Daily Rules, Proposed Rules, and Notices of the Federal Government
This proposed amendment to part 102-37 of the Federal Management Regulation (41 CFR part 102-37) adds as potential recipients of Federal surplus property those organizations whose membership comprises substantially of veterans, as authorized by Public Law 111-338, codified at 40 U.S.C. 549(c)(3)(B)(x). This proposed amendment also adds two new subparts to part 102-37. The first proposed subpart updates and clarifies policy for Federal agencies and donation program customers regarding the use of SF 97,
Executive Orders 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). Executive Order 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, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This proposed rule is not a major rule under 5 U.S.C. 804.
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,
The Paperwork Reduction Act does not apply because the proposed 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,
This proposed rule is exempt from Congressional review under 5 U.S.C. 801 since it does not substantially affect the rights or obligations of non-agency parties.
Donation of Surplus Personal Property.
For the reasons set forth in the preamble, GSA proposes to amend 41 CFR part 102-37 as set forth below:
1. The authority for part 102-37 continues to read as follows:
40 U.S.C. 549 and 121(c).
2. Amend § 102-37.25 by alphabetically adding the definition “Allocation” to read as follows:
The following definitions apply to this part:
3. Amend § 102-37.50 by revising paragraph (c) to read as follows:
(c) The American National Red Cross should submit requests to GSA as described in subpart G of this part when obtaining property under the authority of 40 U.S.C. 551.
4. Amend § 102-37.60 in the first sentence by removing the words “being notified that the property is available for pickup” and adding the words “GSA allocation” in its place.
5. Amend § 102-37.125 by revising paragraph (a)(3) to read as follows:
(a) * * *
(3) Donations by the Small Business Administration (SBA) to small disadvantaged businesses under 13 CFR part 124 (although collaboration and agreement between the SBA, SASPs, and GSA is encouraged); and
6. Amend § 102-37.175 by—
(a) Removing “GSA's system, FEDS)” and adding “GSAXcess)” in its place;
(b) Designating the existing paragraph as paragraph (a); and
(c) Adding a new paragraph (b) to read as follows:
(b) For the SASP (or a SASP's representative) to perform onsite screening, the screener must coordinate the onsite visit and screening with the individual holding agency or organization. The screener should ascertain the identification required and any special procedures for access to the facility or location.
7. Remove and reserve §§ 102-37.180 and 102-37.185 .
8. Amend § 102-37.380 by adding paragraph (b)(18) to read as follows:
(b) * * *
(18) Organizations whose membership comprises substantially veterans (as defined under 38 U.S.C. 101), and whose representatives are recognized by the Secretary of Veterans Affairs pursuant to the provisions of 38 U.S.C. 5902. In this subsection, “substantially veterans” means at least 30 percent of the members of the requesting organization are classified as veterans, as that term is defined by 38 U.S.C. 101. The Department of Veterans Affairs maintains a searchable Web site of recognized organizations. The address is
9. Amend § 102-37.420 by adding a second and a third sentence to read as follows:
* * * In situations where there are no approvals, accreditation or licensing entities, the SASP may make a determination on conditional eligibility based on its State Plan and the provisions of this part. Conditional eligibility may be granted for a limited and reasonable time, not to exceed one year.
10. Amend § 102-37.430 by adding a third sentence to read as follows:
* * * If property is provided to the donee with conditional eligibility, and the conditional eligibility lapses (see § 102-37.420), the property must be returned to the SASP for redistribution or disposal.
11. Add Subparts I and J consisting of §§ 102-37.585 through 102-37.600 and § 102-37.605 through 102-37.610 respectively to read as follows:
The holding agency is responsible for preparing
The SASP is responsible for facilitating the transfer of the surplus vehicle to the donee in accordance with this part. The SASP should not sign the SF 97 as “transferee” unless the vehicle will be used and titled by the SASP.
The donee is responsible for processing the SF 97 in accordance with state licensing and titling authorities. The donee signs the SF 97 as “transferee.” The donee is responsible for notifying the SASP if a SF 97 is not provided by the Government within a reasonable time after vehicle transfer.
Title to the vehicle rests with the holding agency until the SF 97 is signed by the transferee. At that point, the transferee will hold conditional title until the end of the period of restriction, if applicable, under the terms of the donation.
Yes, for vehicles, the SASP and/or the transferee must follow state laws for insurance requirements of state owned vehicles and state minimum insurance requirements for other than state owned vehicles. For other assets, insurance must be acquired to at least the minimum amount as mandated by applicable law or regulation.
(a) If the loss occurs while the property is insured and in the possession (or under the control) of the SASP, the SASP may retain proceeds to cover the SASP's costs incurred to acquire and rehabilitate the property prior to its loss. GSA is entitled to proceeds in excess of the costs incurred by the state.
(b) If the loss occurs while the property is insured and in the possession (or under the control) of the donee, the donee may retain proceeds to cover the costs that the donee incurred to acquire and rehabilitate the property prior to its loss. Entitlement to insurance proceeds in excess of the costs incurred by the donee depends on the time of the loss in relation to the period of restriction if the loss was incurred:
(1) During the period of restriction imposed by GSA (
(2) During an additional period of restriction imposed by the SASP (
(3) After all periods of restriction imposed by the GSA and/or SASP, the donee is entitled to the proceeds.
12. Amend Appendix C to part 102-37 by alphabetically adding the definition of “Veterans Organizations” to read as follows: