83_FR_42611 83 FR 42448 - Federal Management Regulation; Annual Real Property Inventories

83 FR 42448 - Federal Management Regulation; Annual Real Property Inventories

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 83, Issue 163 (August 22, 2018)

Page Range42448-42449
FR Document2018-18041

The General Services Administration (GSA) is issuing a direct final rule to remove and reserve regulations regarding the Federal Management Regulation (FMR). The regulations contain ambiguous and outdated provisions regarding reporting requirements, as well as references to systems and forms that are no longer used by agencies or GSA. The regulations are also unnecessary as a result of the Federal Assets Sale and Transfer Act of 2016 and the Federal Property Management Reform Act of 2016, which require executive agencies to report real property data annually to GSA.

Federal Register, Volume 83 Issue 163 (Wednesday, August 22, 2018)
[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Rules and Regulations]
[Pages 42448-42449]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18041]



[[Page 42448]]

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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-84

[FMR Case 2018-102-8; Docket 2018-0009; Sequence 1]
RIN 3090-AJ72


Federal Management Regulation; Annual Real Property Inventories

AGENCY: Office of Government-wide Policy (OGP), General Services 
Administration (GSA).

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration (GSA) is issuing a direct 
final rule to remove and reserve regulations regarding the Federal 
Management Regulation (FMR). The regulations contain ambiguous and 
outdated provisions regarding reporting requirements, as well as 
references to systems and forms that are no longer used by agencies or 
GSA. The regulations are also unnecessary as a result of the Federal 
Assets Sale and Transfer Act of 2016 and the Federal Property 
Management Reform Act of 2016, which require executive agencies to 
report real property data annually to GSA.

DATES: Effective date: October 22, 2018.
    Comment date: Interested parties should submit written comments to 
the Regulatory Secretariat Division at one of the addresses shown below 
on or before September 21, 2018. If an adverse comment or notice of 
intent to file an adverse comment is received within the specified 
comment period, GSA will publish a document in the Federal Register 
withdrawing this rule prior to the effective date.

ADDRESSES: Submit comments in response to FMR Case 2018-102-8 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal Rulemaking Portal by entering ``FMR Case 2018-
102-8'' under the heading ``Enter Keyword or ID'' and select 
``Search''. Select the link ``Submit a Comment'' that corresponds with 
``FMR Case 2018-102-8'' and follow the instructions provided at the 
``Comment Now'' screen. Please include your name, company name (if 
any), and ``FMR Case 2018-102-8'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Ms. Lois Mandell, 1800 F Street NW, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FMR Case 2018-
102-8 in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and business confidential information provided. To confirm 
receipt of your comment(s), please check http://www.regulations.gov 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Aluanda Drain, Director, Real Property Policy Division, Office of 
Government-wide Policy, at 202-501-1624, or [email protected]. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, 
DC 20405, 202-501-4755. Please cite FMR Case 2018-102-8.

SUPPLEMENTARY INFORMATION: 

A. Background

    Federal agencies annually reported real property assets as a result 
of the Senate Committee on Appropriations request that the Government 
maintain an Annual Real Property Inventory. Executive Order (E.O.) 
12411, Government Work Space Management Reforms, dated March 29, 1983 
(48 FR 13391, 3 CFR, 1983 Comp., p. 155), requires Executive agencies 
to produce and maintain a total inventory of work space and related 
furnishings, and declare excess to the Administrator of General 
Services all such holdings that are not necessary to satisfy existing 
or known and verified planned programs. It further requires agencies to 
establish information systems, implement inventory controls and conduct 
surveys in accordance with procedures established by the Administrator 
of General Services, so that a government-wide reporting system may be 
developed.
    E.O. 13327, Federal Real Property Asset Management, dated February 
4, 2004 (69 FR 5897), required that the Administrator of General 
Services, in consultation with the Federal Real Property Council, 
establish and maintain a single, comprehensive and descriptive database 
of all real property under the custody and control of all executive 
branch agencies, except when otherwise required for reasons of national 
security. This E.O. authorized the Administrator to collect from each 
Executive agency such descriptive information, except for classified 
information, as the Administrator considers will best describe the 
nature, use, and extent of real property holdings of the Federal 
Government.
    Since the last part 102-84 regulatory update in January 2008 to 
incorporate the guidance of E.O. 13327, the E.O. has been amended. More 
recently two laws were enacted, the Federal Assets Sales and Transfer 
Act of 2016 (Pub. L. 114-287) and the Federal Property Management 
Reform Act of 2016 (Pub. L. 114-318) that create a statutory 
requirement for a publicly accessible federal real property database 
and require executive agencies to report real property data annually to 
GSA.
    Therefore, part 102-84, Annual Real Property Inventories, is 
unnecessary and outdated, and under the authority of 40 U.S.C. 121(c), 
GSA is removing part 102-84, Annual Real Property Inventories, and 
reserving it.

B. Executive Orders 12866 and 13563

    E.O.s 12866 and 13563 direct agencies to assess all costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). E.O. 13563 emphasizes the 
importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. GSA has determined 
that this direct final rule is not a significant regulatory action and 
is not subject to review under section 6(b) of E.O. 12866. GSA has 
further determined that this direct final rule is not a major rule 
under 5 U.S.C. 804.

C. Executive Order 13771

    This direct final rule is not subject to the requirements of E.O. 
13771 because it is related to agency organization, management, or 
personnel.

D. Regulatory Flexibility Act

    This direct final rule will not have a significant economic impact 
on a substantial number of entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. This direct final rule 
is also exempt from the Administrative Procedures Act per 5 U.S.C. 
553(a)(2), because it applies to agency management or personnel.

E. 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 public that require the approval of the

[[Page 42449]]

Office of Management and Budget under 44 U.S.C. 3501 et seq.

F. Small Business Regulatory Enforcement Fairness Act

    This direct 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 102-84

    Federal buildings and facilities, Government property management.

    Dated: August 14, 2018.
Emily W. Murphy,
Administrator.

PART 102-84--[REMOVED AND RESERVED]

0
For the reasons stated in the preamble, and under the authority of 40 
U.S.C. 121(c), GSA is removing and reserving 41 CFR part 102-84, 
consisting of sections 102-84.5 through 102-84.55.

[FR Doc. 2018-18041 Filed 8-21-18; 8:45 am]
 BILLING CODE 6820-14-P



                                           42448            Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations

                                           GENERAL SERVICES                                        all correspondence related to this case.              use, and extent of real property holdings
                                           ADMINISTRATION                                          All comments received will be posted                  of the Federal Government.
                                                                                                   without change to http://                               Since the last part 102–84 regulatory
                                           41 CFR Part 102–84                                      www.regulations.gov, including any                    update in January 2008 to incorporate
                                           [FMR Case 2018–102–8; Docket 2018–0009;                 personal and business confidential                    the guidance of E.O. 13327, the E.O. has
                                           Sequence 1]                                             information provided. To confirm                      been amended. More recently two laws
                                                                                                   receipt of your comment(s), please                    were enacted, the Federal Assets Sales
                                           RIN 3090–AJ72                                           check http://www.regulations.gov                      and Transfer Act of 2016 (Pub. L. 114–
                                                                                                   approximately two to three days after                 287) and the Federal Property
                                           Federal Management Regulation;
                                                                                                   submission to verify posting (except                  Management Reform Act of 2016 (Pub.
                                           Annual Real Property Inventories
                                                                                                   allow 30 days for posting of comments                 L. 114–318) that create a statutory
                                           AGENCY:  Office of Government-wide                      submitted by mail).                                   requirement for a publicly accessible
                                           Policy (OGP), General Services                          FOR FURTHER INFORMATION CONTACT: For                  federal real property database and
                                           Administration (GSA).                                   clarification of content, contact Ms.                 require executive agencies to report real
                                           ACTION: Direct final rule; request for                  Aluanda Drain, Director, Real Property                property data annually to GSA.
                                           comments.                                               Policy Division, Office of Government-                  Therefore, part 102–84, Annual Real
                                                                                                   wide Policy, at 202–501–1624, or                      Property Inventories, is unnecessary and
                                           SUMMARY:    The General Services                        aluanda.drain@gsa.gov. For information                outdated, and under the authority of 40
                                           Administration (GSA) is issuing a direct                pertaining to status or publication                   U.S.C. 121(c), GSA is removing part
                                           final rule to remove and reserve                        schedules, contact the Regulatory                     102–84, Annual Real Property
                                           regulations regarding the Federal                       Secretariat Division (MVCB), 1800 F                   Inventories, and reserving it.
                                           Management Regulation (FMR). The                        Street NW, Washington, DC 20405, 202–
                                           regulations contain ambiguous and                                                                             B. Executive Orders 12866 and 13563
                                                                                                   501–4755. Please cite FMR Case 2018–
                                           outdated provisions regarding reporting                 102–8.                                                   E.O.s 12866 and 13563 direct agencies
                                           requirements, as well as references to                  SUPPLEMENTARY INFORMATION:                            to assess all costs and benefits of
                                           systems and forms that are no longer                                                                          available regulatory alternatives and, if
                                           used by agencies or GSA. The                            A. Background                                         regulation is necessary, to select
                                           regulations are also unnecessary as a                      Federal agencies annually reported                 regulatory approaches that maximize
                                           result of the Federal Assets Sale and                   real property assets as a result of the               net benefits (including potential
                                           Transfer Act of 2016 and the Federal                    Senate Committee on Appropriations                    economic, environmental, public health
                                           Property Management Reform Act of                       request that the Government maintain                  and safety effects, distributive impacts,
                                           2016, which require executive agencies                  an Annual Real Property Inventory.                    and equity). E.O. 13563 emphasizes the
                                           to report real property data annually to                Executive Order (E.O.) 12411,                         importance of quantifying both costs
                                           GSA.                                                    Government Work Space Management                      and benefits, of reducing costs, of
                                           DATES: Effective date: October 22, 2018.                Reforms, dated March 29, 1983 (48 FR                  harmonizing rules, and of promoting
                                              Comment date: Interested parties                     13391, 3 CFR, 1983 Comp., p. 155),                    flexibility. GSA has determined that this
                                           should submit written comments to the                   requires Executive agencies to produce                direct final rule is not a significant
                                           Regulatory Secretariat Division at one of               and maintain a total inventory of work                regulatory action and is not subject to
                                           the addresses shown below on or before                  space and related furnishings, and                    review under section 6(b) of E.O. 12866.
                                           September 21, 2018. If an adverse                       declare excess to the Administrator of                GSA has further determined that this
                                           comment or notice of intent to file an                  General Services all such holdings that               direct final rule is not a major rule
                                           adverse comment is received within the                  are not necessary to satisfy existing or              under 5 U.S.C. 804.
                                           specified comment period, GSA will                      known and verified planned programs.
                                           publish a document in the Federal                                                                             C. Executive Order 13771
                                                                                                   It further requires agencies to establish
                                           Register withdrawing this rule prior to                 information systems, implement                           This direct final rule is not subject to
                                           the effective date.                                     inventory controls and conduct surveys                the requirements of E.O. 13771 because
                                           ADDRESSES: Submit comments in                           in accordance with procedures                         it is related to agency organization,
                                           response to FMR Case 2018–102–8 by                      established by the Administrator of                   management, or personnel.
                                           any of the following methods:                           General Services, so that a government-
                                                                                                                                                         D. Regulatory Flexibility Act
                                              • Regulations.gov: http://                           wide reporting system may be
                                           www.regulations.gov. Submit comments                    developed.                                              This direct final rule will not have a
                                           via the Federal Rulemaking Portal by                       E.O. 13327, Federal Real Property                  significant economic impact on a
                                           entering ‘‘FMR Case 2018–102–8’’ under                  Asset Management, dated February 4,                   substantial number of entities within
                                           the heading ‘‘Enter Keyword or ID’’ and                 2004 (69 FR 5897), required that the                  the meaning of the Regulatory
                                           select ‘‘Search’’. Select the link ‘‘Submit             Administrator of General Services, in                 Flexibility Act, 5 U.S.C. 601 et seq. This
                                           a Comment’’ that corresponds with                       consultation with the Federal Real                    direct final rule is also exempt from the
                                           ‘‘FMR Case 2018–102–8’’ and follow the                  Property Council, establish and                       Administrative Procedures Act per 5
                                           instructions provided at the ‘‘Comment                  maintain a single, comprehensive and                  U.S.C. 553(a)(2), because it applies to
                                           Now’’ screen. Please include your name,                 descriptive database of all real property             agency management or personnel.
                                           company name (if any), and ‘‘FMR Case                   under the custody and control of all
                                                                                                                                                         E. Paperwork Reduction Act
                                           2018–102–8’’ on your attached                           executive branch agencies, except when
                                           document.                                               otherwise required for reasons of                       The Paperwork Reduction Act does
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                                              • Mail: General Services                             national security. This E.O. authorized               not apply because the changes to the
                                           Administration, Regulatory Secretariat                  the Administrator to collect from each                FMR do not impose recordkeeping or
                                           (MVCB), ATTN: Ms. Lois Mandell, 1800                    Executive agency such descriptive                     information collection requirements, or
                                           F Street NW, Washington, DC 20405.                      information, except for classified                    the collection of information from
                                              Instructions: Please submit comments                 information, as the Administrator                     offerors, contractors, or members of the
                                           only and cite FMR Case 2018–102–8 in                    considers will best describe the nature,              public that require the approval of the


