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Rule2025-22915

Federal Management Regulation; Aligning the Federal Management Regulation (FMR) With the Administration's Deregulatory Priorities

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Published

December 16, 2025

Effective

December 16, 2025

Issuing agencies

General Services Administration

Abstract

GSA is issuing a final rule to streamline and update multiple parts of the FMR to ensure adherence to statutory requirements and improve the effectiveness of the management of aviation, Federal advisory committees, mail, motor vehicles, personal property, real property, and transportation.

Full Text

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<title>Federal Register, Volume 90 Issue 239 (Tuesday, December 16, 2025)</title>
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[Federal Register Volume 90, Number 239 (Tuesday, December 16, 2025)]
[Rules and Regulations]
[Pages 58408-58491]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22915]

[[Page 58407]]

Vol. 90

Tuesday,

No. 239

December 16, 2025

Part III

General Services Administration

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41 CFR Parts 102-3, 102-5, 102-33, et al.

Federal Management Regulation; Aligning the Federal Management
Regulation (FMR) With the Administration's Deregulatory Priorities;
Final Rule

Federal Register / Vol. 90 , No. 239 / Tuesday, December 16, 2025 /
Rules and Regulations

[[Page 58408]]

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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 102-3, 102-5, 102-33, 102-34, 102-35, 102-36, 102-37,
102-38, 102-39, 102-40, 102-41, 102-42, 102-71, 102-72, 102-73,
102-74, 102-75, 102-76, 102-77, 102-78, 102-79, 102-80, 102-81,
102-82, 102-83, 102-85, 102-117, 102-118, and 102-192

[FMR Case 2025-05; Docket No. GSA-FMR-2025-0005; Sequence No. 1]
RIN 3090-AK92

Federal Management Regulation; Aligning the Federal Management
Regulation (FMR) With the Administration's Deregulatory Priorities

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

ACTION: Final rule.

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SUMMARY: GSA is issuing a final rule to streamline and update multiple
parts of the FMR to ensure adherence to statutory requirements and
improve the effectiveness of the management of aviation, Federal
advisory committees, mail, motor vehicles, personal property, real
property, and transportation.

DATES: Effective date: December 16, 2025.

FOR FURTHER INFORMATION CONTACT: Alexander Kurien, Deputy Associate
Administrator, Office of Government-wide Policy, at 202-208-7642 or
<a href="/cdn-cgi/l/email-protection#5b3a373e233a353f3e2975302e29323e351b3c283a753c342d">[email&#160;protected]</a>, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#b0f7e3f1e2d5d7e3d5d3f0d7c3d19ed7dfc6">[email&#160;protected]</a>. Please cite
FMR Case 2025-05.

SUPPLEMENTARY INFORMATION:

I. Background

The FMR was first published June 24, 1999, with the intention of
improving GSA's regulatory system. While there have been additions and
revisions on some parts over the years, several portions of the
regulation have not been revised since they were added, and the
regulation itself had not undergone a general review prior to 2025.
This final rule amends the FMR to align with the Administration's
priorities set forth in Executive Order (E.O.) 14192, Unleashing
Prosperity Through Deregulation, dated January 31, 2025, and E.O.
14219, Ensuring Lawful Governance and Implementing the President's
``Department of Government Efficiency'' Deregulatory Initiative, dated
February 19, 2025. These amendments are based on a complete review of
each FMR Part for consistency with law and Administration policy and a
focus on the best reading of the underlying statutory authority or
prohibition. As E.O. 14192 states, agencies must work to alleviate the
burden on those impacted by regulations, and to that end, GSA has
streamlined and simplified regulations with an underlying statutory
requirement. The review also focused on minimizing regulations not
required by law. Regulations rescinded in this rulemaking are not
explicitly required by statute to be issued as GSA regulations in the
FMR, or are duplicative of regulations specified by other agencies, and
are not necessary to carry out the Administrator's functions under
subtitle I of title 40, United States Code. If regulations were found
to be duplicative, their removal does not change either the underlying
statute or any regulations maintained by other agencies, and GSA has
determined that reducing the number of redundant regulations will lead
to less confusion, as there will be one source for the regulatory
requirement. Where helpful, GSA will communicate policies and
information that has been removed from the FMR in non-regulatory
guidance documents without editorial changes. Some of these non-
regulatory guidance documents can be found on <a href="https://www.gsa.gov/directives-library">https://www.gsa.gov/directives-library</a>, or will be consolidated on <a href="https://www.gsa.gov/policy-regulations">https://www.gsa.gov/policy-regulations</a>. Statutory provisions, the revised FMR, and non-
regulatory guidance documents will establish a practical and
authoritative basis for efficiently accomplishing mission objectives.

II. Discussion of Final Rule--Summary of Changes

GSA is removing portions of the regulation that are not required by
statute and removing outdated provisions. A summary of the changes is
as follows:
Part 102-3--Federal Advisory Committee Management: Revised. GSA
streamlined and consolidated this FMR part to improve Federal advisory
committee management policies and processes, remove unnecessary
language and information, and increase accountability for Federal
advisory committee operation.
Part 102-5--Home-to-Work Transportation: Removed and reserved part.
Retained content now included in part 102-34.
Part 102-33--Management of Government Aircraft: Revised definitions
to include only relevant definitions. Consolidated remaining
regulations and removed procedural instructions, including appendix A.
Part 102-34--Motor Vehicle Management: Revised. GSA streamlined
this FMR part by eliminating six subparts and 54 sections considered to
be nonregulatory guidance. Consolidated and revised definitions and
moved statutory requirements from FMR part 102-5.
Part 102-35--Disposition of Personal Property: Revised.
Consolidated and revised definitions from FMR parts 102-36 through 102-
42.
Part 102-36--Disposition of Excess Personal Property: Revised and
moved definitions to FMR part 102-35. Removed procedural instructions.
Removed GSA's donation of firearms to state and local government
activities based on the cessation of the firearm donation program.
Part 102-37--Donation of Surplus Personal Property: Revised and
moved definitions to FMR part 102-35. Removed procedural instructions,
including appendices A, B, and C. Removed GSA's donation of firearms to
state and local government activities based on the cessation of the
firearm donation program.
Part 102-38--Sale of Personal Property: Revised and moved
definitions to FMR part 102-35. Removed procedural instructions.
Updated requirements for the designation or authority to sell personal
property.
Part 102-39--Replacement of Personal Property Pursuant to the
Exchange/Sale Authority: Revised and moved definitions to FMR part 102-
35. Removed procedural instructions. Removed the reporting requirement
for exchange/sale activity. Removed the exchange/sale prohibition on
FSC Class 1005 weapons when conducting exchanges or sales with the
original equipment manufacturer.
Part 102-40--Utilization and Disposition of Personal Property with
Special Handling Requirements: Revised and moved definitions to FMR
part 102-35. Removed procedural instructions, including appendices A
and B. Removed GSA's donation of firearms to state and local government
activities based on the cessation of the firearm donation program.
Part 102-41--Disposition of Seized, Forfeited, Voluntarily
Abandoned, and Unclaimed Personal Property: Revised and moved
definitions to FMR part 102-35. Removed procedural instructions.
Part 102-42--Utilization, Donation, and Disposal of Foreign Gifts
and Decorations: Revised and removed procedural instructions.

[[Page 58409]]

Part 102-71--General: Part revised to include only relevant
definitions and consolidate remaining real property regulations
required by statute or necessary on significant policy grounds,
including installing, repairing, and replacing sidewalks; the Fire
Administration Authorization Act of 1992 (Pub. L. 102-522); rent;
occupant emergency programs; prohibition of portable heaters, fans, and
similar devices; tobacco policy; and use of Federal real property to
assist the homeless.
Part 102-72--Delegation of Authority: Removed and reserved part.
Part 102-73--Real Estate Acquisition: Removed and reserved part.
Part 102-74--Facility Management: Removed subparts A, D, and F.
Subpart B language on occupant emergency programs; prohibition of
portable heaters, fans, and similar devices; and tobacco policy was
revised and moved to Sec. Sec. 102-71.55 through 102-71.115. The
remainder of Subpart B was removed. Subpart C will be removed in
January 2026 to coincide with the Department of Homeland Security's
promulgation of regulations for the protection of Federal property.
Subpart E was revised and moved to Sec. 102-71.20.
Part 102-75--Real Property Disposal: Removed and reserved part.
Subpart H was moved to Sec. 102-71, subpart B.
Part 102-76--Design and Construction: Removed and reserved part.
Part 102-77--Art in Architecture: Removed and reserved part.
Part 102-78--Historic Preservation: Removed and reserved part.
Part 102-79--Assignment and Utilization of Space: Removed and
reserved part.
Part 102-80--Safety and Environmental Management: Removed and
reserved part. Section on the Fire Administration Authorization Act of
1992 (Pub. L. 102-522) was revised and moved to Sec. Sec. 102-71.25
through 102-71.45.
Part 102-81--Physical Security: Removed and reserved part.
Part 102-82--Utility Services: Removed and reserved part.
Part 102-83--Location of Space: Removed and reserved part.
Part 102-85--Pricing Policy for Occupancy in GSA Space: Removed and
reserved part. Language on rent was revised and moved to Sec. 102-
71.50.
Part 102-117--Transportation Management: Revised the transportation
procurement requirements for Federal agencies. Eliminated seven
subparts and 56 sections considered to be nonregulatory guidance.
Part 102-118--Transportation Payment and Audit: Revised due to the
elimination of the GSA Transportation Audits Division. Under the new
framework, most functions previously performed by this division have
been delegated directly to Federal agencies. The Administrator's
delegation of authority, based on 31 U.S.C. 3726, grants agencies full
authority to conduct--prepayment audits; post-payment audits; or
comprehensive audits combining both prepayment and post-payment
reviews. Modifications seek to improve financial oversight and
potentially reduce Government expenses. Eliminated 78 regulatory
sections and one subpart.
Part 102-192--Mail Management: Revised. Removed subpart C, which
established regulatory requirements for OGP as to the ``guidance and
assistance'' provided to agencies under 44 U.S.C. 2904(b). Removed the
agency requirement for sustainable activities per the rescission of
E.O. 13514.

III. Regulatory Impact Analysis

GSA conducted an economic analysis of the proposed changes to the
FMR and determined that during the first and subsequent years after
publication of the rule, there are economic impacts associated with
this rule that result in cost avoidance for the Government and public
entities. The primary driver for making changes to the FMR is to
increase its usability. The significant streamlining and reduction in
the text of the FMR enhances the clarity and intuitiveness of the FMR
for all employees that need to read and be familiar with it, which
saves time. Additionally, several requirements were removed from the
FMR related to communication, reporting, and research, which will ease
the workload for government employees. GSA estimates the discounted
total overall net cost avoidance over a 10-year period is $772,189,519
at a 3-percent discount rate and $637,329,436 at a 7-percent discount
rate. GSA estimates this economic impact by multiplying the estimated
time required to review the regulation and guidance implementing the
rule by the estimated hourly compensation of the employee performing
the task. For the calculations, GSA used the estimated hourly
compensation \1\ using the U.S. Office of Personnel Management's 2025
General Schedule (GS) Rest of United States Locality Pay Table,\2\ a
full fringe benefit cost factor of 36.25 percent,\3\ and an overhead
cost factor of 12 percent as provided by the Office of Management and
Budget (OMB) Circular A-76.\4\ The following section is a list of
activities related to regulatory compliance that GSA anticipates will
occur. These assumptions were generated based on internal GSA
expertise.
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\1\ Computing Hourly Rates of Pay Using the 2,087-Hour Divisor
(<a href="https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/computing-hourly-rates-of-pay-using-the-2087-hour-divisor/">https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/computing-hourly-rates-of-pay-using-the-2087-hour-divisor/</a>).
\2\ General Schedule (<a href="https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/25Tables/html/RUS_h.aspx">https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/25Tables/html/RUS_h.aspx</a>).
\3\ OMB Memo M-08-13, dated March 11, 2008 (<a href="https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/memoranda/2008/m08-13.pdf">https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/memoranda/2008/m08-13.pdf</a>).
\4\ OMB Circular A-76 (<a href="https://georgewbush-whitehouse.archives.gov/omb/circulars/a076/a76_incl_tech_correction.html">https://georgewbush-whitehouse.archives.gov/omb/circulars/a076/a76_incl_tech_correction.html</a>).
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1. Economic Impact to Government

A. Reduction of Regulatory Text
Due to reduced page count, GSA assumes Federal employees will no
longer need to familiarize themselves with the removed duplicative
content in the FMR. This is due to the fact that FMR sections were
mainly taken out, not added in. GSA identified these time savings based
on employees no longer needing to familiarize themselves with sections
of the FMR that have been reduced or removed. GSA assumes that the
majority of employees primarily familiarize themselves with the FMR by
reading the sections that are most relevant to them. This results in
cost avoidance for the time saved by the Federal employees reading the
FMR.
To calculate economic impact, GSA estimated the number of employees
that needed to familiarize themselves with different sections from the
FMR that were removed, multiplied by the number of page reductions for
each section, multiplied by the assumed average reading speed per page.
This is the estimated amount of time saved by the reduction of pages.
This number is multiplied by the hourly cost of the employee based on
the average GS level that no longer needs to familiarize themselves
with the removed duplicative content. GSA assumes that in every
subsequent year, these employees would spend half the amount of time to
refresh their knowledge of that section as they did in the first year.
GSA assumes that this reading/familiarization does not take place in
one sitting at one time, and is likely something that happens over the
course of the year as these employees reference the section of the FMR
as needed. It should be noted that in the calculations for this
section, we only identified cost savings for GS-11s, GS-12s, GS-13s,
and GS-15s.

[[Page 58410]]

GSA estimates that in Year 1, for GS-11s, the total cost avoidance
is $589,248 (= 3,000 employees that GSA policy subject matter experts
(SMEs) estimate need to be familiar with various FMR sections that were
removed x 3.3 hours saved on average from each GS-11 that no longer is
required to be familiar with this removed section, based on an
estimated average reading speed of the removed section x $59.52 [GS-11
hourly rate, including fringe benefits]). GSA estimates that in Years
2-10, for GS-11s, the cost avoidance is $294,624 (= 3,000 employees
that GSA policy SMEs estimate need to be familiar with various FMR
sections that were removed x 1.65 hours saved on average from each GS-
11 that no longer is required to be familiar with this removed section,
based on an estimated average reading speed of the removed section x
$59.52 [GS-11 hourly rate, including fringe benefits]).
GSA estimates that in Year 1, for GS-12s, the total cost avoidance
is $1,542,002 (= 15,437 employees that GSA policy SMEs estimate need to
be familiar with various FMR sections that were removed x 1.4 hours
saved on average from each GS-12 that no longer is required to be
familiar with this removed section, based on an estimated average
reading speed of the removed section x $71.35 [GS-12 hourly rate,
including fringe benefits]). GSA estimates that in Years 2-10, for GS-
12s, the cost avoidance is $771,001 (= 15,437 employees that GSA policy
SMEs estimate need to be familiar with various FMR sections that were
removed x .7 hours saved on average from each GS-12 that no longer is
required to be familiar with this removed section, based on an
estimated average reading speed of the removed section x $71.35 [GS-12
hourly rate, including fringe benefits]).
GSA estimates that in Year 1, for GS-13s, the total cost avoidance
is $291,850 (= 3,440 employees that GSA policy SMEs estimate need to be
familiar with various FMR sections that were removed x 1 hours saved on
average from each GS-13 that no longer is required to be familiar with
this removed section, based on an estimated average reading speed of
the removed section x $84.84 [GS-13 hourly rate, including fringe
benefits]). GSA estimates that in Years 2-10, for GS-13s, the cost
avoidance is $145,925 (=3,440 employees that GSA policy SMEs estimate
need to be familiar with various FMR sections that were removed x .5
hours saved on average from each GS-13 that no longer is required to be
familiar with this removed section, based on an estimated average
reading speed of the removed section x $84.84 [GS-13 hourly rate,
including fringe benefits]).
GSA estimates that in Year 1, for GS-15s,the total cost avoidance
is $8,912 (=229 employees that GSA policy SMEs estimate need to be
familiar with various FMR sections that were removed x .33 hours saved
on average from each GS-15 that no longer is required to be familiar
with this removed section, based on an estimated average reading speed
of the removed section x $117.93 [GS-15 hourly rate, including fringe
benefits]). GSA estimates that in Years 2-10, for GS-15s, the cost
avoidance is $4,591 (=229 employees that GSA policy SMEs estimate need
to be familiar with various FMR sections that were removed x .17 hours
saved on average from each GS-15 that no longer is required to be
familiar with this removed section, based on an estimated average
reading speed of the removed section x $117.93 [GS-15 hourly rate,
including fringe benefits]).
A breakdown of the undiscounted total annual estimates cost
avoidance by GS levels by year from the reduction of regulatory text is
provided in the table below.
[GRAPHIC] [TIFF OMITTED] TR16DE25.000

