Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules 104493 

TSCA section 6(b)(4)(F), including peerreview of scientific information, 

technical procedures, measures, 

methods, protocols, methodologies, or 

models used in the evaluation, 

employed in a manner consistent with 

the best available science, in accordance 

with TSCA section 26(h). 

V. References 

The following is a list of the 

documents that are specifically 

referenced in this document. The docket 

includes these references and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are included 

in the docket, even if the reference is 

not physically located in the docket. For 

assistance in locating these other 

documents, please consult the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

1. Ecology Center. TSCA Section 21 Petition 

Requesting EPA to Establish Regulations 

Prohibiting the Manufacture, Processing, 

and Distribution in Commerce of Lead 

Wheel Balancing Weights. May 28, 2009. 

https://www.epa.gov/sites/default/files/ 

2015-10/documents/petition4.pdf. 

2. United States Court of Appeals for the 

Ninth Circuit. Petition for Writ of 

Mandamus. August 22, 2023. https://

www.epa.gov/system/files/documents/ 

2024-01/petition-for-review.pdf. 

3. U.S. EPA. Lead Wheel Weights; Regulatory 

Investigation Under the Toxic 

Substances Control Act (TSCA). Federal 

Register. 89 FR 22972, April 3, 2024 

(FRL–5398–05–OCSPP). https://

www.govinfo.gov/content/pkg/FR-2024- 

04-03/pdf/2024-06804.pdf. 

4. U.S. EPA. Technical Support Document for 

Lead Wheel Weights. December 2024. 

5. Comment submitted by Alliance for 

Automotive Innovation. May 9, 2024. 

https://www.regulations.gov/comment/ 

EPA-HQ-OPPT-2024-0085-0037. 

6. Abt. Memo, Estimated Volume of LWW 

Imports, Manufacture, and Use. July 23, 

2024. 

7. U.S. EPA. Lead Wheel Balancing Weights; 

TSCA Section 21 Petition; Notice of 

Receipt and Request for Comment. 

Federal Register. 74 FR 34342, July 15, 

2009 (FRL–8424–7). https://

www.govinfo.gov/content/pkg/FR-2009- 

07-15/pdf/E9-16815.pdf. 

8. U.S. EPA. EPA Response to TSCA Section 

21 Petition. August 26, 2009. https://

www.epa.gov/sites/default/files/2015-10/ 

documents/document.pdf. 

9. U.S. EPA. Integrated Science Assessment 

for Lead. July 2013. https://

assessments.epa.gov/isa/document/ 

&deid%3D255721. 

10. U.S. EPA. Proposed rule. Reconsideration 

of the Dust-Lead Hazard Standards and 

Dust-Lead Post-Abatement Clearance 

Levels. Federal Register. 88 FR 50444, 

August 1, 2023 (FRL–8524–01–OCSPP). 

https://www.govinfo.gov/content/pkg/ 

FR-2023-08-01/pdf/2023-15073.pdf. 

11. U.S. EPA. Lead Wheel Weight Docket. 

https://www.regulations.gov/docket/ 

EPA-HQ-OPPT-2024-0085. 

12. Comment submitted by Ecology Center et 

al. May 10, 2024. https://

www.regulations.gov/comment/EPA-HQOPPT-2024-0085-0058. 

13. Comment submitted by Project TENDR 

(Targeting Environmental NeuroDevelopment Risks), The Arc of the U.S. 

May 9, 2024. https://

www.regulations.gov/comment/EPA-HQOPPT-2024-0085-0039. 

14. Canada Gazette. Prohibition of the 

Manufacture and Importation of Wheel 

Weights Containing Lead Regulations. 

Part II, Volume 157, Number 4. February 

3, 2023. https://gazette.gc.ca/rp-pr/p2/ 

2023/2023-02-15/html/sor-dors15- 

eng.html. 

15. Comment submitted by Steel 

Manufacturers Association (SMA). May 

9, 2024. https://www.regulations.gov/ 

comment/EPA-HQ-OPPT-2024-0085- 

0038. 

16. Comment submitted by Recycled 

Materials Association (ReMA). May 9, 

2024. https://www.regulations.gov/ 

comment/EPA-HQ-OPPT-2024-0085- 

0041. 

17. Comment submitted by Association of 

Battery Recyclers, Inc. (ABR), Battery 

Council International (BCI), and 

International Lead Association (ILA). 

May 10, 2024. https://

www.regulations.gov/comment/EPA-HQOPPT-2024-0085-0057. 

18. Root RA. Lead loading of urban streets by 

motor vehicle wheel weights. Environ 

Health Perspect. 2000 Oct;108(10):937– 

40. doi: 10.1289/ehp.00108937. PMID: 

11049812; PMCID: PMC1240125. 

19. U.S. EPA. Ambient Water Quality Criteria 

for Lead—1984. EPA–400/5–84–027. 

Washington, DC: Office of Water, 

Regulations and Standards Criteria and 

Standards Division. January 1985. 

20. U.S. EPA. Integrated Science Assessment 

for Lead. January 2024. https://

assessments.epa.gov/isa/document/ 

&deid%3D359536. 

21. Lanphear et al. Low-level environmental 

lead exposure and children’s intellectual 

function: an international pooled 

analysis. Environ Health Perspect. 2005 

Jul;113(7):894–9. doi: 10.1289/ehp.7688. 

22. Lanphear et al. Erratum: Low-Level 

Environmental Lead Exposure and 

Children’s Intellectual Function: An 

International Pooled Analysis. Environ 

Health Perspect. 2019 Sep;127(9):99001. 

doi: 10.1289/EHP5685. PMID: 16002379; 

PMCID: PMC1257652. 

