Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules 9679 

of the rule that are not the subject of an 

adverse comment. 

For additional information, see the 

direct final rule which is located in the 

Rules section of this Federal Register. 

Dated: February 6, 2015. 

Wren Stenger, 

Director, Multimedia Planning and Permitting 

Division, Region 6. 

[FR Doc. 2015–03801 Filed 2–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 101–25 and 102–32 

[FPMR Case 2014–101–1; FMR Case 2014– 

102–2; Docket No. 2014–0016; Sequence 

No. 1] 

RIN 3090–AJ50 

Federal Property Management 

Regulations/Federal Management 

Regulation; Supply and Procurement 

AGENCY: Office of Government-wide 

Policy (OGP), General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: GSA is proposing to amend 

the Federal Property Management 

Regulations (FPMR) and the Federal 

Management Regulation (FMR) by 

migrating regulations regarding the 

supply and procurement of Government 

personal property management from the 

FPMR to the FMR. The FPMR will 

contain a cross-reference to direct 

readers to the coverage in the FMR. This 

proposed rule also eliminates material 

that is not regulatory in nature, is overly 

prescriptive, outdated, addressed in 

other policy, or no longer appropriate 

for today’s Government business 

environment. This case is included in 

GSA’s retrospective review of existing 

regulations under Executive Order 

13563. Additional information is 

available at www.gsa.gov/

improvingregulations. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addresses 

shown below on or before April 27, 

2015 to be considered in the formation 

of a final rule. 

ADDRESSES: Submit comments in 

response to FPMR Case 2014–101–1/

FMR Case 2014–102–2 by any of the 

following methods: 

• Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking Portal by 

searching for ‘‘FPMR Case 2014–101– 

1/FMR Case 2014–102–2,’’ and selecting 

the link that corresponds with ‘‘FPMR 

Case 2014–101–1/FMR Case 2014–102– 

2.’’ Follow the instructions provided at 

the ‘‘Comment Now’’ screen. Please 

include your name, company name (if 

any), and ‘‘FPMR Case 2014–101–1/

FMR Case 2014–102–2’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

Division (MVCB), ATTN: Hada Flowers, 

1800 F Street NW., 2nd Floor, 

Washington, DC 20405. 

Instructions: Please submit comments 

only and cite FPMR Case 2014–101– 

1/FMR Case 2014–102–2, on all 

correspondence related to this case. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Robert Holcombe, Office of 

Government-wide Policy, Office of 

Asset and Transportation Management 

(MA), at 202–501–3828. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat (MVCB) at 202–501–4755. 

Please cite FPMR Case 2014–101–1/

FMR Case 2014–102–2. 

SUPPLEMENTARY INFORMATION: 

A. Background 

GSA is proposing to amend the FPMR 

by revising regulations regarding 

Government personal property 

management policies in FPMR 101–25 

(41 CFR part 101–25), and by moving 

these policies to part 102–32 of the FMR 

(41 CFR part 102–32). GSA anticipates 

migrating the remaining parts of FPMR, 

Subchapter E, to succeeding subparts of 

FMR part 102–32. This revision is part 

of GSA’s effort to improve its external 

directives system by reducing the 

number of regulations and rewriting 

them in plain language. This proposed 

rule removes material that is not 

regulatory in nature (such as internal 

GSA operating procedures), is overly 

prescriptive, outdated, addressed in 

other policy, or no longer appropriate 

for today’s Government business 

environment. 

B. Substantive Changes 

The following table provides a 

crosswalk from FPMR part 101–25 (left 

column) to FMR part 102–32 (right 

column). This table identifies where the 

policy provisions of FPMR part 101–25 

will be migrated to in the FMR, and 

explains significant changes or 

deletions. 

Title 41: Public contracts and property management part 101–25— 

general FMR part 102–32—supply and procurement 

§ 101–25.000 Scope of subchapter .......................................................... Revised and added to section 102–32.5.

§ 101–25.001 Scope of part ..................................................................... Deleted as not necessary. 

§ 101–25.100 Use of Government personal property and nonpersonal 

services.

Revised in sections 102–32.20 and 102–32.25. 

§ 101–25.101 Criteria for determining method of supply ......................... Revised in section 102–32.35. Definition of ‘‘use point’’ removed and 

replaced with general terminology. 

§ 101–25.102 Exchange or sale of personal property for replacement 

purposes.

Deleted because this topic is addressed in FMR part 102–39. 

§ 101–25.103 Promotional materials, trading stamps, or bonus goods ... Deleted. Items addressed in this Subpart are treated the same as other 

personal property and disposed of accordingly. 

§ 101–25.104 Acquisition of office furniture and office machines ............ Deleted as being too prescriptive; refer to the Federal Acquisition Regulation (FAR) for general policies on acquisition. The prohibition 

against acquiring unnecessary items is retained in section 102– 

32.30. 

§ 101–25.105 [Reserved] .......................................................................... Deleted. 

§ 101–25.106 Servicing of office machines .............................................. Deleted as being too prescriptive. 

§ 101–25.107 Guidelines for requisitioning and proper use of 

consumable or low cost items.

Policy summarized in section 102–32.45. 

§ 101–25.108 Multiyear subscriptions for publications ............................. Deleted, refer to the FAR for requirements determination and structuring a procurement. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
9680 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules 

Title 41: Public contracts and property management part 101–25— 

general FMR part 102–32—supply and procurement 

§ 101–25.109 Laboratory and research equipment ................................. Policy summarized in section 102–32.40 and generalized to include all 

types of facilities and activities, not just laboratories and research facilities. 

§ 101–25.110 Tire identification/registration program .............................. Deleted. Federal motor vehicle policy is found in FMR part 102–34. 

§ 101–25.111 Environmental impact policy .............................................. Deleted because this section simply explains that environmental policies and practices are part of GSA’s policies. 

§ 101–25.112 Energy conservation policy ................................................ Deleted because conservation and efficiency is contained in other Federal law and policy addressing the procurement, management, and 

disposal of personal property and nonpersonal services. For example, see the Energy Policy Act (EPACT) laws and related Executive 

Orders (E.O.) (e.g., E.O. 13423 and E.O. 13514). 

§ 101–25.113 [Reserved] .......................................................................... Deleted. 

§ 101–25.114 Supply management surveys and assistance ................... Necessary policy summarized in section 102–32.50. 

Subpart 101–25.2 Interagency Purchase Assignments ........................... Deleted. This policy is provided in FAR Subpart 17.5; Interagency Acquisitions. 

Subpart 101–25.3 Use Standards ............................................................ Necessary policy summarized in section 102–32.55; overly-prescriptive 

policy is deleted. 

Subpart 101–25.4 Replacement Standards ............................................. Necessary policy summarized in section 102–32.55; overly-prescriptive 

policy is deleted. 

Subpart 101–25.5 Purchase or Lease Determinations ............................ Deleted as unnecessary. 

Subparts 101–25.6 through 101–25.49 [Reserved] ................................. Deleted ‘‘reserved’’ sections. 

C. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 of 

September 30, 1993 (‘‘Regulatory 

Planning and Review’’), and 13563 of 

January 18, 2011 (‘‘Improving 

Regulation and Regulatory Review’’), 

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 

proposed rule is not a significant 

regulatory action, and therefore, is not 

subject to review under Section 6(b) of 

E.O. 12866. This proposed rule is not a 

major rule under 5 U.S.C. 804. 

D. Regulatory Flexibility Act 

This proposed 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 

proposed rule is also exempt from the 

Administrative Procedure Act per 5 

U.S.C. 553(a)(2) because it applies to 

agency management or personnel or to 

public property. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because this proposed rule 

does not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public which require the approval of the 

Office of Management and Budget 

(OMB) under 44 U.S.C. 3501, et seq. 

F. Small Business Regulatory 

Enforcement Fairness Act 

This proposed rule is exempt from 

Congressional review under 5 U.S.C. 

801 since it relates solely to agency 

management or personnel and does not 

substantially affect the rights or 

obligations of non-agency parties. 

List of Subjects in Parts 101–25 and 

102–32 

Public contracts, Management of 

property. 

Dated: February 6, 2015. 

Christine J. Harada, 

Associate Administrator, Office of 

Government-wide Policy. 

For the reasons set forth in the 

preamble, GSA proposes to amend 41 

CFR chapters 101 and 102 as follows: 

CHAPTER 101—FEDERAL PROPERTY 

MANAGEMENT REGULATIONS 

PART 101–25—GENERAL 

■ 1. Revise the authority citation for part 

101–25 to read as follows: 

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

506(a). 

■ 2. Revise § 101–25 to read as follows: 

§ 101–25 Cross-reference to the Federal 

Management Regulation (FMR) (41 CFR 

parts 102–1 through 102–220). 

For information on the supply and 

procurement of personal property 

previously contained in this part, see 

FMR part 102–32 (41 CFR part 102–32). 

