[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Rules and Regulations]
[Pages 7352-7368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02538]



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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 101-42, 101-45, and 102-40

[FMR Change-2015-01; FPMR Case 2003-101-1; FMR Case 2003-102-4; Docket 
2007-0001; Sequence 6]
RIN 3090-AH21


Federal Management Regulation; Utilization and Disposition of 
Personal Property With Special Handling Requirements

AGENCY: Office of Government-wide Policy, General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: GSA is amending the Federal Property Management Regulations 
(FPMR) by revising coverage regarding hazardous materials and certain 
categories of personal property, removing existing regulatory 
provisions from the FPMR, and moving coverage into the Federal 
Management Regulation (FMR). Upon issuance of this final rule, the FMR 
will address all types of personal property requiring special handling. 
A cross-reference is added to the FPMR to direct readers to the 
coverage in the FMR.

DATES: Effective: This final rule is effective February 10, 2015.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, 1800 F 
Street NW., Washington, DC 20405, at (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Robert Holcombe, Director, Personal Property Policy 
(MAD), at (202) 501-3828. Please cite FPMR Case 2003-101-1.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule updates, streamlines, and clarifies content 
currently in FPMR part 101-42 and moves it into the FMR as part 102-40. 
This final rule also removes FPMR sections 101-45.001, 101-45.002, and 
101-45.004. The subject matter of these sections is addressed in FMR 
sections 102-40.195 (disposal of items requiring demilitarization); 
102-40.50 (handling of property reported to GSA so as to preserve 
civilian utility as far as possible); 102-40.225 (disposal of precious 
metals); and 102-40.140 (disposal of all-terrain vehicles (ATV)).
    In addition, this final rule removes FPMR section 101-45.003 
regarding vehicle reconditioning. This section contains provisions that 
the Federal fleet community considers standard business practices, and 
is more prescriptive of specific tasks than is intended by this 
Governmentwide regulation.
    The final 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 regulation.
    The amended FMR part 102-40 includes the following specific changes 
from FPMR part 101-42:
    1. Section 102-40.30 revises definitions previously included in 
FPMR part 101-42, and includes the following terms and definitions not 
found in section 101-42.001:

(a) Ammunition
(b) Ammunition Components
(c) Commerce Control List Item (CCLI)
(d) Demilitarization
(e) Electronic Product
(f) Safety Data Sheet (SDS)
(g) Medical device
(h) Munitions List Item
(i) Perishable
(j) Precious metals
(k) Radiation Safety Performance Standards
(l) Universal Waste(s)

    2. Section 102-40.55 introduces the requirements for the disposal 
of perishables.
    3. Section 102-40.100 revises and replaces FPMR section 101-42.401, 
Sales responsibilities for hazardous material, by allowing agencies to 
sell property with special handling requirements through Sales Centers.
    4. Section 102-40.140 updates the policy on disposal of all-terrain 
vehicles (ATVs) and includes a certification statement to be used when 
donating ATVs.
    5. Section 102-40.145 includes the topic of disposal of ammunition. 
The disposition of ammunition and ammunition components are combined in 
new part 102-40. The policy contained in part 102-40 allows for the 
sale of non-expended ammunition and ammunition components (both 
expended and non-expended) only to companies licensed to perform 
manufacturing/remanufacturing, or companies allowed to recover basic 
material content of the ammunition or ammunition components in 
accordance with Federal, state, and local laws and regulations. In 
addition to being sold as just described, expended ammunition cartridge 
cases may also be transferred or donated when the recipient certifies 
that the cartridge case will be reloaded and used only for law 
enforcement purposes.
    6. Section 102-40.150 provides the requirements for handling live 
animals and plants. Live animals and plants should be reported to GSA 
for transfer, donation, or sale, except when specific exceptions apply.
    7. Section 102-40.165 is revised to remove obsolete requirements 
for a letter of clearance by the Food and Drug Administration (FDA) for 
the donation of surplus drugs, biologicals, and reagents to the state 
agency or designated donee and removing the requirement for the state 
agency or designated donee to obtain samples of surplus drugs, 
biologicals, and reagents from the holding agency for laboratory 
examination by the FDA.
    8. Section 102-40.175 is revised to align policy on the disposal of 
surplus firearms with policy contained in part 102-36, where GSA may 
donate certain classes of surplus firearms to state and local 
government activities whose primary function is the enforcement of 
applicable Federal, state, and/or local laws whose compensated law 
enforcement officers have the authority to apprehend and arrest. It 
also aligns with the Bureau of Alcohol, Tobacco, Firearms and 
Explosives' (ATF) policy for the disposal of firearms subject to the 
National Firearms Act. The definition of ``firearm'' in Section 102-
40.30 was revised to reflect the definition in 18 U.S.C. 921(a).
    9. Section 102-40.190 has procedures for the disposal of medical 
devices. Medical devices are subject to the laws and regulations 
administered by the FDA.
    10. Section 102-40.200 has special requirements for handling 
Commerce Control List Items.
    11. Section 102.40-205 provides guidance on where to find 
procedures for handling national stockpile material. Materials acquired 
for the national stockpile, the supplemental stockpile, or material or 
equipment acquired under Section 303 of the Defense Production Act of 
1950, as amended, are not covered by the FMR.
    12. Section 102-40.215 provides the provision for handling ozone 
depleting substances (ODSs). An overview of laws and regulations 
covering the use and disposal of ODSs is found at the Environmental 
Protection Agency (EPA) Web site.
    13. Section 102-40.225 includes a revision to the policy regarding 
the sale of precious metals. The policy requiring precious metals to be 
sold only under a sealed bid sale has been removed, and

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the language to require a bid deposit has been relaxed to remove 
prescriptive restrictions.
    14. Section 102-40.230 provides for the handling of universal 
wastes (UW). An overview of the laws and regulations covering the use 
and disposal of UWs is found at the EPA Web site (http://www.epa.gov/wastes/hazard/wastetypes/universal/).
    15. Section 102.40-235 prescribes the policy for the disposal of 
Government-owned vehicles not suitable for highway use. Such vehicles 
may only be disposed of as salvage or scrap, either by donation or 
sale.
    16. Part 102-40 also 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 sections 102-40.195 (disposal 
of items requiring demilitarization); 102-40.50 (handling of property 
reported to GSA so as to preserve civilian utility as far as possible); 
102-40.225 (disposal of precious metals); and 102-40.140 (disposal of 
ATVs).
    Governmentwide regulations that migrate from the FPMR to the FMR 
are intended to be less prescriptive. For part 102-40, that means that 
the ``how'' of a task may not be specified in any detail, unless the 
specific task is critical for safety, security or the protection of the 
environment.
    A proposed rule was published in the Federal Register on May 7, 
2007 (72 FR 25723), to allow public comment for a period of 30 days. 
There were seven responses to this proposed rule, many of which had 
multiple comments and/or suggestions. All comments from agencies were 
included in this final rule. Comments include: A better description of 
how to dispose of ODSs (section 102-40.215 was updated); a 
clarification as to how this final rule relates to the revision of FMR 
part 102-38 regarding sale of Federal assets (section 102-40.100 was 
updated); an updated and more definitive policy related to the disposal 
of electronic products (a definition was added to section 102-40.30, 
and in section 102-40.170, the policy was strengthened); and a 
clarification regarding the disposal of spent ammunition cartridges 
(section 102-40.145 was updated). In addition, since the publication of 
the proposed rule, GSA continued its internal review which prompted 
additional changes that help to clarify policy or ensure the policy 
contained in this final rule is clear and consistent with other Federal 
law and regulations, and the policies contained in the current FPMR. 
Official comments may be viewed at www.regulations.gov.

B. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This final rule is not a significant regulatory action, and therefore, 
was not subject to review under Section 6(b) of E.O. 12866, Regulatory 
Planning and Review, dated September 30, 1993. This rule is not a major 
rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

    This final rule will not have a significant economic impact on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This final rule is 
also exempt from the Administrative Procedure Act per 5 U.S.C. 
553(a)(2) because it applies to agency management and public property.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this 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 under 5 U.S.C. 
801 since it does not substantially affect the rights or obligations of 
non-agency parties.