                                      VerDate Sep<11>2014   16:01 Aug 21, 2018   Jkt 244001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\22AUR1.SGM   22AUR1


                                                            Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations                                            42449

                                           Office of Management and Budget under                   2018, until 12:01 a.m., local time, on                snapper-grouper fishery and is
                                           44 U.S.C. 3501 et seq.                                  January 1, 2019.                                      consistent with the Magnuson-Stevens
                                           F. Small Business Regulatory                            FOR FURTHER INFORMATION CONTACT:                      Act and other applicable laws.
                                           Enforcement Fairness Act                                Mary Vara, NMFS Southeast Regional                       This action is taken under 50 CFR
                                                                                                   Office, telephone: 727–824–5305, email:               622.193(z)(1)(i) and is exempt from
                                             This direct final rule is exempt from                 mary.vara@noaa.gov.
                                           Congressional review under 5 U.S.C.                                                                           review under Executive Order 12866.
                                                                                                   SUPPLEMENTARY INFORMATION: The
                                           801 since it relates solely to agency                                                                            These measures are exempt from the
                                                                                                   snapper-grouper fishery of the South
                                           management and personnel.                                                                                     procedures of the Regulatory Flexibility
                                                                                                   Atlantic includes blueline tilefish and is
                                                                                                                                                         Act because the temporary rule is issued
                                           List of Subjects in 41 CFR Part 102–84                  managed under the Fishery
                                                                                                   Management Plan for the Snapper-                      without opportunity for prior notice and
                                             Federal buildings and facilities,                                                                           comment.
                                           Government property management.                         Grouper Fishery of the South Atlantic
                                                                                                   Region (FMP). The South Atlantic                         This action responds to the best
                                            Dated: August 14, 2018.                                Fishery Management Council and                        scientific information available. The
                                           Emily W. Murphy,                                        NMFS prepared the FMP, and the FMP                    Assistant Administrator for NOAA
                                           Administrator.                                          is implemented by NMFS under the                      Fisheries (AA) finds that the need to
                                                                                                   authority of the Magnuson-Stevens                     immediately implement this action to
                                           PART 102–84—[REMOVED AND                                Fishery Conservation and Management                   close the commercial sector for blueline
                                           RESERVED]                                               Act (Magnuson-Stevens Act) by                         tilefish constitutes good cause to waive
                                           ■ For the reasons stated in the preamble,               regulations at 50 CFR part 622.                       the requirements to provide prior notice
                                           and under the authority of 40 U.S.C.                       As specified at 50 CFR                             and opportunity for public comment
                                           121(c), GSA is removing and reserving                   622.193(z)(1)(i), the commercial ACL for              pursuant to the authority set forth in 5
                                           41 CFR part 102–84, consisting of                       blueline tilefish is 87,521 lb (39,699 kg),           U.S.C. 553(b)(B), as such prior notice
                                           sections 102–84.5 through 102–84.55.                    round weight. The commercial AM for                   and opportunity for public comment are
                                                                                                   blueline tilefish requires NMFS to close              unnecessary and contrary to the public
                                           [FR Doc. 2018–18041 Filed 8–21–18; 8:45 am]
                                                                                                   the commercial sector when the
                                           BILLING CODE 6820–14–P                                                                                        interest. Such procedures are
                                                                                                   commercial ACL is reached, or is
                                                                                                                                                         unnecessary because the regulations at
                                                                                                   projected to be reached, by filing a
                                                                                                                                                         50 CFR 622.193(z)(1)(i) have already
                                                                                                   notification to that effect with the Office
                                           DEPARTMENT OF COMMERCE                                  of the Federal Register (50 CFR                       been subject to notice and comment,
                                                                                                   622.193(z)(1)(i)). NMFS has projected                 and all that remains is to notify the
                                           National Oceanic and Atmospheric                        that the commercial ACL for South                     public of the closure. Prior notice and