B. Reduction in Regulatory Familiarization Materials and Training
The removal of multiple sections of the FMR resulted in certain
trainings no longer being required. These trainings were previously
required in order to become familiar and knowledgeable about the
various sections of the FMR, that have since been deleted. Due to a
decrease in trainings that are required in the FMR, GSA assumes that
Federal employees will spend less time receiving, delivering, or
updating relevant training materials. These trainings related to
personal property (supplemental trainings from deleted sections no
longer need to be reviewed), and the real property section (Art in
Architecture no longer develops or delivers trainings; Real Estate
Acquisition--supplemental training materials from deleted sections no
longer need to be reviewed; Location of Space--multiple trainings
related to new construction and leasing no longer need to be developed,
updated, and reviewed). These sections were all significantly reduced,
and therefore, less time and effort will be spent on their associated
trainings. This results in cost avoidance by the time saved by the
Federal employees that receive, deliver, or update these training
materials.
To calculate the economic impact of the reduction in receiving
trainings, GSA estimates the number of Federal employees that needed to
receive a training that was removed from the FMR, multiplied by the
average time to take the training. This is the estimated amount of time
saved by the reduction in receiving training. This number is multiplied
by the hourly employee cost based on the average GS level of the
employee receiving the training.
GSA estimates that in Year 1, the total cost avoidance from
reduction in receiving trainings or training materials is $10,971,022
(=882 hours x $71.35[GS12])+ (128,572.5 hours x

[[Page 58411]]

$84.84[GS13]). GSA estimates that in years 2,4,6,8, and 10, the total
cost avoidance from reduction in receiving training is $10,842,552
(=127,800 hours x $84.84[GS13]). GSA estimates that in years 3,5,7,9,
the total cost avoidance from reduction in receiving training is
$10,965,713 (=(829 hours x $71.35[GS12] + (128,554.5 hours x
$84.84[GS13]).
To calculate the economic impact of the reduction in delivering
trainings, GSA estimates the number of Federal employees that needed to
deliver a training that was removed from the FMR, multiplied by the
average time to deliver the training. This is the estimated amount of
time saved by the reduction in delivering training. This number is
multiplied by the hourly employee cost based on the average GS level of
the employee delivering the training. GSA estimates that in Year 1, the
total net cost from changes to the requirements in delivering trainings
is $1,584 (=(27 hours x $117.93[GS15])-(7.5 hours x 100.26[GS14])-(10hr
x $84.84[GS13])). GSA estimates that in Years 2,4,6,8, and 10, the
total net cost impact is $0. GSA estimates that in Years 3,5,7, and 9,
the total cost avoidance is $752 (=7.5 hours x 100.26[GS14]).
To calculate the economic impact of the reduction for updating
trainings, GSA estimated the number of Federal employees that needed to
update a training that was removed from the FMR, multiplied by the
average time to update the training. This is the estimated amount of
time saved by the reduction in updating trainings. This number is
multiplied by the hourly employee cost based on the average GS level of
the employee updating the training. GSA estimates that in Year 1, the
total net cost avoidance from the reduction in updating training is
$21,306 (=(25.5 hours x $100.26[GS14]) + (221 hours x $84.84[GS13]).
A breakdown of the undiscounted total annual estimated cost
avoidance by year from the reduction in regulatory familiarization
materials and training is provided in the table below.
[GRAPHIC] [TIFF OMITTED] TR16DE25.001

C. Reduction in Regulatory Reporting
The removal of multiple sections of the FMR has resulted in
multiple regulatory reports/reporting no longer being required. Due to
a decrease in reports and reporting that is required in the FMR, GSA
assumes that Federal employees will spend less time developing and
reviewing reports.
These reports are primarily related to the FMR sections on motor
vehicles (removed exempted motor vehicles report), personal property
(removed eFAS and ESD module reports), real property (Art in
Architecture--removed annual NAR report), transportation (removed the
requirement for agencies to report on all paid transportation invoices)
and mail (removed mail expenditure report). These reports were
previously required by the FMR, and their removal reduces the workload
of employees. This results in cost avoidance by the time saved by the
Federal employees that develop and review reports. It should be noted
that in the calculations for this section, we only identified cost
savings for GS-11s, GS-12s, GS-13s, and GS-14s.
To calculate the economic impact of the reduction in required
reports and reporting, GSA estimated the number of employees needed to
develop and review these reports, multiplied by the average time to
develop and review these reports. This is the time saved by the
reduction in reports. This number is multiplied by the hourly employee
cost based on the average GS level of the employee developing and
reviewing the reports.
In Year 1-10, GSA estimates that for GS-11 employees, the total
cost avoidance is $166,656 (=2,800 hours x $59.52). In Year 1-10, GSA
estimates that for GS-12 employees, the total cost avoidance is $3,568
(=50 hours x $71.35). In Year 1-10, GSA estimates that for GS-13
employees, the total cost avoidance is $848 (=10 hours x $84.84). In
Year 1-10, GSA estimates that for GS-14 employees, the total cost
avoidance is $201 (=2 hours x $100.26).
A breakdown of the undiscounted total annual estimated cost
avoidance by GS levels by year from the reduction in regulatory
reporting is provided in the table below.

[[Page 58412]]

[GRAPHIC] [TIFF OMITTED] TR16DE25.002

D. Reduction in Additional Regulatory Activities
Due to a reduction in additional activities required in the FMR,
GSA assumes Federal employees will be completing fewer required
activities related to the FMR. These reduced activities include
targeted Federal Advisory Committee Act (FACA) outreach (for FACA
committee membership added in the April 2024 Final Rule (89 FR 27673,
April 18, 2024)) and communications (no longer requiring public notice
when removing excess personal property), a reduction in required
updates to internal policies and plans (primarily related to agencies
no longer being required to develop and execute sustainability plans),
a consolidation of agency transportation systems (GSA will be
consolidating procurement systems from other agencies), a reduction in
Government Publishing Office (GPO) printing costs from reduced FMR page
count, a reduction in the time to update content from the FMR that has
been moved to desk guides, and a reduction in the amount of research
and considerations needed to make decisions (primarily related to time
saved by the removal of decision making considerations that were
previously required for personal property). This results in cost
avoidance from the time saved by Federal employees no longer required
to complete these activities, as well as other associated costs.
To calculate the economic impact of the reduction in required
outreach and communications, GSA estimated the number of Federal
employees that needed to develop and send these communications,
multiplied by the average time to develop and send these
communications. This is the estimated amount of time saved from the
reduction in outreach and communications. This number is multiplied by
the hourly employee cost based on the average GS level of the employee
that develops and sends these communications. GSA estimates that in
Year 1, the total net cost avoidance from the reduction in required
outreach and communications is $4,298,968 (=(30,000 hours x
$49.20[GS9]) + (35,014.5 hours x $84.84[GS13])-(880 hours x
$100.26[GS14])-($59,434 [Additional annual Federal Register publishing
costs]). GSA estimates that in Year 2, the total net cost avoidance
from the reduction in required outreach and communications is
$2,944,455 (=(30,000 hours x $49.20[GS9]) + (19,049.00 hours x
$84.84[GS13])-(880 hours x $100.26[GS14])-($59,433.60 [Additional
annual printing costs]). GSA estimates that in Year 3-10, the total net
cost avoidance from the reduction in required outreach and
communications is $1,422,680 (=(30,000 hours x $49.20[GS9]) + (1,112.00
hours x $84.84[GS13])-(880 hours x $100.26[GS14])-($59,433.60
[Additional annual printing costs]).
To calculate the economic impact of the reduction in required
updates to internal policies and plans, GSA estimated the number of
employees that needed to develop and update these policies and plans,
multiplied by the average time to develop and update these policies and
plans, multiplied by the frequency that these policies and plans needed
to be updated. This is the estimated amount of time saved from the
reduction in required updates to internal policies and plans. This is
multiplied by the hourly employee cost based on the average GS level of
the employee that developed and updated these policies and plans. GSA
estimates that in Year 1, the total net cost avoidance from the
reduction in required updates to internal policies and plans is
$47,292,413 (=(800,000 hours x $59.52[GS11]-(493.5 hours x
$71.35[GS12]) + (240 hours x $84.84[GS13])-(3774 hours x $100.26[GS14)
+ (834 hours x 117.93[GS15]) + (2 hours x $144.91[SES])-($29,000 [one
time cost for updating FACA database]). GSA estimates that in Year 2,
the total net cost avoidance from the reduction in required updates to
internal policies and plans is 47,476,842.38 (=(800,000 hours x
59.52[GS11]) + (240 x $84.84[GS13])-(2,829 hours x $100.26[GS14]) +
(1,050 hours x $117.93[GS15]) + (2 hours x $144.91[SES]). GSA estimates
that in Years 3-10, the total net cost avoidance from the reduction in
required updates to internal policies and plans is $47,570,697
(=(800,000 hours x 59.52[GS11]) + (240 x $84.84[GS13])-(1,890 hours x
$100.26[GS14]) + (1,050 hours x $117.93[GS15]).
To calculate the economic impact of the consolidation of agency
transportation services, GSA used its annual operating and maintenance
costs for maintaining its current Transportation Management Services
Solution as a baseline, multiplied by the number of agencies that will
remove their current transportation systems by utilizing GSA's
Transportation Management Services Solution. GSA estimates that in
Years 1-10, the total net cost avoidance from the consolidation of
these transportation services is $15,645,936 (=$1,955,742 [annual O&M
cost for GSA's Transportation Management Services Solution] x 8 [Number
of agencies that will remove their current transportation systems by
utilizing GSA's Transportation Management Services Solution]).
To calculate the economic impact of the reduction in GPO publishing
costs from reduced FMR page count, GSA estimates the average publishing
costs for GPO to publish a single page, multiplied by the number of
pages that were reduced from the FMR, multiplied by the average
frequency with which the FMR would need to be printed by GPO. GSA
estimates that in Years 1-10, the total net cost avoidance from the
reduction in publishing costs is $39,865 (=469 fewer printed pages x
$85 for GPO to print a page from MS Word).

[[Page 58413]]

To calculate the economic impact of moving content from the FMR to
desk guides, GSA estimates the average cost of updating a section of
the FMR based on the amount of time spent on updates, multiplied by the
hourly employee cost based on the average GS levels of the employees
involved. That number is multiplied by the number of sections that are
removed from the FMR. GSA assumes these sections would need to be
updated every 5 years on average. GSA estimates that in Year 1 and 6,
the total net cost avoidance of moving content from the FMR to desk
guides is 7,034,479 (=((2,080 hours x $84.84[GS13]) + (2,080 hours x
$100.26[GS14]) + (40 hours x $144.91[SES])) x 18 [number of sections
wholly removed from FMR]).
To calculate the economic impact of a reduction in the amount of
research and considerations needed to make decisions, GSA estimated the
number of employees that needed to conduct additional research or
considerations based on requirements in the FMR, multiplied by the
average amount of time on average it would take to conduct this
additional research. This is the estimated amount of time saved by the
reduction in the amount of research and considerations needed to make
decisions. This number is multiplied by the hourly employee cost based
on the average GS level that is needed to conduct this additional
research. GSA estimates that in Years 1-10, the total net cost
avoidance from the reduction in required outreach and communications is
$10,869,180 (=(30,000 hours x $49.20 [GS9]) + (30,000 hours x $59.52
[GS11]) + (43,500 hours x $71.35) + (51,160 hours x $84.84 [GS13]) +
(1,610 hours x $100.26[GS14]) + (5 hours x $117.93[GS15]) + (10 hours x
$143.20 [US District Court Judge Average Hourly Rate]).
A breakdown of the undiscounted total annual estimated cost
avoidance by year from the reduction in additional regulatory
activities is provided in the table below.
[GRAPHIC] [TIFF OMITTED] TR16DE25.003

2. Economic Impact to Large and Small Entities

A. Reduction of Regulatory Text
Due to reduced page count, GSA assumes private sector employees
will no longer need to familiarize themselves with the removed
duplicative content in the FMR. This results in cost avoidance from the
time saved by the private sector employees reading the FMR. To
calculate economic impact, GSA estimated the number of private sector
employees that need to familiarize themselves with the different
sections of the FMR, multiplied by the number of page reductions for
each section, then multiplied by an assumed average reading speed per
page. This is the estimated amount of time saved by the reduction of
pages. This number is multiplied by the hourly cost of the private
sector employee based on average GS level equivalents that no longer
need to familiarize themselves with the removed duplicative content.
GSA assumes that in every subsequent year, these private sector
employees would spend half that time to refresh their knowledge of that
section. GSA estimates that in Year 1, the total cost avoidance for
GS13 equivalent employees is $1,027,412 (=12,110 hours x $84.84). GSA
estimates that in Years 2-10, the total cost avoidance for GS13
equivalent employees is $513,706 (=6,055 x $84.84). GSA estimates that
in Year 1, the total cost avoidance for GS15 equivalent employees is
$19,688 (=166.95 hours x $117.93). GSA estimates that in Years 2-10,
the total cost avoidance is $10,030 (=85.05 hours x $117.93).
A breakdown of the undiscounted total annual estimated cost
avoidance by private sector GS level equivalents by year from reduction
in regulatory text is provided in the table below.

[[Page 58414]]

[GRAPHIC] [TIFF OMITTED] TR16DE25.004

B. Reduction in Additional Regulatory Activities
Due to a reduction in additional activities required in the FMR,
GSA assumes cost avoidance from the time saved by private sector
employees that are no longer required to complete these activities.
These reduced additional activities include a reduction in required
forms, and a reduction in the amount of research and considerations
needed to make decisions.
To calculate the economic impact of a reduction in the amount of
research and considerations needed to make decisions, GSA estimated the
number of private sector employees that needed to conduct additional
research or considerations based on requirements in the FMR, multiplied
by the amount of time on average it would take to conduct this
additional research. This is the estimated amount of time saved by the
reduction in the amount of research and considerations needed to make
decisions. This number is multiplied by the hourly cost of the private
sector employee based on average GS level equivalents.
GSA estimates that in Year 1-10, the cost avoidance from a
reduction in additional activities required by the private sector is
$1,532 (20 hours x $76.61[estimated private sector salary]).
Due to a decrease in forms required in the FMR, GSA assumes that
private sector employees will spend less time completing and submitting
forms. This results in cost avoidance for the time saved by the private
sector employees that no longer need to complete these forms.
To calculate economic impact, GSA estimated the number of private
sector employees that needed to complete required forms according to
the FMR, multiplied by estimated average amount of time to complete
these forms. This is the estimated amount of time saved by the
reduction in forms. This number is multiplied by the hourly cost of the
private sector employee based on average GS level equivalents.
GSA estimates in Year 1, the total cost avoidance from a reduction
in required forms for the private sector is $20,636 (=637.5 hours x
$32.37[estimated private sector salary]). GSA estimates in Year 2-10,
the total cost avoidance from a reduction in required forms for the
private sector is $2,428 (=75 hours x $32.37[estimated private sector
salary]).
A breakdown of the undiscounted total annual estimated cost
avoidance by year from the reduction in additional regulatory
activities is provided in the table below.
[GRAPHIC] [TIFF OMITTED] TR16DE25.005

3. Total Overall Economic Impact

The undiscounted estimated total overall net cost avoidance over a
ten-year period for public entities (large and small) is $5,818,533.
The undiscounted estimated total overall net cost avoidance over a ten-
year period for the Government is $897,816,443. The undiscounted
estimated total overall net cost avoidance over a ten-year period for
both public entities and the Government is $903,634,975. The table
below summarizes the undiscounted estimated total overall net cost
avoidance over a ten-year period from deregulations made to the FMR.