List of Subjects in 41 CFR Parts 101-42, 101-45, and 102-40

    Government property management.

    Dated: January 28, 2015.
Dan Tangherlini,
Administrator of General Services.
    For the reasons set forth in the Preamble, GSA amends 41 CFR 
chapters 101 and 102 as follows:

CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

PART 101-42--DISPOSITION OF PERSONAL PROPERTY WITH SPECIAL HANDLING 
REQUIREMENTS

0
1. Revise the citation authority for part 101-42 to read as follows:

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


0
2. Revise the heading for part 101-42 as set forth above.


0
3. Revise Sec.  101-42.000 to read as follows:


Sec.  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 102-40 (41 CFR part 102-40), Disposition of Personal Property 
With Special Handling Requirements.

PART 101-45--SALE, ABANDONMENT, OR DESTRUCTION OF PERSONAL PROPERTY

0
4. The authority citation for part 101-45 continues to read as follows:

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


0
5. Amend Sec.  101-45.000 by adding a second sentence to the paragraph 
text to read as follows:


Sec.  101-45.000  Cross-reference to the Federal Management Regulation 
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    * * * For information on demilitarization and decontamination; 
gold; and all-terrain vehicles previously contained in this part see 
FMR part 102-40 (41 CFR part 102-40).


Sec.  101-45.003  [Removed]

0
6. Section 101-45.003 is removed.

CHAPTER 102--FEDERAL MANAGEMENT REGULATIONS

SUBCHAPTER B--PERSONAL PROPERTY

0
7. Part 102-40 is added to subchapter B of chapter 102 to read as 
follows:

PART 102-40--UTILIZATION AND 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?

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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 May we reassign hazardous materials?
102-40.65 Who is responsible for the custody of hazardous materials 
and property requiring special handling?
102-40.70 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
102-40.75 What must we do when reporting excess personal property 
with special handling requirements?
102-40.80 Is personal property requiring special handling available 
for transfer or donation?
102-40.85 Is donee certification required for the donation of 
personal property requiring special handling?
102-40.90 Must we establish additional requirements for the 
inspection of personal property with special handling requirements?
102-40.95 Who pays for the costs incident to the transfer of 
personal property with special handling requirements?
Subpart D--Sale of Personal Property With Special Handling Requirements
102-40.100 May we sell personal property with special handling 
requirements?
102-40.105 May we use any sales method to sell personal property 
that requires special handling?
102-40.110 What must we include in the sales terms and conditions 
when selling personal property with special handling requirements?
102-40.115 Are certifications required from the purchaser when 
selling personal property with special handling requirements?
102-40.120 What precautions must we take during the sales process 
for personal property requiring special handling?
102-40.125 May we dispose of personal property requiring special 
handling by abandonment or destruction?
Subpart E--Categories of Personal Property With Special Handling 
Requirements
102-40.130 What categories of personal property require special 
handling?
102-40.135 How do we manage acid-contaminated and explosive-
contaminated property?
102-40.140 How do we handle all-terrain vehicles (ATVs)?
102-40.145 How do we handle ammunition and ammunition components?
102-40.150 How do we handle animals and plants?
102-40.155 How do we handle asbestos?
102-40.160 How do we handle controlled substances?
102-40.165 How do we handle drugs, biologicals, and reagents other 
than controlled substances?
102-40.170 How do we handle electronic products?
102-40.175 How do we handle firearms?
102-40.180 How do we handle hazardous materials?
102-40.185 How do we handle lead-containing paints and items bearing 
lead-containing paint?
102-40.190 How do we handle medical devices?
102-40.195 How do we handle Munitions List Items (MLIs)?
102-40.200 How do we handle Commerce Control List Items (CCLIs)?
102-40.205 How do we handle national stockpile material?
102-40.210 How do we handle Nuclear Regulatory Commission-controlled 
materials?
102-40.215 How do we handle ozone depleting substances (ODSs)?
102-40.220 How do we handle polychlorinated biphenyls (PCBs)?
102-40.225 How do we handle precious metals?
102-40.230 How do we handle universal waste(s) (UWs)?
102-40.235 How do we handle motor vehicles not suitable for highway 
use?

Appendix A to Part 102-40--Federal Supply Classes (FSC) Composed 
Predominantly of Hazardous Items
Appendix B to Part 102-40--Federal Supply Classes and Groups Which 
Contain a Significant Number of Hazardous Items

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

Subpart A--General Provisions


Sec.  102-40.5  What does this part cover?

    This part provides guidance regarding the utilization, transfer, 
donation, sale, and other disposal of Government personal property with 
special handling requirements (i.e., hazardous materials, dangerous 
property, etc.) 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 regarding the disposal of personal 
property located outside of these areas, see Sec. Sec.  102-36.380 
through 102-36.400 of this subchapter; however, the disposal of 
personal property located outside of these areas should conform to the 
provisions in this part, whenever feasible, in the interest of 
promoting safety, security, and environmental stewardship.


Sec.  102-40.10  What is the governing authority for this part?

    40 U.S.C. 121(c) authorizes the Administrator of General Services 
to prescribe regulations necessary to perform functions under this 
part.


Sec.  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 specific, separate statutory authority to do 
otherwise. Also, pursuant to 40 U.S.C. 549(b)(1), state agencies for 
surplus property (SASPs) must comply with the provisions of this part 
related to the donation of surplus property with special handling 
requirements. Legislative and judicial agencies are encouraged to 
follow these provisions.


Sec.  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 executive agency, or other entity using these 
regulations, unless otherwise indicated.


Sec.  102-40.25  How do we request a deviation from these requirements 
and who can approve it?

    See Sec. Sec.  102-2.60 through 102-2.110 of this chapter to 
request a deviation from the requirements of this part.

Definitions


Sec.  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 as defined in 18 U.S.C. 921(a)(17), means ammunition or 
cartridge cases, primers, bullets, or propellant powder designed for 
use in any firearm.
    Ammunition components means the individual parts of ammunition, 
including cartridge cases, primers, bullets/projectiles, and propellant 
powder.
    Biologicals means hazardous materials associated with the products 
and operations of applied biology and/or biochemistry, especially 
serums,

