S. 919,103 S. Ct. 2764 (1983) and Bd. 

of Regents of the University of 

Washington v. EPA, 86 F.3d 1214,1222 

(D.C. Cir. 1996) cast the validity of the 

legislative veto into question, EPA has 

transmitted a copy of this regulation to 

the Secretary of the Senate and the Clerk 

of the House of Representatives. 

If action by Congress under either the 

CRA or CERCLA section 305 calls the 

effective date of this regulation into 

question, EPA will publish a document 

of clarification in the Federal Register. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Natural 

resources, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: February 27, 2007. 

Susan Parker Bodine, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

■ 40 CFR part 300 is amended as 

follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR, 1987 Comp., p. 193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by adding the following 

sites in alphabetical order to read as 

follows: 

Appendix B to Part 300—National 

Priorities List 

TABLE 1.—GENERAL SUPERFUND SECTION

State Site name City/county Notes (a)

* * * * * * * 

IN .................. Elm Street Ground Water Contamination ........................................................................ Terre Haute.

* * * * * * * 

MS ................ Sonford Products ............................................................................................................. Flowood.

* * * * * * * 

TX ................. Bandera Road Ground Water Plume ............................................................................... Leon Valley.

* * * * * * * 

TX ................. East 67th Street Ground Water Plume ............................................................................ Odessa.

* * * * * * * 

WA ................ Lockheed West Seattle .................................................................................................... Seattle.

* * * * * * * 

(a) A = Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (HRS score need not be ≥ 28.50). 

C = Sites on Construction Completion list. 

S = State top priority (HRS score need not be ≥ 28.50) 

P = Sites with partial deletion(s). 

* * * * * 

[FR Doc. E7–3908 Filed 3–6–07; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–35 

[FMR Amendment 2007–01; FMR Case 

2004–102–1; Docket 2007–001; Sequence 3] 

RIN 3090–AH93 

Federal Management Regulation; FMR 

Case 2004–102–1, Disposition of 

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) by 

revising coverage on personal property 

and moving it into subchapter B of the 

FMR. This final rule adds a new part to 

subchapter B of the FMR to provide an 

overview of the property disposal 

regulation and provide definitions for 

terms found in the FMR parts. 

DATES: Effective Date: April 6, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Holcombe, Office of 

Governmentwide Policy, Personal 

Property Management Policy, at (202) 

501–3828, or e-mail at 

robert.holcombe@gsa.gov for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat, Room 4035, GS Building, 

Washington, DC 20405, (202) 501–4755. 

Please cite FMR Amendment 2007–01, 

FMR Case 2004–102–1. 

SUPPLEMENTARY INFORMATION: 

A. Background 

A proposed rule was published in the 

Federal Register on September 12, 2006 

(71 FR 53646) soliciting comments on 

proposed changes to 41 CFR part 102–

35. The due date for comments was 

extended in a Federal Register proposed 

rule document on October 18, 2006 (71 

FR 61445). Comments were received 

from three respondents relating to the 

sale of personal property. These 

comments do not directly address any 

provisions contained in this final rule, 

and will be held for consideration when 

the regulation covering the sale of 

Federal personal property assets, 

Federal Management Regulation (FMR) 

part 102–38, is released for comment. 

FMR part 102–38 is currently being 

reviewed within GSA for revisions. 

This final rule adds a new part, 102–

35, to subchapter B of the FMR to 

provide an overview of the property 

disposal regulation and to provide 


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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 10085 

definitions for terms found in FMR parts 

102–36 through 102–42 (41 CFR 102–36 

through 102–42). This part serves as a 

summary and overview of the policies 

relating to the disposal of Federal 

personal property and provides overall 

guidance for all methods of property 

disposal. 

This part emphasizes the use of 

excess property from other agencies as 

the first source of supply, and 

establishes the preference to transfer 

excess property to Federal agencies for 

their own use before transferring that 

property to agencies for use by nonFederal entities. 