[[Page 58415]]

[GRAPHIC] [TIFF OMITTED] TR16DE25.006

The discounted estimated total overall net cost avoidance over a
10-year period is $772,189,519 at a 3-percent discount rate and
$637,329,436 at a 7-percent discount rate. The following is a summary
of the estimated costs calculated for a 10-year time horizon at a 3-
and 7-percent discount rate:
[GRAPHIC] [TIFF OMITTED] TR16DE25.007

IV. Administrative Procedure Act

This rulemaking is exempt from the advance notice-and-comment and
delayed-effective-date requirements of the Administrative Procedure Act
(APA) pursuant to 5 U.S.C. 553(a)(2), because this rulemaking relates
to agency management or personnel or to public property, loans, grants,
benefits, or contracts. This rulemaking relates to both GSA's agency
management and public property because it applies to Federally owned
facilities and the disposition of personal property under the
jurisdiction, custody and control of GSA.

V. Executive Orders 12866, 13563, and 14192

E.O. 12866 (Regulatory Planning and Review) directs agencies to
assess all costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits. E.O. 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. The Office of Management and Budget's Office of
Information and Regulatory Affairs (OIRA) has determined that this rule
is a significant regulatory action and, therefore, it was reviewed
under section 6(b) of E.O. 12866. This action is considered an E.O.
14192 deregulatory action. We estimate that this rule generates $84.44
million in annualized cost savings at a 7 percent discount rate,
discounted relative to year 2024, over a perpetual time horizon.

[[Page 58416]]

VI. Congressional Review Act

Subtitle E of the Small Business Regulatory Enforcement Fairness
Act of 1996 (codified at 5 U.S.C. 801-808), is also known as the
Congressional Review Act or CRA. The CRA generally provides that before
a rule may take effect, unless excepted, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States. This action is excepted from CRA reporting requirements
prescribed under 5 U.S.C. 801 as it relates to agency management or
personnel under 5 U.S.C. 804(3)(B) and is therefore not a ``rule'' for
purposes of the CRA. OIRA has further determined that this action does
not meet the definition of a major rule under 5 U.S.C. 804(2).

VII. Regulatory Flexibility Act

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. This final rule is
also exempt from the APA pursuant to 5 U.S.C. 553(a)(2) because it
applies to agency management or personnel or to public property, loans,
grants, benefits, or contracts. Therefore, an Initial Regulatory
Flexibility Analysis was not performed.

VIII. 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 OMB
under 44 U.S.C. 3501, et seq.

IX. Severability

This rule contains significant deletions across 41 CFR parts 102-3,
102-5, 102-33, 102-34, 102-35, 102-36, 102-37, 102-38, 102-39, 102-40,
102-41, 102-42, 102-71, 102-72, 102-73, 102-74, 102-75, 102-76, 102-77,
102-78, 102-79, 102-80, 102-81, 102-82, 102-83, 102-85, 102-117, 102-
118, and 102-192. Deleted passages address a variety of distinct and
unrelated topics, subtopics and individual circumstances and GSA
considers each deletion to be separate and severable from one another.
In the event of a stay or invalidation of any particular deletion, the
remaining deletions would not be impacted and therefore would continue
to function effectively. Restored provisions would not render remaining
deletions unworkable. It is GSA's intention that the remaining
deletions remain in effect.
GSA is adding a new section on severability at 41 CFR 102-3.190,
which states that all provisions included in part 102-3 are separate
and severable from one another.
Regulations concerning Federal Advisory Committee Management do a
number of things--from outlining public notification requirements to
explaining the role of an agency head. Overall, each constituent
element in part 102-3 operates independently to help ensure that
standards and uniform procedures govern the establishment, operation,
administration, and duration of advisory committees. See sec. 2(b)(4)
of the Federal Advisory Committee Act, as amended (codified at 5 U.S.C.
1002(b)(4)).
Accordingly, if any particular provision in part 102-3 were to be
stayed or invalidated by a reviewing court, the remaining provisions
would continue to function effectively for advisory committees. For
example, if 41 CFR 102-3.75 on charter requirements were invalidated,
that would not make 41 CFR 102-3.155, which lists the requirements for
facilitating an advisory committee meeting that is closed to the
public, unworkable. Likewise, if 41 CFR 102-3.60(b)(3) on attaining
fairly balanced membership were invalidated, that would not prevent an
agency from relying on the definitions in 41 CFR 102-3.25 to understand
what ``committee staff'' means.
Further, any cross-references that appear throughout part 102-3 are
duplicative and are intended only to make the regulations more user-
friendly. Invalidation of a particular provision that is cross-
referenced elsewhere will not materially alter the provision that
contains the cross-reference.
In summary, removal of any particular provision from part 102-3
would not render the entire regulatory scheme unworkable. Thus, GSA
considers each of the provisions in part 102-3 to be separate and
severable from one another. In the event of a stay or invalidation of
any particular provision, it is GSA's intention that the remaining
provisions shall continue in effect.
GSA is also adding a new provision on severability at 41 CFR 102-
71.120, which states that all provisions included in part 102-71 are
separate and severable from one another.
If any particular term or provision in part 102-71, or the
application thereof to any agency or circumstance, is determined by a
court of competent jurisdiction to be invalid or unenforceable, the
remaining terms or provisions, or the application of such term or
provision to agencies or circumstances other than those to which it is
invalid or unenforceable, will not be affected thereby, and each term
and provision of this rule will be valid and be enforced to the fullest
extent permitted by law.
Further, any cross-references that appear throughout part 102-71
are duplicative and are intended only to make the regulations more
user-friendly. Invalidation of a particular provision that is cross-
referenced elsewhere will not materially alter the provision that
contains the cross-reference.
In summary, removal of any particular provision from part 102-71
would not render the entire regulatory scheme unworkable. Thus, GSA
considers each of the provisions in part 102-71 to be separate and
severable from one another. In the event of a stay or invalidation of
any particular provision, it is GSA's intention that the remaining
provisions will continue in effect.

X. Signing Authority

The Acting Administrator of GSA, Michael Rigas, having reviewed and
approved this document, is delegating the authority to electronically
sign this document to Larry Allen, who is the Associate Administrator
of the Office of Government-wide Policy, for purposes of publication in
the Federal Register.

List of Subjects

41 CFR Part 102-3

Advisory committees, Government property management.

41 CFR Part 102-5

Government property management, Transportation.

41 CFR Part 102-33

Accounting, Aircraft, Aviation safety, Government property
management.

41 CFR Part 102-34

Energy conservation, Government property management, Motor
vehicles, Reporting and recordkeeping requirements.

41 CFR Part 102-35

Government employees.

41 CFR Part 102-36

Government property management, Surplus Government property.

41 CFR Part 102-37

Government property management, Homeless, Reporting and
recordkeeping requirements, Surplus Government property.

[[Page 58417]]

41 CFR Parts 102-38 and 102-39

Government property management, Surplus Government property.

41 CFR Parts 102-40 and 102-41

Government property management.

41 CFR Part 102-42

Conflict of interests, Decorations, Foreign relations, Government
property, Government property management.

41 CFR Part 102-71

Administrative practice and procedure, Federal buildings and
facilities, Government property, Government property management, Rates
and fares.

41 CFR Part 102-72

Administrative practice and procedure, Federal buildings and
facilities, Government property management, Organization and functions
(Government agencies), Rates and fares.

41 CFR Part 102-73

Administrative practice and procedure, Federal buildings and
facilities, Real property acquisition.

41 CFR Part 102-74

Blind, Concessions, Energy conservation, Federal buildings and
facilities, Fire prevention, Government property management, Parking,
Rates and fares.

41 CFR Part 102-75

Federal buildings and facilities, Government property management,
Rates and fares, Surplus Government property.

41 CFR Part 102-76

Energy conservation, Federal buildings and facilities, Government
property management, Individuals with disabilities, Real property
acquisition, Security measures.

41 CFR Part 102-77

Federal buildings and facilities, Government property management,
Rates and fares.

41 CFR Part 102-78

Federal buildings and facilities, Government property management,
Historic preservation, Rates and fares.

41 CFR Part 102-79

Federal buildings and facilities, Government property management,
Rates and fares.

41 CFR Part 102-80

Federal buildings and facilities, Fire prevention, Government
property management, Occupational safety and health, Rates and fares.

41 CFR Part 102-81

Federal buildings and facilities, Government property management,
Rates and fares, Security measures.

41 CFR Part 102-82

Federal buildings and facilities, Government property management,
Rates and fares, Utilities.

41 CFR Parts 102-83 and 102-85

Federal buildings and facilities, Government property management,
Rates and fares.

41 CFR Part 102-117

Freight, Government property management, Moving of household goods,
Reporting and recordkeeping requirements, Transportation.

41 CFR Part 102-118

Accounting, Claims, Government property management, Reporting and
recordkeeping requirements, Transportation.

41 CFR Part 102-192

Government property management, Organization and functions
(Government agencies), Reporting and recordkeeping requirements,
Security measures.

41 CFR Part 102-193

Archives and records, Computer technology, Government property
management.

Larry Allen,
Associate Administrator, Office of Government-wide Policy.
For the reasons stated in the preamble, GSA amends 41 CFR chapter
102 as follows:

0
1. Revise part 102-3 to read as follows:

PART 102-3--FEDERAL ADVISORY COMMITTEE MANAGEMENT

Subpart A--Federal Advisory Committee Management Policies
Sec.
102-3.5 Coverage and application of this part.
102-3.10 Purpose and scope of the Federal Advisory Committee Act.
102-3.15--102-3.20 [Reserved]
102-3.25 Definitions.
102-3.30 [Reserved]
102-3.35 Policies governing the use of subcommittees.
102-3.40 Activities, committees, or groups not covered by the Act
and this part.
Subpart B--Establishment, Renewal, Reestablishment, Merger, and
Termination of Advisory Committees
102-3.45 Requirements for establishing and terminating advisory
committees.
102-3.50 Authorities for establishing advisory committees.
102-3.55 Duration of advisory committees.
102-3.60 Procedures for establishing, renewing, reestablishing, or
merging discretionary advisory committees.
102-3.65 Public notification requirements for discretionary advisory
committees.
102-3.70 Filing requirements for advisory committee charters.
102-3.75 Content of advisory committee charters.
102-3.80 Amendments to advisory committee charters.
102-3.85 [Reserved]
Subpart C--Management of Advisory Committees
102-3.90 Responsibilities and functions under this subpart.
102-3.95 Principles for managing advisory committees.
102-3.100 Responsibilities and functions of GSA.
102-3.105 Responsibilities of an agency head.
102-3.110 Responsibilities of a chairperson of an independent
Presidential advisory committee.
102-3.115 Responsibilities and functions of a CMO.
102-3.120 Responsibilities and functions of a DFO.
102-3.125 Agency administrative guidelines to implement an advisory
committee.
102-3.130 Policies for appointment, and compensation or
reimbursement of advisory committee members.
Subpart D--Advisory Committee Meeting and Recordkeeping Procedures
102-3.135 Coverage and application of this subpart.
102-3.140 Policies for advisory committee meetings.
102-3.145 Policies for subcommittee meetings.
102-3.150 Announcement of advisory committee meetings to the public.
102-3.155 Procedures for closing advisory committee meetings to the
public.
102-3.160 Activities of advisory committees not subject to notice
and open meeting requirements.
102-3.165 Documentation of advisory committee meetings.
102-3.170 Access to advisory committee records.
102-3.175 Reporting and recordkeeping requirements for advisory
committees.
Subpart E--Advice or Recommendations Provided to Agencies by the
National Academy of Sciences or the National Academy of Public
Administration
102-3.180 Coverage and application of this subpart.
102-3.185 Requirements for agencies using advice from NAS or NAPA.

[[Page 58418]]

Subpart F--Severability
102-3.190 Severability of provisions.

Authority: 40 U.S.C. 121; 5 U.S.C. chapter 10; and E.O. 12024,
42 FR 61445, 3 CFR, 1977 Comp., p. 158.

Subpart A--Federal Advisory Committee Management Policies

Sec. 102-3.5 Coverage and application of this part.

This part provides the policy framework and establishes minimum
requirements that must be used by agency heads and Federal officers in
applying the Federal Advisory Committee Act, as amended (FACA or ``the
Act''), 5 U.S.C. chapter 10, to advisory committees they establish and
operate. This part is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity
by any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person,
including any advisory committee or officer, member, employee, agent,
or contractor of any advisory committee.

Sec. 102-3.10 Purpose and scope of the Federal Advisory Committee
Act.

FACA governs the establishment, operation, administration, and
termination of advisory committees within the executive branch of the
Federal Government. The Act defines what constitutes a Federal advisory
committee, provides general procedures for the executive branch to
follow for operating an advisory committee, and is designed to assure
that the Congress and the public are kept informed with respect to the
number, purpose, membership, activities, recommendations, outcomes, and
cost of advisory committees through reporting requirements.

Sec. Sec. 102-3.15--102-3.20 [Reserved]

Sec. 102-3.25 Definitions.

The following definitions apply to this part:
Act means the Federal Advisory Committee Act (FACA), as amended, 5
U.S.C. chapter 10.
Administrator means the Administrator of General Services.
Advisory committee means any committee, board, commission, council,
conference, panel, task force, or other similar group, which is
established by statute, or established or utilized by the President or
by an agency official, for the purpose of obtaining the group's advice
or recommendations for the President or on issues or policies within
the scope of agency responsibilities (codified at 5 U.S.C. 1001).
Advisory committees are subject to the Act unless specifically exempted
by the Act, or by other statutes, or not covered by this part.
Agency has the same meaning as in 5 U.S.C. 551(1).
Agency head means the head of an executive branch agency,
department, or commission, or their designated delegate.
Chairperson means the advisory committee or subcommittee member who
serves in this role on an advisory committee or subcommittee by
statutory requirement, or by appointment or invitation by Presidential
authority or an agency's authority.
Committee Management Officer (CMO) means the individual designated
by the agency head to implement the provisions of sec. 8(b) of the Act
(codified at 5 U.S.C. 1007(b)) and any delegated responsibilities of
the agency head under the Act.
Committee Management Secretariat (Secretariat) means the
organization established pursuant to sec. 7(a) of the Act (codified at
5 U.S.C. 1006(a)), which is responsible for all matters relating to
advisory committees and carries out the responsibilities of the
Administrator under the Act and E.O. 12024 (3 CFR, 1977 Comp., p. 158).
Committee meeting means any gathering of advisory committee members
(whether in person or electronically, such as using telecommunications
or through a virtual platform), held with the approval of an agency,
and with a Designated Federal Officer in attendance, for the purpose of
deliberating on the matters upon which the advisory committee provides
advice or recommendations.
Committee member means an individual who serves by appointment or
invitation by the appointing authority on an advisory committee or
subcommittee.
Committee staff means any Federal employee, private individual, or
other party (whether under contract or not) who is not a committee
member, and who serves in a support capacity to an advisory committee
or subcommittee.
Designated Federal Officer (DFO) means an individual designated by
the agency head, for each advisory committee for which the agency head
is responsible, to implement the provisions of secs. 10(e) and (f) of
the Act (codified at 5 U.S.C. 1009(e) and (f)) and any advisory
committee procedures of the agency under the control and supervision of
the CMO.
Discretionary advisory committee means any advisory committee that
is established under the authority of an agency head or authorized by
statute, and its establishment or termination is within the legal
discretion of an agency head.
Independent Presidential advisory committee means any Presidential
advisory committee not assigned by the Congress, or by the President or
the President's delegate, to an agency for administrative and other
support.
Non-discretionary advisory committee means any advisory committee
either required by statute or by Presidential directive, and its
establishment or termination is beyond the legal discretion of an
agency head.
Presidential advisory committee means any advisory committee
authorized by the Congress or directed by the President to advise the
President.
Subcommittee means a group that reports to an advisory committee,
and not directly to a Federal officer or agency, whether or not its
members are drawn in whole or in part from the parent advisory
committee.
Utilized by means a committee over which the President or a Federal
officer or agency exercises actual management or control of its
operation, whether or not it was established by the Federal Government.