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vaccines, etc., produced from microorganisms.
    Certified electronic product means any electronic product which 
bears the manufacturer's certification label or tag (21 CFR 1010.2) 
indicating that the product meets applicable radiation safety 
performance standards prescribed by the Food and Drug Administration 
(FDA) under 21 CFR part 1020.
    Commerce Control List Item (CCLI) means property identified on the 
Commerce Control List (15 CFR part 774, supp. 1) subject to export 
controls under the Export Administration Act of 1979, as amended (50 
App. U.S.C. 2401-2420) and implemented by the Export Administration 
Regulations (15 CFR part 730). Items may be placed on the list for 
reasons including, but not limited to, 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 
contained in 21 CFR part 1308; or
    (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, et seq.); 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, to be 
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.
    Electronic Product means any item powered by electricity that has 
logic circuitry enabling the item to perform its intended function.
    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 material 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 life and property and which usually have specialized uses 
under controlled conditions. It is also material which have been 
determined by the holding agency to endanger public health and safety 
or the environment if released to the general public.
    Firearm, as defined in 18 U.S.C. 921(a)(3), means:
    (1) Any weapon (including a starter gun) which will or is designed 
to or may readily be converted to expel a projectile by the action of 
an explosive;
    (2) The frame or receiver of any such weapon;
    (3) Any firearm muffler or firearm silencer; or
    (4) Any destructive device. Such term does not include an antique 
firearm.
    Hazardous material means property that is deemed a hazardous 
material, chemical substance or mixture, or hazardous waste under the 
Federal hazardous materials transportation law (49 U.S.C. 5101, et 
seq.), the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 
6901, et seq.), or the Toxic Substances Control Act (TSCA) (15 U.S.C. 
2601, et seq.). Generally, hazardous materials have one or more of the 
following characteristics:
    (1) Are carcinogens (according to Occupational Safety and Health 
Administration (OSHA) regulations at 29 CFR part 1910), toxic or highly 
toxic agents, reproductive toxins, irritants, corrosives, hepatotoxins, 
nephrotoxins, neurotoxins, agents that act on the hematopoietic system, 
and agents that damage the lungs, skin, eyes, or mucous membranes;
    (2) Are combustible liquids, compressed gases, explosives, 
flammable liquids, flammable solids, organic peroxides, oxidizers, 
pyrophorics, unstable (reactive) or water-reactive;
    (3) Are radioactive to the extent it requires special handling;
    (4) Identify hazards on associated SDS, MSDS, or HMIS 
documentation;
    (5) Possess 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.
    (6) Materials that, in the course of normal handling, use or 
storage, may produce or release dusts, gases, fumes, vapors, mists or 
smoke having any of the above characteristics.
    Hazardous waste means those materials or substances, the handling 
and disposal of which are governed by 40 CFR part 261. 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. Hazardous 
materials having an expired shelf life should be reclassified as 
hazardous waste if required by Federal and/or state environmental laws 
or regulations. Before reclassification, the shelf life may be extended 
if supported by results of tests and recertification performed by 
authorized personnel in accordance with applicable regulations.
    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.
    Medical device means any health-care product that does not achieve 
its principal 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, et seq.). Potential 
hazards of these devices include chemical and heavy metal hazards, and 
biohazards.
    Munitions List Item (MLI) means property and related technical data 
designated as defense articles and defense services pursuant to 
sections 2778 and 2794(7) of the Arms Export Control Act (22 U.S.C. 
2778 and 2794(7)).
    Noncertified Electronic Product means any electronic product for 
which there is an applicable radiation safety performance standard 
prescribed or hereafter prescribed by the FDA under 21 CFR part 1020, 
and which the manufacturer has not certified as meeting such standard. 
The non-certification may be due to either:
    (1) Manufacture of the product before the effective date of the 
standard; or
    (2) The product was exempted from the applicable standard and is so 
labeled.
    Nuclear Regulatory Commission-Controlled Material means material 
subject to the controls of the Nuclear

[[Page 7356]]

Regulatory Commission (NRC) pursuant to the Energy Reorganization Act 
of 1974. 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, determined 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, spoilage 
or death, 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).
    Radiation Safety Performance Standards. Certain electronic items or 
components emitting hazardous electronic radiation are subject to 
performance standards (21 CFR part 1020). You must follow FDA policies 
related to acquisition, use, and disposal of items identified by the 
FDA or other authority for which performance standards are established. 
See 21 CFR 1000.15 for examples of electronic items that are required 
to follow radiation safety performance standards. Several types of 
electronic radiation (and examples of items that may emit that type of 
radiation) include: ionizing electromagnetic radiation (television 
receivers); ultraviolet electromagnetic radiation (tanning and 
therapeutic lamps); infrared and microwave electromagnetic radiation 
(certain alarm systems); and, laser emissions (certain cauterizing, 
burning, and welding devices).
    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.
    Safety Data Sheet (SDS) 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 SDS information 
may be the manufacturer, distributor, or the procuring agency. Related 
documentation, such as a Material Safety Data Sheet (MSDS) may also 
provide information on hazards associated with assets handled under 
this part.
    Universal Waste(s) mean(s) any of the following hazardous waste 
that is/are managed under the universal waste requirements of 40 CFR 
part 273:
    (1) Batteries as described in 40 CFR 273.2;
    (2) Pesticides as described in 40 CFR 273.3;
    (3) Mercury-containing equipment (including thermostats) as 
described in 40 CFR 273.4 and as defined at 40 CFR 273.9; and
    (4) Light bulbs containing mercury (such as fluorescent bulbs) as 
described in 40 CFR 273.5.

Subpart B--Responsibilities


Sec.  102-40.35  What types of personal property require special 
handling?

    Personal property requiring special handling includes property 
containing hazardous materials or property which exhibits dangerous 
characteristics such that improper use, storage, transportation or 
disposal may lead to potential safety, health, environmental, economic, 
or national security risks. In many situations, the use, storage, 
transportation or disposal of these items is governed by Federal, 
state, and local laws. Personal property requiring special handling may 
also include animals and plants which may perish if not handled 
appropriately, as well as perishable products that may lose their 
utility if not handled appropriately.


Sec.  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 safeguarding 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), EPA, state and local 
regulations.


Sec.  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).


Sec.  102-40.50  What must we do when we no longer need personal 
property with special handling requirements?

    Except for the items listed in Sec.  102-40.55, you must report 
excess personal property with special handling requirements that you no 
longer need to GSA for Federal and donation screening (see Sec.  102-
36.215 of this subchapter for how to report excess personal property to 
GSA). The report to GSA must clearly identify property requiring 
special handling, and all related hazards, precautions, and handling 
requirements related to this property. You must 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. See 
Sec.  102-40.125 for policy regarding disposal of property requiring 
special handling by abandonment or destruction. Disposal must be 
accomplished so as to preserve as much as possible, any civilian 
utility or commercial value of the property.


Sec.  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 are not required to report to GSA 
excess personal property with special handling requirements in any of 
the following 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 
and local laws or regulations, and other Federal laws, regulations or 
guidelines.

[[Page 7357]]

However, if time and circumstances permit, this material may be 
reported to GSA to optimize use of this already-acquired material. When 
an item that is determined to be extremely hazardous property becomes 
excess, the holding agency should notify the appropriate GSA regional 
personal property office, which will determine if the property should 
be reported using Report of Excess Personal Property, Standard Form 
(SF) 120 or another method. At a minimum, you must identify the item, 
and describe the actual or potential hazard(s) associated with the 
handling, storage, or use of the item(s). This GSA regional office will 
determine the utilization, donation, sales or other disposal 
requirements, and provide appropriate guidance to the holding agency.
    (b) Hazardous wastes. You must dispose of hazardous wastes not 
reported to GSA 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 with no further 
utility by abandonment or destruction when it is not detrimental to 
public health or safety (see the abandonment/destruction provisions in 
Sec.  102-40.125 and in part 102-36 of this subchapter). Although there 
is no requirement to report perishables to GSA if their spoilage is 
imminent (see Sec.  102-36.220), perishables that have a longer time 
before spoilage and are clearly able to be used may be reported to GSA 
in accordance with part 102-36. When reporting perishables to GSA, you 
should annotate the Report for Excess Personal Property, SF 120 or 
electronic reporting form to show whether there is a specific 
expiration date for the perishable item and whether such date is an 
original or extended date.
    (d) EPA research and cleanup 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 clean-up a contaminated site.


Sec.  102-40.60  May we reassign hazardous materials?

    Yes, when hazardous materials are reassigned within an executive 
agency, information on the actual or potential hazard must be included 
in the documentation effecting the reassignment, and the recipient 
organization must perpetuate in the inventory or control records 
visibility of the nature of the actual or potential hazard.


102-40.65   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 receiving agency's consent.


Sec.  102-40.70  Who is responsible for the care and handling of 
hazardous materials and property requiring special handling?

    (a) The holding agency is responsible for the care and handling of 
hazardous materials and property requiring special handling until the 
time the property has:
    (1) Completed the disposal process; and
    (2) 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. The costs associated with performing care and handling may be 
charged to the Federal agency or donation recipient in accordance with 
Sec.  102-40.95.
    (b) When transferring personal property to another federal agency, 
failure to disclose hazards or special handling requirements may result 
in the transferring agency being liable for additional costs incurred 
by the recipient agency, when authorized by applicable law and policy.

Subpart C--Transfer and Donation of Personal Property With Special 
Handling Requirements


Sec.  102-40.75  What must we do when reporting excess personal 
property with special handling requirements?

    You must include with your report of excess personal property a 
complete description of the characteristics of the property, use or 
disposal restrictions, and the actual or potential hazard(s) associated 
with the use, handling, or storage of the item. You should include a 
Safety Data Sheet (SDS), 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(s).