23. President’s Task Force on Environmental 

Health Risks and Safety Risks to 

Children. 2018. The Federal Action Plan 

to Reduce Childhood Lead Exposures 

and Associated Health Impacts. https:// 

ptfcehs.niehs.nih.gov/sites/niehs-ptfceh/ 

files/resources/lead_action_plan_

508.pdf. 

24. U.S. EPA. Procedures for Chemical Risk 

Evaluation Under the Toxic Substances 

Control Act (TSCA). Federal Register. 89 

FR 37028, May 3, 2024 (FRL–8529–02– 

OCSPP). https://www.govinfo.gov/ 

content/pkg/FR-2024-05-03/pdf/2024- 

09417.pdf. 

25. U.S. EPA. TSCA Work Plan for Chemical 

Assessments: 2014 Update. October 

2014. https://www.epa.gov/sites/default/ 

files/2015-01/documents/tsca_work_

plan_chemicals_2014_update-final.pdf. 

26. U.S. EPA. 2012 TSCA Work Plan 

Chemicals. June 2012. https://

www.epa.gov/sites/default/files/2014-02/ 

documents/work_plan_chemicals_web_

final.pdf. 

Authority: 15 U.S.C. 2601 et seq. 

Dated: December 16, 2024. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2024–30401 Filed 12–20–24; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–75 

[FMR Case 2024–02; Docket No. GSA–FMR– 

2024–0013; Sequence No. 1] 

RIN 3090–AK80 

Federal Management Regulation; Real 

Property Disposition Policies and 

Procedures 

AGENCY: Office of Government-Wide 

Policy (OGP), U.S. General Services 

Administration (GSA) 

ACTION: Proposed rule. 

SUMMARY: The U.S. General Services 

Administration (GSA) proposes to 

amend subparts of the Federal 

Management Regulation (FMR) 

pertaining to real property disposition 

to align with the Federal Property and 

Administrative Services Act’s 

disposition process and to address 

considerations and decisions needed at 

each stage of the disposal process. This 

proposed rule will add definitions, 

policy, and procedures where there 

were none previously. The rule will 

assist Federal landholding agencies with 

understanding their responsibilities 

when contemplating asset management 

and disposal actions and engaging with 

GSA using GSA’s authority and their 

own authorities to meet their Federal 

real property goals and objectives. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at the address 

shown below on or before February 21, 

2025, to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to FMR case 2024–02 to: 

Regulations.gov at https://

www.regulations.gov. Submit comments 


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104494 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules 

1https://disposal.gsa.gov/s/act49. 

2https://obamawhitehouse.archives.gov/thepress-office/2011/11/09/executive-order-13589- 

promoting-efficient-spending. 

3https://obamawhitehouse.archives.gov/sites/ 

default/files/omb/memoranda/2012/m-12-12_0.pdf. 

4https://obamawhitehouse.archives.gov/sites/ 

default/files/omb/financial/memos/ 

implementation-of-freeze-the-footprintguidance.pdf. 

5https://obamaadministration.archives.

performance.gov/initiative/freeze-footprint.html. 

6https://obamawhitehouse.archives.gov/sites/ 

default/files/omb/financial/national-strategyefficient-use-real-property.pdf. 

7https://obamawhitehouse.archives.gov/sites/ 

default/files/omb/financial/memos/ 

implementation-reduce-the-footprint.pdf. 

8https://obamawhitehouse.archives.gov/sites/ 

default/files/omb/financial/memos/ 

implementation-reduce-the-footprint.pdf. 

via the Federal eRulemaking portal by 

searching for ‘‘FMR Case 2024–02.’’ 

Select the link ‘‘Comment Now’’ that 

corresponds with FMR Case 2024–02. 

Follow the instructions provided at the 

‘‘Comment Now’’ screen. Please include 

your name, company name (if any), and 

‘‘FMR Case 2024–02’’ on your attached 

document. If your comment cannot be 

submitted using https://

www.regulations.gov, call or email the 

points of contact in the FOR FURTHER

INFORMATION CONTACT section of this 

document for alternate instructions. 

Instructions: Please submit comments 

only and cite FMR Case 2024–02, in all 

correspondence related to this case. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal or business confidential 

information, or both. To confirm receipt 

of your comment(s), please check 

www.regulations.gov approximately two 

to three days after submission to verify 

posting. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Chris Coneeney, Director, Real Property 

Policy Division, Office of Governmentwide Policy, at 202–208–2956 or 

chris.coneeney@gsa.gov, for clarification 

of content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat Division at 

202–501–4755 or GSARegSec@gsa.gov. 

Please cite FMR Case 2024–02. A 

summary of this proposed rule is 

available at https://

www.regulations.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

GSA was founded in 1949 with the 

enactment of the Federal Property and 

Administrative Services Act.1 Public 

Law 107–217, enacted August 21, 2002 

(40 U.S.C. 101 and 501, et seq.), ‘‘Public 

Buildings, Property and Works,’’ 

effectively repealed the Federal Property 

and Administrative Services Act and recodified its provisions without 

substantive change. Chapter 5 of the 

public law will be referred to as the 

‘‘Property Act’’ throughout this 

regulation. The Federal Property and 

Administrative Services Act established 

GSA as the Federal Government’s 

centralized management agency 

consolidating the functions of 

predecessor agencies (e.g., Federal 

Works Agency and the War Assets 

Administration) and authorities such as 

the 1935 Act and the Surplus Property 

Act of 1944, including the authority to 

be the Federal Government’s real 

property disposal agent. Since that time, 

the Federal real estate landscape has 

dramatically changed and GSA has 

evolved from operating solely as the 

Property Act disposal agent to being a 

customer-focused Government-wide 

realty services provider. 

Over the past fifteen years there has 

been a heightened focus on Federal real 

property asset management that can be 

attributed to both executive and 

legislative actions demonstrating a 

continuing desire for GSA to play a 

critical role in disposing of unneeded 

real property and increasing proceeds 

from the sale of such property. 