B. Executive Order 12866 

This regulation is excepted from the 

definition of ‘‘regulation’’ or ‘‘rule’’

under Section 3(d)(3) of Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993 and, 

therefore, was not subject to review 

under Section 6(b) of that Executive 

Order. 

C. Regulatory Flexibility Act 

This final rule is not required to be 

published in the Federal Register for 

notice and comment as per the 

exemption specified in 5 U.S.C. 

553(a)(2); 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 final 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. 3501 et seq. 

E. Small Business Regulatory 

Enforcement Fairness Act 

This final rule is exempt from 

Congressional review prescribed under 

5 U.S.C. 801 since it relates solely to 

agency management and personnel. 

List of Subjects in 41 CFR Part 102–35 

Government employees, Personal 

property. 

Dated: February 7, 2007. 

Lurita Doan, 

Administrator of General Services. 

■ For the reasons set forth in the 

preamble, GSA amends 41 CFR chapter 

102 as follows: 

Chapter 102—Federal Management 

Regulation 

■ 1. Part 102–35 is added to subchapter 

B of chapter 102 to read as follows: 

PART 102–35—DISPOSITION OF 

PERSONAL PROPERTY 

Sec. 

102–35.5 What is the scope of the General 

Services Administration’s regulations on 

the disposal of personal property? 

102–35.10 How are these regulations for the 

disposal of personal property organized? 

102–35.15 What are the goals of GSA’s 

personal property regulations? 

102–35.20 What definitions apply to GSA’s 

personal property regulations? 

102–35.25 What management reports must 

we provide? 

102–35.30 What actions must I take or am 

I authorized to take regardless of the 

property disposition method? 

Authority: 40 U.S.C. 121(c). 

§ 102–35.5 What is the scope of the 

General Services Administration’s 

regulations on the disposal of personal 

property? 

The General Services 

Administration’s personal property 

disposal regulations are contained in 

this part and in parts 102–36 through 

102–42 of this subchapter B as well as 

in parts 101–42 and 101–45 of the 

Federal Property Management 

Regulations (FPMR)(41 CFR parts 101–

42 and 101–45). With two exceptions, 

these regulations cover the disposal of 

personal property under the custody 

and control of executive agencies 

located in the United States, the U.S. 

Virgin Islands, American Samoa, Guam, 

Puerto Rico, the Northern Mariana 

Islands, the Federated States of 

Micronesia, the Marshall Islands, and 

Palau. The exceptions to this coverage 

are part 102–39 of this subchapter B, 

which applies to the replacement of all 

property owned by executive agencies 

worldwide using the exchange/sale 

authority, and §§ 102–36.380 through 

102–36.400, which apply to the disposal 

of excess property located in countries 

and areas not listed in this subpart, i.e., 

foreign excess personal property. The 

legislative and judicial branches are 

encouraged to follow these provisions 

for property in their custody and 

control. 

§ 102–35.10 How are these regulations for 

the disposal of personal property 

organized? 

The General Services Administration 

(GSA) has divided its regulations for the 

disposal of personal property into the 

following program areas: 

(a) Disposition of excess personal 

property (part 102–36 of this subchapter 

B). 

(b) Donation of surplus personal 

property (part 102–37 of this subchapter 

B). 

(c) Sale of surplus personal property 

(part 102–38 of this subchapter B). 

(d) Replacement of personal property 

pursuant to the exchange/sale authority 

(part 102–39 of this subchapter B). 

(e) Disposition of seized and forfeited, 

voluntarily abandoned, and unclaimed 

personal property (part 102–41 of this 

subchapter B). 

(f) Utilization, donation, and disposal 

of foreign gifts and decorations (part 

102–42 of this subchapter B). 

(g) Utilization and disposal of 

hazardous materials and certain 

categories of property (part 101–42 of 

the Federal Property Management 

Regulations (FPMR), 41 CFR part 101–

42). 

