80 FR 9679 - Federal Property Management Regulations/Federal Management Regulation; Supply and Procurement
GENERAL SERVICES ADMINISTRATION Federal Register Volume 80, Issue 36 (February 24, 2015)
Federal Register Volume 80, Issue 36 (February 24, 2015)
| Page Range | 9679-9682 | |
| FR Document | 2015-03484 |
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)] [Proposed Rules] [Pages 9679-9682] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03484] ======================================================================= ----------------------------------------------------------------------- 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 This proposed rule also eliminates material that is not regulatory in nature, is overly prescriptive, outdated, addressed in other policy, or no longer appropriate for today's Government business environment.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 FMR part 102-32--supply and management part 101-25-- general procurement ------------------------------------------------------------------------ Sec. 101-25.000 Scope of subchapter.. Revised and added to section 102-32.5. Sec. 101-25.001 Scope of part........ Deleted as not necessary. Sec. 101-25.100 Use of Government Revised in sections 102-32.20 personal property and nonpersonal and 102-32.25. services. Sec. 101-25.101 Criteria for Revised in section 102-32.35. determining method of supply. Definition of ``use point'' removed and replaced with general terminology. Sec. 101-25.102 Exchange or sale of Deleted because this topic is personal property for replacement addressed in FMR part 102-39. purposes. Sec. 101-25.103 Promotional Deleted. Items addressed in materials, trading stamps, or bonus this Subpart are treated the goods. same as other personal property and disposed of accordingly. Sec. 101-25.104 Acquisition of office Deleted as being too furniture and office machines. 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. Sec. 101-25.105 [Reserved]........... Deleted. Sec. 101-25.106 Servicing of office Deleted as being too machines. prescriptive. Sec. 101-25.107 Guidelines for Policy summarized in section requisitioning and proper use of 102-32.45. consumable or low cost items. Sec. 101-25.108 Multiyear Deleted, refer to the FAR for subscriptions for publications. requirements determination and structuring a procurement. [[Page 9680]] Sec. 101-25.109 Laboratory and Policy summarized in section research equipment. 102-32.40 and generalized to include all types of facilities and activities, not just laboratories and research facilities. Sec. 101-25.110 Tire identification/ Deleted. Federal motor vehicle registration program. policy is found in FMR part 102-34. Sec. 101-25.111 Environmental impact Deleted because this section policy. simply explains that environmental policies and practices are part of GSA's policies. Sec. 101-25.112 Energy conservation Deleted because conservation policy. 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). Sec. 101-25.113 [Reserved]........... Deleted. Sec. 101-25.114 Supply management Necessary policy summarized in surveys and assistance. section 102-32.50. Subpart 101-25.2 Interagency Purchase Deleted. This policy is Assignments. 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 Deleted as unnecessary. Determinations. Subparts 101-25.6 through 101-25.49 Deleted ``reserved'' sections. [Reserved]. ------------------------------------------------------------------------ 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 0 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). 0 2. Revise Sec. 101-25 to read as follows: Sec. 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 0 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). Sec. 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. [[Page 9681]] Sec. 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. Sec. 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. Sec. 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/). Sec. 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. Sec. 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. Sec. 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. Sec. 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 commonly-used assets typically used by many employees within a geographic area. Sec. 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. Sec. 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. Sec. 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. [[Page 9682]] (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
![Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules 9679
of the rule that are not the subject of an for today’s Government business FOR FURTHER INFORMATION CONTACT: For
adverse comment. environment. This case is included in clarification of content, contact Mr.
For additional information, see the GSA’s retrospective review of existing Robert Holcombe, Office of
direct final rule which is located in the regulations under Executive Order Government-wide Policy, Office of
Rules section of this Federal Register. 13563. Additional information is Asset and Transportation Management
Dated: February 6, 2015. available at www.gsa.gov/ (MA), at 202–501–3828. For information
Wren Stenger,
improvingregulations. pertaining to status or publication
DATES: Interested parties should submit schedules, contact the Regulatory
Director, Multimedia Planning and Permitting
Division, Region 6. written comments to the Regulatory Secretariat (MVCB) at 202–501–4755.
Secretariat at one of the addresses Please cite FPMR Case 2014–101–1/
[FR Doc. 2015–03801 Filed 2–23–15; 8:45 am]
shown below on or before April 27, FMR Case 2014–102–2.
BILLING CODE 6560–50–P
2015 to be considered in the formation SUPPLEMENTARY INFORMATION:
of a final rule.