CHAPTER 102—FEDERAL MANAGEMENT 

REGULATION 

SUBCHAPTER B—PERSONAL PROPERTY 

■ 3. Add part 102–32 to subchapter B of 

chapter 102 to read as follows: 

PART 102–32—SUPPLY AND 

PROCUREMENT 

Sec. 

102–32.5 What is the purpose of this part? 

102–32.10 How does this part use ‘‘I,’’ 

‘‘me,’’ and ‘‘you’’? 

102–32.15 How does this part apply to my 

agency? 

102–32.20 What definitions apply to this 

part? 

102–32.25 How may I use Government 

personal property and services? 

102–32.30 How must I acquire personal 

property? 

102–32.35 How do I determine the best 

method of supply? 

102–32.40 What processes are available to 

effectively manage agency personal 

property assets? 

102–32.45 How do I manage low-value 

Federal personal property? 

102–32.50 What are supply management 

surveys? 

102–32.55 What are Use and Replacement 

Standards? 

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

506(a). 

§ 102–32.5 What is the purpose of this 

part? 

This part provides policy for the 

effective and efficient supply and 

procurement of personal property items 

necessary to support the programs of the 

Federal Government, as well as the use 

of Federal personal property assets to 

preserve agency funds and contribute to 

the accomplishment of agency missions. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules 9681 

§ 102–32.10 How does this part use ‘‘I,’’ 

‘‘me,’’ and ‘‘you’’? 

This part uses ‘‘I,’’ ‘‘me,’’ and ‘‘you’’ 

to refer to executive agency personnel. 

When referring to the organization, the 

term ‘‘agency’’ is used. 

§ 102–32.15 How does this part apply to 

my agency? 

All executive agencies and personnel, 

including the Department of Defense, 

must follow the policies in this part 

unless specifically exempted by 

separate statute or regulation. 

§ 102–32.20 What definitions apply to this 

part? 

The following definitions apply to 

this part: 

Equipment Pool means the collection, 

at a central point, of equipment under 

control for short term issue to 

individuals or organizations. 

Method of supply means the process 

for an agency to obtain those items of 

personal property needed to fulfill the 

agency’s mission. 

Nonpersonal services, as defined at 40 

U.S.C. 472 means such contractual 

services, other than personal and 

professional services, under which the 

personnel rendering the services are not 

subject, either by the contract’s terms or 

by the manner of its administration, to 

the supervision and control usually 

prevailing in relationships between the 

Government and its employees. 

Voluntary Consensus Standards 

means standards developed or adopted 

by bodies (which are domestic or 

international organizations which plan, 

develop, establish, or coordinate 

standards using agreed-upon 

procedures), and which include 

provisions requiring that owners of 

relevant intellectual property agree to 

make intellectual property available on 

a non-discriminatory, royalty-free or 

reasonable royalty basis to all interested 

parties (see OMB Circular A–119 at 

http://www.whitehouse.gov/omb/

circulars_a119/). 

§ 102–32.25 How may I use Government 

personal property and services? 

Except in emergencies, Government 

personal property and nonpersonal 

services shall be used only for those 

purposes for which they were obtained 

or for other officially designated agency 

purposes. Emergency conditions are 

those threatening loss of life and 

property. This includes property and 

services on interagency loan as well as 

property leased by agencies. 

§ 102–32.30 How must I acquire personal 

property? 

Personal property (as defined in FMR 

102–36.40), must be acquired only to 

fulfill an official purpose, and be 

acquired so as to minimize the cost and 

maximize the utility to the Federal 

Government, reasonably considering 

alternative items and acquisition 

methods in accordance with the Federal 

Acquisition Regulation (FAR), 48 CFR 

1.000, et seq., or other applicable law. 

Each executive agency shall determine 

whether using currently owned items 

can meet the requirements of the agency 

prior to the acquisition of new items. 

Each executive agency shall also, to the 

extent practicable, use excess personal 

property from other agencies before 

acquiring new items. 

§ 102–32.35 How do I determine the best 

method of supply? 

When acquiring supplies, you must 

determine and utilize the method of 

supply that is most advantageous to the 

Federal Government. You must consider 

the costs and benefits of the various 

supply methods and all orders must be 

within the planned requirements for 

use. General supply methods include, 

but are not limited to supply through: 

(a) Storage and issue—where an item 

can be most advantageously supplied 

through storage and issued accordingly; 

(b) Consolidated purchase for direct 

delivery to storage or redistribution 

locations—where an item can be most 

advantageously supplied through 

consolidated purchase for direct 

delivery; 

(c) Indefinite quantity requirement 

contracts—where an item can be most 

advantageously supplied through 

indefinite quantity requirement 

contracts covering specific periods and 

providing for delivery (see FAR Subpart 

16.5)); and 

(d) Local purchase—where the local 

purchase is within applicable limitation 

established by the agency head and will 

produce the greatest economy to the 

Government. 