Sec. 102-3.30 [Reserved]

Sec. 102-3.35 Policies governing the use of subcommittees.

In general, the requirements of the Act and the policies of this
part do not apply to subcommittees of advisory committees as long as
the subcommittee reports only to that parent advisory committee and not
directly to a Federal officer or agency. However, before establishing a
subcommittee under a discretionary committee that is not made up
entirely of members of a parent advisory committee, the head of the
agency shall follow the same consultation process and document in
writing the same determination of need for the subcommittee as is
required under Sec. 102-3.60(a) for the creation of a discretionary
advisory committee.

Sec. 102-3.40 Activities, committees, or groups not covered by the
Act and this part.

In addition to the committees created by the National Academy of
Sciences, Engineering, and Medicine and the National Academy of Public
Administration (except as covered by subpart E of this part), the
Central Intelligence Agency, and the Federal Reserve, the following are
examples of committees or groups that are not covered by the Act or
this part:
(a) Any advisory committee established or utilized by the Office of
the Director of National Intelligence, if the Director of National
Intelligence

[[Page 58419]]

determines that for reasons of national security such advisory
committee cannot comply with the requirements of the Act;
(b) Committees specifically exempted by statute;
(c) Committees created by non-Federal entities and not actually
managed or controlled by the executive branch;
(d) Groups assembled where attendees provide individual advice to a
Federal official(s);
(e) Groups assembled to exchange facts or information with a
Federal official(s);
(f) Any committee composed wholly of full-time or permanent part-
time officers or employees of the Federal Government and elected
officers of State, local, and Tribal governments (or their designated
employees with authority to act on their behalf), acting in their
official capacities, and exclusively discussing matters relating to the
management or implementation of Federal programs established pursuant
to public law that explicitly or inherently share intergovernmental
responsibilities or administration (sec. 204(b) of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C. 1534(b), and Office of Management
and Budget (OMB) Memorandum M-95-20, dated September 21, 1995);
(g) Any committee composed wholly of full-time or permanent part-
time officers or employees of the Federal Government;
(h) Local civic groups whose primary function is that of rendering
a public service with respect to a Federal program;
(i) Groups established to advise State or local officials;
(j) Any committee established to perform primarily operational as
opposed to primarily advisory functions. Operational functions are
those specifically authorized by statute or Presidential directive,
such as making or implementing Government decisions or policy. A
committee designated operational may be covered by the Act if it
becomes primarily advisory in nature;
(k) Meetings where individual rather than consensus advice is
sought, such as roundtable discussions, workshops, townhall meetings,
listening sessions, fact-finding meetings, meetings with an individual,
or meetings with small groups of experts that do not involve regular
meetings and collective recommendations;
(l) Public engagement that is required by statutes, including but
not limited to: notice and comment rulemaking under the Administrative
Procedure Act (5 U.S.C. 551-559), public meetings required under the
National Environmental Policy Act (42 U.S.C. 4321), or public
participation under the Resource Conservation and Recovery Act (42
U.S.C. 6974(b)), the Clean Water Act (33 U.S.C. 1251(e)), or the Safe
Drinking Water Act (42 U.S.C. 300j-9) and the National Historic
Preservation Act section 106 (54 U.S.C. 306108);
(m) Meetings with pre-existing non-governmental groups such as
trade associations, advocacy groups, veterans organizations,
environmental groups, or religious organizations where each group
already has formulated views that it seeks to share with the
Government; and
(n) Meetings where an agency is either providing its views to the
private sector, or is assisting the private sector in developing
guidance for itself.

Subpart B--Establishment, Renewal, Reestablishment, Merger, and
Termination of Advisory Committees

Sec. 102-3.45 Requirements for establishing and terminating advisory
committees.

Requirements for establishing and terminating advisory committees
vary depending on the establishing entity and the source of authority
for the advisory committee. This subpart covers the procedures
associated with the establishment, renewal, reestablishment, merger,
and termination of advisory committees.

Sec. 102-3.50 Authorities for establishing advisory committees.

FACA identifies four sources of authority for establishing an
advisory committee:
(a) Required by statute. By law where Congress establishes an
advisory committee, or specifically directs the President or an agency
to establish it (non-discretionary);
(b) Presidential authority. By Presidential directive (non-
discretionary);
(c) Authorized by statute. By law where Congress authorizes, but
does not direct the President or an agency to establish it
(discretionary); or
(d) Agency authority. By an agency under general authority in title
5 of the United States Code or under other agency-authorizing statutes
(discretionary).

Sec. 102-3.55 Duration of advisory committees.

(a) An advisory committee automatically terminates two years after
its date of establishment unless:
(1) The statutory authority used to establish the advisory
committee provides a different duration or termination, either stated
in or implied by operation of the statute;
(2) The President or agency head as applicable determines that the
advisory committee has fulfilled the purpose for which it was
established and terminates the advisory committee earlier;
(3) The President or agency head as applicable determines that the
advisory committee is no longer carrying out the purpose for which it
was established and terminates the advisory committee earlier; or
(4) The President or agency head as applicable renews the advisory
committee not later than two years after its date of establishment,
renewal, or reestablishment in accordance with Sec. 102-3.60. If the
President or an agency needs an advisory committee that was terminated,
it can be reestablished in accordance with Sec. 102-3.60.
(b) When an advisory committee terminates, the agency shall notify
the Secretariat of the effective date of the termination.

Sec. 102-3.60 Procedures for establishing, renewing, reestablishing,
or merging discretionary advisory committees.

(a) Consultation with the Secretariat. To establish, renew,
reestablish, or merge a discretionary advisory committee, the agency
head must first consult with the Secretariat and, as part of the
consultation, provide a written public interest determination approved
by the head of the agency to the Secretariat documenting that the
establishment, renewal, reestablishment, or merger of the committee is
essential to the conduct of agency business and that the information to
be obtained is not already available through another advisory committee
or source within the Federal Government. At a minimum, the following
factors should be addressed in the written public interest
determination provided to the Secretariat (with a copy to OMB) to
demonstrate that establishing the committee is in the public interest:
(1) Annual budget and expected costs broken into:
(i) Federal personnel (based on full-time equivalent (FTE) usage
basis) and other Federal internal costs;
(ii) Proposed payments to members and number of members; and
(iii) Reimbursable costs;
(2) If applicable, the total dollar value of grants expected to be
recommended during the fiscal year;
(3) Criteria for selecting members to ensure the committee has the
necessary expertise and fairly balanced membership;
(4) List of all other Federal advisory committees of the agency;

[[Page 58420]]

(5) Justification that the information or advice provided by the
Federal advisory committee is not available from another Federal
advisory committee, another Federal Government source or any other more
cost-effective and less burdensome source; and
(6) If the justification relates to a renewal, a summary of the
previous accomplishments of the committee and the reasons it needs to
continue.
(b) Agency considerations for fairly balanced membership. To comply
with the Act's requirement for fairly balanced membership, during the
Federal advisory committee member recruitment process agencies should
consider the following:
(1) The points of view required. During the formation of the
advisory committee membership and as membership vacancies occur,
agencies should ensure that they fully consider and understand the
potential implications or anticipated impacts of the advisory
committee's potential recommendations. This includes consideration of
the groups and entities potentially affected or interested in such
recommendations, as appropriate based on the nature and functions of
the advisory committee, so that the agency can make informed decisions
on the areas of expertise or perspectives that would advance the work
of the advisory committee. Advisory committees requiring technical
expertise should include persons with demonstrated professional or
personal qualifications and experience relevant to the functions and
tasks to be performed by the committee.
(2) Outreach. Having identified the points of view that would
promote a fairly balanced advisory committee membership, agencies
should conduct broad outreach.

Sec. 102-3.65 Public notification requirements for discretionary
advisory committees.

A notice to the public in the Federal Register is required when a
discretionary advisory committee is established, renewed,
reestablished, or merged.
(a) Procedure. Upon receipt of the written public interest
determination approved by the head of the agency and information
required in accordance with Sec. 102-3.60(a), the Secretariat may
provide an assessment to the agency (with a copy to OMB) as to its
views on whether establishment of the advisory committee is in the
public interest. Following receipt of this assessment or notification
from the Secretariat that no such assessment will be produced, the
agency must publish a notice in the Federal Register announcing that
the advisory committee is being established, renewed, reestablished, or
merged. The notice must include the written public interest
determination approved by the head of the agency described in Sec.
102-3.60(a) and any assessment provided by the Secretariat.
(b) Time required for notices. The required notices for
establishment, renewal, reestablishment, or merger must appear at least
7 calendar days before the charter is filed, except that the
Secretariat may approve less than 7 calendar days when requested by the
agency in exceptional circumstances.

Sec. 102-3.70 Filing requirements for advisory committee charters.

No advisory committee may meet or take any action until a charter
has been filed by the CMO or by another agency official designated by
the agency head.
(a) Requirement for discretionary advisory committees. To amend a
charter, or establish (including due to a merger), renew, or
reestablish a discretionary advisory committee, a charter must be filed
with:
(1) The agency head;
(2) The standing committees of the Senate and the House of
Representatives having legislative jurisdiction of the agency, the date
of filing with which constitutes the official date of establishment for
the advisory committee;
(3) The Library of Congress;
(4) The Secretariat, indicating the date the charter was filed in
accordance with paragraph (a)(2) of this section; and
(5) OMB.
(b) Requirement for non-discretionary advisory committees. Charter
filing requirements for non-discretionary advisory committees are the
same as those in paragraph (a) of this section, except that the date of
establishment, renewal, merger, or reestablishment for a Presidential
advisory committee is the date the charter is filed with the
Secretariat.

Sec. 102-3.75 Content of advisory committee charters.

An advisory committee charter is intended to provide a description
of an advisory committee's mission, goals, and objectives. The charter
must contain the following information:
(a) The advisory committee's official designation (official name);
(b) The legal authority that permits the advisory committee to be
established;
(c) The objectives and the scope of the advisory committee's
activities;
(d) A description of the duties for which the advisory committee is
responsible and specification of the authority for any non-advisory
functions;
(e) The agency or Federal officer to whom the advisory committee
submits its recommendations;
(f) The agency responsible for providing the necessary support to
the advisory committee, including the name of the President's delegate,
agency, or organization responsible for fulfilling the reporting
requirements of sec. 6(b) of the Act (codified at 5 U.S.C. 1005(b)), if
appropriate;
(g) The estimated annual costs to operate the advisory committee in
dollars and person years (FTE). The estimated costs should break down
all costs into the three categories described in Sec. 102-3.60(a);
(h) The estimated number and frequency of the advisory committee's
meetings;
(i) The period of time necessary to carry out the advisory
committee's purpose(s);
(j) The planned termination date, if less than two years from the
date of establishment of the advisory committee;
(k) The estimated number of advisory committee members, the
expertise or experience required, and the anticipated advisory
committee member designations;
(l) Whether subcommittees may be created and by whom; and
(m) The date the charter is filed in accordance with Sec. 102-
3.70.

Sec. 102-3.80 Amendments to advisory committee charters.

The agency head is responsible for amending the charter of an
advisory committee. Amending any existing advisory committee charter
does not constitute renewal of the advisory committee under Sec. 102-
3.60. The procedures for making changes and filing amended charters
will depend upon the authority basis for the advisory committee:
(a) Non-discretionary advisory committees. When Congress by law, or
the President by Presidential directive (e.g., E.O.), changes the
authorizing language that has been the basis for establishing an
advisory committee, the agency head or the chairperson of an
independent Presidential advisory committee must amend those sections
of the current charter affected by the new statute or Presidential
directive (e.g., E.O.), and file the amended charter as specified in
Sec. 102-3.70.
(b) Discretionary advisory committees. The agency head must amend
the charter of a discretionary advisory committee when an agency head

[[Page 58421]]

determines that provisions of a filed charter are inaccurate or
obsolete, specific provisions have changed, such as the name of the
advisory committee, number of members, estimated number or frequency of
meetings, objectives, or estimated costs, or when advisory committees
need to be merged. The agency must then file the amended charter as
specified in Sec. 102-3.70.
(c) Public notification of charter amendments. Agencies must post
an announcement and a copy of the charter amendment on the advisory
committee website. If an advisory committee website is not available,
the agency must publish a notice of amendment in the Federal Register.
Federal Register notice publishing and website posting of charter
amendments may be performed concurrently with the filing of the
charter. The publishing requirement in the Federal Register does not
apply to a non-discretionary advisory committee if the amendment was
the result of a legislative change or Presidential directive.

Sec. 102-3.85 [Reserved]

Subpart C--Management of Advisory Committees

Sec. 102-3.90 Responsibilities and functions under this subpart.

This subpart outlines specific responsibilities and functions to be
carried out by the U.S. General Services Administration (GSA), the
agency head, the CMO, and the DFO under the Act.

Sec. 102-3.95 Principles for managing advisory committees.

Agencies are to apply the following principles to the management of
their advisory committees:
(a) Provide adequate support and access. Before establishing an
advisory committee, agencies should identify requirements and ensure
that adequate resources are available to support anticipated
activities, such as work and meeting space, necessary technology,
supplies and equipment (e.g., adequate virtual meeting capabilities),
Federal staff support, access to key decisionmakers, and member access
to meetings.
(b) Practice openness. Agencies should seek to be as transparent
and timely as possible when providing public access to advisory
committee activities and materials. Agencies should create public-
facing websites at both the agency and advisory committee level to help
the public understand an agency's advisory committee program, and use
additional notification methods, as appropriate, to reach advisory
committee stakeholders, pursuant to sec. 10 of the Act (codified at 5
U.S.C. 1009).
(c) Fiscal restraint. Agencies should actively seek to minimize
costs associated with advisory committees and should be transparent
about all expenditures. Each agency shall keep records fully disclosing
the amount budgeted to each committee, a detailed account of all
committee expenditures and agency expenditures on behalf of the
committee, and the nature and extent of their activities. This
information should be provided as part of the annual comprehensive
review and be reported by the Secretariat. If the committee has a
website, the agency should provide accurate and up to date information
regarding all committee expenditures and the justification for each
expenditure on an annual basis.

Sec. 102-3.100 Responsibilities and functions of GSA.

(a) The responsibilities of the Administrator under sec. 7 of the
Act (codified at 5 U.S.C. 1006) have been delegated by the
Administrator to the Secretariat.
(b) The Secretariat is responsible for:
(1) Engaging in consultations with agencies on the establishment,
reestablishment, renewal, merger, and termination of discretionary
advisory committees;
(2) Prescribing guidance and regulations applicable to advisory
committees;
(3) Assisting other agencies in implementing and interpreting the
Act;
(4) Conducting a Government-wide annual comprehensive review of
advisory committees to determine whether each committee is carrying out
its purpose, whether the responsibilities assigned to the committee
should be revised, and whether any committees should be merged or
terminated;
(5) Collecting and analyzing data relating to the costs of
individual advisory committees and agency FACA programs as well as the
costs of the Government-wide program and the Secretariat;
(6) Designing and maintaining a FACA database to facilitate data
collection, reporting, and use of information required by the Act; and
(7) Providing recommendations for transmittal by the Administrator
to the President, Congress, or agency heads regarding actions that
should be taken with regard to the FACA and its implementation.

Sec. 102-3.105 Responsibilities of an agency head.