A. Background
GENERAL SERVICES ADDRESSES: Submit comments in
ADMINISTRATION response to FPMR Case 2014–101–1/ GSA is proposing to amend the FPMR
FMR Case 2014–102–2 by any of the by revising regulations regarding
41 CFR Parts 101–25 and 102–32 following methods: Government personal property
[FPMR Case 2014–101–1; FMR Case 2014– • Regulations.gov: http:// management policies in FPMR 101–25
102–2; Docket No. 2014–0016; Sequence www.regulations.gov. Submit comments (41 CFR part 101–25), and by moving
No. 1] via the Federal eRulemaking Portal by these policies to part 102–32 of the FMR
searching for ‘‘FPMR Case 2014–101– (41 CFR part 102–32). GSA anticipates
RIN 3090–AJ50 1/FMR Case 2014–102–2,’’ and selecting migrating the remaining parts of FPMR,
the link that corresponds with ‘‘FPMR Subchapter E, to succeeding subparts of
Federal Property Management FMR part 102–32. This revision is part
Case 2014–101–1/FMR Case 2014–102–
Regulations/Federal Management of GSA’s effort to improve its external
2.’’ Follow the instructions provided at
Regulation; Supply and Procurement directives system by reducing the
the ‘‘Comment Now’’ screen. Please
AGENCY: Office of Government-wide include your name, company name (if number of regulations and rewriting
Policy (OGP), General Services any), and ‘‘FPMR Case 2014–101–1/ them in plain language. This proposed
Administration (GSA). FMR Case 2014–102–2’’ on your rule removes material that is not
ACTION: Proposed rule. attached document. regulatory in nature (such as internal
• Fax: 202–501–4067. GSA operating procedures), is overly
SUMMARY: GSA is proposing to amend • Mail: General Services prescriptive, outdated, addressed in
the Federal Property Management Administration, Regulatory Secretariat other policy, or no longer appropriate
Regulations (FPMR) and the Federal Division (MVCB), ATTN: Hada Flowers, for today’s Government business
Management Regulation (FMR) by 1800 F Street NW., 2nd Floor, environment.
migrating regulations regarding the Washington, DC 20405. B. Substantive Changes
supply and procurement of Government Instructions: Please submit comments
personal property management from the only and cite FPMR Case 2014–101– The following table provides a
FPMR to the FMR. The FPMR will 1/FMR Case 2014–102–2, on all crosswalk from FPMR part 101–25 (left
contain a cross-reference to direct correspondence related to this case. All column) to FMR part 102–32 (right
readers to the coverage in the FMR. This comments received will be posted column). This table identifies where the
proposed rule also eliminates material without change to http:// policy provisions of FPMR part 101–25
that is not regulatory in nature, is overly www.regulations.gov, including any will be migrated to in the FMR, and
prescriptive, outdated, addressed in personal and/or business confidential explains significant changes or
other policy, or no longer appropriate information provided. deletions.
Title 41: Public contracts and property management part 101–25— FMR part 102–32—supply and procurement
general
§ 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 Revised in sections 102–32.20 and 102–32.25.
services.
§ 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 Deleted because this topic is addressed in FMR part 102–39.
purposes.
§ 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 Reg-
ulation (FAR) for general policies on acquisition. The prohibition
tkelley on DSK3SPTVN1PROD with PROPOSALS
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 Policy summarized in section 102–32.45.
consumable or low cost items.
§ 101–25.108 Multiyear subscriptions for publications ............................. Deleted, refer to the FAR for requirements determination and struc-
turing a procurement.
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Title 41: Public contracts and property management part 101–25— FMR part 102–32—supply and procurement
general
§ 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 fa-
cilities.
§ 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 poli-
cies and practices are part of GSA’s policies.
§ 101–25.112 Energy conservation policy ................................................ Deleted because conservation and efficiency is contained in other Fed-
eral law and policy addressing the procurement, management, and
disposal of personal property and nonpersonal services. For exam-
ple, 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 Ac-
quisitions.
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 Office of Management and Budget CHAPTER 102—FEDERAL MANAGEMENT
(OMB) under 44 U.S.C. 3501, et seq. REGULATION
Executive Orders (E.O.s) 12866 of
September 30, 1993 (‘‘Regulatory F. Small Business Regulatory SUBCHAPTER B—PERSONAL PROPERTY
Planning and Review’’), and 13563 of Enforcement Fairness Act ■ 3. Add part 102–32 to subchapter B of
January 18, 2011 (‘‘Improving chapter 102 to read as follows:
Regulation and Regulatory Review’’), This proposed rule is exempt from
direct agencies to assess all costs and Congressional review under 5 U.S.C. PART 102–32—SUPPLY AND
benefits of available regulatory 801 since it relates solely to agency PROCUREMENT
alternatives and, if regulation is management or personnel and does not
necessary, to select regulatory substantially affect the rights or Sec.
approaches that maximize net benefits obligations of non-agency parties. 102–32.5 What is the purpose of this part?
including potential economic, 102–32.10 How does this part use ‘‘I,’’
List of Subjects in Parts 101–25 and ‘‘me,’’ and ‘‘you’’?
environmental, public health and safety 102–32
effects, distributive impacts, and equity. 102–32.15 How does this part apply to my
agency?