§ 102–32.40 What processes are available 

to effectively manage agency personal 

property assets? 

You should establish any necessary 

policies, procedures, and controls to 

effectively manage your agency’s 

personal property, so that you can 

determine whether your agency’s 

requirements can be met by using 

existing personal property, instead of 

procuring similar equipment. Agencies 

should consider: 

(a) Identifying idle and unnecessary 

assets. You should conduct inspection 

tours of agency facilities on a scheduled 

basis, annually, if feasible, but no less 

than every 3 years, for the purpose of 

identifying idle and unnecessary assets; 

and 

(b) Establishing equipment pools. You 

should establish equipment pools to 

minimize the investment in commonlyused assets typically used by many 

employees within a geographic area. 

§ 102–32.45 How do I manage low-value 

Federal personal property? 

Your agency must determine the 

threshold for which property is 

considered accountable. Low-value 

personal property is any asset valued at 

less than this accountability threshold. 

Low-value personal property is 

‘‘expendable’’ and may be handled by: 

(a) Restricting approval of requisitions 

for replenishment of storeroom stocks to 

officials at a responsible supervisory 

level to ensure that supply requirements 

are justified based on need and quantity; 

(b) Establishing adequate safeguards 

and controls to ensure that expendable 

supplies are used for official use only; 

and 

(c) Giving special attention and care 

to those consumable or low cost items 

when issues are excessive compared to 

normal program needs. 

§ 102–32.50 What are supply management 

surveys? 

Under the provisions of 40 U.S.C. 506, 

GSA may perform surveys of 

Government property and property 

management practices of executive 

agencies. These surveys will be 

conducted in connection with regular 

studies of agency supply management 

practices or when providing assistance 

in the development of agency property 

accounting systems. As appropriate, 

GSA will provide written reports of 

findings and recommendations to 

agency heads. 

§ 102–32.55 What are Use and 

Replacement Standards? 

Use and Replacement Standards are 

procedures designed to maximize the 

effectiveness of asset inventories and to 

reduce costs. Agencies are encouraged 

to implement agency-specific 

procedures for personal property assets 

when appropriate. 

(a) Use Standards limit the amount 

and type of property held by the 

organization to the minimum 

requirements necessary for the efficient 

functioning of the organization. An 

example of a Government-wide Use 

Standard methodology is described in 

FMR Bulletin B–30, relating to the 

management of motor vehicle assets. 

(Bulletins may be found at 

www.gsa.gov/bulletins). Considering the 

methodology in this Bulletin for the 

management of other assets will guide 

the agency to a more cost-effective 

operation. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
9682 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules 

(b) Replacement Standards guide 

agencies to consider an effective 

replacement strategy for Government 

personal property items. For example, 

an agency may designate a type of item 

to be replaced every three years, based 

upon the expected trends of reliability, 

maintenance costs, and usefulness as 

the item ages. However, actual 

replacement decisions should also 

consider the condition of the item. 

(c) Agencies should consider 

voluntary consensus standards, industry 

standards, and Federal best-practices in 

developing Use and Replacement 

Standards. Factors to consider when 

choosing standards to use are outlined 

in OMB Circular A–119, ‘‘Federal 

Participation in the Development and 

Use of Voluntary Consensus Standards 

and in Conformity Assessment 

Activities.’’ Voluntary consensus 

standards must be used in lieu of 

Government-unique standards unless 

such use would be inconsistent with 

applicable law or regulation, or be 

otherwise impractical. 

[FR Doc. 2015–03484 Filed 2–23–15; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 226 

[Docket No. 140407321–5096–02] 

RIN 0648–XD233 

Listing Endangered or Threatened 

Species; 12-Month Finding on a 

Petition To Revise the Critical Habitat 

Designation for the Southern Resident 

Killer Whale Distinct Population 

Segment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of 12-month finding. 

SUMMARY: We, the National Marine 

Fisheries Service (NMFS), announce a 

12-month finding on a petition from the 

Center for Biological Diversity to revise 

the critical habitat designation for the 

Southern Resident killer whale (Orcinus 

orca) Distinct Population Segment (DPS) 

under the Endangered Species Act 

(ESA). In November 2006 we issued a 

final rule designating approximately 

2,560 square miles (6,630 square km) of 

inland waters of Washington State as 

critical habitat for the Southern 

Resident killer whale DPS. The January 

2014 petition requests we revise this 

critical habitat to include Pacific Ocean 

marine waters along the West Coast of 

the United States that constitute 

essential foraging and wintering areas 

for Southern Resident killer whales. 