When a committee is utilized by or established by an agency, the
agency head must:
(a) Issue administrative guidelines and management controls
consistent with guidance issued by the Administrator;
(b) Maintain information on the nature, functions, and operation of
each advisory committee within its jurisdiction;
(c) Designate a CMO for the agency and a DFO for each advisory
committee and its subcommittees;
(d) Approve the advisory committee charters for establishments,
renewals, re-establishments, or mergers;
(e) Provide a written determination stating the reasons for closing
any advisory committee meeting to the public, in whole or in part, in
accordance with the exemptions set forth in the Government in the
Sunshine Act, 5 U.S.C. 552b(c);
(f) Review, at least annually, the need to continue each existing
advisory committee, consistent with the public interest and the purpose
or functions of each advisory committee. This review must address all
of the criteria listed in Sec. 102-3.60;
(g) Develop procedures to assure that the advice or recommendations
of advisory committees will not be inappropriately influenced by the
appointing authority or by any special interest, but will instead be
the result of the advisory committee's independent judgment;
(h) Assure that the interests and affiliations of committee members
are reviewed for conformance with applicable conflict of interest
statutes, regulations issued by the U.S. Office of Government Ethics (5
CFR chapter XVI, subchapter B) including any supplemental agency
requirements, and other Federal ethics rules; and
(i) Appoint or invite individuals to serve on committees, unless
otherwise provided for by a specific statute or Presidential directive.

Sec. 102-3.110 Responsibilities of a chairperson of an independent
Presidential advisory committee.

The chairperson of an independent Presidential advisory committee
must:
(a) Consult with the Secretariat concerning the designation of a
CMO and DFO; and
(b) Consult with the Secretariat in advance regarding any proposal
to close any meeting in whole or in part.

Sec. 102-3.115 Responsibilities and functions of a CMO.

In addition to implementing the provisions of sec. 8(b) of the Act
(codified at 5 U.S.C. 1007(b)), the CMO will carry out all
responsibilities delegated by the agency head and

[[Page 58422]]

manage the agency FACA program. The CMO also should ensure that secs.
10(b), 12(a), and 13 of the Act (codified at 5 U.S.C. 1009(b), 1011(a),
and 1012, respectively) are implemented by the agency to provide for
appropriate recordkeeping. Records to be kept by the CMO include, but
are not limited to--
(a) Charter and membership documentation. A set of filed charters
for each advisory committee and membership lists for each advisory
committee and subcommittee;
(b) Annual comprehensive review. Copies of the information provided
as the agency's portion of the annual comprehensive review of Federal
advisory committees, prepared according to Sec. 102-3.175(b);
(c) Agency administrative guidelines. Agency administrative
guidelines maintained and updated on committee management operations
and procedures; and
(d) Closed meeting determinations. Agency, or in the case of an
independent Presidential advisory committee, Secretariat,
determinations to close or partially close advisory committee meetings
required by Sec. 102-3.105(e).

Sec. 102-3.120 Responsibilities and functions of a DFO.

(a) The agency head or, in the case of an independent Presidential
advisory committee, the Secretariat, must designate a Federal officer
or employee to be the DFO for each advisory committee and its
subcommittees, who must:
(1) Ensure that their committee activities comply with the Act,
this part, their agency administrative procedures, and any other
applicable laws and regulations;
(2) Approve or call all meetings of the advisory committee or
subcommittee;
(3) Approve the agenda, except that this requirement does not apply
to a Presidential advisory committee;
(4) Attend all advisory committee and subcommittee meetings for
their duration;
(5) Adjourn any meeting when he or she determines it to be in the
public interest;
(6) Chair any meeting when so directed by the agency head;
(7) Maintain information on advisory committee activities and
provide such information to the public, as applicable; and
(8) Ensure advisory committee members and subcommittee members, as
applicable, receive the appropriate training (e.g., FACA overview,
ethics training) for compliance with the Act and this part.
(b) The DFO should ensure a public-facing website is created and
maintained for each advisory committee, and include information such
as: the advisory committee charter; relevant laws, regulations, and
guidance; advisory committee member rosters; Federal Register notices;
meeting information (such as agendas, meeting materials, and minutes);
reports and recommendations; and any other information that would
increase the transparency and public understanding of advisory
committee functions and activities and assist in fulfilling the
requirements under sec. 10(b) of the Act (codified at 5 U.S.C.
1009(b)).

Sec. 102-3.125 Agency administrative guidelines to implement an
advisory committee.

An agency's administrative guidelines provide the details that
advisory committee staff need to implement FACA requirements during the
creation, operation, and termination of their advisory committees.
(a) Advisory committee operating procedures (also known as bylaws).
Agency administrative guidelines should specify the content of advisory
committee operating procedures to ensure they provide clear
instructions on how to comply with the Act and the authority for the
committee, including how to conduct advisory committee meetings and
other committee activities.
(b) Advisory committee costs. Agency administrative guidelines
must:
(1) Provide instructions on how to identify, calculate, and fully
document advisory committee costs; and
(2) Ensure agency committee cost records match the data reported
through the FACA database.

Sec. 102-3.130 Policies for appointment, and compensation or
reimbursement of advisory committee members.

In developing guidelines to implement the Act, this part, and other
applicable laws and regulations at the agency level, agency heads
should address the following issues:
(a) Appointment and terms of advisory committee members. Unless
otherwise provided by statute, Presidential directive, or other
establishment authority, advisory committee members serve at the
pleasure of the appointing or inviting authority. Membership terms are
at the sole discretion of the appointing or inviting authority. Agency
heads are encouraged to set member term limits, where possible, so that
agencies continually ensure the committee is fairly balanced throughout
the life of the advisory committee.
(b) Compensation of advisory committee members. Agencies are not
required to pay their advisory committee members, unless required to do
so by statute or Presidential authority. In determining the rate of
compensation an agency must give consideration to the significance,
scope, and technical complexity of the matters with which the advisory
committee is concerned, and the qualifications required for the work
involved. The agency head may establish appropriate rates of pay not to
exceed the rate for level III of the Executive Schedule under 5 U.S.C.
5314, unless a higher rate expressly is allowed by another statute. The
agency may not provide additional compensation in any form. Federal
employees may not receive any additional compensation or bonus pay for
their service on an advisory committee, except recompense of travel
expenses in accordance with the Federal Travel Regulation in 41 CFR
subtitle F.
(c) Federal employees assigned to an advisory committee. Federal
employees serving as either an advisory committee member or as a staff
person remain covered during the assignment by the compensation system
of their employing agency.
(d) Other appointment considerations. Any advisory committee staff
person who is not a current Federal employee must be appointed in
accordance with applicable agency procedures.
(e) Travel expenses. Advisory committee members, while engaged in
the performance of their duties away from their homes or regular places
of business, may be allowed reimbursement for travel expenses,
including per diem, per the rates established for employees by the
Administrator at 5 U.S.C. 5702. In order to minimize travel expenses,
agencies should hold virtual meetings or allow virtual attendance for
committee members who would otherwise need to travel. Reimbursement of
travel expenses should only be done when the Presidential directive,
authorizing statute, or committee charter allows for it, funds are
available, and expenditure of funds will not exceed budgeted amounts.
(f) Services for advisory committee members with disabilities.
While performing advisory committee duties, an advisory committee
member with disabilities may be provided the same services by a
personal assistant as those that may be provided to employees per 5
U.S.C. 3102.

[[Page 58423]]

Subpart D--Advisory Committee Meeting and Recordkeeping Procedures

Sec. 102-3.135 Coverage and application of this subpart.

This subpart establishes policies and procedures relating to
meetings and other activities undertaken by advisory committees and
their subcommittees. This subpart also outlines what records must be
kept by Federal agencies and what other documentation, including
advisory committee minutes and reports, must be prepared and made
available to the public.

Sec. 102-3.140 Policies for advisory committee meetings.

(a) Each advisory committee meeting must be held at a reasonable
time and in a manner or place accessible to the public.
(b) The physical or electronic meeting room must be sufficient to
accommodate advisory committee members, advisory committee or agency
staff, and a reasonable number of interested members of the public.
(c) Any member of the public is permitted to file a written
statement with the advisory committee, whether or not the statement is
related to a specific meeting.
(d) Any member of the public may speak to or otherwise address the
advisory committee if the agency's guidelines so permit.
(e) Any advisory committee meeting conducted in whole or in part
through any electronic medium (such as a teleconference or through a
virtual platform) must meet the requirements of this subpart. Agencies
should explore having virtual meetings instead of in-person meetings as
a cost savings measure.
(f) The Federal Register notices, agendas, and supporting materials
related to each meeting should be posted on the agency advisory
committee website (if one exists) as soon as they are available or at
the time they are provided to the advisory committee members.

Sec. 102-3.145 Policies for subcommittee meetings.

If a subcommittee provides advice or recommendations directly to a
Federal officer or agency, or if its advice or recommendations will be
adopted by the parent advisory committee without further deliberations
by the parent advisory committee, then the subcommittee's meetings must
be conducted in accordance with the requirements of this subpart.

Sec. 102-3.150 Announcement of advisory committee meetings to the
public.

(a) A notice in the Federal Register must be published at least 7
calendar days prior to an advisory committee meeting, which includes:
(1) The name of the advisory committee (or subcommittee, if
applicable);
(2) The time, date, physical place (and/or instructions to connect
electronically), and purpose of the meeting;
(3) Whether meeting registration is required;
(4) A summary of the agenda, and/or topics to be discussed and
instructions on how to access meeting materials;
(5) A statement whether all or part of the meeting is open to the
public or closed; if the meeting is closed in whole or in part, state
the reasons why, citing the specific exemption(s) of the Government in
the Sunshine Act, 5 U.S.C. 552b(c);
(6) Instructions for submitting written comments, and oral comments
if permitted;
(7) Instructions on how to submit a request for physical meeting or
electronic meeting accommodations consistent with the relevant sections
of the Rehabilitation Act, as amended, 29 U.S.C. 794; and
(8) The contact information for the DFO or other responsible agency
official, or agency electronic mailbox for the committee, to contact
for additional information concerning the meeting.
(b) The agency or an independent Presidential advisory committee
may give less than 7 calendar days notice if the President determines
this is necessary for reasons of national security, or if the head of
an agency determines this is necessary due to exceptional
circumstances, and the reasons for doing so are included in the
advisory committee meeting notice published in the Federal Register.
(c) In addition to the Federal Register, and consistent with
standard agency practice, agencies should announce meetings through
additional notification methods, such as websites and social media,
considering the most appropriate methods to reach committee
stakeholders, and with as much advance notice as possible.

Sec. 102-3.155 Procedures for closing advisory committee meetings to
the public.

(a) To close all or part of an advisory committee meeting, the DFO
must submit a request to the agency head, or in the case of an
independent Presidential advisory committee, the Secretariat, citing
the specific exemption(s) of the Government in the Sunshine Act, 5
U.S.C. 552b(c), that justifies the closure. The request must provide
the agency head or the Secretariat sufficient time to review the matter
in order to make a determination before publication of the meeting
notice required by Sec. 102-3.150.
(b) If the agency head, or in the case of an independent
Presidential advisory committee, the Secretariat, finds that the
request is consistent with the provisions of the Government in the
Sunshine Act and FACA, the appropriate agency official must issue a
determination that all or part of the meeting will be closed. The
agency head or the chairperson of an independent Presidential advisory
committee must make a copy of any such determination available to the
public upon request.

Sec. 102-3.160 Activities of advisory committees not subject to
notice and open meeting requirements.

The following activities of an advisory committee are excluded from
the procedural requirements contained in this subpart:
(a) Preparatory work. Meetings of two or more advisory committee or
subcommittee members convened solely to gather information, conduct
research, or analyze relevant issues and facts in preparation for
deliberation by advisory committee members in a public meeting of the
advisory committee, or deliberation by subcommittee members in a public
meeting of the subcommittee (where applicable). These meetings to
conduct preparatory work do not include deliberation among advisory
committee or subcommittee members; and
(b) Administrative work. Meetings of two or more advisory committee
or subcommittee members convened solely to discuss administrative
matters of the advisory committee or subcommittee (such as meeting
logistics) or to receive administrative information from a Federal
officer or agency (such as a briefing on ethics or FACA procedural
requirements).

Sec. 102-3.165 Documentation of advisory committee meetings.

(a) Detailed minutes of each advisory committee meeting, including
one that is closed or partially closed to the public, must be kept. The
chairperson of each advisory committee must certify the accuracy of all
minutes of advisory committee meetings.
(b) The minutes must include:
(1) The time, date, and place (or electronic format) of the
advisory committee meeting;
(2) A list of the persons who were present at the meeting,
including

[[Page 58424]]

advisory committee members and staff, agency employees, and members of
the public who presented oral or written statements;
(3) An accurate description of each matter discussed and the
resolution, if any, made by the advisory committee regarding such
matter; and
(4) Copies of each report or other materials received, issued, or
approved by the advisory committee at the meeting.
(c) The DFO must ensure that minutes are certified for accuracy by
the chairperson within 90 calendar days of the meeting to which they
relate. Agencies should post the meeting minutes on the agency advisory
committee website (if one exists).

Sec. 102-3.170 Access to advisory committee records.

Timely access to advisory committee records is an important element
of the public access requirements of the Act. Section 10(b) of the Act
(codified at 5 U.S.C. 1009(b)) provides for the contemporaneous
availability of advisory committee records that, when taken in
conjunction with the ability to attend committee meetings, provide a
meaningful opportunity to comprehend fully the work undertaken by the
advisory committee. Although certain advisory committee records may be
withheld under an exemption to the Freedom of Information Act (FOIA),
agencies may not require members of the public or other interested
parties to use FOIA procedures in order to obtain records available
under sec. 10(b) of the Act (codified at 5 U.S.C. 1009(b)).

Sec. 102-3.175 Reporting and recordkeeping requirements for advisory
committees.

(a) Presidential advisory committee follow-up report. Within one
year after a Presidential advisory committee has submitted a public
report to the President, a follow-up report required by sec. 6(b) of
the Act (codified at 5 U.S.C. 1005(b)) must be prepared and transmitted
to the Congress detailing the disposition of the advisory committee's
recommendations. These reports are prepared and transmitted to the
Congress either by the President or the President's delegate pursuant
to Sec. 102-3.75(f).
(b) Annual comprehensive review of Federal advisory committees. Per
sec. 7(b) of the Act (codified at 5 U.S.C. 1006(b)), GSA is required to
conduct an annual comprehensive review of the activities and
responsibilities of each Federal advisory committee that was in
existence during any part of a Federal fiscal year. In carrying out the
review the Secretariat shall review the written public interest
determination required by Sec. 102-3.60(a), any reports or
recommendations issued by each committee, including all grants, and
data reported on each committee by its sponsoring agency to make a
recommendation as to whether the committee should be renewed, merged,
or terminated. Federal agencies are responsible for reporting data on
each advisory committee into the GSA FACA database as part of the
annual comprehensive review.
(c) Annual report of closed or partially closed meetings. In
accordance with sec. 10(d) of the Act (codified at 5 U.S.C. 1009(d)),
advisory committees holding closed or partially closed meetings must
issue reports at least annually, setting forth a summary of activities
and such related matters as would be informative to the public
consistent with the policy of 5 U.S.C. 552(b).
(d) Advisory committee reports. Subject to 5 U.S.C. 552, copies of
each report made by an advisory committee, including any report of
closed or partially closed meetings as specified in paragraph (c) of
this section and, where appropriate, background papers prepared by
experts or consultants, must be filed with the Library of Congress as
required by sec. 13 of the Act (codified at 5 U.S.C. 1012) for public
inspection and use.
(e) Advisory committee records. Official records generated by or
for an advisory committee must be retained for the duration of the
advisory committee. Upon termination of the advisory committee, the
records must be processed in accordance with the Federal Records Act,
44 U.S.C. chapters 21 and 29 through 33, and regulations issued by the
National Archives and Records Administration (see 36 CFR parts 1220,
1222, 1228, and 1234), or in accordance with the Presidential Records
Act, 44 U.S.C. chapter 22.

Subpart E--Advice or Recommendations Provided to Agencies by the
National Academy of Sciences or the National Academy of Public
Administration

Sec. 102-3.180 Coverage and application of this subpart.

