29 July 1999 Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html ----------------------------------------------------------------------- [Federal Register: July 29, 1999 (Volume 64, Number 145)] [Notices] [Page 41123] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr29jy99-73] ----------------------------------------------------------------------- GENERAL SERVICES ADMINISTRATION [GSA Bulletin FPMR H-75] Utilization and Disposal To: Heads of Federal agencies Subject: Reporting requirements for firearms 1. What is the purpose of this bulletin? This bulletin announces detailed reporting requirements for firearms. 2. When does this bulletin expire? This bulletin will remain in effect until specifically cancelled. 3. What is the background? The Federal Property Management Regulations (FPMR) were amended at 41 CFR 101-43.4801(c) to add new reporting requirements for firearms. The purpose of this bulletin is to alert Federal agencies of the need to provide certain descriptive information when submitting excess property reports of firearms to GSA. 4. How should firearms be reported? Each firearm will be reported as a single item per report to include serial number, make and model. 5. Who should you contact for further information? Martha Caswell, Director, Personal Property Management Policy Division (MTP), Office of Governmentwide Policy, General Services Administration, Washington, DC 20405; telephone, (202) 501-3846; e-mail, martha.caswell@gsa.gov. Dated: July 23, 1999. Joan Steyaert, Acting Associate Administrator, Office of Governmentwide Policy. [FR Doc. 99-19367 Filed 7-28-99; 8:45 am] BILLING CODE 6820-34-P ----------------------------------------------------------------------- [Federal Register: July 28, 1999 (Volume 64, Number 144)] [Rules and Regulations] [Page 40772-40774] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr28jy99-12] ======================================================================= ----------------------------------------------------------------------- GENERAL SERVICES ADMINISTRATION 41 CFR Parts 101-42 and 101-43 [FPMR Amendment H-204] RIN 3090-AG80 Excess Personal Property Reporting Requirements AGENCY: Office of Governmentwide Policy, GSA ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule revises the Federal Property Management Regulations (FPMR) to remove the prohibition on donation of surplus Federal firearms to allow donations to State and local law enforcement activities. This rule also revises the FPMR to streamline and simplify the assignment of the disposal condition codes which Federal agencies use to report their excess personal property for utilization and donation. EFFECTIVE DATE: July 28, 1999. FOR FURTHER INFORMATION CONTACT: Ms. Martha Caswell, Director, Personal Property Management Policy Division (MTP), 202-501-3828. SUPPLEMENTARY INFORMATION: A. Background This final rule combines two proposed rules: Donation of Certain Federal Surplus Firearms to State or Local Law Enforcement Activities, published in the Federal Register on December 9, 1998 (63 FR 68136). Four comments were received and considered in the formulation of this final rule. Excess Personal Property Reporting Requirements, published in the Federal Register on December 29, 1998 (63 FR 71686). No comments were received. B. Executive Order 12866 The General Services Administration (GSA) has determined that this final rule is not a significant rule for the purposes of Executive Order 12866 of September 30, 1993. C. Regulatory Flexibility Act GSA certifies that this final 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. D. Paperwork Reduction Act The Paperwork Reduction Act does not apply because this final rule does not impose record keeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public that require the approval of the Office of Management and Budget (OMB) under 44 U.S.C. 501, et seq. E. Small Business Regulatory Enforcement Fairness Act This final rule is also exempt from congressional review prescribed under 5 U.S.C. 801 since it relates solely to agency management and personnel. List of Subjects 41 CFR Part 101-42 Government property management, Hazardous materials, Reporting and recordkeeping requirements, Surplus Government property. 41 CFR Part 101-43 Government property management, Surplus Government property. For the reasons set forth in the preamble, 41 CFR Parts 101-42 and 101-43 are amended as follows: 1. The authority citation for parts 101-42 and 101-43 continues to read as follows: Authority: Sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486(c). PART 101-42--UTILIZATION AND DISPOSAL OF HAZARDOUS MATERIALS AND CERTAIN CATEGORIES OF PROPERTY 2. Section 101-42.1102-10 is amended by revising paragraphs (a) and (b) to read as follows: Sec. 101-42.1102-10 Firearms. (a) Utilization requirements. (1) In accordance with Sec. 101- 43.4801(c) of this chapter, reports of excess reportable firearms and requests for their transfer must be submitted to the: General Services Administration (7FP-8), Denver, CO 80225-0506. (2) Firearms may be transferred only to those Federal agencies authorized to acquire firearms for official use. Such transfers must be executed under Sec. 101-43.309-5 of this chapter and, when applicable, Sec. 101-42.1102-8(b). Additional written justification from the requesting agency may be required. (b) Donation requirements. (1) Only handguns, rifles, shotguns, and individual light automatic weapons, all less than .50 caliber in FSC 1005, and rifle and shoulder fired grenade launchers in FSC 1010, assigned a disposal condition code of 4 or better, as defined in Sec. 101-43.4801(e) of this chapter, may be offered by GSA (7FP-8) to State agencies for donation to eligible law enforcement entities for law enforcement purposes only. Donations are limited to only those eligible law enforcement entities whose primary function is the enforcement of applicable Federal, State, and/or local laws, and whose compensated law enforcement officers have powers to apprehend and arrest. Such donations must be executed under Sec. 101-42.1102-8(c) as applicable. (2) Each SF 123 submitted to GSA must be accompanied by a conditional transfer document, signed by both the intended donee and the State agency, and containing the special terms, conditions, and restrictions prescribed by GSA, and any other required forms or information. (3) The restrictions on donated firearms shall be in perpetuity, and they may not be released by the State agency without prior written approval from GSA. The donee must notify the State agency when donated firearms are no longer needed. The State agency may, with GSA approval, reassign firearms from one donee to another donee within the state or to another SASP (see Sec. 101-44.205(f) of this chapter); otherwise, firearms must be delivered directly to the place of destruction to be destroyed by either the donee or the State agency. Destruction must be such that each [[Page 40773]] complete firearm is rendered completely inoperable and incapable of being made operable for any purpose except for the recovery of basic material content in accordance with paragraph (c) of this section. The donee and a representative from the State agency, or designee, must both state in writing that the firearms were so destroyed and the original signed statement must be maintained by the State agency. (4) Surplus firearms approved for donation must be shipped or transported directly from the holding Federal agency to the donee, and may not be stored in the State agency warehouse; or, arrangements may be made by the State agency for the designated donee to make a direct pickup at the holding agency. (5) Firearm ammunition may not be donated. * * * * * PART 101-43--UTILIZATION OF PERSONAL PROPERTY 3. Section 101-43.304-2 is amended by revising paragraph (b) to read as follows: Sec. 101-43.304-2 Form and distribution of reports. * * * * * (b)(1) The SF 120 and SF 120A must be submitted in an original and three copies. Electronic reporting must be as specified and approved by GSA. Reports must be directed to the GSA regional office for the region in which the property is located (see Sec. 101-43.4802). However, reports of fixed-wing and rotary-wing aircraft must be submitted to the: General Services Administration (9FB), San Francisco, CA 94015. (2) Reports of excess firearms must be submitted to the: General Services Administration (7FP-8), Denver, CO 80225-0506. 4. Section 101-43.305 is amended by revising the section heading and paragraph (b)(2) to read as follows: Sec. 101-43.305 Nonreportable property and property not subject to GSA screening. * * * * * (b) * * * (2) Property dangerous to public health and safety, except the firearms identified in Sec. 101-43.4801(c); * * * * * 5. Section 101-43.4801 is revised to read as follows: Sec. 101-43.4801 Excess personal property reporting requirements. (a) The table shown in paragraph (d) of this section shows the excess personal property Federal supply groups (FSG) and classes (FSC) comprising reportable property. Property in these groups and classes must be reported to GSA when the following disposal condition code and dollar threshold criteria are met: (1) With the exception of aircraft and firearms as described in paragraphs (b) and (c) of this section, the disposal condition code as defined in paragraph (e) of this section, is X or better; and (2) The unit cost, measured in acquisition dollars, is $5,000 or more. (b) With respect to aircraft and aircraft components and accessories: (1) In accordance with Sec. 101-43.304-2, and as indicated in the table in paragraph (d) of this section, line items in Federal supply classes 1510, 1520, 1560, 2810, 2840, or any class in FSG 16 must be reported regardless of disposal condition code. In agencies other than the Department of Defense (DOD), all line items in these classes must be reported regardless of disposal condition code when the dollar criteria in paragraph (a)(2) of this section are met. For the DOD, aircraft in FSC 1510 which are in the Cargo/Transport, Observation, Anti-sub, Trainer, or Utility series, all aircraft in FSC 1520, and line items in other classes which are components of these aircraft must be reported regardless of condition code when the dollar criteria in paragraph (a)(2) of this section are met. (2) Items in Federal supply classes 1510 and 1520 held by DOD or other agencies must be reported to the: General Services Administration (9FB), San Francisco, California 94102. (c) With respect to firearms, executive agencies must report the following firearms, regardless of unit cost when assigned a disposal condition code of 4 or better as defined in paragraph (e) of this section, to the General Services Administration (7FP-8), Denver, CO 80225-0506: (1) Handguns, rifles, shotguns, and individual light automatic weapons, all less than .50 caliber in FSC 1005; and (2) Rifle and shoulder fired grenade launchers in FSC 1010. (d) The following table shows Federal supply groups and classes which comprise reportable property: ------------------------------------------------------------------------ FSG FSC Noun name ------------------------------------------------------------------------ 10............ 1005.......... Guns, through 30mm (Handguns, rifles, shotguns, and individual light automatic weapons, all less than .50 caliber only). 1010.......... Guns, over 30 mm up to 75 mm (Rifle and shoulder fired grenade launchers only). 15............ 1510.......... Aircraft, fixed wing. 1520.......... Aircraft, rotary wing. 1560.......... Airframe structural components. 16............ All........... Aircraft component and accessories. 18............ All........... Space vehicles. 19............ All........... Ships, small craft, pontoons, and floating docks (All but vessels 1500 gross tons and over). 22............ All........... Railway equipment. 23............ All........... Ground effect vehicles, motor vehicles, trailers, and cycles. 24............ All........... Tractors. 28............ 2805.......... Gasoline reciprocating engines, except aircraft; and components. 2810.......... Gasoline reciprocating engines, aircraft prime mover; and components. 2815.......... Diesel engines and components. 2840.......... Gas turbines and jet engines, aircraft, prime moving; and components. 32............ All........... Woodworking machinery and equipment. 34............ All........... Metalworking machinery. 35............ All........... Service and trade equipment. 36............ All........... Special industry machinery (All but 3690 Specialized ammunition and ordnance machinery and related equipment). 37............ All........... Agricultural machinery and equipment. 38............ All........... Construction, mining, excavating, and highway maintenance equipment. 39............ All........... Materials handling equipment. 42............ All........... Fire fighting, rescue, and safety equipment; and environmental protection equipment and materials. 43............ All........... Pumps and compressors. 49............ 4910.......... Motor vehicle maintenance and repair shop specialized equipment. [[Page 40774]] 4920.......... Aircraft maintenance and repair shops specialized equipment. 4930.......... Lubrication and fuel dispensing equipment. 4935.......... Guided missile maintenance, repair, and checkout specialized equipment. 4940.......... Miscellaneous maintenance and repair shop specialized equipment. 4960.......... Space vehicle maintenance, repair, and checkout specialized equipment. 54............ All........... Prefabricated structures and scaffolding. 61............ All........... Electric wire, and power and distribution equipment. 66............ All........... Instruments and laboratory equipment. 70............ All........... Information technology equipment. 71............ All........... Furniture. 73............ All........... Food preparation and serving equipment. ------------------------------------------------------------------------ (e) The appropriate disposal condition code from the following table must be assigned to each item record, report, or listing of excess personal property: ------------------------------------------------------------------------ Disposal condition code Expanded definition ------------------------------------------------------------------------ 1.............................. Property which is in new condition or unused condition and can be used immediately without modifications or repairs. 4.............................. Property which shows some wear, but can be used without significant repair. 7.............................. Property which is unusable in its current condition but can be economically repaired. X.............................. Property which has value in excess of its basic material content, but repair or rehabilitation is impractical and/ or uneconomical. S.............................. Property which has no value except for its basic material content. ------------------------------------------------------------------------ Dated: July 20, 1999. David J. Barram, Administrator of General Services. [FR Doc. 99-19098 Filed 7-27-99; 8:45 am] BILLING CODE 6820-24-P ------------------------------------------------------------------------