On November 9, 2011, President 

Obama signed Executive Order (E.O.) 

13589 ‘‘Promoting Efficient Spending’’ 2

directing each agency to reduce its 

combined costs in a variety of 

administrative categories by not less 

than 20 percent in Fiscal Year (FY) 2013 

from FY 2010 levels. 

To achieve these savings, many 

agencies identified and implemented 

creative and innovative practices to 

reduce costs and improve efficiencies in 

real estate. On May 11, 2012, the Office 

of Management and Budget (OMB) 

published Memorandum M–12, 

‘‘Promoting Efficient Spending to 

Support Agency Operations,’’ 3 to 

describe a series of policies and 

practices for agencies to take to improve 

operations, increase efficiency, and cut 

unnecessary spending. 

Subsequently, OMB published 

Memorandum No.2013–02 on March 14, 

2013, ‘‘Implementation of OMB 

Memorandum M–12–12 Section 3: 

Freeze the Footprint,’’ 4 as guidance for 

the Freeze the Footprint (FTF) policy, 

which directed Chief Financial Officers 

(CFO) Act agencies to maintain the total 

size of their agency office and 

warehouse space to an FY 2012 

baseline. FTF required agencies to 

freeze the growth in their office and 

warehouse inventory or offset any new 

acquisitions with concomitant 

reductions. Under the guidance, 

agencies developed and annually 

updated three-year plans to restrict the 

growth in their office and warehouse 

inventories. Agencies also developed 

internal controls to facilitate increased 

communication between agency CFO 

and Real Property Management offices. 

The coordinated planning and 

communication improved agencies’ 

internal management of Federal real 

property assets. The FTF policy was in 

effect from FY 2012 through FY 2015. 

Federal agencies exceeded the FTF 

policy’s objective by decreasing the 

Government-wide office and warehouse 

baseline by 24.7 million square feet.5

After the FTF policy expired, the 

requirement for agencies to freeze their 

office and warehouse baselines to a set 

portfolio continued through the Reduce 

the Footprint (RTF) policy. The RTF 

policy was the successor to the FTF 

policy; it used FY 2015 data to set a new 

office and warehouse baseline for 

agencies to adhere to. 

On March 25, 2015, OMB released the 

National Strategy for the Efficient Use of 

Real Property 6 and its companion 

policy, the Reduce the Footprint (RTF) 

policy.7 The National Strategy was a 

three-step framework to improve real 

property management aimed to freeze 

growth in the inventory, measure 

performance to identify opportunities 

for efficiency improvements through 

data driven decision-making, and 

ultimately reduce the size of the 

inventory by prioritizing actions to 

consolidate, co-locate, and dispose of 

properties. Over time, application of the 

National Strategy improved the 

utilization of Government owned and 

leased buildings, lowered the number of 

excess and underutilized properties, 

and improved the cost effectiveness and 

efficiency of the overall real property 

portfolio. 

To make progress under this strategy, 

OMB issued the RTF policy with 

Memorandum No. 2015–01, 

‘‘Implementation of OMB Memorandum 

M–12–12 Section 3: Reduce the 

Footprint,’’ 8 on March 25, 2015. The 

RTF policy required agencies to submit 

annual Real Property Efficiency Plans 

(Plan) to OMB that— 

(1) Set annual square foot reduction 

targets for Federal domestic buildings; 

(2) Adopted an office space design 

standard to optimize Federal domestic 

office space usage; and 

(3) Required agencies’ office and 

warehouse portfolios to remain at or 

below their FY 2015 FTF baselines. 

Under the RTF policy, OMB 

established a Government-wide policy 

to use property as efficiently as possible 


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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules 104495 

9https://www.performance.gov/real-property/ 

real-property-metrics/. 

10https://www.whitehouse.gov/wp-content/ 

uploads/2019/11/M-20-03.pdf. 

11https://www.govinfo.gov/content/pkg/PLAW114publ318/pdf/PLAW-114publ318.pdf. 

12https://www.performance.gov/real-property/. 

13https://www.whitehouse.gov/wp-content/ 

uploads/2020/03/M-20-10.pdf. 

14https://www.congress.gov/114/plaws/publ287/ 

PLAW-114publ287.pdf. 

15https://www.gsa.gov/policy-regulations/policy/ 

real-property-policy-division-overview/assetmanagement/federal-real-property-profile-frpp. 

16 General Schedule (https://www.opm.gov/ 

policy-data-oversight/pay-leave/salaries-wages/ 

2024/general-schedule/). 

17Computing Hourly Rates of Pay Using the 

2,087-Hour Divisor (https://www.opm.gov/policydata-oversight/pay-leave/pay-administration/factsheets/computing-hourly-rates-of-pay-using-the2087-hour-divisor/). 

18OMB Memo M–08–13, dated March 11, 2008 

(https://www.whitehouse.gov/wp-content/uploads/ 

legacy_drupal_files/omb/memoranda/2008/m08- 

13.pdf). 

Continued 

and to reduce agency portfolios through 

annual reduction targets. The RTF 

policy was an impetus for real property 

management transformation that 

provided value to taxpayers. By 

implementing this policy, in FY 2016 

through FY 2020, the U.S. Government 

reduced its office and warehouse space 

by 8.2 million square feet, with an 

estimated annual cost avoidance of 

$130.7 million.9

On November 6, 2019, with the 

issuance of OMB Memorandum M–20– 

03, ‘‘Implementation of Agency-wide 

Real Property Capital Planning,’’ 10 CFO 

Act agencies are no longer required to 

submit annual Plans to OMB. Agencies 

are still required to set the office, 

warehouse, and owned property annual 

reduction targets, but these targets are 

incorporated into the agency capital 

plans supported by a brief narrative. 

