Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Proposed Rules 25723 

but are not limited to Broadcast Notice 

to Mariners or Local Notice to Mariners. 

The Captain of the Port will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

suspended. 

(e) Exemption. Public vessels as 

defined in paragraph (b) of this section 

are exempt from the requirements in 

this section. 

(f) Wavier. For any vessel, the Captain 

of the Port Lake Michigan or a 

designated representative may waive 

any of the requirements of this section, 

upon finding that operational 

conditions or other circumstances are 

such that application of this section is 

unnecessary or impractical for the 

purposes of safety or environmental 

safety. 

Dated: March 12, 2007. 

Bruce C. Jones, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. E7–8605 Filed 5–4–07; 8:45 am] 

BILLING CODE 4910–15–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 101–42, 101–45, and 102–

40 

[FPMR Case 2003–101–1; Docket 2007–001; 

Sequence 2] 

[FMR Case 2003–102–4] 

RIN 3090–AH21 

Federal Management Regulation; 

FPMR Case 2003–101–1; FMR Case 

2003–102–4, Disposition of Personal 

Property with Special Handling 

Requirements 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration is proposing to amend 

the Federal Property Management 

Regulations (FPMR) by revising 

coverage on the hazardous and certain 

categories of personal property and 

moving it into the Federal Management 

Regulation (FMR) addressing all types of 

property requiring special handling. A 

cross-reference is added to the FPMR to 

direct readers to the coverage in the 

FMR. The FMR coverage is written in 

plain language to provide agencies with 

updated regulatory material that is easy 

to read and understand. 

DATES: Interested parties should submit 

comments in writing on or before June 

6, 2007 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FPMR case 2003–101–1 by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for any 

document by first selecting the proper 

document types and selecting ‘‘General 

Services Administration’’ as the agency 

of choice. At the ‘‘Keyword’’ prompt, 

type in the FMR case number (for 

example, FPMR case 2003–101–1) and 

click on the ‘‘Submit’’ button. Please 

include any personal and/or business 

information inside the document. You 

may also search for any document by 

clicking on the ‘‘Advanced search/ 

document search’’ tab at the top of the 

screen, selecting from the agency field 

‘‘General Services Administration’’, and 

typing the FMR case number in the 

keyword field. Select the ‘‘Submit’’

button. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VIR), 1800 F Street, NW., Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FPMR case 2003–101–1 in 

all correspondence related to this case. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat, Room 4035, GS 

Building, Washington, DC 20405, at 

(202) 501–4755 for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Robert Holcombe, Director, 

Asset Management (MTA), at (202) 

501–3828. Please cite FPMR Case 

2003–101–1. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This proposed rule updates, 

streamlines, and clarifies FPMR part 

101–42 and moves the part into the 

FMR as part 102–40. This proposed rule 

also removes §§ 101–45.001, 101–

45.002, and 101–45.004. The subject 

matter of these sections is addressed in 

section 102–40.190 (disposal of items 

requiring demilitarization); section 102–

40.50 (handling of property reported to 

GSA so as to preserve civilian utility as 

far as possible); section 102–40.220 

(disposal of gold as a precious metal); 

and section 102–40.135 (disposal of 

ATVs). 

In addition, this proposed rule 

removes section 101–45.003 regarding 

vehicle reconditioning. That section 

provides guidance that the Federal fleet 

community considers standard business 

practices, and is more prescriptive of 

specific tasks than is intended by this 

Governmentwide policy regulation. 

The proposed rule is written in a 

plain language question and answer 

format. This style uses an active voice, 

shorter sentences, and pronouns. A 

question and its answer combine to 

establish a rule. The employee and the 

agency must follow the language 

contained in both the question and its 

answer. 

Proposed FMR part 102–40 includes 

the following specific changes from 

FPMR part 101–42: 

1. Proposed section 102–40.30 

includes the following terms and 

definitions not found in section 101–

42.001: 

Ammunition 

Commerce Control List Item (CCLI) 

Demilitarization 

Material Safety Data Sheet (MSDS) 

Medical devices 

Precious metal 

2. Proposed section 102–40.95 revises 

FPMR section 101–42.401, Sales 

responsibilities for hazardous material, 

by allowing agencies to sell property 

with special handling requirements. 

3. Proposed section 102–40.150 has 

special requirements for handling 

asbestos products. 

4. Proposed section 102–40.140 

introduces the topic of disposal of 

ammunition which does not appear in 

part 101–42. The disposition of 

ammunition and ammunition 

components are combined in this part 

102–40. A new policy contained in part 

102–40 allows the sale of ammunition 

and ammunition components to 

activities licensed to perform 

manufacturing/ demanufacturing/ 

remanufacturing, or licensed to recover 

basic material content of the 

ammunition or ammunition 

components. Expended ammunition 

cartridge cases may be transferred or 

donated when the recipient certifies that 

the cartridge case will be reloaded and 

used only for law enforcement 

purposes. 

5. Proposed section 102–40.195 has 

special requirements for handling 

Commerce Control List items. 

6. Proposed part 102–40 incorporates 

topics that appeared in 41 CFR part 

101–45; specifically, the provisions 

appearing at section 101–45.001, 

‘‘Demilitarization and 

decontamination’’; section 101–45.002, 

‘‘Gold’’; and section 101–45.004, ‘‘All 

terrain vehicles.’’ The subject matter of 

these sections is addressed in section 

102–40.190 (disposal of items requiring 

demilitarization); section 102–40.50 


rwilkins on PROD1PC63 with PROPOSALS
25724 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Proposed Rules 

(handling of property reported to GSA 

so as to preserve civilian utility as far as 

possible); section 102–40.220 (disposal 

of gold as a precious metal); and section 

102–40.135 (disposal of ATVs). 

This proposed rule removes section 

101–45.003 regarding vehicle 

reconditioning. That section provides 

guidance that the Federal fleet 

community considers standard business 

practices, and is more prescriptive of 

specific tasks than is intended by this 

Governmentwide policy regulation. 

7. Proposed part 102–40 is less 

prescriptive. It is GSA’s intention to use 

these FMR regulations to describe 

‘‘what’’ is to be accomplished, not 

‘‘how’’ to perform a specific task. 

B. Executive Order 12866 

GSA has determined that this 

proposed rule is not a significant rule 

for the purposes of Executive Order 

12866 of September 30, 1993. 

C. Regulatory Flexibility Act 

This proposed rule is not required to 

be published in the Federal Register for 

notice and 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 this proposed 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 proposed 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 Parts 101–42, 

101–45, and 102–40 

Government property management. 

Dated: December 11, 2006. 

Kevin Messner, 

Acting Associate Administrator. 

For the reasons set forth in the 

preamble, GSA proposes to amend 41 

CFR chapters 101 and 102 as follows: 

CHAPTER 101—FEDERAL PROPERTY 

MANAGEMENT REGULATIONS 

1. Part 101–42 is revised to read as 

follows: 

PART 101–42—DISPOSITION OF 

PERSONAL PROPERTY WITH 

SPECIAL HANDLING REQUIREMENTS 

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

§ 101–42.000 Cross-reference to the 

Federal Management Regulation (FMR) (41 

CFR chapter 102, parts 102–1 through 102–

220). 

For information on the disposition of 

personal property with special handling 

requirements previously contained in 

this part, see FMR part 40 (41 CFR part 

102–40), Disposition of Personal 

Property with Special Handling 

Requirements. 

PART 101–45—SALE, 

ABANDONMENT, OR DESTRUCTION 

OF PERSONAL PROPERTY 

2. The authority citation for part 101–

45 continues to read as follows: 

Authority: 40 U.S.C. 545 and 121(c). 

§ 101–45.001 [Removed] 

3. Section 101–45.001 is removed. 

§ 101–45.002 [Removed] 

4. Section 101–45.002 is removed. 

§ 101–45.003 [Removed] 

5. Section 101–45.003 is removed. 

§ 101–45.004 [Removed] 

6. Section 101–45.004 is removed. 

CHAPTER 102—Federal Management 

Regulation 

7. Part 102–40 is added to subchapter 

B of chapter 102 to read as follows: 

PART 102–40—DISPOSITION OF 

PERSONAL PROPERTY WITH 

SPECIAL HANDLING REQUIREMENTS 

Subpart A—General Provisions 

Sec. 

102–40.5 What does this part cover? 

102–40.10 What is the governing authority 

for this part? 

102–40.15 Who must comply with the 

provisions in this part? 

102–40.20 To whom do ‘‘we’’, ‘‘you’’, and 

their variants refer? 

102–40.25 How do we request a deviation 

from these requirements and who can 

approve it? 

Definitions 

102–40.30 What definitions apply to this 

part? 

Subpart B—Responsibilities 

102–40.35 What types of personal property 

require special handling? 

102–40.40 What are our responsibilities 

concerning personal property requiring 

special handling? 

102–40.45 What must we do when we have 

identified personal property with special 

handling requirements? 

102–40.50 What must we do when we no 

longer need personal property with 

special handling requirements? 

102–40.55 Do we report all excess personal 

property with special handling 

requirements to GSA? 

102–40.60 Who is responsible for the 

custody of hazardous materials and 

property requiring special handling? 

102–40.65 Who is responsible for the care 

and handling of hazardous materials and 

property requiring special handling? 

Subpart C—Transfer and Donation of 

Personal Property With Special Handling 

Requirements 

102–40.70 What must we do when 

reporting excess personal property with 

special handling requirements? 

102–40.75 Is personal property requiring 

special handling available for transfer or 

donation? 

102–40.80 Is donee certification required on 

the donation of personal property 

requiring special handling? 