§ 102–35.15 What are the goals of GSA’s 

personal property regulations? 

The goals of GSA’s personal property 

regulations are to: 

(a) Improve the identification and 

reporting of excess personal property; 

(b) Maximize the use of excess 

property as the first source of supply to 

minimize expenditures for the purchase 

of new property, when practicable; 

Note to § 102–35.15(b): If there are 

competing requests among Federal 

agencies for excess property, preference 

will be given to agencies where the 

transfer will avoid a new Federal 

procurement. A transfer to an agency 

where the agency will provide the 

property to a non-Federal entity for the 

non-Federal entity’s use will be 

secondary to Federal use. 

(c) Achieve maximum public benefit 

from the use of Government property 

through the donation of surplus 

personal property to State and local 

public agencies and other eligible nonFederal recipients; 

(d) Obtain the optimum monetary 

return to the Government for surplus 

personal property sold and personal 

property sold under the exchange/sale 

authority; and 

(e) Reduce management and inventory 

costs by appropriate use of the 

abandonment/destruction authority to 

dispose of unneeded personal property 

that has no commercial value or for 

which the estimated cost of continued 

care and handling would exceed the 

estimated sales proceeds (see FMR 

§§ 102–36.305 through 102–36.330). 

§ 102–35.20 What definitions apply to 

GSA’s personal property regulations? 

The following are definitions of, or 

cross-references to, some key terms that 

apply to GSA’s personal property 

regulations in the FMR (CFR Parts 102–

36 through 102–42). Other personal 

property terms are defined in the 

sections or parts to which they 

primarily apply. 

Accountable Personal Property 

includes nonexpendable personal 


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10086 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 

property whose expected useful life is 

two years or longer and whose 

acquisition value, as determined by the 

agency, warrants tracking in the 

agency’s property records, including 

capitalized and sensitive personal 

property. 

Accountability means the ability to 

account for personal property by 

providing a complete audit trail for 

property transactions from receipt to 

final disposition. 

Acquisition cost means the original 

purchase price of an item. 

Capitalized Personal Property 

includes property that is entered on the 

agency’s general ledger records as a 

major investment or asset. An agency 

must determine its capitalization 

thresholds as discussed in Financial 

Accounting Standard Advisory Board 

(FASAB) Statement of Federal Financial 

Accounting Standards No. 6 Accounting 

for Property, Plant and Equipment, 

Chapter 1, paragraph 13. 

Control means the ongoing function of 

maintaining physical oversight and 

surveillance of personal property 

throughout its complete life cycle using 

various property management tools and 

techniques taking into account the 

environment in which the property is 

located and its vulnerability to theft, 

waste, fraud, or abuse. 

Excess personal property (see § 102–

36.40 of this subchapter B). 

Exchange/sale (see § 102–39.20 of this 

subchapter B). 

Executive agency (see § 102–36.40 of 

this subchapter B). 

Federal agency (see § 102–36.40 of 

this subchapter B). 

Foreign gifts and decorations (for the 

definition of relevant terms, see § 102–

42.10 of this subchapter B). 

Forfeited property (see § 102–41.20 of 

this subchapter B). 

Inventory includes a formal listing of 

all accountable property items assigned 

to an agency, along with a formal 

process to verify the condition, location, 

and quantity of such items. This term 

may also be used as a verb to indicate 

the actions leading to the development 

of a listing. In this sense, an inventory 

must be conducted using an actual 

physical count, electronic means, and/ 

or statistical methods. 

National property management officer 

means an official, designated in 

accordance with § 102–36.45(b) of this 

subchapter B, who is responsible for 

ensuring effective acquisition, use, and 

disposal of excess property within your 

agency. 

Personal property (see § 102–36.40 of 

this subchapter B). 

Property management means the 

system of acquiring, maintaining, using 

and disposing of the personal property 

of an organization or entity. 