OMB Memorandum M–20–03 also 

provided heads of executive 

departments and agencies with capital 

planning requirements for real property, 

in accordance with the Federal Property 

Management Reform Act of 2016 

(FPMRA), 40 U.S.C. 621, et seq., enacted 

on December 16, 2016.11 The FPMRA 

established the Federal Real Property 

Council (FRPC) 12 and charged it with 

ensuring implementation of an efficient 

and effective real property management 

strategy. 

In addition, in OMB Memorandum 

M–20–10, ‘‘Issuance of an Addendum to 

the National Strategy for the Efficient 

Use of Real Property,’’ 13 issued March 

6, 2020, Action 6 states that the 

Government will establish and publish 

accountable annual performance metrics 

for all agencies. 

To further improve the management 

of Federal real property, the Federal 

Assets Sale and Transfer Act of 2016 

(FASTA) (Pub. L. 114–287) 14 was 

enacted on December 16, 2016, with 

subsequent amendments. FASTA 

requires that all executive branch 

Federal agencies, with certain 

exceptions, submit current data of all 

Federal civilian real properties owned, 

leased, or controlled by a Federal 

agency. Data is reported at the 

constructed asset level for each land, 

building and other structure that is 

owned, leased or otherwise managed by 

the agency. 

FASTA also requires OMB and GSA 

to identify opportunities for the Federal 

Government to reduce its inventory of 

civilian real property, more efficiently 

utilize existing properties, and reduce 

the cost for maintaining these 

properties. 

GSA provides the Federal 

Government a center of expertise for 

Federal real property disposal by 

offering strategic asset management 

tools to landholding agencies to 

identify, prepare, and divest unneeded 

property. 

II. Summary of Significant Changes 

Section 102–75.5 

GSA is adding this section to clarify 

and add to the definitions that apply to 

this part that are consistent with U.S. 

Code; as well as move the definitions to 

one section to increase the readability 

for the user. GSA is updating the 

definitions of the types of utilization. 

GSA is removing § 102–75.45 and 

replacing the term ‘‘not utilized’’ with 

‘‘unutilized,’’ and adding the 

corresponding statutory reference. GSA 

is removing § 102–75.50 and adding the 

corresponding statutory reference. GSA 

is removing § 102–75.55 and no longer 

uses the term ‘‘not being put to 

optimum use.’’ GSA is adding the 

definition of ‘‘utilized’’ which is 

consistent with definitions used by 

Federal agencies in responding to the 

Federal Real Property Profile 

Management System.15

Section 102–75.6 

GSA is changing this section to more 

accurately describe the scope and 

coverage of the regulation. GSA is 

adding specific references to laws for 

clarity and defining the Property Act. 

Section 102–75.7 

GSA is moving § 102–75.296 to § 102–75.7. 

Section 102–75.8 

GSA is moving § 102–75.297 to § 102–75.8. 

Section 102–75.9 

GSA is moving § 102–75.298 to § 102–75.9. 

Section 102–75.10 

GSA is moving § 102–75.65 to § 102–75.10. 

Section 102–75.11 

GSA is moving § 102–75.70 to § 102–75.11. 

Section 102–75.12 

GSA is adding this section. GSA is 

removing any reference to ‘‘disposal 

agency’’ and replacing it with ‘‘GSA’’ 

since these regulations implement a 

primary authority of GSA. The term 

‘‘GSA’’ also includes any agency with a 

delegation of authority from GSA 

applicable to these regulations. 

Section 102–75.13 

GSA is adding this section to state 

that severability applies to the part. 

Section 102–75.15 

GSA updated this section to clarify 

and provide more detailed information 

to include a comprehensive list of the 

disposal actions landholding agencies 

may take while operating under a GSA 

delegated authority. 

Section 102–75.20 

GSA updated this section to clarify 

and provide more detailed information 

about how Federal agencies with 

independent disposal authority may 

obtain disposal services from GSA 

through a Memorandum of Agreement 

or Reimbursable Work Authorization. 

Section 102–75.40 

GSA is adding this section to clarify 

and add to the definitions that apply to 

this part that are consistent with U.S. 

Code; as well as move the definitions to 

one section to increase the readability 

for the user. GSA is adding the 

definitions of ‘‘public domain land’’ and 

‘‘withdrawn public domain land.’’ 

Sections 102–75.50 Through 102–75.60 

GSA is adding these sections to clarify 

and expand upon current §§ 102–75.100 

and 102–75.105. 

III. Regulatory Impact Analysis 

During the first year after publication 

of the final rule, GSA will need to 

update the Real Property Disposal 

Customer Guide. GSA estimates this 

cost by multiplying the time required to 

review the regulations and guidance 

implementing the proposed rule by the 

estimated hourly compensation. GSA 

calculates the estimated hourly 

compensation using the U.S. Office of 

Personnel Management’s 2024 General 

Schedule (GS) Rest of United States 

Locality Pay Table, a full fringe benefit 

cost factor of 36.25%, and an overhead 

cost factor of 12%.16 17 18 19


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104496 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules 

19OMB Circular A–76 (https://georgewbushwhitehouse.archives.gov/omb/circulars/a076/a76_

incl_tech_correction.html). 

1. Government Costs 

The Government must update the 

glossary in the Customer Guide to Real 

Property Disposal. GSA makes these 

assumptions based on historical 

familiarization and subject matter expert 

judgment. Below is a list of activities 

related to updating the glossary in the 

Real Property Disposal Customer Guide 

that GSA anticipates will occur. GSA 

estimates it will take 1 GSA data analyst 

on average, with a GS–9 step 5 with an 

average hourly rate of $48.28/hour, 12 

hours in year 1 to update the glossary 

in the Real Property Disposal Customer 

Guide. Therefore, GSA estimates the 

total estimated cost for this part of the 

proposed rule to be $579 (= 1 × $48.28 

GS–9 step 5 rate × 12 hours). GSA 

estimates it will take 5 GSA Senior 

Realty Specialists on average, with a 

GS–13 step 5 with an average hourly 

rate of $83.25/hour, 2 hours each in year 

1 to review the glossary updates in the 

Real Property Disposal Customer Guide. 