102–40.85 Must we follow additional 

requirements for the inspection of 

personal property with special handling 

requirements? 

102–40.90 Who pays for the costs incident 

to the transfer or donation of personal 

property with special handling 

requirements? 

Subpart D—Sale of Personal Property With 

Special Handling Requirements 

102–40.95 May we sell personal property 

with special handling requirements? 

102–40.100 May we use any sales method 

to sell personal property that require 

special handling? 

102–40.105 What must we include in the 

sales terms and conditions when selling 

personal property with special handling 

requirements? 

102–40.110 Are certifications required from 

the purchaser when selling personal 

property with special handling 

requirements? 

102–40.115 What precautions must we take 

during the sales process for personal 

property requiring special handling? 

102–40.120 May we dispose of personal 

property requiring special handling by 

abandonment or destruction? 

Subpart E—Personal Property with Special 

Handling Requirements 

102–40.125 What categories of personal 

property require special handling? 

102–40.130 How do we manage acidcontaminated and explosivecontaminated property? 

102–40.135 How do we handle all-terrain 

vehicles (ATVs)? 

102–40.140 How do we handle 

ammunition? 

102–40.145 How do we handle animals and 

plants? 

102–40.150 How do we handle asbestos? 

102–40.155 How do we handle controlled 

substances? 

102–40.160 How do we handle drugs, 

biologicals, and reagents other than 

controlled substances? 

102–40.165 How do we handle electronic 

products? 

102–40.170 How do we handle firearms? 

102–40.175 How do we handle hazardous 

materials? 

102–40.180 How do we handle leadcontaining paints and items bearing leadcontaining paint? 


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102–40.185 How do we handle medical 

devices? 

102–40.190 How do we handle Munitions 

List Items (MLIs)? 

102–40.195 How do we handle Commerce 

Control List Items (CCLIs)? 

102–40.200 How do we handle national 

stockpile material? 

102–40.205 How do we handle Nuclear 

Regulatory Commission-controlled 

materials? 

102–40.210 How do we handle ozone 

depleting substances? 

102–40.215 How do we handle 

polychlorinated biphenyls (PCBs)? 

102–40.220 How do we handle precious 

metals? 

102–40.225 How do we handle vehicles not 

suitable for highway use? 

Appendix A Federal Supply Classes (FSC) 

Composed Predominantly of Hazardous 

Items 

Appendix B Federal Supply Classes and 

Groups Which Contain A Significant 

Number of Hazardous Items 

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

Subpart A—General Provisions 

§ 102–40.5 What does this part cover? 

This part provides guidance on the 

transfer, donation, sale and other 

disposal of Government personal 

property with special handling 

requirements located in the United 

States, the District of Columbia, the U.S. 

Virgin Islands, American Samoa, Guam, 

Puerto Rico, the Northern Mariana 

Islands, Federated States of Micronesia, 

the Marshall Islands, and Palau. For 

guidance on disposing of personal 

property located outside these areas, see 

§§ 102–36.380 through 102–36.400 of 

this subchapter B. 

§ 102–40.10 What is the governing 

authority for this part? 

Section 121(c) of title 40 of the United 

States Code, Subtitle I—Federal 

Property and Administrative Services, 

authorizes the Administrator of General 

Services to prescribe regulations 

necessary to perform functions under 

this part. 

§ 102–40.15 Who must comply with the 

provisions in this part? 

All executive agencies must comply 

with the provisions of this part unless 

authorized by separate statutory 

authority to do otherwise. Legislative 

and judicial agencies are encouraged to 

follow these provisions. 

§ 102–40.20 To whom do ‘‘we’’, ‘‘you’’, and 

their variants refer? 

The pronouns ‘‘we’’, ‘‘you’’, and their 

variants throughout this part refer to the 

agency. 

§ 102–40.25 How do we request a 

deviation from these requirements and who 

can approve it? 

See §§ 102–2.60 through 102–2.110 of 

subchapter A to request a deviation 

from the requirements of this part. 

Definitions 

§ 102–40.30 What definitions apply to this 

part? 

The following definitions apply to 

this part: 

Acid-contaminated property means 

property that may cause burns or 

toxicosis when improperly handled due 

to acid residues adhering to or trapped 

within the material. 

Ammunition means any device 

charged with explosives, propellants, 

pyrotechnics, or nuclear, biological, or 

chemical material, for use in connection 

with defense, offense, or demolitions. 

Ammunition components means the 

parts used in ammunition, to include 

cartridge cases, primers, bullets/ 

projectiles, and propellant powder. 

Biologicals means hazardous 

materials associated with the products 

and operations of applied biology and 

biochemistry, especially serums, 

vaccines, etc., produced from 

microorganisms. 

Commerce Control List Item (CCLI) 

means property identified on the 

Commerce Control List (15 CFR part 

774) subject to export controls under the 

Export Administration Act of 1979, as 

amended (50 U.S.C. app. 2401–2420) 

and implemented by the Export 

Administration Regulations (15 CFR 

part 730). Items may be placed on the 

list for reasons of technology transfer, 

scarcity of materials, crime control, and 

national security. 

Controlled substances means—

(1) Any narcotic, depressant, 

stimulant, or hallucinogenic drug, or 

any other drug or substance included in 

Schedules I, II, III, IV, or V of section 

202 of the Controlled Substances Act 

(21 U.S.C. 812), except exempt chemical 

preparations and mixtures and excluded 

substances listed in 21 CFR part 1308; 

(2) Any other drug or substance that 

the Attorney General determines to be 

subject to control under Subchapter I of 

the Controlled Substances Act (21 

U.S.C. 801 to 904); or 

(3) Any other drug or substance that 

by international treaty, convention, or 

protocol is to be controlled by the 

United States. 

Demilitarization means, as defined by 

the Department of Defense (DOD) in the 

Defense Material Disposition Manual, 

DOD 4160.21–M (www.dla.mil/dlaps/ 

dod/416021m/guide.asp), the act of 

destroying the military offensive or 

defensive advantages inherent in certain 

types of equipment or material. The 

term includes mutilation, dumping at 

sea, scrapping, melting, burning, or 

alteration designed to prevent the 

further use of this equipment and 

material for its originally intended 

military or lethal purpose and applies 

equally to material in unserviceable or 

serviceable condition that has been 

screened through an Inventory Control 

Point and declared excess or foreign 

excess. 

Explosive-contaminated property 

means property that may ignite or 

explode when exposed to shock, flame, 

sparks, or other high temperature 

sources due to residual explosive 

material in joints, angles, cracks, or 

around bolts. 

Extremely hazardous property means 

property hazardous to the extent that it 

generally requires special handling such 

as licensing and training of handlers, 

protective clothing, and special 

containers and storage. Because of its 

extreme flammability, toxicity, 

corrosivity or other perilous qualities, it 

could constitute an immediate danger or 

threat to public health or safety or the 

environment if released to the general 

public. 

Firearm means any weapon, silencer, 

or destructive device designed to, or 

readily convertible to, expel a projectile 

by the action of an explosive, as defined 

in Title 26 of the Internal Revenue Code 

(26 U.S.C. 5845). Excludes antique 

firearms as defined in 26 U.S.C. 5845(g). 

Hazardous material means property 

that is deemed a hazardous material, 

chemical substance or mixture, or 

hazardous waste under the Hazardous 

Materials Transportation Act (HMTA), 

the Resource Conservation and 

Recovery Act (RCRA), or the Toxic 

Substances Control Act (TSCA). 

Generally, hazardous materials have one 

or more of the following characteristics: 

(1) Has a flash point below 200°F 

(93.3°C), closed cup, or is subject to 

spontaneous heating. 

(2) Is subject to polymerization with 

the release of large amounts of energy 

when handled, stored, or shipped 

without adequate controls. 

(3) In the course of normal operations, 

may produce fibers, dusts, gases, fumes, 

vapors, mists, or smokes which have 

one or more of the following 

characteristics: 

(i) Causes 50 percent fatalities to test 

animals below 500 mg/kg of test animal 

weight when a single oral Lethal Dose, 

50% (LD50) or semi-lethal dose is used. 

(ii) Is a flammable solid or a strong 

oxidizing or reducing agent. 

(iii) Causes first degree burns to skin 

in a short time exposure, or is 

systematically toxic by skin contact. 


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(iv) Has a permissible exposure limit 

(PEL) below 1000 parts per million for 

gases and vapors, below 500 mg/mm3 

for fumes, or below 2 fibers/CM3 for 

dust. 

(v) Causes occupational chemical 

dermatitis, which is any abnormality of 

the skin induced or aggravated by the 

work environment which includes but 

is not limited to primary irritant 

categories, allergic sensitizers, and 

photo sensitizers. 

(4) Is radioactive to the extent it 

requires special handling. 

(5) Is a recognized carcinogen 

according to Occupational Safety and 

Health Administration (OSHA) 

regulations at 29 CFR part 1910. 

(6) Possesses special characteristics 

which, in the opinion of the holding 

agency, could be hazardous to health, 

safety, or the environment if improperly 

handled, stored, transported, disposed 

of, or otherwise improperly used. 

Hazardous waste means those 

materials the handling and disposal of 

which are governed by 40 CFR parts 260 

through 265 and 268. Hazardous 

materials generally become hazardous 

wastes when they are no longer suitable 

for their intended or valid alternate 

purpose, or for resource recovery. Some 

solid (non-hazardous) wastes are 

predetermined hazardous wastes upon 

generation (40 CFR part 261, subpart D); 

some are determined hazardous wastes 

when they exhibit ignitability, 

corrosivity, reactivity, or extraction 

procedure toxicity. 