Seized property means personal 

property that has been confiscated by a 

Federal agency, and whose care and 

handling will be the responsibility of 

that agency until final ownership is 

determined by the judicial process. 

Sensitive Personal Property includes 

all items, regardless of value, that 

require special control and 

accountability due to unusual rates of 

loss, theft or misuse, or due to national 

security or export control 

considerations. Such property includes 

weapons, ammunition, explosives, 

information technology equipment with 

memory capability, cameras, and 

communications equipment. These 

classifications do not preclude agencies 

from specifying additional personal 

property classifications to effectively 

manage their programs. 

Surplus personal property (see § 102–

37.25 of this subchapter B). 

Utilization means the identification, 

reporting, and transfer of excess 

personal property among Federal 

agencies. 

§ 102–35.25 What management reports 

must we provide? 

(a) There are three reports that must 

be provided. The report summarizing 

the property provided to non-Federal 

recipients and the report summarizing 

exchange/sale transactions (see §§ 102–

36.295 and 102–39.75 respectively of 

this subchapter B) must be provided 

every year (negative reports are 

required). In addition, if you conduct 

negotiated sales of surplus personal 

property valued over $5,000 in any year, 

you must report this transaction in 

accordance with § 102–38.115 (negative 

reports are not required for this report). 

(b) The General Services 

Administration (GSA) may request other 

reports as authorized by 40 U.S.C. 

506(a)(1)(A). 

§ 102–35.30 What actions must I take or 

am I authorized to take regardless of the 

property disposition method? 

Regardless of the disposition method 

used: 

(a) You must maintain property in a 

safe, secure, and cost-effective manner 

until final disposition. 

(b) You have authority to use the 

abandonment/ destruction provisions at 

any stage of the disposal process (see 

§§ 102–36.305 through 102–36.330 and 

§ 102–38.70 of this subchapter B). 

(c) You must implement policies and 

procedures to remove sensitive or 

classified information from property 

prior to disposal. Agency-affixed 

markings should be removed, if at all 

possible, prior to personal property 

permanently leaving your agency’s 

control. 

(d) Government-owned personal 

property may only be used as 

authorized by your agency. Title to 

Government-owned personal property 

cannot be transferred to a non-Federal 

entity unless through official procedures 

specifically authorized by law. 

[FR Doc. E7–3958 Filed 3–6–07; 8:45 am] 

BILLING CODE 6820–14–S 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 211 

[Docket No. 2006–24141, Notice No. 2] 

RIN 2130–AB77 

Rules of Practice: Direct Final 

Rulemaking Procedures 

AGENCY: Federal Railroad 

Administration (FRA), DOT. 

ACTION: Final rule. 

SUMMARY: In October 2006, FRA 

proposed to amend its rules of practice 

by adopting direct final rulemaking 

procedures intended to expedite the 

publication of routine or 

noncontroversial changes. FRA received 

no comments to this proposal, and in 

this rule adopts its proposed direct final 

rulemaking procedures without change. 

DATES: This rule is effective on April 6, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Patricia V. Sun, Trial Attorney, Mail 

Stop 10, Federal Railroad 

Administration, 1120 Vermont Avenue, 

NW., Washington, DC 20005 (telephone: 

(202) 493–6038). 

SUPPLEMENTARY INFORMATION: 

Background 

On October 11, 2006, FRA proposed 

to amend its Rules of Practice (49 CFR 

Part 211) to adopt direct final 

rulemaking procedures which would 

expedite its rulemaking process for 

noncontroversial regulatory changes to 

which no adverse comment was 

anticipated (71 FR 59698). The 

proposed direct final rulemaking 

procedures, closely modeled upon those 

of the Office of the Secretary of 

Transportation (OST) (January 30, 2004, 

69 FR 4455), would allow FRA to 

reduce the time necessary to develop, 

review, clear and publish routine rules 

to which no adverse public comment 

was anticipated by eliminating the 

requirement to publish separate 


sroberts on PROD1PC70 with RULES