E.O. 13563 emphasizes the importance Public contracts, Management of 102–32.20 What definitions apply to this
of quantifying both costs and benefits, of property. part?
reducing costs, of harmonizing rules, 102–32.25 How may I use Government
Dated: February 6, 2015.
and of promoting flexibility. This personal property and services?
proposed rule is not a significant Christine J. Harada,
102–32.30 How must I acquire personal
regulatory action, and therefore, is not Associate Administrator, Office of property?
subject to review under Section 6(b) of Government-wide Policy.
102–32.35 How do I determine the best
E.O. 12866. This proposed rule is not a method of supply?
For the reasons set forth in the
major rule under 5 U.S.C. 804. 102–32.40 What processes are available to
preamble, GSA proposes to amend 41 effectively manage agency personal
D. Regulatory Flexibility Act CFR chapters 101 and 102 as follows: property assets?
This proposed rule will not have a CHAPTER 101—FEDERAL PROPERTY 102–32.45 How do I manage low-value
significant economic impact on a MANAGEMENT REGULATIONS Federal personal property?
substantial number of small entities 102–32.50 What are supply management
within the meaning of the Regulatory PART 101–25—GENERAL surveys?
Flexibility Act, 5 U.S.C. 601, et seq. This 102–32.55 What are Use and Replacement
Standards?
proposed rule is also exempt from the ■ 1. Revise the authority citation for part
Administrative Procedure Act per 5 101–25 to read as follows: Authority: 40 U.S.C. 121(c) and 40 U.S.C.
U.S.C. 553(a)(2) because it applies to 506(a).
Authority: 40 U.S.C. 121(c) and 40 U.S.C.
agency management or personnel or to 506(a). § 102–32.5 What is the purpose of this
public property. part?
■ 2. Revise § 101–25 to read as follows:
E. Paperwork Reduction Act
tkelley on DSK3SPTVN1PROD with PROPOSALS
This part provides policy for the
The Paperwork Reduction Act does § 101–25 Cross-reference to the Federal effective and efficient supply and
Management Regulation (FMR) (41 CFR
not apply because this proposed rule procurement of personal property items
parts 102–1 through 102–220).
does not impose recordkeeping or necessary to support the programs of the
information collection requirements, or For information on the supply and Federal Government, as well as the use
the collection of information from procurement of personal property of Federal personal property assets to
offerors, contractors, or members of the previously contained in this part, see preserve agency funds and contribute to
public which require the approval of the FMR part 102–32 (41 CFR part 102–32). the accomplishment of agency missions.
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(b) Replacement Standards guide critical habitat to include Pacific Ocean Joint NMFS-Fish and Wildlife Service
agencies to consider an effective marine waters along the West Coast of (FWS) regulations for designating
replacement strategy for Government the United States that constitute critical habitat at 50 CFR 424.12(b) state
personal property items. For example, essential foraging and wintering areas that the agencies ‘‘shall consider those
an agency may designate a type of item for Southern Resident killer whales. physical and biological features that are
to be replaced every three years, based Additionally, the petition requests that essential to the conservation of a given
upon the expected trends of reliability, we adopt as a primary constituent species and that may require special
maintenance costs, and usefulness as element (PCE), for both currently management considerations or
the item ages. However, actual designated critical habitat and the protection (hereafter also referred to as
replacement decisions should also proposed revised critical habitat, ‘Essential Features’ or ‘Primary
consider the condition of the item. protective in-water sound levels. The Constituent Elements’/PCEs’).’’ Pursuant
(c) Agencies should consider ESA defines a process for responding to to these regulations, such features
voluntary consensus standards, industry petitions to revise critical habitat. We include, but are not limited to space for
standards, and Federal best-practices in have reviewed the public comments and individual and population growth, and
developing Use and Replacement best available information on Southern normal behavior; food, water, air, light,
Standards. Factors to consider when Resident killer whale habitat use and as minerals, or other nutritional or
choosing standards to use are outlined the next step in the response to the physiological requirements; cover or
in OMB Circular A–119, ‘‘Federal petition process defined in the ESA, this shelter; sites for breeding, reproduction,
Participation in the Development and 12-month determination describes how rearing of offspring; and habitats that are
Use of Voluntary Consensus Standards we intend to proceed with the requested protected from disturbance or are
and in Conformity Assessment revision. representative of the historic
Activities.’’ Voluntary consensus DATES: The finding announced in this geographical and ecological distribution