Sec.  102-40.80  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 parts 102-36 and 102-37 of this 
subchapter, respectively. Surplus personal property identified as 
hazardous material not required for transfer as excess personal 
property to Federal agencies should normally be made available for 
donation. However, state agencies should not acquire hazardous 
materials without first ensuring that there are known eligible donees 
for such property. Moreover, all transfer and donation documents must 
include a complete description of the actual or potential hazard(s) 
associated with the handling, storage, use, or disposal of the item. 
Also, any continuing restrictions or instructions must be clearly 
identified on these documents.


Sec.  102-40.85  Is donee certification required for the donation of 
personal property requiring special handling?

    Yes, 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. GSA 
will not approve a donation to a State Agency for Surplus Property 
(SASP) unless an eligible donee has been identified. This subpart does 
not prohibit a SASP from bringing an item requiring special handling 
into its warehouse or other place of storage, provided that this 
storage is of a temporary nature, that the storage arrangement is 
agreeable to all parties involved in the donation, and that the storage 
location has the necessary facilities, gear, and trained personnel to 
handle, store, protect, and transport the property. 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 nature of the property hereby 
donated which requires special handling, 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 property. 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 
property, its use, 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 property, 
its use, or final disposition.

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Name and title of Donee (print or type)


[[Page 7358]]


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Signature of Donee


Sec.  102-40.90  Must we establish 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. Also, it is the 
responsibility of the state agency and/or donee to comply with DOT 
regulations (49 CFR parts 171 through 177) when transporting hazardous 
material. Any costs incident to repacking or recontainment will be 
borne by the state agency and/or donee. Also, state agencies and/or 
donees will comply with EPA's Resource Conservation and Recovery Act 
(40 CFR parts 261 through 265) including its application to 
transporters, storers, users, and permitting of hazardous wastes.


Sec.  102-40.95  Who pays for the costs incident to the transfer of 
personal property with special handling requirements?

    You may charge the Federal agency or the SASP any costs you incur 
in packing, preparing for shipment, and transporting property with 
special handling requirements (see parts 102-36 and 102-37 of this 
subchapter).

Subpart D--Sale of Personal Property With Special Handling 
Requirements


Sec.  102-40.100  May we sell personal property with special handling 
requirements?

    Generally, yes, you may sell personal property with special 
handling requirements through an authorized Sales Center, provided that 
the property has been reported in accordance with subpart B and C of 
this part, when you:
    (a) Comply with applicable Federal, state, and local laws and 
regulations, including part 102-38 of this subchapter; and
    (b) Follow applicable precautions including but not limited to 
proper packaging of the property, labeling with appropriate warning 
signs, and allowing for inspection of the property with proper 
safeguards.


Sec.  102-40.105  May we use any sales method to sell personal property 
that requires special handling?

    Yes, unless specifically restricted as to sales methods by 
provisions in subpart E of this part, you may use any of the sales 
methods provided in part 102-38 of this subchapter, but you must:
    (a) Advertise and conduct 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 and/or regulations;
    (c) Indicate if the property is being sold only for scrap, and/or 
if there are any use requirements or restrictions;
    (d) Comply with the requirements of other Federal, state, and local 
laws and regulations; and
    (e) Conduct the sale through an agency authorized to sell Federal 
property in accordance with part 102-38 of this subchapter.


Sec.  102-40.110  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, 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 requirements, restrictions, or limitations;
    (b) An SDS, MSDS, or HMIS 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;
    (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; and
    (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.

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Name of bidder (print or type)

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Signature of bidder


Sec.  102-40.115  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 (see certification 
at Sec.  102-40.110), 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 CCLI, or mutilation requirements for flight safety 
critical aircraft parts. These additional requirements may be imposed 
by any law, regulation, or policy.


Sec.  102-40.120  What precautions must we take during the sales 
process for personal property requiring special handling?

    (a) 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 special 
processing requirements, 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.
    (b) Unless authorized by the appropriate GSA regional office, you 
must not sell extremely hazardous property unless the property is 
rendered innocuous or adequate safeguards are provided. Such property 
must be rendered innocuous in a manner so as to preserve the utility or 
commercial value of the property.


Sec.  102-40.125  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

[[Page 7359]]

abandonment or destruction of property in Sec. Sec.  102-36.305 through 
102-36.330 of this subchapter, 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. You should also preserve, as much as 
possible, any civilian utility or commercial value of the property (see 
Sec.  102-40.50.) National security classified items must be 
declassified or destroyed in accordance with holding agency 
regulations.

Subpart E--Categories of Personal Property With Special Handling 
Requirements


Sec.  102-40.130  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 Sec. Sec.  102-40.130 
through 102-40.235 for special handling instructions for some 
categories of property for which Federal property managers are likely 
to have responsibility.


Sec.  102-40.135  How do we manage acid-contaminated and explosive-
contaminated property?

    (a) Acid-contaminated or explosive-contaminated property is 
considered extremely hazardous property and is not reported to GSA for 
subsequent transfer or donation. However, you should notify GSA of this 
property in accordance with Sec.  102-40.55. If the property is not 
transferred or donated, you may dispose of such property by sale, in 
accordance with subpart D of this part and with the condition that the 
purchaser sufficiently decontaminates the property to the degree that 
it is no longer extremely hazardous. Also, such property must be 
properly labeled in accordance with Sec.  102-40.45 and should not be 
abandoned. When destroyed, such destruction should be accomplished 
under Sec.  102-40.125.
    (b) 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.

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Name of purchaser (print or type)

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Signature of purchaser


Sec.  102-40.140  How do we handle all-terrain vehicles (ATVs)?

    (a) 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. Three-wheeled ATVs not exchanged must be mutilated in a 
manner to prevent operational use and may be sold only as salvage or 
scrap. Four-wheeled ATVs not exchanged may be offered for transfer and 
donation only when documented in accordance with Sec. Sec.  102-40.75 
and 102-40.80. In addition, any transfer or donation documentation for 
four-wheeled ATVs must require the recipient to acknowledge that the 
recipient will follow regulations and guidelines published by the 
Consumer Product Safety Commission related to these items, including 
age recommendations, restrictions on usage, and operator training. 
Four-wheeled ATVs not exchanged, transferred, or donated may be offered 
for sale as either salvage or scrap only after they have been mutilated 
in a manner to prevent operational use. Four-wheeled ATVs must not be 
released to the public after donee use, nor may they be released to the 
public after Federal use if the ATVs are not donated.
    (b) A donation 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 nature of the property hereby 
donated which requires special handling, 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 property. 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 
property, its use, 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 property, 
its use, or final disposition.

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Name and title of Donee (print or type)

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Signature of Donee


Sec.  102-40.145  How do we handle ammunition and ammunition 
components?

    (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 to eligible donation recipients. 
You may sell non-expended ammunition and ammunition components 
(expended and non-expended) only to companies licensed to perform 
manufacturing/remanufacturing processes under the provisions of 18 
U.S.C. 923 or other Federal law or regulation or to companies allowed 
to purchase ammunition components under local and state laws. If the 
ammunition is regulated pursuant to the National Firearms Act (NFA) or 
any other Federal regulation, then the ammunition can only be disposed 
of in accordance with applicable regulation. Ammunition greater than 
.50 caliber can, in some instances, be regulated under the NFA. You 
must follow any demilitarization requirements. When selling ammunition 
and 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. __contains ammunition or 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 or ammunition components.
    If the item being sold is scrap ammunition, the undersigned 
certifies that he/she is licensed to perform manufacturing/
remanufacturing under the provisions of 18 U.S.C. 923 or other 
Federal law or regulation.
    If the item being sold is a scrap ammunition component, the 
undersigned certifies that these scrap ammunition components will 
not be used for the original manufactured purpose.

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License issuing authority and license number

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Name of bidder (print or type)

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[[Page 7360]]

Signature of bidder

    (b) In addition to sales as described in paragraph (a) of this 
section, expended ammunition cartridge cases may also be transferred or 
donated when the recipient certifies that the spent brass will be 
reloaded and used only for law enforcement purposes. If there is no 
Federal or state donation interest in the cases, and a sale of the 
scrap is not feasible, cartridge cases may be disposed of using 
abandonment or destruction procedures under Sec.  102-40.125. The 
recipient must certify that the expended cartridge cases will not be 
used for the original manufactured purpose.
    (c) The transportation of primers or propellant powder is governed 
by 49 CFR parts 171 through 180.


