7352 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

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. 

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 Governmentowned 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 

■ 1. Revise the citation authority for part 

101–42 to read as follows: 

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

■ 2. Revise the heading for part 101–42 

as set forth above. 

■ 3. Revise § 101–42.000 to read as 

follows: 

§ 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 

■ 4. The authority citation for part 101– 

45 continues to read as follows: 

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

■ 5. Amend § 101–45.000 by adding a 

second sentence to the paragraph text to 

read as follows: 

§ 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). 

§ 101–45.003 [Removed] 

■ 6. Section 101–45.003 is removed. 

CHAPTER 102—FEDERAL MANAGEMENT 

REGULATIONS 

SUBCHAPTER B—PERSONAL PROPERTY 

■ 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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7354 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

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 acidcontaminated and explosivecontaminated 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 leadcontaining paints and items bearing leadcontaining 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 

§ 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 §§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 102–40.25 How do we request a 

deviation from these requirements and who 

can approve it? 

See §§ 102–2.60 through 102–2.110 of 

this chapter to request a deviation from 

the requirements of this part. 

Definitions 

§ 102–40.30 What definitions apply to this 

part? 

The following definitions apply to 

this part: 

Acid-contaminated property means 

property that may cause burns or 

toxicosis when improperly handled due 

to acid residues adhering to or trapped 

within the material. 

Ammunition 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 noncertification 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 CommissionControlled Material means material 

subject to the controls of the Nuclear 


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7356 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

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 

§ 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. 

§ 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. 

§ 102–40.45 What must we do when we 

have identified personal property with 

special handling requirements? 

You must properly mark, tag, or label 

personal property with special handling 

requirements in accordance with 

applicable Federal law, including the 

Occupational Safety and Health 

Administration requirements (29 CFR 

1910.1200), regarding the actual or 

potential hazard associated with the 

property, and ensure that such 

information is maintained and 

perpetuated in the official agency 

property records. Labeling requirements 

for substances that are excluded from 

the requirements of 29 CFR 1910.1200 

are found in the references listed in 29 

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

§ 102–40.50 What must we do when we no 

longer need personal property with special 

handling requirements? 

Except for the items listed in § 102– 

40.55, you must report excess personal 

property with special handling 

requirements that you no longer need to 

GSA for Federal and donation screening 

(see § 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 § 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. 

§ 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. 


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However, if time and circumstances 

permit, this material may be reported to 

GSA to optimize use of this alreadyacquired 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 § 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 § 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. 

§ 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. 

§ 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 § 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 

§ 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). 

§ 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. 

§ 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. 

lllllllllllllllllllll

Name and title of Donee (print or type) 


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lllllllllllllllllllll

Signature of Donee 

§ 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. 

§ 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 

§ 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. 

§ 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. 

§ 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. 

lllllllllllllllllllll

Name of bidder (print or type) 

lllllllllllllllllllll

Signature of bidder 

§ 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 § 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. 

§ 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. 

§ 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 


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abandonment or destruction of property 

in §§ 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 

§ 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 

§ 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 §§ 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. 

§ 102–40.135 How do we manage acidcontaminated and explosive-contaminated 

property? 

(a) Acid-contaminated or explosivecontaminated 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 § 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 § 102–40.45 and 

should not be abandoned. When 

destroyed, such destruction should be 

accomplished under § 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. 

lllllllllllllllllllll

Name of purchaser (print or type) 

lllllllllllllllllllll

Signature of purchaser 

§ 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 

§§ 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. 

lllllllllllllllllllll

Name and title of Donee (print or type) 

lllllllllllllllllllll

Signature of Donee 

§ 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. llcontains 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. 

lllllllllllllllllllll

License issuing authority and license number 

lllllllllllllllllllll

Name of bidder (print or type) 

lllllllllllllllllllll


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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 § 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. 

§ 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 § 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. 

§ 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 § 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 caseby-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). 

§ 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 


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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: ll. 

This certification is made in accordance 

with and subject to the penalties of Title 18, 

Section 1001, United States Code, Crime and 

Criminal procedures. 

lllllllllllllllllllll

Name of bidder (print or type) 

lllllllllllllllllllll

Signature of bidder 

lllllllllllllllllllll

Address of bidder (print or type) 

lllllllllllllllllllll

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: lll 

lllllllllllllllllllll

Manner in which destruction was performed 

lllllllllllllllllllll

Date 

lllllllllllllllllllll

Witness 

lllllllllllllllllllll

Date 

lllllllllllllllllllll

Witness 

lllllllllllllllllllll

Date 

§ 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: lll 

lllllllllllllllllllll

Manner in which destruction was performed 

lllllllllllllllllllll

Date 

lllllllllllllllllllll

Witness 

lllllllllllllllllllll

Date 

lllllllllllllllllllll

Witness 

lllllllllllllllllllll

Date 

(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 


rljohnson on DSK3VPTVN1PROD with RULES
7362 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