Therefore, GSA estimates the total 

estimated cost of this part of the 

proposed rule to be $833 (= 5 × $83.25 

GS–13 step 5 rate × 2 hours). 

GSA estimates it will take 1 GSA 

Branch Chief on average, with a GS–14 

step 5 with an average hourly rate of 

$98.38/hour, 2 hours in year 1 to review 

the glossary updates in the Real 

Property Disposal Customer Guide. 

Therefore, GSA estimates the total 

estimated cost of this part of the 

proposed rule to be $197 (= 1 × $98.38 

GS–14 step 5 rate × 2 hours). 

GSA estimates it will take 1 GSA 

Zonal Director on average, with a GS– 

15 step 5 with an average hourly rate of 

$115.72/hour, 1 hour in year 1 to review 

and approve the glossary updates in the 

Real Property Disposal Customer Guide. 

Therefore, GSA estimates the total 

estimated cost of this part of the 

proposed rule to be $116 (= 1 × $115.72 

GS–15 step 5 rate × 1 hour). 

GSA estimates it will take 1 GSA 

attorney on average, with an SES Level 

3 with an average hourly rate of 

$144.91/hour, 4 hours in year 1 to 

review and approve the glossary 

updates in the Real Property Disposal 

Customer Guide. Therefore, GSA 

estimates the total estimated cost of this 

part of the proposed rule to be $580 (= 

1 × $144.91 SES Level 3 rate × 4 hours). 

GSA estimates it will take 1 GSA 

Assistant Commissioner on average, 

with an SES Level 3 with an average 

hourly rate of $144.91/hour, 1 hour in 

year 1 to review and approve the 

glossary updates in the Real Property 

Disposal Customer Guide. Therefore, 

GSA estimates the total estimated cost 

of this part of the proposed rule to be 

$145 (= 1 × $144.91 SES Level 3 rate × 

1 hour). 

2. Total Government Costs 

GSA estimates the total estimated 

Government costs to be $2,449 for years 

1 through 10. A breakdown of total 

estimated Government costs by year is 

provided in the table below. 

Year 1 2 3 4 5 6 7 8 9 10 

Total Government Costs ........................... $2,449 ................ ................ ................ ................ ................ ................ ................ ................ ................

3. Total Overall Costs 

The undiscounted estimated total 

overall cost over a 10-year period is 

$2,449, equal to the total estimated 

Government costs, above, as there is no 

direct cost to the public under this 

proposed rule. The following is a 

summary of the estimated costs 

calculated for a 10-year time horizon at 

a 2-percent discount rate: 

Summary Total 

costs 

Present Value (2 percent) ............ $2,401 

Annualized Costs (2 percent) ....... 267 

4. Benefits 

The regulations for real property 

disposition were last published in 

November 2005. There are numerous 

updates needed to improve the 

readability and clarity of the regulation. 

The proposed rule will add definitions, 

policies, and procedures where there 

were none previously. The clarity 

provided by this update will assist 

Federal landholding agencies with 

understanding their responsibilities 

when contemplating asset management 

and disposal actions and how to engage 

with GSA using GSA’s authority and 

their own authorities to meet their 

Federal real property goals and 

objectives. 

5. Analysis of the Alternative 

The preferred process is laid out in 

the analysis above. However, GSA has 

analyzed an alternative to the preferred 

process below. 

Alternative 1: GSA could decide to 

take no regulatory action. The 

Government would not incur the 

additional costs associated with this 

proposed rule; however, the regulation 

would not reflect current policy and 

best practices for real property 

disposition. As a result, GSA rejected 

this alternative. 

IV. Executive Orders 12866, 13563, and 

14904 

E.O. 12866 (Regulatory Planning and 

Review) directs 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 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. E.O. 14094 

(Modernizing Regulatory Review) 

amends section 3(f) of E.O. 12866 and 

supplements and reaffirms the 

principles, structures, and definitions 

governing contemporary regulatory 

review established in E.O. 12866 and 

E.O. 13563. OMB’s Office of Information 

and Regulatory Affairs has determined 

that this proposed rule is a significant 

regulatory action and, therefore, it is 

subject to review under section 6(b) of 

E.O. 12866. 

V. Regulatory Flexibility Act 

GSA does not expect this proposed 

rule to 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., because it applies to agency 

management or personnel. Therefore, an 

Initial Regulatory Flexibility Analysis 

has not been performed. 

VI. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FMR do not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 


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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules 104497 

public that require the approval of OMB 

under 44 U.S.C. 3501, et seq. 

VII. Severability 

GSA is proposing to add a new 

provision on severability at 41 CFR 102– 

75.13, which states that all provisions 

included in part 102–75 are separate 

and severable from one another. 

If any particular term or provision in 

part 102–75, or the application thereof 

to any agency or circumstance, is 

determined by a court of competent 

jurisdiction to be invalid or 

unenforceable, the remaining terms or 

provisions, or the application of such 

term or provision to agencies or 

circumstances other than those to which 

it is invalid or unenforceable, will not 

be affected thereby, and each term and 

provision of this proposed rule will be 

valid and be enforced to the fullest 

extent permitted by law. 

Further, any cross-references that 

appear throughout part 102–75 are 

duplicative and are intended only to 

make the regulations more user-friendly. 

Invalidation of a particular provision 

that is cross-referenced elsewhere will 

not materially alter the provision that 

contains the cross-reference. 