Lead-containing paint means paint or 

other similar surface coating material 

containing lead or lead compounds in 

excess of 0.06 percent of the weight of 

the total nonvolatile content of the paint 

or the weight of the dried paint film. 

Material Safety Data Sheet (MSDS) 

means the documentation, as required 

by 29 CFR 1910.1200, identifying the 

potential hazards associated with the 

specific category of product or property. 

Sources of MSDS information may be 

the manufacturer, distributor, or the 

procuring agency. 

Medical devices means any healthcare product that does not achieve its 

principle intended purposes by 

chemical action in or on the body or by 

being metabolized. Medical devices are 

categorized in the Federal Food, Drug, 

and Cosmetic Act (21 U.S.C. 301–399). 

Munitions List Item (MLI) means 

property, services, and related technical 

data designated as defense articles and 

defense services pursuant to sections 38 

and 47(7) of the Arms Export Control 

Act (22 U.S.C. 2778 and 2794(7)). 

Implementing regulations may be found 

in 22 CFR parts 120 and 121. 

Nuclear Regulatory CommissionControlled Material means material 

subject to the controls of the Nuclear 

Regulatory Commission (NRC). The 

materials are defined as follows: 

(1) Byproduct material: Any 

radioactive material (except special 

nuclear material) yielded in or made 

radioactive by exposure to the radiation 

incident to the process of producing or 

utilizing special nuclear material. (See 

10 CFR part 30). 

(2) Source material: Uranium or 

thorium, or any combination thereof, in 

any physical or chemical form or ores 

which contain by weight one-twentieth 

of one percent (0.05%) or more of 

uranium, thorium, or any combination 

thereof. Source material does not 

include special nuclear material. (See 10 

CFR part 40). 

(3) Special nuclear material: 

Plutonium, uranium 233, uranium 

enriched in the isotope 233 or in the 

isotope 235, any other materials which 

the NRC, pursuant to the Atomic Energy 

Act of 1954 (42 U.S.C. 2011 et seq.), 

including any amendments thereto, 

determines to be special nuclear 

material, or any material artificially 

enriched by any of the foregoing, but 

does not include source material. (See 

10 CFR part 70). 

Perishable means an item subject to 

rapid deterioration or spoilage when 

removed from special storage conditions 

or care, such as fresh food, animals, and 

plants. 

Precious metal means gold, silver, and 

platinum group metals (platinum, 

palladium, iridium, rhodium, osmium, 

and ruthenium). 

Reagent means any hazardous 

material used to detect or measure 

another substance or to convert one 

substance into another by means of the 

reactions it causes. 

Subpart B—Responsibilities 

§ 102–40.35 What types of personal 

property require special handling? 

Personal property containing 

hazardous materials or other elements 

that require compliance with Federal, 

State, and local laws in their usage, 

storage, transportation and disposal, and 

the inadequate control of which may 

lead to potential safety, health, 

environmental, economic, or national 

security risks. 

§ 102–40.40 What are our responsibilities 

concerning personal property requiring 

special handling? 

You are responsible for—

(a) Identifying and accounting for 

property with special handling 

requirements; 

(b) Complying with applicable 

Federal, State, and local laws and 

regulations concerning the handling, 

storage, labeling, use, and final 

disposition of such property; 

(c) Ensuring adequate storage and 

safeguard of such property, e.g., secured 

or limited access storage areas, warning 

signs, and protective clothing and 

equipment; and 

(d) Transporting materials requiring 

special handling in accordance with 

Department of Transportation (DOT), 

Environmental Protection Agency 

(EPA), and State and local regulations. 

§ 102–40.45 What must we do when we 

have identified personal property with 

special handling requirements? 

You must properly mark, tag, or label 

personal property with special handling 

requirements in accordance with 

applicable Federal law, including the 

Occupational Safety and Health 

Administration requirements (29 CFR 

1910.1200), regarding the actual or 

potential hazard associated with the 

property, and ensure that such 

information is maintained and 

perpetuated in the official agency 

property records. Labeling requirements 

for substances that are excluded from 

the requirements of 29 CFR 1910.1200 

are found in the references listed in 29 

CFR 1910.1200(b)(5) and (6). 

§ 102–40.50 What must we do when we no 

longer need personal property with special 

handling requirements? 

Except for the items listed in § 102–

40.55, you must report personal 

property with special handling 

requirements that you no longer need to 

the General Services Administration 

(GSA) for Federal or donation screening. 

Dispose of property not required to be 

reported to GSA in accordance with 

applicable Federal, State, and local laws 

and regulations, and your agency 

procedures. Disposal must be 

accomplished so as to preserve as much 

as possible any civilian utility or 

commercial value of the property. 

§ 102–40.55 Do we report all excess 

personal property with special handling 

requirements to GSA? 

No. Because of their characteristics, 

certain items are not subject to the usual 

disposal procedures. You should not 

report to GSA excess personal property 

with special handling requirements in 

any of the categories listed below. 

(a) Extremely hazardous personal 

property. You must dispose of extremely 

hazardous personal property not 

reported to GSA in accordance with 

applicable demilitarization 

requirements, EPA regulations, State 


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and local laws or regulations, and other 

Federal laws, regulations or guidelines. 

(b) Hazardous wastes. You must 

dispose of hazardous wastes in 

accordance with applicable 

demilitarization requirements, EPA 

regulations, State and local laws or 

regulations, and other Federal laws, 

regulations or guidelines. 

(c) Perishables. You may dispose of 

perishables by abandonment/ 

destruction when it is not detrimental to 

public health or safety. See the 

abandonment/destruction provisions in 

part 102–36 of this subchapter B. 

(d) EPA research materials. The EPA, 

under its independent authority, may 

transfer accountability for hazardous 

materials deemed by EPA to be research 

materials to Federal, State, and local 

agencies, research institutions, or 

commercial businesses to conduct 

research or to perform the actual 

cleanup of a contaminated site. 

§ 102–40.60 Who is responsible for the 

custody of hazardous materials and 

property requiring special handling? 

The holding agency is responsible for 

the custody of hazardous materials and 

property requiring special handling. 

Custody of these items may be 

transferred in whole or in part to 

another Federal agency with that 

agency’s consent. 

§ 102–40.65 Who is responsible for the 

care and handling of hazardous materials 

and property requiring special handling? 

The holding agency is responsible for 

the care and handling of hazardous 

materials and property requiring special 

handling until the time the property has 

completed the disposal process; and has 

been transferred, donated, sold, or 

destroyed, as authorized by this part. 

The nature of this material may require 

extra precautions, processes, or 

equipment, thereby increasing the cost 

of care and handling. 

Subpart C—Transfer and Donation of 

Personal Property With Special 

Handling Requirements 

§ 102–40.70 What must we do when 

reporting excess personal property with 

special handling requirements? 

You must include with your report of 

excess a complete description of the 

characteristics of the property, use or 

disposal restrictions, and the actual or 

potential hazard associated with the 

use, handling, or storage of the item. 

You should include a Material Safety 

Data Sheet (MSDS) or Hazardous 

Material Information System (HMIS) 

record (or equivalent) if available. The 

physical item which requires special 

handling must also be marked so as to 

identify its special characteristic. 

§ 102–40.75 Is personal property requiring 

special handling available for transfer or 

donation? 

Generally, yes, with the exceptions 

contained in this part, personal property 

requiring special handling is available 

for transfer or donation in accordance 

with 41 CFR parts 102–36 and 102–37 

of this subchapter B respectively. 

However, all transfer and donation 

documents must include a complete 

description of the actual or potential 

hazard associated with the handling, 

storage, use, or disposal of the item. 

§ 102–40.80 Is donee certification required 

on the donation of personal property 

requiring special handling? 

Yes, GSA will not approve a donation 

to a State Agency for Surplus Property 

(SASP) unless an eligible donee has 

been identified. The transfer document 

must contain a full description of the 

actual or potential hazard(s) and 

restriction(s) associated with the 

handling, storage, use, transportation, or 

disposal of the item. In addition, the 

following certification (or an equivalent) 

must be signed by the donee: 

I (We), the undersigned, hereby certify that 

the donee has knowledge and understanding 

of the hazardous nature of the property 

hereby donated and will comply with all 

applicable Federal, State, and local laws, 

ordinances, and regulations with respect to 

the care, handling, storage, shipment, and 

disposal of the hazardous material(s). The 

donee agrees and certifies that the United 

States shall not be liable for personal injuries 

to, disabilities of, or death of the donee or the 

donee’s employees, or any other person 

arising from or incident to the donation of 

the hazardous material(s) or its final 

disposition. Additionally, the donee agrees 

and certifies to hold the United States 

harmless from and shall indemnify the 

United States against any or all debts, 

liabilities, judgments, costs, demands, suits, 

actions, or claims of any nature arising from 

or incident to the donation of the hazardous 

material(s), its use, or final disposition. 

llllllllllllll 

Name of Donee (print or type) 

llllllllllllll 

Signature of Donee 

§ 102–40.85 Must we follow additional 

requirements for the inspection of personal 

property with special handling 

requirements? 

Yes, you are responsible for 

establishing appropriate safeguards and 

providing instructions for personal 

protection to screeners who are 

inspecting property with special 

handling requirements. 

§ 102–40.90 Who pays for the costs 

incident to the transfer or donation of 

personal property with special handling 

requirements? 

You may charge the Federal agency or 

donation recipient any costs you 

incurred in packing, preparing for 

shipment, and transporting property 

with special handling requirements (see 

parts 102–36 and 102–37 of this 

subchapter B). 