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. 

lllllllllllllllllllll

Name of bidder (print or type) 

lllllllllllllllllllll

Signature of bidder 

lllllllllllllllllllll

Address of bidder (print or type) 

lllllllllllllllllllll

City, State, Zip code 

§ 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. 

lllllllllllllllllllll

Name of Donee (print or type) 

lllllllllllllllllllll

Signature of Donee 

(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 

lllllllllllllllllllll

Name of purchaser or donee (print or type) 

lllllllllllllllllllll

Signature of purchaser or donee 

(h) Additionally, noncertified and 

certified electronic products must be 

abandoned under the provisions of 

§ 102–40.125. 

§ 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 § 102–36.240 of 

this subchapter). Only eligible law 

enforcement entities whose primary 


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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 FIRE_TECH@atf.gov. 

(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 § 102– 

41.195 of this subchapter. GSA will 

direct the disposition of these firearms 

under this section. 

§ 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 GSAprocured hazardous materials. To 

request an MSDS, you may send an 

email to MSDS@gsa.gov, 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. 


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(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 §§ 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. 

§ 102–40.185 How do we handle leadcontaining paints and items bearing leadcontaining 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 leadcontaining 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. 

lllllllllllllllllllll

Name of donee (print or type) 

lllllllllllllllllllll

Signature of donee 

(d) When selling lead-containing 

paint or items bearing lead-containing 

paint, the sales terms and sales 

documentation must include this 

certification, or an equivalent 

certification. Failure to sign the 

certification where it appears as a sales 

term may result in the bid being rejected 

as nonresponsive: 

I, the undersigned, certify that I have read 

and fully comprehend the aforementioned 

terms and conditions of this sale. I shall 

comply with the applicable Consumer 

Product Safety Commission regulations set 

forth in 16 CFR part 1303 if I am the 

successful bidder. I further agree the United 

States shall not be liable for personal injuries 

to, disabilities of, or death of any persons 

arising from or incident to the sale of this 

property, its uses or its final disposition; and 

to hold the United States harmless from, and 

shall indemnify the United States against, 

any or all debts, liabilities, judgments, costs, 

demands, suits, actions, or claims of any 

nature arising from or incident to the sale of 

this property, its use, or its final disposition. 

lllllllllllllllllllll

Name of bidder (print or type) 

lllllllllllllllllllll

Signature of bidder 

§ 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. 

§ 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 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 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. 

§ 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 enduse 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. 

§ 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. 

§ 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. 

§ 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: 

DSCR.ODSReserve@dla.mil; phone: 

(804) 279–3064. Additional guidance is 

available from EPA at: http://

www.epa.gov/ozone/title6/608/

608fact.html#overview. 

§ 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 (polychlorinated 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. 


rljohnson on DSK3VPTVN1PROD with RULES
7366 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

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. 

lllllllllllllllllllll

Name and title of donee (print or type) 

lllllllllllllllllllll

Signature of donee 

§ 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. 

§ 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. 

§ 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 

§ 102–34.305 of this subchapter (note to 

§ 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 § 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. 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 7367 

Federal supply class/

group Title Examples of hazardous materials requiring identification 

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

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

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

2530 .............................. Vehicular brake, steering, axle, wheel, and 

track components.

Items containing asbestos. 

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

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

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

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

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

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

3433 .............................. Gas welding, heat cutting, and metalizing 

equipment.

Compressed gases. 

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

supplies and accessories.

Hazardous items such as cleaners, acids, flux, and supplies that contain or produce hazardous fumes. 

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

3655 .............................. Gas generating and dispensing systems, fixed 

or mobile.

Items that produce hazardous fumes. 

3680 .............................. Foundry machinery, related equipment and 

supplies.

Flammable or toxic casting compounds. 

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

charges. 

5610 .............................. Mineral construction materials, bulk ................ Hazardous items such as cutback asphalt, deck and floor covering, 

deck and surface underlay compound, sealing compound, flight 

deck compound. 

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

airborne and materials containing formaldehyde. 

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

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

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

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

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

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

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

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

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

5960 .............................. Electron tubes and associated hardware ........ Tubes that contain radioactive isotopes and require warning labels 

and magnetron tubes, which require special precautions when 

being prepared for air shipment. 

5965 .............................. Headsets, handsets, microphones, and 

speakers.

Items containing magnetic material. 

