24820 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Rules and Regulations 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–39 

[FMR Amendment 2010–01; FMR Case 

2009–102–3; Docket No. 2009–0002, 

Sequence 5] 

RIN 3090–AI92 

Federal Management Regulation; 

Replacement of Personal Property 

Pursuant to the Exchange/Sale 

Authority 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

Federal Management Regulation (FMR) 

by making changes to its policy on the 

replacement of personal property 

pursuant to the exchange/sale authority. 

DATES: This final rule is effective on 

June 7, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Robert Holcombe, Office of 

Governmentwide Policy, Office of 

Travel, Transportation, and Asset 

Management (MT), (202) 501–3828 or email at robert.holcombe@gsa.gov. For 

information pertaining to status or 

publication schedules contact the 

Regulatory Secretariat, 1800 F Street, 

NW., Room 4041, Washington, DC 

20405, (202) 501–4755. Please cite FMR 

Amendment 2010–01; FMR Case 2009– 

102–3. 

SUPPLEMENTARY INFORMATION: 

A. Background 

A proposed rule was published in the 

Federal Register at 74 FR 30493 on June 

26, 2009. Three changes were proposed. 

One proposed change, removing the 

exchange/sale prohibition on aircraft 

and airframe structural components 

subject to certain conditions, received 

several comments. GSA is considering 

those comments and has decided not to 

go forward with that change at this time. 

Another proposed change considered 

removing the prohibition on using scrap 

property in an exchange/sale transaction 

when the property had utility and value 

at the point in time when a 

determination was made to use the 

exchange/sale authority, thus 

addressing situations where the 

dismantling of property rendered it as 

‘‘scrap’’, but where replacement of 

property similar to the originallyconfigured property is still required. 

Only one substantive comment was 

received regarding that proposed 

change. The commenter suggested that 

property which has been coded as scrap 

because of damage caused by, for 

example, natural disaster or accident, 

should also be eligible for exchange/ 

sale. GSA agrees with that comment, 

and has addressed it in the final rule. 

The third proposed change was 

editorial in nature. GSA received no 

comments regarding it. 

B. Executive Order 12866 

This final rule is excepted from the 

definition of ‘‘regulation’’ or ‘‘rule’’ under 

Section 3(d)(3) of Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993 and, 

therefore, was not subject to review 

under Section 6(b) of that executive 

order. 

C. Regulatory Flexibility Act 

This final rule is not required to be 

published in the Federal Register for 

comment. Therefore, the Regulatory 

Flexibility Act does not apply. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FMR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget 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 relates solely to agency 

management and personnel. 

List of Subjects in 41 CFR Part 102–39 

Government property management 

and personal property. 

Dated: March 22, 2010. 

Martha Johnson, 

Administrator of General Services. 

■ For the reasons set forth in the 

preamble, GSA amends 41 CFR part 

102–39 as set forth below: 

PART 102–39—REPLACEMENT OF 

PERSONAL PROPERTY PURSUANT 

TO THE EXCHANGE/SALE AUTHORITY 

■ 1. The authority citation for 41 CFR 

part 102–39 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c); 40 U.S.C. 503. 

■ 2. Amend § 102–39.60 by revising 

paragraph (e) to read as follows: 

§ 102–39.60 What restrictions and 

prohibitions apply to the exchange/sale of 

personal property? 

* * * * * 

(e) Property with a condition code of 

scrap, as defined at FMR 102–36.40, 

except: 

(1) Property that had utility and value 

at the point in time when a 

determination was made to use the 

exchange/sale authority; 

(2) Property that was otherwise 

eligible for exchange/sale, but was 

coded as scrap due to damage (e.g., 

accident or natural disaster); or 

(3) Scrap gold for fine gold. 

* * * * * 

§ 102–39.80 [Amended] 

■ 3. Amend § 102–39.80, second 

sentence, by adding ‘‘exchanged or’’ 

before the word ‘‘sold’’. 

[FR Doc. 2010–10663 Filed 5–5–10; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–8129] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 


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