                                           Administration                                          Atlantic blueline tilefish will be reached            opportunity for public comment are
                                                                                                   by August 22, 2018. Accordingly, the                  contrary to the public interest because
                                           50 CFR Part 622                                         commercial sector for South Atlantic                  there is a need to immediately
                                           [Docket No. 140501394–5279–02]                          blueline tilefish is closed effective at              implement this action to protect
                                                                                                   12:01 a.m., local time, on August 22,                 blueline tilefish, since the capacity of
                                           RIN 0648–XG424
                                                                                                   2018, until 12:01 a.m., local time, on                the fishing fleet allows for rapid harvest
                                           Fisheries of the Caribbean, Gulf of                     January 1, 2019.                                      of the commercial ACL. Prior notice and
                                           Mexico, and South Atlantic; 2018                           The operator of a vessel with a valid              opportunity for public comment would
                                           Commercial Accountability Measure                       Federal commercial vessel permit for                  require time and would potentially
                                           and Closure for South Atlantic Blueline                 South Atlantic snapper-grouper having                 result in a harvest well in excess of the
                                           Tilefish                                                blueline tilefish on board must have                  established commercial ACL.
                                                                                                   landed and bartered, traded, or sold
                                           AGENCY:  National Marine Fisheries                                                                               For the aforementioned reasons, the
                                                                                                   such blueline tilefish prior to August 22,
                                           Service (NMFS), National Oceanic and                                                                          AA also finds good cause to waive the
                                                                                                   2018. During the commercial closure, all
                                           Atmospheric Administration (NOAA),                                                                            30-day delay in the effectiveness of this
                                                                                                   sale or purchase of blueline tilefish is
                                           Commerce.                                               prohibited. The harvest or possession of              action under 5 U.S.C. 553(d)(3).
                                           ACTION: Temporary rule; closure.                        blueline tilefish in or from the South                  Authority: 16 U.S.C. 1801 et seq.
                                                                                                   Atlantic EEZ is limited to the bag and                  Dated: August 17, 2018.
                                           SUMMARY:   NMFS implements an                           possession limits specified in 50 CFR
                                           accountability measure (AM) for                                                                               Alan D. Risenhoover,
                                                                                                   622.187(b)(2) and 622.187(c)(1),
                                           commercial blueline tilefish in the                     respectively, while the recreational                  Director, Office of Sustainable Fisheries,
                                           exclusive economic zone (EEZ) of the                    sector for blueline tilefish is open.                 National Marine Fisheries Service.
                                           South Atlantic. Commercial landings of                  These bag and possession limits apply                 [FR Doc. 2018–18133 Filed 8–17–18; 4:15 pm]
                                           blueline tilefish are projected to reach                in the South Atlantic on board a vessel               BILLING CODE 3510–22–P
                                           the commercial annual catch limit                       with a valid Federal commercial or
                                           (ACL) by August 22, 2018. Therefore,                    charter vessel/headboat permit for
                                           NMFS is closing the commercial sector                   South Atlantic snapper-grouper, and
                                           for blueline tilefish in the South                      apply to the harvest of blueline tilefish
                                           Atlantic EEZ at 12:01 a.m., local time,                 in both state and Federal waters.
                                           on August 22, 2018, and it will remain
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                                           closed until the start of the next fishing              Classification
                                           year on January 1, 2019. This closure is                  The Regional Administrator for the
                                           necessary to protect the blueline tilefish              NMFS Southeast Region has determined
                                           resource.                                               this temporary rule is necessary for the
                                           DATES: This temporary rule is effective                 conservation and management of
                                           at 12:01 a.m., local time, on August 22,                blueline tilefish and the South Atlantic


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Document Created: 2018-08-22 00:38:09
Document Modified: 2018-08-22 00:38:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule; request for comments.
DatesEffective date: October 22, 2018.
ContactFor clarification of content, contact Ms. Aluanda Drain, Director, Real Property Policy Division, Office of Government-wide Policy, at 202-501-1624, or [email protected] For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405, 202-501-4755. Please cite FMR Case 2018-102-8.
FR Citation83 FR 42448 
RIN Number3090-AJ72
CFR AssociatedFederal Buildings and Facilities and Government Property Management

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