Subpart D—Sale of Personal Property 

With Special Handling Requirements 

§ 102–40.95 May we sell personal property 

with special handling requirements? 

Generally, yes, you may sell personal 

property with special handling 

requirements when you (1) comply with 

applicable Federal, State, and local laws 

and regulations, including 41 CFR part 

102–38, and (2) follow applicable 

precautions including but not limited to 

proper packaging of the property, 

labeling of appropriate warning signs, 

and allowing for inspection of the 

property with proper safeguards. 

§ 102–40.100 May we use any sales 

method to sell personal property that 

requires special handling? 

Yes, you may use any of the sales 

methods provided in part 102–38 of this 

subchapter B, but you must—

(a) Hold sales of such property 

separately from other sales, 

(b) Store and display such property in 

a safe and controlled manner as 

required by applicable statutes or 

regulations, 

(c) Indicate if the property is being 

sold only for scrap, and/or if there are 

any use requirements, and 

(d) Comply with the requirements of 

other Federal, State, and local laws and 

regulations. 

§ 102–40.105 What must we include in the 

sales terms and conditions when selling 

personal property with special handling 

requirements? 

In addition to the recommended sales 

terms and conditions contained in part 

102–38 of this subchapter B, when 

selling personal property with special 

handling requirements you must 

include the following in the sales terms 

and conditions: 

(a) A full description of the actual or 

potential hazard(s) associated with 

handling, storage, or use of the item, as 

well as any use restrictions or 

limitations. 

(b) A MSDS, when available. 

(c) A certification, executed by a duly 

authorized agency official, that the item 

is appropriately labeled and packaged in 

accordance with applicable regulatory 

and statutory requirements. 


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(d) Any additional requirements the 

purchaser must comply with prior to 

removal, e.g., demilitarization on-site. 

(e) The necessary steps the purchaser 

must take in the handling and 

transportation of the property when the 

property is sold. 

(f) A statement that it is the 

purchaser’s responsibility to comply 

with all applicable Federal, State, local, 

and export laws and regulations to 

ensure the proper registration, licensing, 

possession, transportation, and 

subsequent use, resale or disposal of the 

property. You must use the following 

certification (or an equivalent 

certification) when offering for sale an 

item requiring special handling. Failure 

to sign the certification may result in the 

bid being rejected as nonresponsive: 

The undersigned bidder hereby certifies 

that if awarded a contract under this 

invitation for bids, the bidder will comply 

with all applicable Federal, State, and local 

laws, ordinances, and regulations with 

respect to the care, handling, storage, 

shipment, resale, export, or other use of the 

material hereby purchased. The bidder will 

hold the United States harmless from and 

indemnify the United States against any or 

all debts, liabilities, judgments, costs, 

demands, suits, actions, or other claims of 

any nature arising from or incident to the 

handling, use, storage, shipment, resale, 

export, or other disposition of the items 

purchased. 

llllllllllllll 

Name of bidder (print or type) 

llllllllllllll 

Signature of bidder 

§ 102–40.110 Are certifications required 

from the purchaser when selling personal 

property with special handling 

requirements? 

Yes, in addition to receiving a 

certification that the purchaser will 

comply with all Federal, State, and local 

laws and regulations with respect to the 

care, handling, storage, shipment, and 

disposal of personal property with 

special handling requirements, you 

must obtain from the purchaser a 

certification that the purchaser will 

comply with any additional 

requirements associated with the 

property, such as demilitarization, 

export controls on Commerce-controlled 

list items, or mutilation requirements 

for flight safety critical aircraft parts. 

§ 102–40.115 What precautions must we 

take during the sales process for personal 

property requiring special handling? 

It is your responsibility to prepare 

items with special handling 

requirements for sale, provide all 

necessary information to ensure that 

prospective bidders are informed of 

hazards, and identify precautions that 

bidders should take to protect 

themselves while inspecting, packing or 

moving items with special handling 

requirements. You must make any safety 

gear or equipment needed during the 

sales process available to prospective 

bidders and others involved in the 

inspection, packing, or moving of these 

items. 

§ 102–40.120 May we dispose of personal 

property requiring special handling by 

abandonment or destruction? 

Yes, you may dispose of personal 

property requiring special handling by 

abandonment or destruction. However, 

in addition to the requirements for the 

abandonment or destruction of property 

in §§ 102–36.305 through 102–36.330 of 

this subchapter B, you must also satisfy 

applicable Federal, State, and local 

waste disposal and air and water 

pollution control standards, laws, and 

regulations. You must ensure that such 

property, including empty hazardous 

material containers, not be abandoned 

until made safe, demilitarized, reduced 

to scrap, or otherwise made innocuous. 

National security classified items must 

be declassified or destroyed in 

accordance with holding agency 

regulations. 

Subpart E—Personal Property With 

Special Handling Requirements 

§ 102–40.125 What categories of personal 

property require special handling? 

Many categories of personal property 

have special handling requirements in 

compliance with applicable Federal, 

State, and local regulations and 

ordinances for their handling, 

transportation, storage, disposal and 

use. See Appendix A to this part for a 

listing of Federal Supply Classifications 

(FSCs) containing predominately 

hazardous items and Appendix B to this 

part for a listing of FSCs containing a 

significant number of hazardous items. 

See §§ 102–40.130 through 102–40.225 

for special handling instructions for 

some categories of property that Federal 

property managers are likely to have 

responsibility for. 

§ 102–40.130 How do we manage acidcontaminated and explosive-contaminated 

property? 

Acid-contaminated or explosivecontaminated property is considered 

extremely hazardous property and is not 

reported to GSA for subsequent transfer 

or donation. You may dispose of such 

property by sale, in accordance with 

subpart B of this part and with the 

condition that the purchaser sufficiently 

decontaminates the property to the 

degree that it is no longer extremely 

hazardous. When selling acid or 

explosive contaminated property, the 

sales terms and sales documentation 

must both include the following 

certification, or an equivalent 

certification, which must be signed by 

the successful bidder. 

It is hereby certified that the undersigned 

purchaser will comply with all the applicable 

Federal, State, and local laws, ordinances 

and regulations with respect to the care, 

handling, storage, and shipment, resale, 

export, and other use of the materials, hereby 

purchased, and that he/she is a user of, or 

dealer in, said materials. This certification is 

made in accordance with and subject to the 

penalties of title 18, Section 1001, the United 

States Code, Crime and Criminal Procedures. 

llllllllllllll 

Name of purchaser (print or type) 

llllllllllllll 

Signature of purchaser 

§ 102–40.135 How do we handle all-terrain 

vehicles (ATVs)? 

Three-wheeled and four-wheeled all 

terrain vehicles (ATVs) can be 

exchanged with a dealer under the 

provisions of part 102–39 of this 

subchapter B. ATVs may be offered for 

sale as either salvage or scrap only after 

they have been mutilated in a manner 

to prevent operational use. 

§ 102–40.140 How do we handle 

ammunition? 

(a) Report usable ammunition to GSA 

for possible transfer to a Federal agency. 

You must not donate surplus 

ammunition, but you may donate 

surplus ammunition components. You 

may sell ammunition and ammunition 

components only to companies licensed 

to perform manufacturing/ 

demanufacturing/remanufacturing 

processes under the provisions of 18 

U.S.C. 923 or other Federal law or 

regulation. You must follow any 

demilitarization requirements. When 

selling ammunition components, the 

sales terms and sales documentation 

must both include the following 

certification, or an equivalent 

certification, which must be signed by 

the successful bidder: 

Item No. llllll contains 

ammunition components offered for sale in 

this invitation. The undersigned certifies that 

he/she will comply with all applicable local, 

State, and Federal laws and regulations 

concerning ammunition components. If the 

item being sold is scrap ammunition 

components, the undersigned certifies that 

these scrap ammunition components will not 

be used for the original manufactured 

purpose. 

llllllllllllll 

Name of bidder (print or type) 

llllllllllllll 

Signature of bidder 

(b) Expended ammunition cartridge 

cases may be transferred or donated 

when the recipient certifies that the 


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spent brass will be reloaded and used 

only for law enforcement purposes. 

(c) The transportation of primers or 

propellant powder is governed by 49 

CFR parts 171 through 180. 

§ 102–40.145 How do we handle animals 

and plants? 

When possible, you should report live 

animals and plants to GSA for transfer, 

donation, or sale. They are, however, 

considered perishables and could be 

immediately disposed of by 

abandonment/destruction procedures in 

accordance with abandonment/ 

destruction authority in 41 CFR part 

102–36 of this subchapter B. Unfit 

horses and mules may be destroyed or 

put out to pasture in accordance with 40 

U.S.C. 1308. Under 40 U.S.C. 555, you 

may donate canines formerly used in 

the performance of law enforcement 

duties to an individual experienced in 

handling canines in the performance of 

those duties. 

§ 102–40.150 How do we handle asbestos? 

(a) Items with asbestos content must 

be handled in accordance with the EPA 

regulations found at 40 CFR part 61 

subpart M. 

(b) Report to GSA excess personal 

property containing nonfriable asbestos, 

as defined in 40 CFR 61.141, for 

subsequent transfer, donation or sale in 

accordance with part 102–36 of this 

subchapter B. Nonfriable asbestos 

materials cannot (1) when dry; be 

crumbled, pulverized, or reduced to 

powder by hand pressure, or (2) contain 

asbestos which is bonded or otherwise 

rendered unavailable for release into the 

atmosphere through normal usage. All 

documentation on excess personal 

property containing nonfriable asbestos, 

such as reporting, transfer, and sales 

documents, must include a warning 

statement that the item may contain 

asbestos and must not be cut, crushed, 

sanded, disassembled, or otherwise 

altered. The property must also be 

labeled or marked with such warning 

statements. 