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

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

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

5999 .............................. Miscellaneous electrical and oxide electronic 

components.

Contact plates that contain beryllium. 

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

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

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

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

compounds. 

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

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

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

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

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

6350 .............................. Miscellaneous signal and security detection 

systems.

Items that contain wet batteries or radioactive material. 

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

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

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

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

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

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

and testing instruments.

Items containing radioactive materials. 

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


rljohnson on DSK3VPTVN1PROD with RULES
7368 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

1See a copy of the NPRM at https://

www.federalregister.gov/articles/2011/03/18/2011- 

6326/head-start-program. 

2See The Improving Head Start for School 

Readiness Act of 2007, Public Law 110–134, 

December 12, 2007 at http://www.govtrack.us/

congress/bills/110/hr1429/text . 

Federal supply class/

group Title Examples of hazardous materials requiring identification 

6685 .............................. Pressure, temperature, and humidity measuring and controlling instruments.Items containing mercury or compressed gases. 

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

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

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

7360 .............................. Sets, kits, and outfits; food preparation and 

serving.

Items containing compressed gases such as fire extinguishers. 

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

and varnishes. 

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

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

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

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

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

nonflammable propellants. 

8520 .............................. Toilet soap, shaving preparations, and 

dentifrices.

Shipping containers and pressurized containers with flammable or 

nonflammable propellants. 

8720 .............................. Fertilizers .......................................................... Items containing weed and pest control or other harmful ingredients 

or because of their composition, are hazardous. 

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

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

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

[FR Doc. 2015–02538 Filed 2–9–15; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 1305 

RIN 0970–AC46 

Head Start Program 

AGENCY: Office of Head Start (OHS), 

Administration for Children and 

Families (ACF), Department of Health 

and Human Services (HHS). 

ACTION: Final rule. 

SUMMARY: This rule will ensure the 

neediest children and families in our 

country benefit from Head Start services 

first. 

DATES: This final rule becomes effective 

March 12, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Colleen Rathgeb, Office of Head Start, 

202–205–7378 (not a toll-free call). Deaf 

and hearing impaired individuals may 

call the Federal Dual Party Relay 

Service at 1–800–877–8339 between 8 

a.m. and 7 p.m. Eastern Time. 

SUPPLEMENTARY INFORMATION: 

I. Program Purpose 

The national Head Start program 

funds local organizations to provide 

comprehensive school readiness 

services to preschool-age children from 

low-income families. These services 

enhance children’s social and cognitive 

development, through health, 

educational, nutritional and other social 

services. These services also are 

designed to respond to children’s 

ethnic, cultural, and linguistic heritages. 

Many Head Start programs also provide 

Early Head Start, which serves infants, 

toddlers, and pregnant women whose 

families have incomes below the 

Federal poverty level. 

II. Background 

We published a Notice of Proposed 

Rulemaking (NPRM) on March 18, 2011 

to propose provisions that ensure only 

the neediest families receive Head Start 

services first.1 We received great 

feedback during the 30-day comment 

period and, in response, made changes, 

where appropriate. These changes 

clarify Head Start’s eligibility 

procedures and enrollment 

requirements, and reinforce Head Start’s 

overall mission to support low-income 

families and early learning. We believe 

this final rule, which is published under 

the authority granted to the Secretary of 

Health and Human Services under the 

Head Start Act (Act) 2 at sections 644(c), 

645(a)(1)(A), and 645A(c), provides a 

balanced approach to program 

administration, improves overall 

program effectiveness, and better aligns 

us with current practices in the field. 

III. General Comments and the Final 

Rule 

We received comments in general 

about this rule. Below, we summarized 

the comments and responded to them 

accordingly. 

Comment: Many commenters 

supported the notice of proposed 

rulemaking. They believe the rule 

strengthens Head Start programs and 

program accountability. Some programs 

currently verify eligibility in a similar 

manner to what we proposed. In 

addition, a national organization asked 

us to consider five guiding principles— 

accountability, efficiency, clarity, do no 

harm, and flexibility. 

Response: We appreciate the positive 

comments, and we believe we have met 

the five guiding principles. In this final 

rule, we include provisions that 

improve Federal oversight and ensure 

accountability for purposes consistent 

with the Act. We make the process 

programs must use to determine 

eligibility more efficient and clear so 

there is less room for programs to err. 

The ‘‘do no harm’’ principle derives 

from medical ethics. It reminds health 

care providers to consider the possible 

harm that any intervention might do. 

We carefully considered any possible 

harm that this regulation might do. 

Finally, we are less prescriptive so as to 


rljohnson on DSK3VPTVN1PROD with RULES