Sec.  102-40.150  How do we handle animals and plants?

    (a) Whenever possible, you should report live animals and plants to 
GSA for transfer, donation or sale. They are, however, considered 
perishables and may be disposed of by abandonment or destruction 
procedures in accordance with the authority contained in Sec.  102-
40.125. Abandonment or destruction procedures may be used for animals 
other than those specifically addressed below, where warranted for 
humane purposes.
    (b) Unfit horses and mules may be humanely euthanized or put out to 
pasture in accordance with 40 U.S.C. 1308 and agency policies. 
Transfers of unfit horses or mules to Federal agencies must be 
conducted in accordance with part 102-36 of this subchapter. In the 
event that a transfer of these animals can be made to a humane 
organization, the transfer may be conducted under procedures contained 
in part 102-37 of this subchapter.
    (c) Under 40 U.S.C. 555, you may transfer canines formerly used in 
the performance of law enforcement duties to an individual experienced 
in handling canines in the performance of those duties, in accordance 
with agency policy and procedures. For example, the ``individual'' may 
be the current handler of that canine or a previous handler.


Sec.  102-40.155  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. Further 
information on laws and regulations related to asbestos may be found at 
www.epa.gov/asbestos.
    (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 parts 102-36 through 102-38 of this 
subchapter. 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 
disposal documentation related to personal property containing 
nonfriable asbestos, such as exchange/sale, reporting, transfer, 
donation, 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 or requesting the exchange/sale, transfer, 
donation or sale of 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, 
disassembling, or otherwise altering this property.

    (e) Nonfriable asbestos that is not transferred, donated, or sold 
may be abandoned as provided in Sec.  102-40.125 and part 102-36 of 
this subchapter. 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.
    (f) Friable asbestos materials that contain more than one percent 
asbestos by weight and can, by hand pressure, be crumbled, pulverized, 
or reduced to powder, thus allowing for potential release of asbestos 
fibers into the air. Property containing friable asbestos normally is 
not to be transferred, donated or sold. Notwithstanding these 
provisions, holding agencies, on a case-by-case basis, may request 
approval from GSA Central Office, with consultation from the EPA, to 
transfer, donate or sell such property if in the judgment of the 
holding agency, special circumstances warrant such action.
    (g) Excess personal property known to contain friable asbestos 
shall neither be reported to GSA nor transferred among Federal agencies 
excepted as noted in paragraph (f) of this section.
    (h) Surplus property containing friable asbestos is to be neither 
donated nor sold. Such property is disposed of under paragraph (i) of 
this section.
    (i) Excess and surplus property containing friable asbestos is to 
be disposed of by burial in a site that meets the EPA requirements of 
40 CFR 61.156. Holding agencies should contact the nearest office of 
the EPA for assistance with regard to the disposal of materials 
containing asbestos, with the exception of DOD, who should contact the 
Defense Logistics Agency (DLA).


Sec.  102-40.160  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 part 1307). 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 the DEA. See the transfer procedures in FMR part 102-36 (41 
CFR part 102-36).
    (b) You must not donate controlled substances.
    (c) In accordance with sales procedures specified in part 102-38 of 
this subchapter, and under the conditions specified in this paragraph, 
you may sell controlled substances by sealed bid only, to bidders who 
have registered with the DEA to manufacture, distribute, or dispense of 
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 the DEA of the bidder's status 
as a registered manufacturer, distributor or dispenser of controlled 
substances.
    (1) The invitation for bids for controlled substances must list 
only controlled substances and must only be distributed to bidders who 
are registered with the DEA, Department of Justice, to manufacture, 
distribute or dispense of the controlled substances being sold. In 
addition, 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

[[Page 7361]]

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 bids and contract 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: __.
    This certification is made in accordance with and subject to the 
penalties of Title 18, Section 1001, United States Code, Crime and 
Criminal procedures.

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Name of bidder (print or type)

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Signature of bidder

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Address of bidder (print or type)

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City, State, Zip code

    (d) As a condition precedent to making an award for the sale of 
surplus controlled substances, holding agencies should follow 
procedures provided by the DEA in 21 CFR part 1310.
    (e) 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 part 1307, 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, unless DEA directs 
otherwise. 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 of 
destruction and on the date stated herein:

Certification of destruction of: ___

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Manner in which destruction was performed

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Date

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Witness

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Sec.  102-40.165  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 of this subchapter. 
For donation of drugs, biologicals, or reagents other than controlled 
substances, follow the procedures in part 102-37 of this subchapter, 
and paragraph (c) of this section.
    (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 performed by an agency 
employee and witnessed and certified by two additional representatives 
of your agency. Similarly, destruction of this property held by a SASP 
or donee must be destroyed by a SASP employee and witnessed by two 
additional SASP employees. Destruction shall be 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 certification, must be used and retained by the Federal 
agency or SASP 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 of destruction and on the date stated 
herein:

Certification of destruction of: ___

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Manner in which destruction was performed

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    (c) When donating drugs, biologicals, or reagents other than 
controlled substances, the SASP shall obtain a certification from the 
donee indicating that the items donated will be safeguarded, dispensed, 
and administered under competent supervision and in accordance with 
Federal, state, and local laws and regulations. Surplus drugs, 
biologicals, and reagents requested for donation by state agencies will 
not be transported by the state agency or stored in its warehouse prior 
to distribution to donees. Arrangements will be made by the state 
agency for the donee to make direct pickup at the holding agency after 
approval by GSA and after notification by the holding agency that the 
property is ready for pickup. Additionally, Transfer Order Surplus 
Personal Property, SF 123 from a state agency requesting surplus drugs, 
biologicals, and reagents for donation will not be processed or 
approved by GSA until it has been determined by the GSA donation 
representative that the specific donee is legally licensed to 
administer, dispense, store, or distribute such property. A copy of the 
donee's license, registration, or other legal authorization to 
administer, dispense, store, or distribute such property should be 
attached and made a part of the SF 123. The administration or use of 
drugs, biologicals, and reagents must be in compliance with the Federal 
Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 301, et seq.).
    (d) The sale of any unexpired drugs, biologicals, or reagents must 
be in accordance with rules published by the Food and Drug 
Administration (FDA). 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 DEA, 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

[[Page 7362]]

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. This certification is made in accordance with and subject 
to the penalties of Title 18, Section 1001, United States Code, 
Crime and Criminal procedures.

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Sec.  102-40.170  How do we handle electronic products?

    (a) Additional guidance regarding the disposal and reporting of 
Federal electronic products is found under FMR part 102-36 (41 CFR part 
102-36).
    (b) Excess electronic products, certified and noncertified, meeting 
radiation safety performance standards or electronic products which are 
not required to meet such performance standards must be reported to GSA 
for transfer to Federal agencies in accordance with part 102-36 of this 
subchapter and may be donated or sold in accordance with parts 102-37 
and 102-38 of this subchapter, respectively.
    (c) Excess electronic products NOT meeting radiation safety 
performance standards must be reported to GSA for transfer to Federal 
agencies in accordance with FMR part 102-36 (41 CFR part 102-36) and 
may be donated or sold in accordance with parts 102-37 and 102-38 of 
this subchapter, respectively. The report to GSA, and any subsequent 
transfer, donation, or sales documents, must include a statement that 
the items are not in compliance with applicable radiation safety 
performance standards and specify the standard which is not being met. 
Additionally, the recipient must acknowledge that they are aware of the 
potential danger in handling or using such items.
    (d) Donation documentation for items not meeting radiation safety 
performance standards must contain the following certification, or an 
equivalent certification, signed by the donee before release:

    I (We), the undersigned, hereby certify that the donee has 
knowledge and understanding of the potential danger in using the 
product without a radiation test to determine the acceptability for 
use and/or modification to bring it into compliance with the 
radiation safety performance standards prescribed for the item under 
21 CFR parts 1010 through 1050, and agrees to accept the item from 
the holding agency for donation under those conditions. The 
undersigned further agrees that the Government 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 item, its use, or its final disposition. The 
undersigned also agrees to hold the Government harmless from any or 
all debts, liabilities, judgments, costs, demands, suits, actions, 
or claims of any nature arising from or incident to the donation of 
the item, its use, or its final disposition.