(c) You must use a warning such as 

the following on the documentation 

reporting the excess or transferring an 

item containing asbestos: 

WARNING 

This property contains asbestos. Inhaling 

asbestos fibers may cause cancer. Do not 

release fibers by cutting, crushing, sanding, 

disassembling, or otherwise altering this 

property. End users and new owners, if 

transferred, should be warned. OSHA 

standards for personnel protection are 

codified at 29 CFR 1910.1001. EPA disposal 

standards are codified at 40 CFR part 61. 

State and local authorities may have 

additional restrictions on the disposal of 

items containing asbestos. 

(d) Property containing asbestos 

should be labeled with a warning such 

as the following: 

WARNING 

This property contains asbestos. Inhaling 

asbestos fibers may cause cancer. Do not 

release fibers by cutting, crushing, sanding, 

disa- ssembling, or otherwise altering this 

property. 

(e) Nonfriable asbestos that is not 

transferred, donated, or sold may be 

abandoned as provided in §§ 102–

36.305 through 102–36.330 of this 

subchapter B. If destroyed by burial, 

items containing friable or nonfriable 

asbestos must be disposed of by burial 

at a site that meets the requirements of 

40 CFR 61.154. 

§ 102–40.155 How do we handle controlled 

substances? 

(a) You are not required to report 

excess controlled substances to GSA, 

but you should make reasonable efforts 

to transfer them to Federal agencies in 

accordance with Drug Enforcement 

Administration (DEA) regulations (21 

CFR 1307.22). The recipient agency 

must certify that it is authorized to 

procure the particular controlled 

substance and provide the registration 

number on the Certificate of 

Registration, issued by DEA. 

(b) You must not donate controlled 

substances. 

(c) In accordance with sales 

procedures specified in part 102–38 of 

this subchapter B, and under the 

conditions specified in this subsection 

(c), you may sell controlled substances 

by sealed bid only to bidders who have 

registered with DEA to manufacture, 

distribute, or dispense the particular 

controlled substance. As a condition of 

sale the bidder must submit verification 

of DEA registration. Prior to finalizing 

the sale, you must obtain confirmation 

from DEA of the bidder’s status as a 

registered manufacturer, distributor, or 

dispenser of controlled substances. 

(1) The following statement, or an 

equivalent statement, must be included 

in the sales terms and conditions when 

selling controlled substances: 

The bidder shall complete, sign, and return 

with his/her bid the certificate as contained 

in this invitation. No award will be made or 

sale consummated until after this agency has 

obtained from the Drug Enforcement 

Administration, Department of Justice, 

verification that the bidder is registered to 

manufacture, distribute, or dispense those 

controlled substances which are the subject 

of the award. 

(2) The following certification, or an 

equivalent certification, must be made a 

part of the Invitation for Bid to be 

completed and signed by the bidder and 

returned with the bid. Failure to sign 

the certification may result in the bid 

being rejected as nonresponsive: 

The undersigned bidder certifies that he/ 

she is Registered with the Drug Enforcement 

Administration, Department of Justice, as a 

manufacturer, distributor, or dispenser of the 

controlled substances for which a bid is 

submitted and the registration number is: 

llllllll. 

llllllllllllll 

Name of bidder (print or type) 

llllllllllllll 

Signature of bidder 

llllllllllllll 

Address of bidder (print or type) 

llllllllllllll 

City, State, Zip code 

(d) You must not abandon controlled 

substances. You must destroy controlled 

substances in such a manner as to 

ensure total destruction to preclude any 

further use, and ensure such destruction 

is in compliance with DEA regulations, 

21 CFR 1307.21, or other procedures 

approved by DEA, and coordinate with 

local air and water pollution control 

authorities when required. Destruction 

must be witnessed and certified by two 

employees of your agency. 

The following certification, or an 

equivalent certification, must be used to 

document the destruction of controlled 

substances; 

We, the undersigned, have witnessed the 

destruction of the (controlled substance(s)) 

described herein and in the manner and on 

the date stated herein: 

lllllll lllllll 

Witness Date 

lllllll lllllll 

Witness Date 

§ 102–40.160 How do we handle drugs, 

biologicals, and reagents other than 

controlled substances? 

(a) Drugs, biologicals, and reagents 

other than controlled substances may be 

transferred to another Federal agency for 

official purposes under procedures 

specified in part 102–36 and this 

subchapter B. For donation of drugs, 

biologicals, or reagents other than 

controlled substances, follow the 

procedures in part 102–37 of this 

subchapter B. 

(b) Drugs, biologicals, and reagents 

other than controlled substances must 

be clearly identified when they are unfit 

for human use. As a general rule, you 

must destroy drugs, biologicals, and 

reagents unfit for human use, with 

destruction witnessed and certified by 

two representatives of your agency, and 

coordinated with local air and water 

pollution control authorities, when 

required. However, you may report such 

property to GSA for subsequent transfer 

or donation for the purpose of animal 

experimental use when the property is 

unfit due to expired shelf life. The 

following certification, or an equivalent 


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certification, must be used to document 

the destruction of drugs, biologicals, 

and reagents; 

We, the undersigned, have witnessed the 

destruction of the (drugs, biologicals, and 

reagents) described in the foregoing 

certification in the manner and on the date 

stated herein: 

lllllll lllllll 

Witness Date 

lllllll lllllll 

Witness Date 

(c) The sale of any unexpired drugs, 

biologicals, or reagents must be in 

accordance with rules published by the 

Food and Drug Administration 

(www.fda.gov). You may sell drugs, 

biologicals, and reagents other than 

controlled substances only to those 

entities legally qualified to engage in the 

sale, manufacture, or distribution of 

such items and a certification or 

evidence of licensing must accompany 

the bids. An entity is legally qualified 

when a Federal agency (e.g., the 

Department of Health and Human 

Services, the Drug Enforcement 

Administration, or the Department of 

Agriculture) or State agency having legal 

or regulatory oversight over that 

commodity has approved the entity to 

engage in the designated activity. 

(1) When selling drugs, biologicals, 

and reagents other than controlled 

substances, the following condition of 

sale (or an equivalent condition of sale) 

must be used: 

The bidder shall complete, sign, and return 

with his/her bid the certification as 

contained in this invitation. No award will be 

made or sale consummated until after this 

agency has determined that the bidder is 

legally licensed to engage in the manufacture, 

sale, or distribution of drugs. 

(2) The following certification, or an 

equivalent certification, must be made a 

part of the invitation for bids (and 

contract), to be completed and signed by 

the bidder, and returned with the bid 

with a copy of his/her license. Failure 

to sign the certification may result in the 

bid being rejected as nonresponsive. 

The undersigned bidder certifies that he/ 

she is legally licensed to engage in the 

manufacture, sale, or distribution of drugs, 

and proof of his/her license to deal in such 

materials is furnished with this bid. 

llllllllllllll 

Name of bidder (print or type) 

llllllllllllll 

Signature of bidder 

llllllllllllll 

Address of bidder (print or type) 

llllllllllllll 

City, State, Zip code 

(d) Drugs, biologicals, and reagents 

that are controlled substances are 

subject to the same provisions as 

controlled substances in lieu of the 

provisions in this section. 

§ 102–40.165 How do we handle electronic 

products? 

(a) In accordance with the procedures 

in this section, excess electronic items 

for which radiation safety performance 

standards are prescribed by FDA under 

21 CFR part 1010 must be reported to 

GSA for transfer to Federal agencies in 

accordance with part 102–36 of this 

subchapter B and may be donated or 

sold in accordance with parts 102–37 

and 102–38 of this subchapter B, 

respectively. (See 21 CFR 1000.15 for 

items of electronic items that are 

required to follow radiation safety 

performance standards.) For items not 

meeting safety performance standards, 

excess reports must include a statement 

that the items are not in compliance 

with applicable radiation safety 

performance standards. Sales 

documents must also clearly warn 

purchasers that the items may not be in 

compliance with FDA radiation safety 

performance standards prescribed under 

21 CFR part 1010 and that the purchaser 

assumes all risks associated with the use 

or resale of the items. The following 

type of warning may be placed on the 

sales documentation: 

WARNING 

Purchasers are warned that the item 

purchased herewith may not be in 

compliance with Food and Drug 

Administration radiation safety performance 

standards prescribed under 21 CFR part 

1010, and use may constitute a potential for 

personal injury unless modified. The 

purchaser agrees that the United States shall 

not be liable for personal injuries to, 

disabilities of, or death of the purchaser, the 

purchaser’s employees, or to any other 

persons arising from or incident to the 

purchase of this item, its use, or disposition. 

The purchaser shall hold the United States 

harmless from and shall indemnify the 

United States against any or all debts, 

liabilities, judgments, costs, demands, suits, 

actions, or claims of any nature arising from 

or incident to purchase or resale of this item. 

The purchaser agrees to notify any 

subsequent purchaser of this property of the 

potential for personal injury in using this 

item without a radiation survey to determine 

the acceptability for use and/or modification 

to bring it into compliance with the radiation 

safety performance standard prescribed for 

the item under 21 CFR part 1010. 

(b) In accordance with 21 CFR 

1002.40 and 1002.41 (Dealer and 

Distributor Records), when you sell 

electronic products for which there are 

performance standards (listed in 21 CFR 

part 1010) you must obtain from the 

purchaser and forward to the 

appropriate manufacturer (unless 

authorized by 21 CFR 1002.4 to have the 

dealer or distributor hold and preserve) 

the following information: 

(1) Name and address. 