In summary, removal of any particular 

provision from part 102–75 would not 

render the entire regulatory scheme 

unworkable. Thus, GSA considers each 

of the provisions in subpart A or B of 

part 102–75 to be separate and severable 

from one another. In the event of a stay 

or invalidation of any particular 

provision, it is GSA’s intention that the 

remaining provisions will continue in 

effect. 

List of Subjects in 41 CFR Part 102–75 

Federal buildings and facilities, 

Government property management, 

Rates and fares, Surplus Government 

property. 

Earl Pinto, 

Acting Associate Administrator, Office of 

Government-wide Policy. 

For the reasons set forth in the 

preamble, GSA proposes to amend 41 

CFR part 102–75 as set forth below: 

PART 102–75—REAL PROPERTY 

DISPOSAL 

■ 1. The authority citation for 41 CFR 

part 102–75 is revised to read as 

follows: 

Authority: 40 U.S.C. 121(c), 521–523, 541– 

559. 

■ 2. Revise subparts A and B to read as 

follows: 

Subpart A—General 

Sec. 

102–75.5 What definitions apply to this 

part? 

102–75.6 What is the scope of this part? 

102–75.7 When may a landholding agency 

other than GSA be the disposal agency 

for real and related personal property? 

102–75.8 Are there any exceptions to when 

landholding agencies can serve as the 

disposal agency? 

102–75.9 Can agencies request that GSA be 

the disposal agency for real property and 

real property interests described in 

§ 102–75.7? 

102–75.10 Why are Federal landholding 

agencies required to notify GSA of their 

real property needs? 

102–75.11 Are there any exceptions to the 

notification policy in this subpart? 

102–75.12 What basic real property policy 

does GSA follow and promote? 

102–75.13 What portions of this part are 

severable? 

102–75.14 [Reserved] 

Real Property Disposal Services 

102–75.15 If an agency is operating under 

authority delegated from GSA, what real 

property disposal services is it 

authorized to provide? 

102–75.20 How can Federal agencies with 

independent disposal authority obtain 

disposal and other real estate related 

services? 

102–75.25—102–75.35 [Reserved] 

Subpart B—Asset Management Policy for 

Federal Real Property 

102–75.40 What definitions apply to this 

subpart? 

102–75.45 [Reserved] 

Land Withdrawn or Reserved from the 

Public Domain 

102–75.50 What process or steps does a 

landholding agency follow to relinquish 

withdrawn or reserved public domain 

land? 

102–75.51 What makes land not suitable for 

return to the public domain? 

102–75.52 If DOI determines and the 

Administrator concurs that the land is 

not suitable for return to the public 

domain, what are the next steps? 

102–75.53 What happens to improvements 

on withdrawn or reserved public domain 

land if BLM determines the land is 

suitable for return to the public domain? 

102–75.54 Can landholding agencies 

abandon, destroy, or donate 

improvements on withdrawn public land 

determined to be unsuitable for return to 

the public domain? 

102–75.55 [Reserved] 

102–75.60 Which agency is responsible for 

disposing of mineral interests and rights? 

Subpart A—General 

§ 102–75.5 What definitions apply to this 

part? 

All the definitions in 41 CFR 102– 

71.20 apply to this part, in addition to 

the definitions listed in this section. 

Some definitions have been repeated in 

this section for ease of reference. 

Landholding agency means the 

Federal agency that has accountability 

for the property involved and reports 

the real property on its financial 

statements and inventory records. 

Underutilized means an entire 

property or portion thereof, with or 

without improvements, which is used 

only at irregular periods or 

intermittently by the accountable 

landholding agency for current program 

purposes of that agency, or which is 

used for current program purposes that 

can be satisfied with only a portion of 

the property (§ 102–75.1160; accord 45 

CFR 12a.1; 24 CFR 581.1). 

Unutilized means an entire property 

or portion thereof, with or without 

improvements, not occupied for current 

program purposes for the accountable 

executive agency or occupied in 

caretaker status only (§ 102–75.1160; 

accord 45 CFR 12a.1; 24 CFR 581.1). 

Utilized means real property that is 

used for the current mission needs of 

the accountable landholding agency and 

is not defined as unutilized or 

underutilized. 

§ 102–75.6 What is the scope of this part? 

This part implements the real 

property disposition authorities 

provided by Public Law 107–217 (40 

U.S.C. 101 and 501, et seq.), ‘‘Public 

Buildings, Property and Works.’’ The 

real property policies contained in this 

part apply to Federal landholding 

agencies (landholding agency), 

including GSA’s Public Buildings 

Service (PBS), operating under, or 

subject to, the authorities of the 

Administrator of General Services. This 

part also applies to Federal agencies 

with delegated authority to dispose of 

real property under the ‘‘Property Act’’ 

(chapter 5 of Pub. L. 107–217), the 

Surplus Property Act of 1944, as 

amended (1944 Act), and the provisions 

of other applicable statutes. 

§ 102–75.7 When may a landholding 

agency other than GSA be the disposal 

agency for real and related personal 

property? 

A landholding agency may be the 

disposal agency for real and related 

personal property when— 

(a) The agency has statutory authority 

to dispose of real and related personal 

property; 

(b) The agency has delegated 

authority from GSA to dispose of real 

and related personal property; 

(c) The agency is disposing of— 

(1) Leases, licenses, permits, 

easements, and other similar real estate 

interests held by agencies in nonGovernment-owned real property; 

(2) Government-owned 

improvements, including fixtures, 


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104498 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules 

structures, and other improvements of 

any kind, as long as the underlying land 

is not being disposed; or 

(3) Standing timber, embedded gravel, 

sand, stone, and underground water, 

without the underlying land; or 

(d) The agency has independent 

disposal authority. The agency should 

follow its regulations implementing 

such disposal authority. Where the 

agency’s regulations are silent, then the 

agency can follow GSA’s regulations as 

a best practice for the disposition of real 

and related personal property. 

§ 102–75.8 Are there any exceptions to 

when landholding agencies can serve as 

the disposal agency? 

Yes, landholding agencies may not 

serve as the disposal agency when— 

(a) Either the landholding agency or 

GSA determines that the Government’s 

best interests are served by disposing of 

leases, licenses, permits, easements, and 

similar real estate interests together with 

other property owned or controlled by 

the Government that has been or will be 

reported to GSA; or 

(b) Government-owned machinery 

and equipment being used by a 

contractor-operator will be sold to a 

contractor-operator. 

§ 102–75.9 Can agencies request that GSA 

be the disposal agency for real property 

and real property interests described in 

§ 102–75.7? 

Yes. If requested, GSA, at its 

discretion, may be the disposal agency 

for such real property and real property 

interests. 

§ 102–75.10 Are Federal landholding 

agencies required to notify GSA of their real 

property needs? 

Yes, 40 U.S.C. 521(1) and 524(b)(3), 

require Federal landholding agencies to 

notify GSA of their real property needs. 

It is important that each landholding 

agency notify GSA of its real property 

needs to determine whether the excess 

or surplus real property of another 

agency is available and would meet its 

need, preventing the unnecessary 

purchase or lease of real property. The 

requirements for reporting real property 

are provided in subsequent sections of 

this part. 

§ 102–75.11 Are there any exceptions to 

the notification policy in this subpart? 

Yes, a landholding agency with real 

estate acquisition authority is not 

required to notify GSA when its 

proposed acquisition of real property is 

dictated by exact geographical location, 

topography, engineering, or similar 

characteristics that limit the possibility 

of using another agency’s available real 

property. Also, notification is not 

required if the acquisition of real 

property is required or directed by 

statute. For example, if a landholding 

agency needs to acquire real property 

for a dam site, reservoir area, or the 

construction of a generating plant or a 

substation, it is not required to notify 

GSA since specific land is needed, 

which limits the potential of other 

available excess real property to meet 

the need. However, agencies are 

encouraged to notify GSA and utilize its 

knowledge and expertise to assist in the 

proposed acquisition. 

§ 102–75.12 What basic real property 

policy does GSA follow and promote? 

GSA provides, in a timely, efficient, 

and cost-effective manner, the full range 

of real estate services necessary to 

support its and other landholding 

agencies’ real property asset 

management, utilization, and disposal 

needs. GSA also assists landholding 

agencies with meeting the requirements 

of E.O. 13327, which includes 

identifying property that is utilized, 

underutilized, and unutilized. Through 

this part, GSA establishes policies that 

promote and improve asset 

management, and that facilitate the 

efficient and effective utilization and 

disposal of Federal real property. 

§ 102–75.13 What portions of this part are 

severable? 

All provisions of this part are separate 

and severable from one another. If any 

provision is stayed or determined to be 

invalid, it is GSA’s intention that the 

remaining provisions will continue in 

effect. 

§ 102–75.14 [Reserved] 

Real Property Disposal Services 

§ 102–75.15 If an agency is operating 

under authority delegated from GSA, what 

real property disposal services is it 

authorized to provide? 

A landholding agency with GSA’s 

delegated authority must follow the 

Property Act disposal process 

(exception: see subpart F of this part 

regarding delegations) and may provide 

real estate services, within its own 

agency, such as appraisals, and land 

use, environmental, and market studies. 

Under a delegation, landholding 

agencies may transfer excess real 

property for further use within the 

agency and to other landholding 

agencies. With respect to the disposal of 

surplus real property, agencies with 

GSA’s delegated authority may assign 

and convey surplus real property for the 

various public purposes as allowed in 

the Property Act, and may also conduct 

negotiated sales, public sales, and other 

related disposal and post-disposal 

services (e.g., compliance inspections 

for public benefit conveyances, excess 

profits monitoring for negotiated sales, 

and monitoring of any other deed 

restrictions and special conditions). 

§ 102–75.20 How can Federal agencies 

with independent disposal authority obtain 

disposal and other real estate related 

services? 

Federal agencies with disposal 

authority separate and apart from the 

Property Act are encouraged to obtain 

utilization, disposal, and related real 

estate and asset management services 

from GSA, as allowed by both the 

Property Act and 31 U.S.C. 1535 

(Economy Act), so that they can remain 

focused on their core missions. In such 

cases, GSA may provide disposal and 

other real estate services on a 

reimbursable basis, using an agreement 

or other authorizing document (e.g., 

Memorandum of Agreement (MOA) or 

Reimbursable Work Authorization 

(RWA)) between GSA and the 

landholding agency. At a minimum, the 

agreement or authorizing document will 

provide details on the authority being 

used, roles and responsibilities of the 

landholding agency and GSA, retention 

of proceeds, as applicable, GSA’s 

expenses and reimbursement, and 

protection and maintenance of the 

property. Unless specifically exempted 

by other statutory provisions, all real 

property dispositions are subject to the 

Property Act. 

§§ 102–75.25–102–75.35 [Reserved] 

Subpart B—Asset Management Policy 

for Federal Real Property 

§ 102–75.40 What definitions apply to this 

subpart? 

All the definitions in 41 CFR 102– 

71.20 apply to this subpart, in addition 

to the definitions listed in this section. 

Public domain land means land that 

was acquired from another sovereign 

and has either never left Federal 

ownership after initial acquisition or 

was acquired in exchange for other land 

owned by the United States that 

similarly had never left Federal 

ownership—i.e., acquired in exchange 

for other public domain land (see 43 

CFR 3000.5). 

Withdrawn public domain land 

means land that has been taken out of 

public use or access for a specific 

Federal mission purpose. 