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    (e) Sales documents listing electronic products not meeting safety 
performance standards must also clearly warn purchasers that the items 
may not be in compliance with FDA radiation safety performance 
standards prescribed pursuant to 21 CFR parts 1010 through 1050 and 
that the purchaser assumes all risks associated with the use or resale 
of the items. The following type of warning will 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 pursuant to 21 CFR parts 1010 
through 1050, and use may result in 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 the purchase, use 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 standards prescribed for the item under 
21 CFR parts 1010 through 1050, unless authorized by 21 CFR 1002.4 
to have the dealer or distributor hold and preserve.

    (f) You must dispose of all electronic products in accordance with 
all Federal and state laws, including the Solid Waste Disposal Act (42 
U.S.C. 6901, et seq.) and Executive Order 13423, Strengthening Federal 
Environmental, Energy, and Transportation Management. You should also 
be aware of the prohibitions and liabilities contained in 42 U.S.C. 
9607.
    (g) When donating or selling electronic products, the sales terms 
and sales documentation, or donation document, must include the 
following certification, or an equivalent certification, which must be 
signed by the donee or successful bidder:

    It is hereby certified that the undersigned purchaser or donee 
will comply with all the applicable Federal, state, and local laws, 
ordinances and regulations with respect to the care, handling, 
storage, disposal, and shipment, resale, export, or other use of the 
electronic products, hereby purchased or donated, and that he/she is 
a user of, or dealer in, said products. 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.
    When recycling electronic products, purchaser or donee should 
use any national standards, best management practices, or existing 
certification programs for recyclers in addition to Federal, state, 
and local laws, ordinances and regulations. In the absence of 
national standards, best management practices, or a national 
certification program for recyclers, the purchaser/donee should use 
``EPA's Guidelines for Materials Management'' found at http://www.epa.gov/epawaste/index.htm

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Signature of purchaser or donee

    (h) Additionally, noncertified and certified electronic products 
must be abandoned under the provisions of Sec.  102-40.125.


Sec.  102-40.175  How do we handle firearms?

    (a) You must submit reports and transfer documents on excess 
firearms to GSA (8QSC), 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 
Sec.  102-36.240 of this subchapter). Only eligible law enforcement 
entities whose primary

[[Page 7363]]

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)(1) For purposes of donation under paragraph (b) of this 
section, each Transfer Order Surplus Personal Property SF 123 must be 
accompanied by a conditional transfer document, signed by both the 
intended donee agency and the SASP, which includes the special terms, 
conditions, restrictions, and other forms or information required for 
the transfer of the donated firearms. Restrictions on donated firearms 
are perpetual and may not be amended by the SASP without prior written 
approval from GSA. Donated firearms must be released or shipped 
directly from the Federal donor agency to the designated donee.
    (2) If the firearms to be donated are subject to the National 
Firearms Act, 26 U.S.C. Chapter 53, (e.g., machineguns, silencers, 
short-barrel rifles, short-barrel shotguns, firearms over .50 caliber 
or with a bore diameter of more than \1/2\ inch, and destructive 
devices) the SF 123 must be accompanied by an ATF Form 10, Application 
for Registration of Firearms Acquired by Certain Governmental Entities, 
completed by the donee agency as specified in 27 CFR 479.104. Upon 
approval of the donation by the SASP, the Form 10 shall be forwarded in 
accordance with the form's instructions. The Chief, National Firearms 
Act Branch, shall notify the donee agency of ATF registration of the 
donated firearms by returning the approved Form 10 to the donee agency. 
The donee agency shall provide a copy of the approved Form 10 to the 
SASP who shall retain a copy of the approved Form 10 and attach it to 
the SF 123. Firearms shall not be released for shipment until the ATF 
Form 10 has been approved by the ATF and a copy provided to the SASP. 
The registration of any firearms on ATF Form 10 is for official use 
only and subsequent transfers will be approved only to other 
Governmental entities for official use and in accordance with paragraph 
(e)(2) of this section. If you have questions concerning whether 
particular firearms are subject to the National Firearms Act, contact 
the Firearms Technology Industry Services Branch, ATF, at (304) 616-
4300 or <a href="/cdn-cgi/l/email-protection#92d4dbc0d7cdc6d7d1dad2f3e6f4bcf5fde4"><span class="__cf_email__" data-cfemail="7e38372c3b212a3b3d363e1f0a1850191108">[email protected]</span></a>.
    (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 entity 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)(1) When the approved donee agency no longer needs the donated 
firearms, the donee agency must notify the SASP. The SASP may, with GSA 
approval and in accordance with paragraph (e)(2) of this section, 
reassign firearms to another donee agency within the state or to a 
donee agency in another state through the appropriate SASP. In such a 
case, transfer of the firearms must be between eligible donee agencies 
only. No SASP is eligible to take custody of the firearms. If the 
firearms are not sought for reassignment, the donee agency 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. If firearms subject to the National 
Firearms Act are destroyed, the SASP shall notify the Chief, National 
Firearms Act Branch, ATF, so the destruction can be noted in the 
National Firearms Registration and Transfer Record.
    (2) If the firearms sought for reassignment are subject to the 
National Firearms Act, the firearms must be transferred in accordance 
with 27 CFR 479.90. This regulation requires that the donor agency 
submit an ATF Form 5, Application for Tax Exempt Transfer and 
Registration of Firearm, which must be approved prior to transfer of 
the firearms. Donor agencies wishing to reassign firearms subject to 
the National Firearms Act shall submit a completed ATF Form 5 to the 
SASP along with the request to reassign the firearms to another donee 
agency. The SASP shall forward the ATF Form 5 to the Chief, National 
Firearms Act Branch. If transfer is approved by the ATF, the donor 
agency will receive a copy of the Form 5, with approval noted thereon, 
from the Chief, National Firearms Act Branch, ATF. The donor agency 
shall provide a copy of the approved Form 5 to the SASP at which time 
the reassignment shall be approved.
    (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 
and incapable of being made operable for any purpose except the 
recovery of basic material content. Destruction of firearms must be 
performed as stated in paragraphs (d) and (e) of this section.
    (g) You must not dispose of functional or repairable firearms under 
an exchange/sale transaction or by sale. Surplus firearms may be sold 
only for scrap after total destruction as described in paragraph (f) of 
this section 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.
    (h)(1) Except as provided in paragraph (h)(2) of this section, 
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. If sold to the gift recipient, a 
certification signed by the gift recipient certifying compliance with 
all Federal, state, and local laws regarding purchase and possession of 
firearms must be received by the gift recipient's agency and the agency 
conducting the sale prior to the sale and release of such firearm to 
the gift recipient.
    (2) Firearms subject to the National Firearms Act, 26 U.S.C. 
Chapter 53 that are received as foreign gifts cannot be lawfully 
transferred to an individual gift recipient. These firearms must remain 
the property of the United States or may be transferred to a donee 
agency in accordance with paragraphs (b) and (c) of this section. In 
addition, all firearms must also be transferred, shipped, received, and 
possessed in accordance with the Gun Control Act of 1968. Persons 
having questions concerning compliance with the Gun Control Act should 
contact the nearest ATF field office.
    (i) Firearms that are forfeited, voluntarily abandoned, or 
unclaimed as described in 40 U.S.C. 1306 and 40 U.S.C. 552, must be 
reported to GSA for disposal in accordance with Sec.  102-41.195 of 
this subchapter. GSA will direct the disposition of these firearms 
under this section.


Sec.  102-40.180  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 SDSs or similar documentation to identify 
potential hazards. SDSs are also prescribed by OSHA under 29 CFR part 
1910.
    (2) An automated database maintained by GSA Federal Acquisition 
Service contains MSDSs for all GSA-procured hazardous materials. To 
request an MSDS, you may send an email to <a href="/cdn-cgi/l/email-protection#5e130d1a0d1e392d3f70393128"><span class="__cf_email__" data-cfemail="5a17091e091a3d293b743d352c">[email protected]</span></a>, or call, Toll 
Free: 866-588-7659, DSN: 465-5097, or Commercial: 816-926-5097.
    (3) A collection of hazard-related information in DOD's HMIS 
provides transportation and disposal information.