standards must be used in lieu of document was made on February 24, of a species. When considering the
Government-unique standards unless 2015. designation of critical habitat, we focus
such use would be inconsistent with on the principal biological or physical
ADDRESSES: Copies of the petition, 90-
applicable law or regulation, or be constituent elements, known as primary
day finding, and the list of references
otherwise impractical. constituent elements (PCEs). PCEs may
are available online at: http://
[FR Doc. 2015–03484 Filed 2–23–15; 8:45 am] www.westcoast.fisheries.noaa.gov/ include, but are not limited to: nesting
BILLING CODE 6820–14–P protected_species/marine_mammals/ grounds, feeding sites, water quality,
killer_whale/esa_status.html tide, and geological formation. Our
Requests for copies of this implementing regulations (50 CFR
DEPARTMENT OF COMMERCE determination should be addressed to: 424.02) define ‘‘special management
NMFS, West Coast Region, Protected considerations or protection’’ as any
National Oceanic and Atmospheric Resources Division, 7600 Sand Point method or procedure useful in
Administration Way NE., Seattle, WA 98115. protecting physical and biological
Attention—Lynne Barre, Seattle Branch features of the environment for the
50 CFR Part 226 Chief. conservation of the species.
FOR FURTHER INFORMATION CONTACT: Section 4(b)(2) of the ESA requires us
[Docket No. 140407321–5096–02]
Lynne Barre, NMFS West Coast Region, to designate and make revisions to
RIN 0648–XD233 (206) 526–4745; or Dwayne Meadows, critical habitat for listed species based
NMFS Office of Protected Resources, on the best scientific data available and
Listing Endangered or Threatened after taking into consideration the
(301) 427–8403.
Species; 12-Month Finding on a economic impact, the impact on
Petition To Revise the Critical Habitat SUPPLEMENTARY INFORMATION:
national security, and any other relevant
Designation for the Southern Resident Background impact, of specifying any particular area
Killer Whale Distinct Population as critical habitat. The Secretary of
On January 21, 2014, we received a
Segment Commerce may exclude any particular
petition from the Center for Biological
AGENCY: National Marine Fisheries Diversity requesting revisions to the area from critical habitat if he
Service (NMFS), National Oceanic and critical habitat designation for the determines that the benefits of such
Atmospheric Administration (NOAA), Southern Resident killer whale DPS. exclusion outweigh the benefits of
Commerce. That requested revision sets in motion specifying such area as part of the
ACTION: Notice of 12-month finding. a process for agency response defined in critical habitat, unless she determines
the ESA and explained below. that the failure to designate such area as
SUMMARY: We, the National Marine The ESA defines critical habitat under critical habitat will result in the
Fisheries Service (NMFS), announce a section 3(5)(A) as: ‘‘(i) the specific areas extinction of the species concerned.
12-month finding on a petition from the within the geographical area currently NMFS and FWS have recently
Center for Biological Diversity to revise occupied by the species, at the time it published proposed rules to implement
the critical habitat designation for the is listed . . . on which are found those changes to the regulations for
Southern Resident killer whale (Orcinus physical or biological features (I) designating critical habitat. The
orca) Distinct Population Segment (DPS) essential to the conservation of the proposed amendments would make
tkelley on DSK3SPTVN1PROD with PROPOSALS
under the Endangered Species Act species and (II) which may require minor edits to the scope and purpose,
(ESA). In November 2006 we issued a special management considerations or add and remove some definitions (e.g.,
final rule designating approximately protection; and (ii) specific areas geographic area and essential features),
2,560 square miles (6,630 square km) of outside the geographical area occupied and clarify the criteria for designating
inland waters of Washington State as by the species at the time it is listed critical habitat (79 FR 27066; May 12,
critical habitat for the Southern upon a determination by the Secretary 2014). We will incorporate any relevant
Resident killer whale DPS. The January that such areas are essential for the final regulations and guidance into our
2014 petition requests we revise this conservation of the species.’’ process for revising critical habitat.
VerDate Sep<11>2014 16:04 Feb 23, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM 24FEP1](https://thefederalregister.org/doc/80_FR_9715/page/4.svg)
Document Created: 2015-12-18 13:22:37
Document Modified: 2015-12-18 13:22:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Interested parties should submit written comments to the | |
| 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. | |
| FR Citation | 80 FR 9679 | |
| RIN Number | 3090-AJ50 | |
| CFR Citation | 41
CFR
101-25 41 CFR 102-32 |
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