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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules 104499 

§ 102–75.45 [Reserved] 

Land Withdrawn or Reserved From the 

Public Domain 

§ 102–75.50 What process or steps does a 

landholding agency follow to relinquish 

withdrawn or reserved public domain land? 

Before withdrawn or reserved public 

domain land can be returned to the 

public domain or disposed of, the 

Secretary of the Department of the 

Interior (DOI) must determine, and the 

Administrator of GSA (Administrator) 

must concur on whether or not the land 

is suitable for return to the public 

domain. Specifically, the landholding 

agency must submit a Notice of 

Intention to Relinquish (NOITR) (43 

CFR part 2370, subpart 2372) to the 

appropriate Bureau of Land 

Management (BLM) office and send a 

copy to the appropriate GSA regional 

office. 

§ 102–75.51 What makes land not suitable 

for return to the public domain? 

Generally, the Secretary of DOI 

determines, and the Administrator 

concurs, that the land is substantially 

changed in character and condition by 

improvements or otherwise. 

§ 102–75.52 If DOI determines and the 

Administrator concurs that the land is not 

suitable for return to the public domain, 

what are the next steps? 

Landholding agencies must submit a 

Report of Excess Real Property 

(Standard Form 118), with Schedules A, 

B, and C, as appropriate along with a 

copy of DOI’s response to the NOITR to 

the appropriate GSA regional office. 

Also, landholding agencies must submit 

DOI’s report identifying whether— 

(a) Any agency (other than the 

relinquishing agency) claims either 

primary, joint, or secondary jurisdiction 

over the lands; or 

(b) The DOI’s records show any 

encumbrances under the public land 

laws. 

§ 102–75.53 What happens to 

improvements on withdrawn or reserved 

public domain land if BLM determines the 

land is suitable for return to the public 

domain? 

The formal withdrawal order will 

address the disposition of 

improvements on land that returns to 

the public domain. Specifically, the 

withdrawal order will authorize BLM, at 

its discretion, to— 

(a) Assume responsibility for the use 

and management of the improvement; 

(b) Require the landholding agency to 

remove the improvement; or 

(c) Engage GSA (or require the 

landholding agency) to dispose of the 

improvement for off-site removal use. 

§ 102–75.54 Can landholding agencies 

abandon, destroy, or donate improvements 

on withdrawn public land determined to be 

unsuitable for return to the public domain? 

Landholding agencies must report the 

real property as excess to GSA (see 

§ 102–75.52) and follow the 

requirements in subpart E of this part on 

abandonment, destruction, or donation 

to public bodies. 

§ 102–75.55 [Reserved] 

§ 102–75.60 Which agency is responsible 

for disposing of mineral interests and 

rights? 

GSA is generally responsible for the 

disposal of mineral interests and rights, 

whether separate from the land or with 

the land, for real property that the 

landholding agency has determined to 

be excess. GSA has exclusive authority 

for such disposal when the mineral 

interest and rights are located within 

incorporated areas (e.g., city, town, 

village, etc.) using its authority under 

the Property Act. 

(a) As set out in the Federal Land and 

Policy Management Act of 1976, DOI, 

through BLM, has authority for the 

disposal of mineral interests and rights 

within public domain or withdrawn 

lands. 

(b) BLM also has authority to manage 

and dispose of mineral interests and 

rights associated with real property 

acquired outside of incorporated areas 

where the land was acquired under 

authorities prior to 1920. 

(1) If land and mineral interests or 

rights are reported to GSA and are 

located outside of an incorporated area, 

GSA may provide an opportunity to 

BLM to provide GSA with a 

recommendation on whether the 

mineral interests and rights should be 

retained by the Government. 

(2) If BLM recommends that the 

mineral interests and rights should be 

retained, GSA may transfer such to 

BLM. If BLM determines that the 

Government does not need to retain the 

mineral interests and rights or does not 

respond to the notice given, GSA will 

dispose of such under its authority. 

(c) Where BLM is given an 

opportunity to provide a 

recommendation under paragraph (b)(1) 

of this section, GSA will provide BLM 

30 days to provide such 

recommendation. 

(d) When determining the suitability 

of land for return to the public domain, 

BLM may make a determination with 

regard to any mineral interests located 

on such land. For land determined to be 

unsuitable for return to the public 

domain, GSA may take BLM’s 

determination with regard to mineral 

interests into consideration when 

deciding whether to— 

(1) Proceed with a disposal of such 

interests, with or without the fee 

interest in the land; or 

(2) Reserve such interests. If reserved, 

BLM is the agency responsible for 

managing such reserved mineral 

interests. 

[FR Doc. 2024–29377 Filed 12–20–24; 8:45 am] 

BILLING CODE 6820–61–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 26 

[WT Docket No. 24–687; DA 24–1230; FRS 

268462] 

Wireless Telecommunications Bureau 

Seeks Comment on Mechanism and 

Criteria for Selecting Space Launch 

Frequency Coordinator 

AGENCY: Federal Communications 

Commission. 

ACTION: Notification. 

SUMMARY: In this Public Notice, the 

Wireless Telecommunications Bureau 

(Bureau) makes proposals and seeks 

comment on criteria and a mechanism 

for selecting a Space Launch Frequency 

Coordinator for the Federal 

Communications Commission’s 

(Commission) Space Launch Service. In 

particular, it proposes a process in 

which interested parties would file 

applications electronically using the 

Commission’s Electronic Comment 

Filing System in WT Docket 24–687, 

through which they would demonstrate 

certain minimum qualifying criteria. 

Filers responding to this Public Notice 

should submit comments in WT Docket 

No. 24–687. 

DATES: Interested parties may file 

comments on or before January 22, 

2025. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 24–687, by 

any of the following methods: 

• Comments may be filed using the 

Commission’s Electronic Comment 

Filing System (ECFS). 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing ECFS: https://www.fcc.gov/ 

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

Æ Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by First-Class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 


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