(2) Product name, to include brand 

name, model number, serial or other 

identification number. 

(3) Date of sale, award, or lease. 

(c) You must dispose of electronic 

equipment in accordance with all 

Federal and State laws, including the 

Solid Waste Disposal Act (42 U.S.C. 

6901, et seq.) and Executive Order 

13101. You should also be aware of the 

prohibitions and liabilities contained in 

42 U.S.C. 9607. 

§ 102–40.170 How do we handle firearms? 

(a) You must submit reports and 

transfer documents on excess firearms 

to GSA (7FP–8), Denver, CO 80225–

0506. GSA will approve transfers of 

firearms only to those Federal agencies 

authorized to acquire firearms for 

official use, and may require additional 

written justification from the requesting 

agency. 

(b) GSA may donate only surplus 

hand guns, rifles, shotguns, and 

individual light automatic weapons 

previously used by the Federal 

Government, with less than .50 caliber 

in Federal Supply Classification (FSC) 

1005, and rifle and shoulder fired 

grenade launchers in FSC 1010, with a 

disposal condition code of 4 or better 

(see condition codes in § 102–36.240 of 

this subchapter B). Only 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, may obtain these 

donated firearms for law enforcement 

purposes. 

(c) For purposes of donation under 

subsection (b) above, each Standard 

Form (SF) 123 must be accompanied by 

a conditional transfer document, signed 

by both the intended donee and the 

State Agency for Surplus Property 

(SASP), that includes the special terms, 

conditions, and restrictions prescribed 

by GSA, and any other required forms 

or information. Restrictions on donated 

firearms are perpetual and may not be 

amended by the SASP without prior 

written approval from GSA. You must 

release or ship donated firearms directly 

to the designated donee. 

(d) When authorized by 

circumstances described in paragraphs 

(e), (f), (g), or (i) of this section, the 

destruction of firearms must be 

performed by an activity authorized by 

your agency head or designee. The 

destruction must be witnessed by two 

additional agency employees authorized 

by the agency head or designee. 

(e) When the approved donee no 

longer needs the donated firearms, the 

donee must notify the SASP. The SASP 


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may, with GSA approval, reassign 

firearms to another donee within the 

State or to a donee in another state 

through the appropriate SASP. In such 

a case, transfer of the firearms must be 

between eligible donees only. No SASP 

is eligible to take custody of the firearm. 

Otherwise, the donee and a 

representative from the SASP, or 

designee, must witness destruction of 

the firearms and complete and sign a 

certificate of destruction, which will be 

maintained by the SASP. 

(f) You must not abandon firearms. 

You must destroy unneeded firearms by 

crushing, cutting, breaking, or 

deforming each firearm in a manner to 

ensure that each firearm is rendered 

completely inoperative. Destruction of 

firearms must be performed as stated in 

paragraph (d). 

(g) You must not dispose of firearms 

under an exchange/sale transaction or 

by sale. Surplus firearms may be sold 

only for scrap after total destruction as 

described in (f) above to ensure that the 

firearms are rendered completely 

inoperative and to preclude their being 

made operative. Such sale shall be 

conducted under part 102–38 of this 

subchapter B. 

(h) Firearms received as foreign gifts 

may be offered for transfer to Federal 

agencies or sold to the gift recipient in 

accordance with part 102–42 of this 

subchapter B. 

(i) Firearms that are forfeited, 

voluntarily abandoned, or unclaimed as 

described in 40 U.S.C. 1306 and 40 USC 

552, must be reported to GSA for 

disposal in accordance with § 102–

41.195 of this subchapter B. The GSA 

will direct the disposition of these 

firearms under this section. 

§ 102–40.175 How do we handle hazardous 

materials? 

(a) You may use any of the following 

methods for the identification of 

hazardous materials: 

(1) As part of the process under 

current acquisition standards, 

manufacturers must provide MSDSs to 

document potential hazards. MSDSs are 

also prescribed by OSHA under 29 CFR 

part 1910 and Executive Order 12196 

paragraph 1–602(c), Occupational Safety 

and Health Programs for Federal 

Employees (February 26, 1980). 

(2) An automated database 

maintained by GSA Federal Supply 

Service contains MSDS for all GSAprocured hazardous materials. To 

request an MSDS, you may send an 

e-mail to MSDS@gsa.gov, or call, Toll 

Free: 866–588–7659, DSN: 465–5097, or 

Commercial: 816–926–5097. 

(3) A collection of MSDS information 

in DOD’s Hazardous Materials 

Information System (HMIS) provides 

transportation and disposal information. 

(4) Appendix A to this part contains 

a list of the Federal Supply 

Classification (FSC) classes of property 

that are composed predominantly of 

hazardous items. 

(5) When information is not available 

under paragraphs (a)(1), (a)(2), (a)(3), or 

(a)(4) of this section, contact the 

manufacturer, the procuring agency, or 

your technical staff for assistance in 

obtaining the MSDS information. 

(b) You must verify items with an 

expired shelf life or reclassify them as 

hazardous wastes when required by 

Federal, State, or local environmental 

laws or regulations. 

(c) For transportation of hazardous 

materials, see 49 CFR parts 171 through 

180. 

(d) For disposal of hazardous 

materials, see §§ 102–40.50 through 

102–40.120. 

(e) Unless authorized by GSA, 

extremely hazardous property may not 

be sold unless it is rendered innocuous, 

mutilated, or otherwise made safe. You 

should, however, render such property 

innocuous in a manner so as to preserve 

the maximum utility or commercial 

value of the property when possible. 

§ 102–40.180 How do we handle leadcontaining paints and items bearing leadcontaining paint? 

(a) You may transfer, donate, or sell 

such items in compliance with 

requirements found in the Consumer 

Product Safety Commission regulations 

set forth in 16 CFR part 1303. You must 

not abandon banned items or their 

containers. You must destroy them. Any 

removal (stripping) of lead paint 

incident to disposal must be 

accomplished in conformance with 

Federal regulations and industry 

guidelines such as those promulgated by 

the EPA (http://www.epa.gov) or OSHA 

(http://www.osha.gov). 

(b) If disposal of the items described 

in paragraph (a) is allowable, the 

following must be placed on the items: 

(1) The following warning: 

WARNING 

Contains Lead. Dried Film of This Paint 

May be Harmful If Eaten or Chewed. 

(2) The following additional statement 

or its practical equivalent on their 

labels: 

Do not apply on toys and other children’s 

articles, furniture, or interior surfaces of any 

dwelling or facility which may be occupied 

or used by children. Do not apply on exterior 

surfaces of dwelling units, such as window 

sills, porches, stairs, or railings, to which 

children may be commonly exposed. 

Keep Out of Reach of Children 

(c) Donation documentation 

(including the Standard Form 123) must 

contain the following certification, or an 

equivalent certification: 

The property requested herein shall be 

used only as specified in 16 CFR 1303.3 and 

in no case shall be in contact with children. 

I, the undersigned, agree the United States 

shall not be liable for personal injuries to, 

disabilities of, or death of the donee’s 

employees, or any other person arising from 

or incident to the donation of this property, 

its use, or its final disposition; and to hold 

the United States harmless from and shall 

indemnify the United States against any or 

all debts, liabilities, judgments, costs, 

demands, suits, actions or claims of any 

nature arising from or incident to the 

donation of this property, its use, or its final 

disposition. 

llllllllllllll 

Name of donee (print or type) 

llllllllllllll 

Signature of donee 

(d) When selling lead-containing 

paint or items bearing lead-containing 

paint, the sales terms and sales 

documentation must include this 

certification, or an equivalent 

certification. Failure to sign the 

certification where it appears as a sales 

term may result in the bid being rejected 

as nonresponsive: 

I, the undersigned,certify that I have read 

and fully comprehend the aforementioned 

terms and conditions of this sale. I shall 

comply with the applicable Consumer 

Product Safety Commission regulations set 

forth in 16 CFR part 1303 if I am the 

successful bidder. I further agree the United 

States shall not be liable for personal injuries 

to, disabilities of, or death of any persons 

arising from or incident to the sale of this 

property, its uses, or its final disposition; and 

to hold the United States harmless from and 

shall indemnify the United States against any 

or all debts, liabilities, judgments, costs, 

demands, suits, actions, or claims of any 

nature arising from or incident to the sale of 

this property, its use, or its final disposition. 

llllllllllllll 

Name of bidder (print or type) 

llllllllllllll 

Signature of bidder 

§ 102–40.185 How do we handle medical 

devices? 

(a) Medical devices are subject to the 

laws and regulations administered by 

FDA. Provisions of the governing 

statute, the Federal Food, Drug and 

Cosmetic Act, appear in 21 U.S.C. 301–

399. In summary, the Act prohibits the 

movement in interstate commerce of 

medical devices that are adulterated or 

misbranded (21 U.S.C. 351–352). The 

Act authorizes FDA to initiate criminal 

enforcement proceedings against 

companies and/or individuals 

responsible for violations of its 

provisions, and to initiate civil 

proceedings to seize or enjoin the 

distribution of such items. 


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(b) Prescription devices are subject to 

additional Federal, State, local, and 

other applicable laws. Federal law 

requires that prescription devices be in 

the possession of either: persons 

lawfully engaged in the manufacture, 

transportation, storage, or wholesale or 

retail distribution of such device; or, 

practitioners licensed by their States. 

Federal law also requires that 

prescription devices be sold only to, or 

on the prescription or order of, a 

licensed practitioner for use in the 

course of his or her professional 

practice, and that the devices are 

labeled in a specific manner. 

(c) Non-Federal recipients must 

certify in writing that such property will 

be used, resold or transported in 

conformance with FDA regulations. Any 

proposed destruction of medical 

equipment must be coordinated with 

local health and sanitation officials. 

§ 102–40.190 How do we handle Munitions 

List Items (MLIs)? 

(a) Munitions List Items (MLIs) are 

listed in 22 CFR part 121. A system of 

demilitarization codes identifies the 

extent of alteration or destruction 

necessary when transferring or selling 

MLIs. The appropriate code is normally 

assigned to items when they enter the 

DOD supply system. These items may 

require demilitarization when issued to 

any non-DOD entity, and will require 

Department of State approval and 

appropriate licensing when exported 

from the U.S. Refer to DOD 4160.21–M–

1 (Change No. 1) for a complete 

description of the program and the 

requirements to be followed. The 

manual is available from the Defense 

Logistics Agency, 8725 John J. Kingman 

Road, Fort Belvoir, VA 22060; or 

electronically at http://www.dla.mil/ 

dlaps/dod/416021m/guide.asp. 

(b) When disposing of MLIs, you must 

perpetuate these demilitarization codes; 

alert those to whom you are transferring 

or selling property that the item may 

require demilitarization; and perform 

any required demilitarization, or 

provide any documentation or 

certifications in accordance with the 

DOD demilitarization manual, DOD 

4160.21–M–1 (Change No. 1). 

§ 102–40.195 How do we handle 

Commerce Control List Items (CCLIs)? 

(a) Commerce Control List Items 

(CCLIs) are subject to the controls of 15 

CFR parts 738 and 774. Export licenses 

are required for transfer of items to the 

countries listed in 15 CFR part 738, 

Supp. No. 1. CCLIs may also be 

identified by the demilitarization code 

assigned to the item in the DOD supply 

system. 

(b) When disposing of CCLIs, you 

must notify the recipient that the item, 

may be subject to Department of 

Commerce export licensing 

requirements when transported out of 

the U.S., for reasons of national security, 

crime control, technology transfer and 

scarcity of materials. Furthermore: 

(1) The recipient must be notified that 

this notification must pass to all 

subsequent recipients of the item. 

(2) When being sold, completed enduse certificates are required of all 

offerors or bidders. An end-use 

certificate is a statement signed by a 

prospective recipient indicating the 

intended designation and disposition of 

CCLIs to be acquired, and 

acknowledging U.S. export licensing 

requirements. 

(3) All disposal activity must conform 

to the requirements of 15 CFR parts 730 

through 774. 

§ 102–40.200 How do we handle national 

stockpile material? 

In accordance with 40 U.S.C. 

113(e)(6), materials acquired for the 

national stockpile, the supplemental 

stockpile, or materials or equipment 

acquired under section 303 of the 

Defense Production Act of 1950, as 

amended (50 U.S.C. App. 2093), are not 

covered by the Federal Management 

Regulation. The policy covering the 

disposal of these assets is found at 50 

U.S.C. 98d and 98e. 

§ 102–40.205 How do we handle Nuclear 

Regulatory Commission-controlled 

materials? 

The Nuclear Regulatory Commission 

(NRC) has exclusive control over 

licensing, use, transfer, and disposition 

of NRC-controlled materials (see 

Chapter 1 of 10 CFR). Direct all 

inquiries to the U.S. Nuclear Regulatory 

Commission, Washington, DC 20555. 

§ 102–40.210 How do we handle ozone 

depleting substances? 

The Clean Air Act, as amended (42 

U.S.C. Subchapter VI) requires certain 

substances which have destructive 

effects on the ozone layer not be vented 

to the environment and be phased out 

from production and use over an 

extended period of time. An overview of 

laws and regulations covering the use 

and disposal of ozone depleting 

substances can be found at the EPA 

website: www.epa.gov/ozone. 

§ 102–40.215 How do we handle 

polychlorinated biphenyls (PCBs)? 

(a) In accordance with EPA 

regulations (40 CFR 761.1 and 

761.3),property defined by EPA as 

excluded polychlorinated biphenyl 

(PCB) products may be transferred, 

donated, or sold in accordance with 

parts 102–36, 102–37, or 102–38 of this 

subchapter B. For additional guidance 

on PCB classifications and other Federal 

restrictions, contact: Director, National 

Program Chemicals Division (NPCD), 

(7404), Office of Pollution Prevention 

and Toxics, 1200 Pennsylvania Avenue, 

NW., Washington, DC or visit the EPA’s 

website at: http://www.epa.gov/ 

epahome/lawregs.htm. You should also 

contact State regulatory agencies since 

some States regulate at a stricter level 

than the Federal Government. 

(b) Property defined by the EPA in 40 

CFR 761.3 as either a PCB item or PCB 

must be labeled or marked with a 

warning statement that the item 

contains PCB and must be handled and 

disposed of in accordance with EPA 

regulations (40 CFR part 761), 

Department of Transportation (DOT) 

regulations (49 CFR parts 171 through 

180), and applicable State laws. 

(1) PCB items and PCBs may be 

transferred or donated, provided: 

(i) The items are intact, non-leaking, 

and totally enclosed. 

(ii) The recipient provides to you the 

specific authorization covering the use 

of this item from 40 CFR part 761 

(iii) The recipient certifies to you that 

the item will be handled and disposed 

of in accordance with EPA regulation 40 

CFR part 761, DOT regulation 49 CFR 

parts 171 through 180, and applicable 

Federal and State laws. 

(2) PCB and PCB items not transferred 

or donated must be disposed of under 

EPA regulations. You must not sell any 

PCB or PCB item unless 40 CFR part 761 

authorizes the sale and continued use of 

the specific item. 

(c) You must not transfer, donate, or 

sell items with an unknown level of 

concentrations of PCBs. 

(d) Property containing PCBs and PCB 

items should be labeled with a warning 

such as the following: 

Caution— This item contains PCBs (polychlorinated biphenyls), a toxic 

environmental contaminant requiring special 

handling and disposal in accordance with the 

U.S. Environmental Protection Agency 

regulation (40 CFR part 761), applicable State 

laws, and 41 CFR 102–40.215. For proper 

disposal information, contact the nearest EPA 

office. For transportation requirements, see 

49 CFR parts 171 through 180. 

(e) The State Agencies for Surplus 

Property must have the following 

certification, or an equivalent 

certification, on all transfer paperwork 

where PCBs are involved. 

WARNING AND CERTIFICATION 

The undersigned donee is aware that the 

item(s) listed as containing polycholorinated 

biphenyls (PCBs), a toxic environmental 

contaminant, require(s) special handling and 


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disposal in accordance with U.S. 

Environmental Protection Agency regulation 

(40 CFR part 761) and U.S. Department of 

Transportation regulations codified in 49 

CFR parts 171 through 180. The donee 

certifies that this item (or these items) will 

be handled and disposed of in accordance 

with applicable Federal statutes and 

regulations and applicable State laws. 

llllllllllllll 

Name of donee (print or type) 

llllllllllllll 

Signature of donee 

§ 102–40.220 How do we handle precious 

metals? 

(a) You must identify activities in 

your organization that generate precious 

metals; recover precious metals created 

from work processes, such as 

photographic film developing, and 

identify equipment or materials 

containing recoverable precious metals; 

and adequately control precious metals 

in your custody. You may contact the 

Defense Logistics Service Center if you 

wish to participate in the DOD precious 

metals recovery program. You may 

acquire recovered fine precious metals 

as Government Furnished Material or 

for other authorized uses by submitting 

a request to the Commander, Defense 

Industrial Supply Center (DISC), 

Attention: DISC-OIBA/YC, 700 Robbins 

Avenue, Philadelphia, Pennsylvania 

19111–5096. 

(b) Gold will be sold in accordance 

with this subpart and part 102–38 of the 

Federal Management Regulation. 

(c) Sales of gold will be processed as 

follows: 

(1) Use the sealed bid method of sale; 

(2) Require a 20 percent bid deposit; 

(3) Certify all forms of bid deposit and 

payments; and 

(4) Include in the invitation for bids 

only gold and such other precious and 

semiprecious materials as may be 

available for sale at that time. 

§ 102–40.225 How do we handle vehicles 

not suitable for highway use? 

Some Government-owned vehicles 

might receive such extensive damage as 

a result of an accident, event, or other 

activity that makes them no longer 

suitable for donation or sale for highway 

use. Such vehicles may only be donated 

or sold for salvage or scrap. Prior to 

disposal of damaged vehicles, you must 

evaluate known damage to determine 

their suitability for continued highway 

use. When a determination is made that 

a vehicle is unfit for continued highway 

use, you must include such information 

in the property record and subsequent 

reports. When selling such vehicles, 

provide an appropriate warning 

statement in the solicitation regarding 

vehicle condition that the vehicle 

cannot be titled for highway use. Use 

Standard Form 97A, Certificate to 

Obtain a Non-Repairable or Salvage 

Certificate when donating or selling 

vehicles not suitable for highway use. 

See FMR 102–34.315 if the vehicle is 

not designed or not legal for operation 

on highways. 

Appendix A—Federal Supply 

Classification (FSC) Composed 

Predominantly of Hazardous Items 

FSC Nomenclature 

6810 Chemicals 

6820 Dyes 

6830 Gases: Compressed & liquefied 

6840 Pest control agents & disinfectants 

6850 Misc. chemical specialties 

7930 Cleaning & polishing compounds & 

preparations 

8010 Paints, dopes, varnishes, & related 

products 

8030 Preservative & sealing compounds 

8040 Adhesives 

9110 Fuels, solid 

9130 Liquid propellants & fuels, petroleum case 

9135 Liquid propellant fuels & oxidizers, 

chemical base 

9140 Fuel oils 

9150 Oils & greases: cutting, lubricating, 

& hydraulic 

9160 Misc. waxes, oils, & fats 

Appendix B—Federal Supply Classes 

and Groups Which Contain a 

Significant Number of Hazardous Items 

Note: If an item is determined to be 

hazardous material as defined in § 102–40.30, 

a Material Safety Data Sheet (or equivalent) 

should accompany the item even though the 

Federal Supply Class or Group is not listed 

in this table. 

Federal 

Supply 

Class/Group 

Title Examples of Hazardous materials requiring identification 

1370 ........... Pyrotechnics .......................................................................... Warning fuse, fire starter

1375 ........... Demolition materials .............................................................. Explosive device 

2520 ........... Vehicular power transmission components ........................... Items containing asbestos transmission components 

2530 ........... Vehicular brake, steering, axle, wheel, and track components.Items containing asbestos 

2540 ........... Vehicular furniture and accessories ...................................... Items containing asbestos 

2640 ........... Tire rebuilding and tire and tube repair materials ................. Items containing flammable or toxic compounds

Group 28 .... Engines, turbines, and components ...................................... Engine valves containing metallic sodium 

Group 29 .... Engine accessories ............................................................... Engine valves containing metallic sodium 

Group 30 .... Mechanical power transmission equipment .......................... Equipment containing hazardous hydraulic fluid including PCBs 

Group 34 .... Metalworking machinery ........................................................ Equipment containing hazardous hydraulic fluids including PCBs 

3433 ........... Gas welding, heat cutting, and metalizing equipment .......... Compressed gases 

3439 ........... Miscellaneous welding, soldering and brazing supplies and 

accessories.

Hazardous items such as cleaners, acids, flux and supplies that 

contain or produce hazardous fumes 

3610 ........... Printing, duplication, and bookbinding equipment ................ Flammable or toxic lithographic solutions 

3655 ........... Gas generating and dispensing systems, fixed or mobile .... Items that produce hazardous fumes 

3680 ........... Foundry machinery, related equipment and supplies ........... Flammable or toxic casting compounds 

4240 ........... Safety and rescue equipment ............................................... Items which involve oxygen, or compressed gases, or contain 

emitting charges 

5610 ........... Mineral construction materials, bulk ...................................... Hazardous items such as cutback asphalt, deck and floor covering, deck and surface underlay compound, sealing compound, flight deck compound 

5660 ........... Wallboard, building paper, and thermal insulation materials Asbestos cloth which has loose fibers or particles that may become airborne and materials containing formaldehyde 

5820 ........... Radio and television communication equipment, except airborne.Circuit cooler items that contain gases that are regarded as hazardous to the earth’s ozone layer 

5835 ........... Sound recording and reproducing equipment ....................... Recording tape cleaners that contain hazardous cleaning fluids 

5910 ........... Capacitors .............................................................................. Items that contain polychlorinated biphenyls (PCBS) or sulfuric 

acid 

5915 ........... Filters and networks .............................................................. Items that contain polychlorinated biphenyls (PCBs) 


rwilkins on PROD1PC63 with PROPOSALS
25734 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Proposed Rules 

Federal 

Supply 

Class/Group 

Title Examples of Hazardous materials requiring identification 

5920 ........... Fuses and lighting arresters .................................................. Items containing radioactive material 

5925 ........... Circuit breakers ..................................................................... Items containing radioactive material 

5930 ........... Switches ................................................................................ Items containing radioactive material 

5935 ........... Connectors, electrical ............................................................ Kits that contain flammable chemicals 

5950 ........... Coils and transformers .......................................................... Items containing polychlorinated biphenyls (PCBs) 

5960 ........... Electron tubes and associated hardware .............................. Tubes which contain radioactive isotopes and require warning labels and magnetron tubes which require special precautions 

when being prepared for air shipment 

5965 ........... Headsets, handsets, microphones, and speakers ................ Items containing magnetic material 

5970 ........... Electrical insulators and insulating materials ........................ Items containing flammable solvents 

5975 ........... Electrical hardware and supplies .......................................... Items containing asbestos 

5985 ........... Antennas, waveguides, and related equipment .................... Kits that contain flammable chemicals 

5999 ........... Miscellaneous electrical and oxide electronic components .. Contact plates that contain beryllium 

Group 61 .... Electric wire and power and distribution equipment ............. Power factor capacitors containing PCBs 

6120 ........... Transformers: Distribution and power station ....................... Transformers containing PCBs 

6135 ........... Batteries, primary .................................................................. Lead-acid, lithium and mercury batteries and alkaline (with electrolyte) 

6140 ........... Batteries, secondary .............................................................. Items that are wet or moist containing corrosive or other hazardous compounds 

6145 ........... Wire and cable, electrical ...................................................... Insulated wire containing asbestos 

6220 ........... Electric vehicular lights and fixtures ...................................... Items that contain mercury 

6230 ........... Electric portable and hand lighting equipment ...................... Items that contain wet batteries 

6240 ........... Electric lamps ........................................................................ Items that contain mercury

6260 ........... Nonelectrical lighting fixtures ................................................. Items that contain mercury 

6350 ........... Miscellaneous signal and security detection systems .......... Items that contain wet batteries or radioactive material 

6505 ........... Drugs, biologicals and official reagents ................................ Hazardous items as defined in Sec. 102–40.30 

6508 ........... Medicated cosmetics and toiletries ....................................... Hazardous items as defined in Sec. 102–40.30, subject to DOT 

Hazardous Materials Regulations 

6510 ........... Surgical dressing materials ................................................... Items containing flammable solvents 

6520 ........... Dental instruments, equipment, and supplies ....................... Items containing flammable solvents, mercury, or asbestos 

6525 ........... X-ray equipment and supplies: medical, dental, veterinary .. Items containing hazardous chemicals, solvents 

6625 ........... Electrical and electronic properties measuring and testing 

instruments.

Items containing radioactive materials 

6640 ........... Laboratory equipment and supplies ...................................... Items containing flammable compounds, mercury, or asbestos 

6685 ........... Pressure, temperature, and humidity and measuring and 

controlling instruments.

Items containing mercury or compressed gases 

6740 ........... Photographic .......................................................................... Items containing radioactive compounds 

6750 ........... Photographic supplies ........................................................... Items containing hazardous chemicals, solvents, thinners, and 

cements 

6780 ........... Photographic sets, kits and outfits ........................................ Items containing hazardous chemicals, solvents, thinners, and 

cements 

7360 ........... Sets, kits, and outfits; food preparation and serving ............ Items containing compressed gasses such as fire extinguishers 

7510 ........... Office supplies ....................................................................... Hazardous items, such as thinners, cleaning fluids, flammable 

inks, and varnishes 

8405 ........... Outerwear, men’s .................................................................. Maintenance kits containing flammable solvents 

8410 ........... Outerwear, women’s .............................................................. Maintenance kits containing flammable solvents 

8415 ........... Clothing, special purpose ...................................................... Maintenance kits containing flammable solvents 

8465 ........... Individual equipment .............................................................. Maintenance kits containing flammable solvents 

8510 ........... Perfumes, toilet preparations, and powders ......................... Shipping containers, and pressurized containers with flammable 

or nonflammable propellants 

8520 ........... Toilet soap, shaving preparations, and dentifrices ............... Shipping containers, and pressurized containers with flammable 

or nonflammable propellants 

8720 ........... Fertilizers ............................................................................... Items containing weed and pest control or other harmful ingredients or because of their composition, are hazardous 

9390 ........... Miscellaneous fabricated nonmetallic materials .................... Items containing flammable solvents or asbestos 

9920 ........... Smokers’ articles and matches ............................................. Lighter fuel and matches only 

9930 ........... Memorials; cemeteries and mortuary equipment and supplies.Items containing formaldehyde or its solutions 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Proposed Rules 25735 

[FR Doc. E7–8670 Filed 5–4–07; 8:45 am] 

BILLING CODE 6820–14–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[I.D. 042307E] 

Mid-Atlantic Fishery Management 

Council; Public Hearings; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public hearings; 

correction. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council will hold hearings 

to allow for public input on 

Amendment 9 to the Fishery 

Management Plan for the Atlantic 

Mackerel, Squid, and Butterfish Fishery 

(FMP). 

DATES: Written comments will be 

accepted until May 27, 2007. All 

meetings begin at 7 p.m. 

ADDRESSES: Comments may be 

submitted through any of the following 

methods: 

• Mail: Daniel T. Furlong, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Room 2115 

Federal Building, 300 South New Street, 

Dover, Delaware 19904. 

• FAX: 302–674–5399. 

• E-mail: info@mafmc.org. Please 

indicate the subject as SMB 9 

Comments. 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Daniel T. Furlong, Executive Director, 

Mid-Atlantic Fishery Management 

Council, Room 2115 Federal Building, 

300 South New Street, Dover, Delaware 

19904, 302–674–2331, ext. 19. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On April 30, 2007, a document 

announcing public hearings on 

Amendment 9 to the Fishery 

Management Plan for Atlantic Mackerel, 

Squid, and Butterfish Fishery (FMP) 

was published (FR Doc. E7–8197). That 

document incorrectly listed the meeting 

times for the hearings. This document 

corrects the meeting times see DATES

section. All other information remains 

unchanged and will not be repeated in 

this correction. 

Dated: May 1, 2007. 

Tracey Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–8575 Filed 5–4–07; 8:45 am] 

BILLING CODE 3510–22–S 


rwilkins on PROD1PC63 with PROPOSALS