This subpart provides guidance to agencies on compliance with sec.
15 of the Act (codified at 5 U.S.C. 1014). Section 15 establishes
requirements that apply only in connection with a funding or other
written agreement involving an agency's use of advice or
recommendations provided to the agency by the National Academy of
Sciences (NAS) or the National Academy of Public Administration (NAPA),
if such advice or recommendations were developed by use of a committee
created by either academy. For purposes of this subpart, NAS also
includes the National Academy of Engineering, the National Academy of
Medicine, and the National Research Council. Except with respect to NAS
committees that were the subject of judicial actions filed before
December 17, 1997, no part of the Act other than sec. 15 applies to any
committee created by NAS or NAPA.

Sec. 102-3.185 Requirements for agencies using Advice from NAS or
NAPA.

(a) Section 15 requirements. An agency may not use any advice or
recommendation provided to an agency by NAS or NAPA under an agreement
between the agency and an academy, if such advice or recommendation was
developed by use of a committee created by either academy, unless:
(1) The committee was not subject to any actual management or
control by an agency or officer of the Federal Government; and
(2) In the case of NAS, the academy certifies that it has complied
substantially with the requirements of sec. 15(b) of the Act (codified
at 5 U.S.C. 1014(b)); or
(3) In the case of NAPA, the academy certifies that it has complied
substantially with the requirements of sec. 15(b)(1), (2), and (5) of
the Act (codified at 5 U.S.C. 1014(b)(1), (2), and (5), respectively).
(b) No agency management or control. Agencies must not manage or
control the specific procedures adopted by each academy to comply with
the requirements of sec. 15 of the Act (codified at 5 U.S.C. 1014) that
are applicable to that academy. In addition, however, any committee
created and used by an academy in the development of any advice or
recommendation to be provided by the academy to an agency must be
subject to both actual management and control by that academy and not
by the agency.
(c) Funding agreements. Agencies may enter into contracts, grants,
and cooperative agreements with NAS or NAPA that are consistent with
the requirements of this subpart to obtain advice or recommendations
from such academy. These funding agreements require, and agencies may
rely upon, a written certification by an authorized representative of
the academy provided to the agency upon delivery to the agency of each
report containing advice or recommendations required under the
agreement that:

[[Page 58425]]

(1) The academy has adopted policies and procedures that comply
with the applicable requirements of sec. 15 of the Act (codified at 5
U.S.C. 1014); and
(2) To the best of the authorized representative's knowledge and
belief, these policies and procedures substantially have been complied
with in performing the work required under the agreement.

Subpart F--Severability

Sec. 102-3.190 Severability of provisions.

All provisions of this part are separate and severable from one
another. If any provision is stayed or determined to be invalid, it is
GSA's intention that the remaining provisions shall continue in effect.
9*

PART 102-5--[Removed and Reserved]

0
2. Under the authority of 40 U.S.C. 121(c); 31 U.S.C. 1344(e)(1),
remove and reserve part 102-5.

0
3. Revise part 102-33 to read as follows:

PART 102-33--MANAGEMENT OF GOVERNMENT AIRCRAFT

Subpart A--General Provisions
Sec.
102-33.5 Scope.
102-33.10 Deviations.
102-33.15 Definitions.
102-33.20 Agency responsibilities.
102-33.25 SAMO duties.
102-33.30 GSA's responsibilities for Federal aviation management.
Subpart B--Acquiring Government Aircraft and Aircraft Parts
102-33.35 Process for acquiring aircraft and aircraft parts.
102-33.40 Acquiring Government aircraft.
102-33.45 Process for budgeting to acquire CAS.
102-33.50 Responsibilities when contracting to purchase or capital
lease a Federal aircraft or to award a CAS contract.
102-33.55 Minimum requirements for CAS contracts.
102-33.60 Responsibilities when acquiring aircraft parts.
102-33.65 Military FSCAP requirements.
102-33.70 Life-limited parts requirements.
Subpart C--Government Aircraft and Aircraft Parts
102-33.75 Federal aircraft management responsibilities.
102-33.80 Management responsibilities when hiring CAS.
102-33.85 Management accountability and controls for aviation
programs.
102-33.90 Flight Program Standards.
102-33.95 Establishing Flight Program Standards.
102-33.100 Exemptions from establishing Flight Program Standards.
102-33.105 Establishing Flight Program Standards.
102-33.110 Flight Program Operation Standards.
102-33.115 Flight program operations.
102-33.120 Maintenance of Government aircraft.
102-33.125 Training requirements.
102-33.130 Aviation safety management.
102-33.135 Responding to aircraft accidents and incidents.
102-33.140 Accountable aircraft operations and ownership costs.
102-33.145 Automated system for accounting aircraft costs.
102-33.150 Federal aircraft ownership justification.
102-33.155 Recovering operating cost.
102-33.160 Accounting for the use of Government aircraft.
102-33.165 Carrying passengers on Government aircraft.
102-33.170 Aircraft parts management.
102-33.175 The use of military FSCAP on non-military FAA-type
certificated Government aircraft.
102-33.180 Life-limited parts and FSCAP.
Subpart D--Disposing or Replacing of Government Aircraft and Aircraft
Parts
102-33.185 Disposing or replacing aircraft and aircraft parts.
102-33.190 Reporting excess of both operational and non-operational
aircraft.
102-33.195 Declassifying aircraft.
102-33.200 Documenting FSCAP or life-limited parts installed on
aircraft.
102-33.205 Reporting requirements for excess, replacement, or
declassified aircraft in FAIRS.
102-33.210 Excess aircraft.
102-33.215 Replacing aircraft through exchange/sale.
102-33.220 Special disclaimers for non-certificated aircraft
operated as public aircraft.
Subpart E--Reporting Information on Government Aircraft
102-33.225 Government aircraft report requirement.
102-33.230 Exemptions from reporting information to GSA on
Government aircraft.
102-33.235 Required reporting on Government aircraft.
102-33.240 FAIRS.
102-33.245 Timeline for FAIRS reports.
102-33.250 Federal inventory.
102-33.255 Declassify a Federal aircraft.
102-33.260 Federal aircraft cost and utilization data.
102-33.265 CAS cost and utilization data.
102-33.270 Aircraft accident and incident.
102-33.275 Development of performance indicators.

Authority: 40 U.S.C. 121(c); 31 U.S.C. 101 et seq.;
Reorganization Plan No. 2 of 1970, 35 FR 7959, 3 CFR, 1066-1970
Comp., p. 1070; E.O. 11541, 35 FR 10737, 3 CFR, 1966-1970 Comp., p.
939; and OMB Circular No. A-126 (Revised May 22, 1992), 57 FR 22150.

Subpart A--General Provisions

Sec. 102-33.5 Scope.

(a) This part applies to all federally funded aviation activities
using Government aircraft for official executive branch business.
(b) This part does not apply to the following:
(1) The Armed Forces, except for:
(i) Section 102-33.20(e); and
(ii) Subpart D of this part;
(2) The President or Vice President and their offices;
(3) Aircraft when an executive agency provides Government-furnished
avionics for commercially or privately owned aircraft for the purposes
of technology demonstration or testing; and
(4) Privately owned aircraft that agency personnel use for official
travel.
(c) This part does not supersede any of the regulations in 14 CFR
chapter I.

Sec. 102-33.10 Deviations.

(a) See Sec. Sec. 102-2.60 through 102-2.110 of this chapter.
(b) The General Services Administration (GSA) may not grant
deviations from the requirements of OMB Circular A-126.

Sec. 102-33.15 Definitions.

Acquisition date means the date that the acquiring executive agency
took responsibility for the aircraft, e.g., received title (through
purchase, exchange, or gift), signed a bailment agreement with the
Department of Defense (DoD), took physical custody, received a court
order, put into operational status an aircraft that is newly
manufactured by the agency, or otherwise accepted physical transfer
(e.g., in the case of a borrowed aircraft).
Aircraft part means a component or assembly used on aircraft.
Armed Forces mean all military branches (active, reserve, and
National Guard).
Aviation life support equipment (ALSE) means equipment that
protects flight crewmembers and others aboard an aircraft during
flight, including assisting their safe escape, survival, and recovery
during an accident or other emergency.
Crewmember means a person operating or assisting in flight.
Criticality code means a single digit code that DoD assigns to
military Flight Safety Critical Aircraft Parts (FSCAP).
Data plate means a fireproof, permanent identification (ID) plate
on aircraft or components, per Federal Aviation Administration (FAA) or
military standards.

[[Page 58426]]

Declassify means to remove non-operational aircraft from Federal
inventory for ground use.
Disposal date is when an executive agency relinquishes aircraft
responsibility. For FAIRS, declassification is considered a
``disposal'' action.
Donated aircraft are surplus aircraft donated to eligible non-
Federal groups pursuant to Sec. 102-37 of this subchapter.
Exchange see Sec. 102-35.20 of this subchapter.
Exchange/sale see Sec. 102-35.20 of this subchapter.
Exclusive use means aircraft operated solely for U.S. Government
benefit.
Executive agency see Sec. 102-35.20 of this subchapter.
Federal aircraft means manned or unmanned aircraft owned or used by
an executive agency, including:
(1) Bailed aircraft: aircraft owned by one agency, operated by
another under agreement;
(2) Borrowed aircraft: aircraft owned by a non-executive agency,
used by an executive agency without compensation;
(3) Forfeited aircraft: aircraft seized by the Government through a
legal process;
(4) Loaned aircraft: aircraft owned by an executive agency, in a
non-executive agency's custody without compensation; and
(5) Owned aircraft: aircraft title held by an executive agency.

Note 1 to the definition of ``Federal aircraft'': Bailed or
loaned aircraft stay in the owning agency's inventory, unless DoD-
owned, then listed under the operator.

Federal Aviation Interactive Reporting System (FAIRS) is a
management information system designed to collect, maintain, analyze,
and report information on Federal aircraft inventories and cost and
utilization of Federal and Commercial Aviation Services (CAS).
Flight Safety Critical Aircraft Part (FSCAP) means any aircraft
part, assembly, or installation containing a critical characteristic
whose failure, malfunction, or absence could cause a catastrophic
failure resulting in loss or serious damage to the aircraft or an
uncommanded engine shutdown resulting in an unsafe condition.
Full-service contract is when an agency leases a non-Federal
aircraft with crew and maintenance for exclusive use; such aircraft are
not considered Federal, no matter the contract length.
Government aircraft means manned or unmanned aircraft operated for
the exclusive use of an executive agency. Government aircraft include--
(1) Federal aircraft; and
(2) Aircraft hired as CAS, including:
(i) Leased aircraft for exclusive use for an agreed upon period of
time;
(ii) Capital lease aircraft for which the leasing agency holds an
option to take title;
(iii) Charter aircraft for hire under a contractual agreement for
one-time exclusive use that specifies performance;
(iv) Rental aircraft obtained commercially under an agreement in
which the executive agency has exclusive use for an agreed upon period
of time;
(v) Contracting for full services; or
(vi) Obtaining related aviation services by commercial contract,
except those services acquired to support Federal aircraft.
Governmental function is a federally funded activity carried out by
an agency under its legal authority.
Intelligence community means those agencies identified in the
National Security Act, 50 U.S.C. 401a(4).
Inter-service Support Agreement (ISSA) is a deal where one agency
provides aviation services to another, with or without reimbursement;
sharing only the aircraft is a bailment, not an ISSA.
Life-limited part is any aircraft part with a set replacement time,
inspection interval, or time-based requirement. For non-military parts,
the FAA specifies life-limited part airworthiness limitations in 14 CFR
21.50, 23.1529, 25.1529, 27.1529, 29.1529, 31.82, 33.4, and 35.5, and
on product Type Certificate Data Sheets (TCDS). Letters authorizing
Technical Standards Orders (TSO) must note or reference mandatory
replacement or inspection of parts.
Military aircraft part is an aircraft part used on an aircraft that
was developed by the Armed Forces (whether or not it carries an FAA
airworthiness certificate).
Non-operational aircraft are Federal aircraft deemed unsafe for
flight and not economically repairable, excluding those temporarily out
of service for maintenance, which are considered operational aircraft.
Official Government business in relation to Government aircraft--
(1) Includes, but is not limited to--
(i) Carrying crewmembers, qualified non-crewmembers, and cargo
directly required or associated with performing governmental functions;
(ii) Carrying passengers authorized to travel on Government
aircraft; and
(iii) Training pilots and other aviation personnel.
(2) Does not include--
(i) Using Government aircraft for personal or political purposes,
except for required use travel and space available travel as defined in
OMB Circular A-126; or
(ii) Carrying passengers who are not officially authorized to
travel on Government aircraft.
Operational aircraft are Federal aircraft that are safe to fly or
can be economically repaired to be flight-ready, including those
temporarily out of service for maintenance.
Original equipment manufacturer (OEM) refers to the company that
designed or holds rights to produce an aircraft or part; Parts
Manufacturer Approval (PMA) parts are not OEM, though they may be valid
replacements.
Passenger means a person onboard a Government aircraft who is
authorized to travel and not a crewmember or qualified non-crewmember.
Performance Indicator is a metric used to track progress toward
goals; for aircraft, it measures the efficiency and effectiveness of
delivering safe aviation services.
Production approval holder (PAH) means the person or company who
holds a Production Certificate (PC), Approved Production Inspection
System (APIS), Parts Manufacturer Approval (PMA), or Technical
Standards Orders Authorization (TSOA), issued under provisions of 14
CFR part 21 and who controls the design, manufacture, and quality of a
specific aircraft part.
Qualified non-crewmember means an individual, other than a member
of the crew, aboard an aircraft--
(1) Operated by a United States (U.S.) Government agency in the
intelligence community; or
(2) Whose presence is required to perform or is associated with
performing the governmental function for which the aircraft is being
operated (qualified non-crewmembers are not passengers).
Registration mark means the unique identification mark or tail
number, which is the FAA-assigned ID displayed on U.S.-registered
Government aircraft, except military aircraft; foreign CAS aircraft
display their national markings.
Related aviation services contract is a commercial agreement where
an agency hires aviation services, excluding aircraft, such as crew,
maintenance, or catering.
Required use travel is when an agency employee must use a
Government aircraft due to security, communication needs, or
scheduling, as approved pursuant to OMB Circular A-126.
Risk analysis and management means a systematic process for--
(1) Identifying risks and hazards associated with alternative
courses of

[[Page 58427]]

action involved in an aviation operation;
(2) Choosing from among these alternatives the courses of action
that will promote optimum aviation safety;
(3) Assessing the likelihood and predicted severity of an injurious
mishap within the various courses of action;
(4) Controlling and mitigating identified risks and hazards within
the chosen courses of action; and
(5) Periodically reviewing the chosen courses of action to identify
possible emerging risks and hazards.
Safe for flight means an aircraft or part has been inspected and
certified to meet required standards--FAA regulations for civil
aircraft in 14 CFR chapter I or military/agency standards for others--
ensuring it is airworthy and safe to operate.
Safety Management System (SMS) means a top-down approach to
managing safety risk through structured procedures, policies, and
practices, covering safety policy, risk management, assurance, and
promotion.
Senior Aviation Management Official (SAMO) is an agency's lead
representative to the Interagency Committee for Aviation Policy (ICAP);
responsible for promoting flight safety and compliance with standards.
Serviceable aircraft part means a part that is safe for flight, can
fulfill its operational requirements, and is sufficiently documented to
indicate that the part conforms to applicable standards/specifications.
Suspected unapproved part means an aircraft part, component, or
material that is suspected of not meeting the requirements of an
``approved part.'' Approved parts are produced in compliance with 14
CFR part 21, are maintained in compliance with 14 CFR parts 43 and 91,
and meet applicable design standards. A part, component, or material
may be suspect because of its questionable finish, size, or color;
improper (or lack of) identification; incomplete or altered paperwork;
or any other questionable indication. For further information, see FAA
Advisory Circular 21-29.
Traceable part is an aircraft part identifiable by documentation,
markings, or packaging, showing it was made or deemed airworthy under
14 CFR parts 21 and 43.
Training means instruction to qualify and maintain flight program
personnel. The instruction can apply to either public or civil
missions.
Unmanned Aircraft Systems (UAS) means remotely or autonomously
flown aircraft and required components. FAA certifies the full system;
report only if it meets an agency's capitalization threshold and the
UAS lifecycle is two years or more.
Unsalvageable aircraft part means parts unsafe for flight due to
condition, defects, missing records, or non-compliance.
U.S. Government Aircraft Cost Accounting Guide (CAG) means GSA-
issued guide for tracking aircraft costs, based on OMB and FAIRS
standards.