[[Page 7364]]

    (4) Appendix A to this part contains a list of the Federal Supply 
Classes (FSC) of property that are composed predominantly of hazardous 
items.
    (5) When information is not available under paragraphs (a)(1), (2), 
(3), or (4) of this section, contact the manufacturer, the procuring 
agency, or your technical staff for assistance in obtaining the SDS, 
MSDS, or HMIS 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. If the item has been determined 
hazardous, the owning Federal agency must document the accountable 
inventory record accordingly. If the item has not been appropriately 
labeled by the manufacturer or distributor, the owning agency must 
appropriately label, mark, or tag the item in accordance with OSHA 
requirements (29 CFR 1919.1200) regarding the actual potential hazard 
associated with the handling, storage, or use of the item.
    (c) For transportation of hazardous materials, see 49 CFR parts 171 
through 180.
    (d) For disposal of hazardous materials, see Sec. Sec.  102-40.35 
through 102-40.125.
    (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.


Sec.  102-40.185  How do we handle lead-containing paints and items 
bearing lead-containing paint?

    (a) You may transfer, donate or sell such items in compliance with 
restrictions and requirements found in the Consumer Product Safety 
Commission regulations set forth in 16 CFR part 1303. The transfer, 
donation or sales documents must clearly describe these leaded items 
and why they require special handling, and identify the danger inherent 
in the use or disposal of such paint and items bearing lead-containing 
paint. You must not abandon such items or their containers. You must 
destroy them in a way that will prohibit future acquisition and use, 
and in a manner authorized by law and regulation. 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) of this 
section 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 SF 123) must contain the 
following certification, or an equivalent certification:

    The property requested herein shall be used only as specified in 
16 CFR part 1303 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.

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    (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.

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Sec.  102-40.190  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, et seq. FDA 
regulations covering medical devices are found in 21 CFR chapter I, 
subpart H. The Act prohibits the movement in interstate commerce of 
medical devices that are adulterated or misbranded (21 U.S.C. 331). The 
Act authorizes FDA to initiate civil proceedings to seize or enjoin the 
distribution of such items (21 U.S.C. 334), and to report any 
violations to a U.S. Attorney for prosecution, after such individual is 
given notice and a hearing (21 U.S.C. 335).
    (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.


Sec.  102-40.195  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 
supply system of the Department of Defense (DOD) or a civilian agency. 
Refer to DOD 4160.21-M-1 (Change No. 1) for a complete description of 
the DOD program and the requirements to be followed for property owned, 
procured by or under the control of DOD. The DOD manual is available 
from the Defense Logistics Agency, 8725 John J. Kingman Road, Fort 
Belvoir, VA 22060. If your agency uses another system of identifying 
items requiring

[[Page 7365]]

demilitarization, you must provide a detailed description of that 
system to the General Services Administration, Mail Code MA, 1800 F 
Street NW., Washington, DC 20405, Attn: Director, Personal Property 
Policy.
    (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), or other agency policy manual if the MLIs 
are not governed by the DOD demilitarization manual.
    (c) Disposal of MLIs will follow the provisions of parts 102-36, 
102-37, and 102-38 of this subchapter unless different disposal 
procedures are required by law or your agency regulation issued in 
support of 22 U.S.C. 2778.


Sec.  102-40.200  How do we handle Commerce Control List Items (CCLIs)?

    (a) 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. 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 informed that this notification must pass 
to all subsequent recipients of the item.
    (2) When being sold, completed end-use certificates are required of 
all 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, chapter VII, subchapter C.


Sec.  102-40.205  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 App. U.S.C. 2093), are not covered by the Federal 
Management Regulation. The disposal of these assets is governed by 50 
U.S.C. 98d, 98e, and 98f.


Sec.  102-40.210  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. 
Direct all inquiries to the U.S. Nuclear Regulatory Commission, 
Washington, DC 20555.


Sec.  102-40.215  How do we handle ozone depleting substances (ODSs)?

    Handle ODSs in accordance with Federal and state laws and 
regulations. Prior to disposal of ODSs removed or reclaimed from 
facilities or equipment, including disposal as part of a contract, 
trade or donation, coordinate with the Defense Ozone Depleting 
Substances Reserve Program Office to determine if the recovered ODS is 
a critical requirement for DOD missions. Direct inquiries to the 
Defense Ozone Depleting Substances Reserve Program Office, Defense 
Supply Center, Richmond, Virginia; email: <a href="/cdn-cgi/l/email-protection#54100717067a1b100706312731262231143038357a393d38"><span class="__cf_email__" data-cfemail="c387908091ed8c879091a6b0a6b1b5a683a7afa2edaeaaaf">[email protected]</span></a>; 
phone: (804) 279-3064. Additional guidance is available from EPA at: 
http://www.epa.gov/ozone/title6/608/608fact.html#overview.


Sec.  102-40.220  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. 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 Web site at: http://www.epa.gov/waste/hazard/tsd/pcbs/index.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), 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) All transfers orders or transfer documents must cite the 
specific provision in 40 CFR part 761 that permits continued use of the 
item, and contains a certification that the property has been inspected 
by the transferee and complies with all the use, inspection, labeling, 
and other provisions of 40 CFR part 761.
    (iii) The recipient must annotate its property accountability 
records to reflect the nature and extent of the PCB content and must 
provide the specific authorization covering the use of this item from 
40 CFR part 761. If tests are conducted to ascertain the nature and 
extent of PCB contamination, the recipient must furnish the GSA 
regional office with a copy of the test results. This information will 
be perpetuated on any notification or release document when the agency 
disposes of the property.
    (iv) If PCBs or PCB items are donated to service educational 
activities or to public airports, the Department of Defense and the 
Federal Aviation Administration, respectively, must obtain the warning 
and certification as described in paragraph (e) of this section.
    (v) The recipient certifies to you that the item will be handled 
and disposed of in accordance with EPA regulation 40 CFR part 761, DOT 
regulations 49 CFR parts 171 through 180, and other applicable Federal 
and state laws.
    (2) PCB and PCB items not transferred or donated must be destroyed 
or otherwise disposed of under EPA regulations and applicable state 
laws. 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 (poly- chlorinated biphenyls), 
a toxic environmental contaminant requiring special handling and 
disposal in accordance with the U.S. Environmental Protection Agency 
regulations (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 SASP must have the following certification, or an 
equivalent certification, on all transfer paperwork where PCBs are 
involved.

[[Page 7366]]

WARNING AND CERTIFICATION

    The undersigned donee is aware that the item(s) listed as 
containing polychlorinated biphenyls (PCBs), a toxic environmental 
contaminant, require(s) special handling and 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. 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.
-----------------------------------------------------------------------
Name and title of donee (print or type)
-----------------------------------------------------------------------
Signature of donee


Sec.  102-40.225  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. Federal civil agencies may 
participate in the DOD Precious Metal Recovery Program (PMRP) in 
accordance with this subpart, and have an Inter-Agency Service 
Agreement (ISA) in effect between the Defense Logistics Agency (DLA) 
and individual Federal civil agencies. You may acquire recovered fine 
precious metals as Government Furnished Material or for other 
authorized uses by submitting a request to the Commander, Defense 
Supply Center, Philadelphia (DSCP), 700 Robbins Avenue, Philadelphia, 
Pennsylvania 19111-5096.
    (b) Precious metals will be sold in accordance with this subpart 
and part 102-38 of this subchapter.
    (c) Sales of precious metals will be processed as follows:
    (1) Require a bid deposit appropriate to the circumstances of the 
sale;
    (2) Certify all forms of bid deposit and payments; and
    (3) Include in the invitation for bids only precious and 
semiprecious materials as may be available for sale at that time.
    (d) Each agency generating scrap precious metals and also having a 
continuing need for fine precious metals may arrange for the acceptance 
of scrap precious metals for fine precious metals with a private 
contractor or the DLA.


Sec.  102-40.230  How do we handle universal waste(s) (UWs)?

    When disposing of universal waste, follow the instructions on the 
Web sites below, which contain descriptions of the commodities 
addressed, as well as the handling and disposal requirements from the 
relevant sections of 40 CFR part 273:
    (a) Batteries. http://www.epa.gov/osw/hazard/wastetypes/universal/batteries.htm;
    (b) Pesticides. http://www.epa.gov/epawaste/hazard/wastetypes/universal/pesticides.htm;
    (c) Mercury-containing equipment. http://www.epa.gov/epawaste/hazard/wastetypes/universal/mce.htm; and
    (d) Mercury-containing light bulbs (such as fluorescent bulbs). 
http://www.epa.gov/osw/hazard/wastetypes/universal/lamps/index.htm.


Sec.  102-40.235  How do we handle motor vehicles not suitable for 
highway use?

    Refer to subpart H of part 102-34 of this subchapter for the 
general policies regarding disposal of motor vehicles. Some Government-
owned motor vehicles might receive such extensive damage as a result of 
an accident, event or other activity, that they are no longer suitable 
for utilization, donation, or sale for highway use. Such vehicles may 
only be donated or sold for salvage or scrap. Prior to disposal of 
damaged motor 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. See Sec.  102-34.305 of this subchapter (note 
to Sec.  102-34.305(a)(2)) if the vehicle is not designed or not legal 
for operation on highways.

Appendix A to Part 102-40--Federal Supply Classes (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
                                   base.
9135............................  Liquid propellant fuels & oxidizers,
                                   chemical base.
9140............................  Fuel oils.
9150............................  Oils & greases: cutting, lubricating,
                                   & hydraulic.
9160............................  Misc. waxes, oils, & fats.
------------------------------------------------------------------------

Appendix B to Part 102-40--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 Sec.  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.


[[Page 7367]]



----------------------------------------------------------------------------------------------------------------
                                                                             Examples of hazardous materials
      Federal supply class/group                     Title                      requiring identification
----------------------------------------------------------------------------------------------------------------
1370..................................  Pyrotechnics..................  Warning fuse, fire starter.
1375..................................  Demolition materials..........  Explosive device.
2520..................................  Vehicular power transmission    Items containing asbestos.
                                         components.
2530..................................  Vehicular brake, steering,      Items containing asbestos.
                                         axle, wheel, and track
                                         components.
2540..................................  Vehicular furniture and         Items containing asbestos.
                                         accessories.
2640..................................  Tire rebuilding and tire and    Items containing flammable or toxic
                                         tube repair materials.          compounds.
Group 28..............................  Engines, turbines, and          Engine valves containing metallic
                                         components.                     sodium.
Group 29..............................  Engine accessories............  Engine valves containing metallic
                                                                         sodium.
Group 30..............................  Mechanical power transmission   Equipment containing hazardous hydraulic
                                         equipment.                      fluid, including PCBs.
Group 34..............................  Metalworking machinery........  Equipment containing hazardous hydraulic
                                                                         fluids, including PCBs.
3433..................................  Gas welding, heat cutting, and  Compressed gases.
                                         metalizing equipment.
3439..................................  Miscellaneous welding,          Hazardous items such as cleaners, acids,
                                         soldering, and brazing          flux, and supplies that contain or
                                         supplies and accessories.       produce hazardous fumes.
3610..................................  Printing, duplication, and      Flammable or toxic lithographic
                                         bookbinding equipment.          solutions.
3655..................................  Gas generating and dispensing   Items that produce hazardous fumes.
                                         systems, fixed or mobile.
3680..................................  Foundry machinery, related      Flammable or toxic casting compounds.
                                         equipment and supplies.
4240..................................  Safety and rescue equipment...  Items which involve oxygen, compressed
                                                                         gases, or contain emitting charges.
5610..................................  Mineral construction            Hazardous items such as cutback asphalt,
                                         materials, bulk.                deck and floor covering, deck and
                                                                         surface underlay compound, sealing
                                                                         compound, flight deck compound.
5660..................................  Wallboard, building paper, and  Asbestos cloth which has loose fibers or
                                         thermal insulation materials.   particles that may become airborne and
                                                                         materials containing formaldehyde.
5820..................................  Radio and television            Circuit cooler items that contain gases
                                         communication equipment,        that are regarded as hazardous to the
                                         except airborne.                earth's ozone layer.
5835..................................  Sound recording and             Recording tape cleaners that contain
                                         reproducing equipment.          hazardous cleaning fluids.
5910..................................  Capacitors....................  Items that contain polychlorinated
                                                                         biphenyls (PCBs) or sulfuric acid.
5915..................................  Filters and networks..........  Items that contain polychlorinated
                                                                         biphenyls (PCBs).
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   Tubes that contain radioactive isotopes
                                         hardware.                       and require warning labels and
                                                                         magnetron tubes, which require special
                                                                         precautions when being prepared for air
                                                                         shipment.
5965..................................  Headsets, handsets,             Items containing magnetic material.
                                         microphones, and speakers.
5970..................................  Electrical insulators and       Items containing flammable solvents.
                                         insulating materials.
5975..................................  Electrical hardware and         Items containing asbestos.
                                         supplies.
5985..................................  Antennas, waveguides, and       Kits that contain flammable chemicals.
                                         related equipment.
5999..................................  Miscellaneous electrical and    Contact plates that contain beryllium.
                                         oxide electronic components.
Group 61..............................  Electric wire and power and     Power factor capacitors containing PCBs.
                                         distribution equipment.
6120..................................  Transformers: Distribution and  Transformers containing PCBs.
                                         power station.
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   Items that contain mercury.
                                         fixtures.
6230..................................  Electric portable and hand      Items that contain wet batteries.
                                         lighting equipment.
6240..................................  Electric lamps................  Items that contain mercury.
6260..................................  Nonelectrical lighting          Items that contain mercury.
                                         fixtures.
6350..................................  Miscellaneous signal and        Items that contain wet batteries or
                                         security detection systems.     radioactive material.
6505..................................  Drugs, biologicals, and         Hazardous items as defined in Sec. 102-
                                         official reagents.              40.30.
6508..................................  Medicated cosmetics and         Hazardous items as defined in Sec. 102-
                                         toiletries.                     40.30, subject to DOT Hazardous
                                                                         Materials Regulations.
6510..................................  Surgical dressing materials...  Items containing flammable solvents.
6520..................................  Dental instruments, equipment,  Items containing flammable solvents,
                                         and supplies.                   mercury or asbestos.
6525..................................  X-ray equipment and supplies:   Items containing hazardous chemicals,
                                         medical, dental, veterinary.    solvents.
6625..................................  Electrical and electronic       Items containing radioactive materials.
                                         properties measuring and
                                         testing instruments.
6640..................................  Laboratory equipment and        Items containing flammable compounds,
                                         supplies.                       mercury or asbestos.

[[Page 7368]]

 
6685..................................  Pressure, temperature, and      Items containing mercury or compressed
                                         humidity measuring and          gases.
                                         controlling instruments.
6740..................................  Photographic..................  Items containing radioactive compounds.
6750..................................  Photographic supplies.........  Items containing hazardous chemicals,
                                                                         solvents, thinners, and cements.
6780..................................  Photographic sets, kits, and    Items containing hazardous chemicals,
                                         outfits.                        solvents, thinners, and cements.
7360..................................  Sets, kits, and outfits; food   Items containing compressed gases such
                                         preparation and serving.        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,  Shipping containers and pressurized
                                         and powders.                    containers with flammable or
                                                                         nonflammable propellants.
8520..................................  Toilet soap, shaving            Shipping containers and pressurized
                                         preparations, and dentifrices.  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        Items containing flammable solvents or
                                         nonmetallic materials.          asbestos.
9920..................................  Smokers' articles and matches.  Lighter fuel and matches only.
9930..................................  Memorials; cemeteries and       Items containing formaldehyde or its
                                         mortuary equipment and          solutions.
                                         supplies.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-02538 Filed 2-9-15; 8:45 am]
BILLING CODE 6820-14-P


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