Additionally, the petition requests that 

we adopt as a primary constituent 

element (PCE), for both currently 

designated critical habitat and the 

proposed revised critical habitat, 

protective in-water sound levels. The 

ESA defines a process for responding to 

petitions to revise critical habitat. We 

have reviewed the public comments and 

best available information on Southern 

Resident killer whale habitat use and as 

the next step in the response to the 

petition process defined in the ESA, this 

12-month determination describes how 

we intend to proceed with the requested 

revision. 

DATES: The finding announced in this 

document was made on February 24, 

2015. 

ADDRESSES: Copies of the petition, 90- 

day finding, and the list of references 

are available online at: http://

www.westcoast.fisheries.noaa.gov/

protected_species/marine_mammals/

killer_whale/esa_status.html 

Requests for copies of this 

determination should be addressed to: 

NMFS, West Coast Region, Protected 

Resources Division, 7600 Sand Point 

Way NE., Seattle, WA 98115. 

Attention—Lynne Barre, Seattle Branch 

Chief. 

FOR FURTHER INFORMATION CONTACT: 

Lynne Barre, NMFS West Coast Region, 

(206) 526–4745; or Dwayne Meadows, 

NMFS Office of Protected Resources, 

(301) 427–8403. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 21, 2014, we received a 

petition from the Center for Biological 

Diversity requesting revisions to the 

critical habitat designation for the 

Southern Resident killer whale DPS. 

That requested revision sets in motion 

a process for agency response defined in 

the ESA and explained below. 

The ESA defines critical habitat under 

section 3(5)(A) as: ‘‘(i) the specific areas 

within the geographical area currently 

occupied by the species, at the time it 

is listed . . . on which are found those 

physical or biological features (I) 

essential to the conservation of the 

species and (II) which may require 

special management considerations or 

protection; and (ii) specific areas 

outside the geographical area occupied 

by the species at the time it is listed 

upon a determination by the Secretary 

that such areas are essential for the 

conservation of the species.’’ 

Joint NMFS-Fish and Wildlife Service 

(FWS) regulations for designating 

critical habitat at 50 CFR 424.12(b) state 

that the agencies ‘‘shall consider those 

physical and biological features that are 

essential to the conservation of a given 

species and that may require special 

management considerations or 

protection (hereafter also referred to as 

‘Essential Features’ or ‘Primary 

Constituent Elements’/PCEs’).’’ Pursuant 

to these regulations, such features 

include, but are not limited to space for 

individual and population growth, and 

normal behavior; food, water, air, light, 

minerals, or other nutritional or 

physiological requirements; cover or 

shelter; sites for breeding, reproduction, 

rearing of offspring; and habitats that are 

protected from disturbance or are 

representative of the historic 

geographical and ecological distribution 

of a species. When considering the 

designation of critical habitat, we focus 

on the principal biological or physical 

constituent elements, known as primary 

constituent elements (PCEs). PCEs may 

include, but are not limited to: nesting 

grounds, feeding sites, water quality, 

tide, and geological formation. Our 

implementing regulations (50 CFR 

424.02) define ‘‘special management 

considerations or protection’’ as any 

method or procedure useful in 

protecting physical and biological 

features of the environment for the 

conservation of the species. 

Section 4(b)(2) of the ESA requires us 

to designate and make revisions to 

critical habitat for listed species based 

on the best scientific data available and 

after taking into consideration the 

economic impact, the impact on 

national security, and any other relevant 

impact, of specifying any particular area 

as critical habitat. The Secretary of 

Commerce may exclude any particular 

area from critical habitat if he 

determines that the benefits of such 

exclusion outweigh the benefits of 

specifying such area as part of the 

critical habitat, unless she determines 

that the failure to designate such area as 

critical habitat will result in the 

extinction of the species concerned. 

NMFS and FWS have recently 

published proposed rules to implement 

changes to the regulations for 

designating critical habitat. The 

proposed amendments would make 

minor edits to the scope and purpose, 

add and remove some definitions (e.g., 

geographic area and essential features), 

and clarify the criteria for designating 

critical habitat (79 FR 27066; May 12, 

2014). We will incorporate any relevant 

final regulations and guidance into our 

process for revising critical habitat. 


tkelley on DSK3SPTVN1PROD with PROPOSALS