Sec. 102-33.20 Agency responsibilities.

(a) Acquire, manage, and dispose of Federal aircraft and acquire
and manage CAS as safely, efficiently, and effectively as possible;
(b) Document and report:
(1) Types and numbers of your Federal aircraft;
(2) Costs of acquiring and operating Government aircraft;
(3) Amount of time of use of Government aircraft; and
(4) Accidents and incidents involving Government aircraft;
(c) Ensure that Government aircraft are used only to accomplish the
agency's official Government business;
(d) Ensure all passengers on your agency's aircraft are authorized;
and
(e) Appoint a SAMO by sending a letter to the Deputy Associate
Administrator at the Office of Asset and Transportation Management,
GSA, to represent the agency in the ICAP. This applies to all executive
agencies using aircraft, including DoD, FAA, and the National
Transportation Safety Board (NTSB), but not to those that only
occasionally rent aircraft for specific flights.

Sec. 102-33.25 SAMO duties.

SAMOs must:
(a) Represent the agency's views to the ICAP and vote on behalf of
the agency;
(b) Contribute technical and operational policy expertise to ICAP;
(c) Serve as the designated approving official for FAIRS when the
agency elects to have one person serve as both SAMO and the designated
official for FAIRS (DoD will not have a designated official for FAIRS);
and
(d) Appoint representatives of the agency as members of ICAP
subcommittees and working groups.
(e) The SAMO should have:
(1) Experience as a pilot or crew member; or
(2) Management experience within an aviation operations management/
flight program.
(f) Designate an official (by letter to the Deputy Associate
Administrator, Office of Asset and Transportation Management, Office of
Government-wide Policy, GSA) to certify the accuracy and completeness
of information reported through FAIRS (Armed Forces and the U.S. Coast
Guard, are not required to report information to FAIRS);
(g) Appoint representatives of the agency as members of ICAP
subcommittees and working groups;
(h) Ensure that your agency's internal policies and procedures are
consistent with the requirements of OMB Circulars A-126, A-76, and A-
11, Federal Aviation Administration Advisory Circular 120-92, and this
part; and
(i) Ensure that safety and other critical aviation program
requirements are satisfied. Executive agencies that only hire aircraft
occasionally for specific flights, must either:
(1) Establish an aviation program that complies with the
requirements of OMB Circular A-126; or
(2) Hire those aircraft through an agency with a policy-compliant
aviation program.

Sec. 102-33.30 GSA's responsibilities for Federal aviation
management.

GSA's responsibilities include having:
(a) A single office to carry out Governmentwide responsibilities
for Government aircraft management, and publishing that policy;
(b) An interagency committee, whose members represent the executive
agencies that use Government aircraft to conduct their official
business and advise and consult with GSA on developing policy for
managing Government aircraft;
(c) A management information system to collect, analyze, and report
information on the inventory, cost, usage, and safety of Government
aircraft; and
(d) A set of performance indicators, policy recommendations, and
guidance for the procurement, operation, and safety and disposal of
Government aircraft.

Subpart B--Acquiring Government Aircraft and Aircraft Parts

Sec. 102-33.35 Process for acquiring aircraft and aircraft parts.

(a) If the requirements are met for operating an in-house aviation
program contained in OMB Circular A-76, and OMB Circular A-11, Part 2,
Section 25.5, and Section 51.18, subparagraph (d), you may:
(1) Acquire Federal aircraft when--
(i) Aircraft are the optimum means of supporting your agency's
official business;
(ii) You do not have aircraft that can support your agency's
official business safely and cost-effectively;

[[Page 58428]]

(iii) No commercial or other governmental source is available to
provide aviation services safely and cost-effectively; and
(iv) Congress has specifically authorized your agency to purchase,
lease, or transfer aircraft and to maintain and operate those aircraft;
(2) Acquire CAS when--
(i) Aircraft are the optimum means of supporting your agency's
official business; and
(ii) Using commercial aircraft and services is safe and is more
cost effective than using Federal aircraft, aircraft from any other
governmental source, or scheduled air carriers.
(b) When acquiring aircraft, aircraft selection must be based on
need, a strong business case, and life-cycle cost analysis, which
conform to OMB Circular A-11, Part 2, Section 25.5.

Sec. 102-33.40 Acquiring Government aircraft.

To acquire Government aircraft, you must follow the requirements
in:
(a) 31 U.S.C. 1343;
(b) OMB Circular A-126 Revised;
(c) OMB Circular A-11, Part 2, Section 25.5;
(d) OMB Circular A-76; and
(e) OMB Circular A-94.

Sec. 102-33.45 Process for budgeting to acquire CAS.

Except for leases and capital leases, for which you must have
specific congressional authorization as required by 31 U.S.C. 1343, you
may budget to fund your CAS out of your agency's operating budget. Also
see Sec. 102-33.40.

Sec. 102-33.50 Responsibilities when contracting to purchase or
capital lease a Federal aircraft or to award a CAS contract.

When purchasing, leasing, or awarding a CAS contract for a Federal
aircraft, you must follow 48 CFR chapter 1, unless your agency is
exempt.

Sec. 102-33.55 Minimum requirements for CAS contracts.

At a minimum, your CAS contracts and agreements must require that
any provider of CAS comply with--
(a) Civil standards in 14 CFR that are applicable to the type of
operations you are asking the contractor to conduct;
(b) Applicable military standards; or
(c) Your agency's Flight Program Standards.

Sec. 102-33.60 Responsibilities when acquiring aircraft parts.

When acquiring aircraft parts, you must:
(a) Inspect and verify that all incoming parts are documented as
safe for flight prior to installation;
(b) Obtain all logbooks (if applicable) and maintenance records.
For guidance on maintaining records for non-military parts, see FAA
Advisory Circular 43-9C.

Sec. 102-33.65 Military FSCAP requirements.

When acquiring FSCAP you must:
(a) Accept FSCAP only if traceable to the original manufacturer and
marked with the DoD Criticality Code; and
(b) Not install untraceable FSCAP unless inspected and recertified
by the OEM or an FAA-approved facility.

Sec. 102-33.70 Life-limited parts requirements.

When acquiring life-limited parts, you must:
(a) Identify and inspect the parts, ensuring that they have civil
or military-certified documentation; and
(b) Mutilate and dispose of any expired life-limited parts.

Subpart C--Government Aircraft and Aircraft Parts

Sec. 102-33.75 Federal aircraft management responsibilities.

You must:
(a) Establish agency-specific Flight Program Standards;
(b) Account for the cost of acquiring, operating, and supporting
your aircraft;
(c) Account for the use of your aircraft;
(d) Maintain and account for aircraft parts;
(e) Report inventory, cost, and utilization data; and
(f) Properly dispose of aircraft and parts.

Sec. 102-33.80 Management responsibilities when hiring CAS.

When hiring CAS, you must:
(a) Establish agency-specific Flight Program Standards as
applicable and require compliance with these standards in your
contracts and agreements;
(b) Account for the cost of your aircraft and services hired as
CAS;
(c) Account for the use of your aircraft hired as CAS; and
(d) Report the cost and usage data for your CAS hires.

Sec. 102-33.85 Management accountability and controls for aviation
programs.

You must follow OMB Circular A-123 to establish management controls
that ensure your aviation program meets its goals and aligns with your
agency's mission.

Sec. 102-33.90 Flight Program Standards.

Flight Program Standards are the minimum requirements to ensure
safe, effective, and efficient aircraft operation. They must:
(a) Be specific to your agency's aviation operations, including
your CAS;
(b) Meet the requirements identified in Sec. Sec. 102-33.105
through 102-33.135;
(c) Meet applicable civil or military rules (in particular 49
U.S.C. 40102(a)(37) and 40125), and applicable FAA regulations in 14
CFR); and
(d) Incorporate risk management techniques when civil or military
rules do not apply.

Sec. 102-33.95 Establishing Flight Program Standards.

You must establish Flight Program Standards to address areas not
covered by 14 CFR, such as non-certificated aircraft or high-risk
operations.

Sec. 102-33.100 Exemptions from establishing Flight Program
Standards.

(a) The Armed Forces (including the U.S. Coast Guard);
(b) Agencies in the Intelligence Community;
(c) Entities outside the executive branch when using aircraft
loaned to them by an executive agency (that is, owned by an executive
agency, but operated by and on behalf of the loanee) unless the
loanee--
(1) Uses the aircraft to conduct official Government business; or
(2) Is required to follow Sec. Sec. 102-33.105 through 102-33.135
under an Agreement governing the loan.

Sec. 102-33.105 Establishing Flight Program Standards.

You must write, publish, implement, and comply with standards
(specific to your agency), which establish or require policies and
procedures for:
(a) Management/administration of your flight program (in this part,
``flight program'' includes CAS contracts);
(b) Operation of your flight program;
(c) Maintenance of your Government aircraft;
(d) Training for your flight program personnel;
(e) Safety of your flight program;
(f) Accident reporting and investigation as appropriate; and
(g) Reporting to FAIRS as required by this part.

Sec. 102-33.110 Flight Program Operation Standards.

For management/administration of your flight program, you must
establish or require--
(a) A management structure overseeing operations, safety, training,
maintenance, and finances (including contract requirements); and
(b) Guidance on roles, responsibilities, and authority of flight
program personnel.

[[Page 58429]]

Sec. 102-33.115 Flight program operations.

You must establish or require:
(a) Qualifications and currency requirements for pilots,
crewmembers, maintenance, administrative, and mission personnel;
(b) Duty and flight time limitations for pilots and crewmembers;
(c) Procedures to track flight time, duty time, training, and
medical requirements;
(d) Compliance with safety notices and operational bulletins;
(e) Flight-following procedures for lost or downed aircraft;
(f) Disclosure statement for crewmembers and qualified non-
crewmembers flying aboard Government aircraft;
(g) Manifest with full names, contact info, and flight details for
each flight leg;
(h) Documentation and retention of manifest changes for two years;
(i) Procedures to reconcile manifests and test periodically;
(j) Weight, balance, and cargo-loading manifest with retention for
30 days;
(k) Emergency procedures and equipment for specific missions;
(l) ALSE inspection and serviceability procedures; and
(m) Pre-flight risk assessment, including weather, crew rest,
flight type, and crew makeup.

Sec. 102-33.120 Maintenance of Government aircraft.

You must establish or require:
(a) Procedures to record and track duty time and training of
maintenance personnel;
(b) Aircraft maintenance and inspection programs that comply with
whichever is most applicable among--
(1) Programs for ex-military aircraft;
(2) Manufacturers' programs;
(3) FAA-approved programs;
(4) FAA-accepted programs; or
(5) Your agency's self-prescribed programs;
(c) Compliance with owning-agency or military safety of flight
notices, FAA airworthiness directives, advisory circulars and orders,
or mandatory manufacturers' bulletins applicable to the types of
aircraft, engines, propellers, and appliances you operate;
(d) Procedures for operating aircraft with inoperable instruments
and equipment;
(e) Technical support, including appropriate engineering
documentation and testing, for aircraft, powerplant, propeller, or
appliance repairs, modifications, or equipment installations;
(f) A quality control system to ensure replacement parts are
suitable, documented, safe for flight, and properly inspected or
tested; and
(g) Procedures for recording and tracking maintenance actions;
inspections; and the flight hours, cycles, and calendar times of life-
limited parts and FSCAP.

Sec. 102-33.125 Training requirements.

You must establish or require training standards, including initial
and recurring instruction for flight personnel on roles,
responsibilities, and operational skills.

Sec. 102-33.130 Aviation safety management.

You must establish or require the following aviation safety
management standards:
(a) A Safety Management System (SMS) that complies with the FAA's
current Advisory Circular (AC) that addresses SMSs or an equivalent
internationally recognized SMS standard. The SMS should include:
(1) Policies that assign SMS roles, with senior management
ultimately responsible and qualified safety managers or officers
appointed to oversee the aviation safety program, who should be:
(i) Experienced as pilots, crewmembers, or in aviation or
maintenance program management; and
(ii) Graduated or certificated from an approved aviation safety
officer course before or within one year of appointment; and
(2) An accident prevention program that includes:
(i) Measurable procedures;
(ii) A system to share safety information;
(iii) Safety training;
(iv) An aviation safety awards program, including Federal Aviation
Awards; and
(v) A safety council or committee (for agencies owning aircraft);
(b) Risk management procedures that identify and reduce hazards
using formal controls and advise senior managers on optimal risk
mitigation;
(c) Policies requiring independent inspectors to verify compliance
with these standards;
(d) Procedures allowing reprisal-free reporting of unsafe
operations to aviation safety officers and managers;
(e) A system to collect and report information on aircraft
accidents and incidents (as required by 49 CFR part 830 and Sec. 102-
33.270);
(f) Policies that identify clear standards for acceptable behavior;
and
(g) A security program that includes:
(1) A designated security manager;
(2) A threat assessment process;
(3) Procedures for preventing and deterring unlawful acts;
(4) Procedures for responding to threats and unlawful acts;
(5) Security training for personnel; and
(6) Policies and procedures for a mail security plan that meet the
requirements in 41 CFR part 102-192, including protections against
mail-borne hazards for staff and facilities, especially when using
aircraft for mail delivery.

Sec. 102-33.135 Responding to aircraft accidents and incidents.

(a) You must establish or require the following standards for
responding to aircraft accidents and incidents:
(1) A policy ensuring compliance with NTSB reporting rules (49 CFR
parts 830 and 831), including immediate NTSB notification of accidents/
incidents and a method for notifying GSA as required in Sec. 102-
33.270;
(2) An accident/incident response plan based on the NTSB's
``Federal Plan,'' with periodic exercises, and procedures (per FAA AC
120-92) to identify potential accidents or incidents;
(3) Procedures for participating in NTSB investigations of agency-
owned or hired aircraft, and for conducting parallel investigations
when appropriate;
(4) Accident/incident investigation training for personnel involved
in NTSB or parallel investigations; and
(5) Procedures for disseminating, in the event of an aviation
disaster that involves one of your Government aircraft, information
about eligibility for benefits to anyone injured, to the injured or
deceased persons' points of contact (listed on the manifest), and to
the families of injured or deceased crewmembers and qualified non-
crewmembers.
(b) This section does not supersede 49 CFR parts 830 and 831.

Sec. 102-33.140 Accountable aircraft operations and ownership costs.

You must account for the operations and ownership costs of your
Government aircraft, including UAS, as outlined in the U.S. Government
Aircraft CAG at <a href="http://gsa.gov/aviationpolicy">gsa.gov/aviationpolicy</a>, in accordance with OMB Circular
A-126. At a minimum, you must:
(a) Justify acquisitions to support the agency's aviation program;
(b) Justify the use of Government aircraft in lieu of commercially
available aircraft, and the use of one Government aircraft in lieu of
another;
(c) Develop a variable cost rate for each aircraft or aircraft type
in your inventory;
(d) Recover the costs of operating Government aircraft;

[[Page 58430]]

(e) Determine the cost effectiveness of various aspects of agency
aircraft programs; and
(f) Accumulate aircraft program costs following the procedures
defined in the CAG.

Sec. 102-33.145 Automated system for accounting aircraft costs.

(a) If you own Federal aircraft or operate bailed aircraft, you
must use an automated system to track aircraft costs by collecting
FAIRS-required data.
(b) Agencies using only CAS aircraft and no Federal aircraft must
keep records sufficient for FAIRS reporting, but are not required to
have an automated system. See Sec. Sec. 102-33.260 and 102-33.265 for
CAS reporting requirements.

Sec. 102-33.150 Federal aircraft ownership justification.

After you have held a Federal aircraft for five years, you must:
(a) Justify owning and operating the aircraft by reviewing your
operations and establishing that you have a continuing need for the
aircraft, using the procedures required in OMB Circular A-76 and OMB
Circular A-11, Part 7, Appendix B; and
(b) Review the continuing need for each of your aircraft and the
cost-effectiveness of your aircraft operations as directed by OMB
Circulars A-11 and A-76, every five years.

Sec. 102-33.155 Recovering operating cost.

(a) Under 31 U.S.C. 1535 and other statutes, you may need to
recover aircraft operating costs for supporting other agencies. The
method for setting rates will depend on the statutory authorities under
which you acquired and operate your aircraft:
(1) The variable cost recovery rate; or
(2) The full cost recovery rate.
(b) See the U.S. Government Aircraft CAG for definitions.

Sec. 102-33.160 Accounting for the use of Government aircraft.

When accounting for the use of Government aircraft, including UAS,
you must document all flights and keep this documentation for two years
after the date of the flight. For each flight, record the:
(a) Aircraft's registration mark;
(b) Owner and operator;
(c) Purpose of the flight;
(d) Departure and destination points;
(e) Flight dates and times;
(f) Manifest; and
(g) Names of the pilots and crewmembers.

Sec. 102-33.165 Carrying passengers on Government aircraft.

(a) You may carry passengers only on aircraft that you operate or
require contractually to be operated in accordance with the rules and
requirements in 14 CFR; and
(b) For certain kinds of travel, your agency must justify
passengers' presence on Government aircraft.

Note 1 to Sec. 102-33.165: See OMB Circular A-126 and the
Federal Travel Regulation (FTR) in 41 CFR subtitle F for complete
information on authorizing travel and analyzing costs before
authorizing travel on Government aircraft.

Sec. 102-33.170 Aircraft parts management.

You must manage aircraft parts by ensuring proper storage,
protection, maintenance, and recordkeeping throughout their life cycle.

Sec. 102-33.175 The use of military FSCAP on non-military FAA-type
certificated Government aircraft.

You may use dual-use military FSCAP on non-military aircraft
operated under restricted or standard airworthiness certificates if the
parts are inspected and approved for such installation by the FAA. See
detailed guidance in FAA Advisory Circular 20-142, Change (1).

Sec. 102-33.180 Life-limited parts and FSCAP.

For life-limited parts and FSCAP, you must hold and update the
documentation that accompanies these parts for as long as you use or
store them. When you dispose of life-limited parts or FSCAP, the up-to-
date documentation must accompany the parts.

Subpart D--Disposing or Replacing of Government Aircraft and
Aircraft Parts

Sec. 102-33.185 Disposing or replacing aircraft and aircraft parts.

Before disposing of aircraft or parts, determine if they are excess
to your agency's mission.

Sec. 102-33.190 Reporting excess of both operational and non-
operational aircraft.

You may report as excess, or replace both operational and non-
operational aircraft, by following the rules governing excess personal
property and exchange/sale (see 41 CFR parts 102-36 and 102-39,
respectively).

Sec. 102-33.195 Declassifying aircraft.

(a) A declassified aircraft is no longer an aircraft but a set of
parts for ground use only.
(b) Retain documentation and traceability for all replacement
parts, recorded under the correct Federal Supply Classification groups.
(c) For disposal of the property remaining after declassification
of an aircraft, you must follow the property disposal regulations in 41
CFR parts 102-36, 102-37, 102-38 and 102-39.

Sec. 102-33.200 Documenting FSCAP or life-limited parts installed on
aircraft.

You must comply with the documentation procedures described in
Sec. 102-33.175 if your aircraft and/or engines contain FSCAP or life-
limited parts that you will report as excess or replace.

Sec. 102-33.205 Reporting requirements for excess, replacement, or
declassified aircraft in FAIRS.

(a) When you report as excess or replace an aircraft you must
report the change in inventory to FAIRS.
(b) Within 14 calendar days of the date you dispose of the
aircraft, you must report--
(1) The disposal method;
(2) The disposal date; and
(3) The identity and type of recipient.

Sec. 102-33.210 Excess aircraft.

If aircraft are excess, you must:
(a) Reassign them within your agency if a sub-agency can use them;
or
(b) Report them as excess property to GSA if no sub-agencies can
use them.

Sec. 102-33.215 Replacing aircraft through exchange/sale.

Refer to the procedures in 41 CFR part 102-39 for replacing
aircraft via exchange/sale. Exchange/sell an aircraft to another
executive agency or negotiate a fixed-price sale to a SASP.

Note 1 to Sec. 102-33.215: Some agencies may have special
authorization to recover costs.

Sec. 102-33.220 Special disclaimers for non-certificated aircraft
operated as public aircraft.

When exchanging/selling non-certificated aircraft, the offering
must include the following statement:

Warning: This aircraft may not meet FAA requirements. You are
responsible for ensuring compliance with 14 CFR and obtaining any
required FAA inspections or modifications.
The purchaser agrees the Government is not liable for any harm
from the aircraft's use or disposal and will hold the Government
harmless from related claims. The aircraft may not meet 14 CFR
standards and may require inspection before flight.
<bullet> All civil and public aircraft must have a valid
registration issued by the FAA as required by 14 CFR Chapter I.
<bullet> Civil aircraft must have a valid airworthiness
certificate to operate in the U.S. airspace.
<bullet> The aircraft must conform to its FAA Type Certificate
to be eligible for a standard air worthiness certificate.

[[Page 58431]]

<bullet> Aircraft without a valid airworthiness certificate may
qualify for a special FAA one-time flight permit for relocation,
such as for storage, repair, inspection, or display. Approval is
based on the aircraft's safety for flight.
<bullet> Purchasers of surplus military or foreign aircraft
without an FAA Type Certificate may be unable to obtain an
airworthiness certificate or special flight permit.
<bullet> An aircraft with proper maintenance and inspection
records simplifies airworthiness determination. Contact your nearest
FAA Flight Standards District Office to discuss your
responsibilities. Find office locations on the FAA website (<a href="http://www.faa.gov/">http://www.faa.gov/</a>).
<bullet> When purchasing an aircraft for spare parts and
scrapping the airframe, you must declassify the aircraft, complete
the registration form, and send it to the FAA.

Subpart E--Reporting Information on Government Aircraft

Sec. 102-33.225 Government aircraft report requirement.

You must report information to GSA on Government aircraft if your
agency:
(a) Is an executive agency of the U.S. Government; and
(b) Owns, bails, borrows, loans, leases, rents, charters, or
contracts for (or obtains by ISSA) Government aircraft.

Sec. 102-33.230 Exemptions from reporting information to GSA on
Government aircraft.

The following federally funded activities are exempt from the
requirement to report information to GSA on Government aircraft:
(a) The Armed Forces (including the U.S. Coast Guard); and
(b) Agencies in the Intelligence Community.

Sec. 102-33.235 Required reporting on Government aircraft.

Report the following to GSA via FAIRS:
(a) Inventory data for Federal aircraft, including UAS;
(b) Cost and utilization data for Federal aircraft, including UAS;
(c) Cost and utilization data for CAS aircraft and aviation
services;
(d) Accident and incident data; and
(e) Results of competition studies per OMB Circular A-76 for
aircraft and related services acquisition.

Sec. 102-33.240 FAIRS.

FAIRS, is a secure website operated by GSA, collects and reports
data on Federal and CAS aircraft inventories, costs, and usage. The
U.S. Government Aircraft Cost Accounting Guide (CAG) (see <a href="https://www.gsa.gov/aviationpolicy">https://www.gsa.gov/aviationpolicy</a>) contains the business rules for using the
system.

Sec. 102-33.245 Timeline for FAIRS reports.

(a) Report any changes in your Federal aircraft inventory within 14
calendar days.
(b) Report cost and utilization data to FAIRS at the end of each
fiscal quarter. You may submit data more frequently. Additionally, a
quarter's data may be reported in the following quarter if necessary.

Sec. 102-33.250 Federal inventory.

Federal inventory data includes information on each of the
operational and non-operational Federal aircraft and UAS that you own,
bail, borrow, or loan.

Sec. 102-33.255 Declassify a Federal aircraft.

(a) To declassify a Federal aircraft, you must send a letter to the
Deputy Associate Administrator, GSA, requesting approval to declassify
the aircraft, stating it is non-operational. Include the following:
(1) Relevant Federal Supply Classification (FSC) groups, if
applicable; and
(2) Description of the aircraft's condition.
(b) When an aircraft is lost or destroyed, or is otherwise non-
operational and you want to retain it, you may declassify it and remove
it from your Federal aircraft inventory.

Sec. 102-33.260 Federal aircraft cost and utilization data.

(a) You must report costs and flight hours for each Federal
aircraft (including UAS), including both Federal and CAS expenses. For
data element details, see the U.S. Government Aircraft CAG at
<a href="http://www.gsa.gov/aviationpolicy">www.gsa.gov/aviationpolicy</a>.
(b) All executive agencies--excluding the Armed Forces and
Intelligence Community--must report Federal aircraft cost and
utilization data.
(c) Report data for loaned aircraft only if Federal funds were
used.

Sec. 102-33.265 CAS cost and utilization data.

(a) Executive agencies, excluding the Armed Forces and Intelligence
Community, must report CAS cost and utilization data if they make
payments for such services:
(1) Charter or rent aircraft;
(2) Lease or lease-purchase aircraft;
(3) Hire aircraft and related services through an ISSA or a full-
service contract; or
(4) Obtain related aviation services through an ISSA or by contract
except when you use the services in support of Federal aircraft.
(b) You must report:
(1) Costs and flight hours for each hired CAS aircraft; and
(2) Costs and contract periods for related aviation services,
whether by contract or ISSA.
(c) Do not report CAS used to support Federal (owned) aircraft. The
owning agency must report all related costs and usage in FAIRS. See the
CAG at <a href="http://www.gsa.gov/aviationpolicy">www.gsa.gov/aviationpolicy</a>.

Sec. 102-33.270 Aircraft accident and incident.

Report all NTSB-reportable aviation accidents and incidents to GSA
within 14 days at <a href="https://www.gsa.gov/aviationpolicy">https://www.gsa.gov/aviationpolicy</a>.

Sec. 102-33.275 Development of performance indicators.

Your agency must develop performance indicators to measure the
achievement of key aviation program objectives:
(a) Measure the aviation program's contribution to the agency's
mission;
(b) Justify aviation program budget requests; and
(c) Demonstrate the program's effectiveness and efficiency.

0
4. Revise part 102-34 to read as follows:

PART 102-34--MOTOR VEHICLE MANAGEMENT

Subpart A--General Provisions
Sec.
102-34.5 Scope of this part.
102-34.10--102-34.15 [Reserved]
102-34.20 Motor vehicles not covered by this part.
102-34.25--102-34.30 [Reserved]
102-34.35 Definitions.
Subpart B--Obtaining Fuel Efficient Motor Vehicles
102-34.40 Government motor vehicle fuel efficiency requirements.
102-34.45--102-34.50 [Reserved]
102-34.55 Fleet average fuel economy standards.
102-34.60--102-34.80 [Reserved]
Subpart C--Identifying and Registering Motor Vehicles
102-34.85 [Reserved]
102-34.90 Government motor vehicle identification.
102-34.95 Government motor vehicle license plates.
102-34.110--102-34.115 [Reserved]
102-34.120 Government motor vehicle registration.
102-34.125--102-34.150 [Reserved]
102-34.155 Government motor vehicle identification exemptions.
102-34.160--102-34.195 [Reserved]
Subpart D--Government Motor Vehicle Use
102-34.200 Government motor vehicle official use.
102-34.205 Government motor vehicle use for transportation between
an employee's residence and place of employment (home-to-work
transportation).

[[Page 58432]]

102-34.210 Government motor vehicle use for transportation between
places of employment and mass transit facilities.
102-34.215 [Reserved]
102-34.220 Government motor vehicle misuse.
102-34.225--102-34.250 [Reserved]
Subparts E--I [Reserved]
Subpart J--Government Motor Vehicle Data Collection and Reporting
102-34.330 Federal Fleet Report.
102-34.335 [Reserved]
102-34.340 Fleet management information systems.
102-34.345 Government motor vehicle records.
Subpart K--[Reserved]

Authority: 31 U.S.C. 1344; 40 U.S.C. 121(c); 40 U.S.C. 609, 40
U.S.C. 611; 40 U.S.C. 17503; 49 U.S.C. 32917; E.O. 12375, 47 FR
34105, 3 CFR, 1982 Comp., p. 202.

Subpart A--General Provisions

Sec. 102-34.5 Scope of this part.

(a) This part governs the economical and efficient management and
control of motor vehicles that the Government owns, leases commercially
or leases through the General Services Administration Fleet (GSA
Fleet[supreg]). Executive agencies must comply with the provisions of
this entire part.
(b) This part also governs the use of Government passenger carriers
to transport employees between their homes and places of employment
(Home-to-Work Transportation). The Home-to-Work Transportation section
(Sec. 102-32.405 of this chapter) applies to Federal agency employees
in the executive, judicial, and legislative branches of the Government,
with the exception of employees of the Senate, House of
Representatives, Architect of the Capitol, and government of the
District of Columbia.
(c) Implementing guidance and related policies are contained in
separate customer service guides that may be found at <a href="https://www.gsa.gov/vehiclepolicy">https://www.gsa.gov/vehiclepolicy</a>. For more information, contact GSA at
<a href="/cdn-cgi/l/email-protection#cdbba8a5a4aea1a8e3bda2a1a4aeb48daabeace3aaa2bb">[email&#160;protected]</a>.

Sec. Sec. 102-34.10--102-34.15 [Reserved]

Sec. 102-34.20 Motor vehicles not covered by this part.

Motor vehicles not covered by this part are:
(a) Military design motor vehicles;
(b) Motor vehicles used for military field training, combat, or
tactical purposes;
(c) Motor vehicles used principally within the confines of a
regularly established military post, camp, or depot; and
(d) Motor vehicles regularly used by an agency to perform
investigative, law enforcement, or intelligence duties, if the head of
the agency determines that exclusive control of the vehicle is
essential for effective performance of duties, although such vehicles
are subject to subpart D of this part with the exception of Sec. 102-
34.205 and subpart J of this part.

Sec. Sec. 102-34.25-102-34.30 [Reserved]

Sec. 102-34.35 Definitions.

The following definitions apply to this part:
Agency head means the highest official of a Federal agency.
Clear and present danger means highly unusual circumstances that
present a threat to the physical safety of the employee or their
property when the danger is real, immediate or imminent, not merely
potential, and the use of a Government passenger carrier would provide
protection not otherwise available.
Commercial design motor vehicle means a motor vehicle procurable
from regular production lines and designed for use by the general
public.
Commercial lease or lease commercially means obtaining a motor
vehicle by contract or other arrangement from a commercial source for
120 continuous days or more.
Compelling operational considerations means those circumstances
where home-to-work transportation is essential to the conduct of
official business or would substantially increase a Federal agency's
efficiency and economy.
Domestic fleet means all reportable motor vehicles operated in any
State, Commonwealth, territory or possession of the United States, and
the District of Columbia.
Emergency means circumstances that exist whenever there is an
immediate, unforeseeable, temporary need to provide home-to-work
transportation for those employees necessary to the uninterrupted
performance of the agency's mission. (An emergency may occur where
there is a major disruption of available means of transportation to or
from a work site, an essential Government service must be provided, and
there is no other way to transport those employees.)
Employee means a Federal officer or employee of a Federal agency,
including an officer or enlisted member of the Armed Forces.
Executive agency means an executive department, a Government
corporation, and an independent establishment.
Federal agency means:
(1) A department (as defined in section 18 of the Act of August
2,1946 (41 U.S.C. 5a));
(2) An executive department (as defined in 5 U.S.C. 101);
(3) A military department (as defined in 5 U.S.C. 102);
(4) A Government corporation (as defined in 5 U.S.C. 103(1));
(5) A Government controlled corporation (as defined in 5 U.S.C.
103(2));
(6) A mixed-ownership Government corporation (as defined in 31
U.S.C. 9101(2));
(7) Any establishment in the executive branch of the Government
(including the Executive Office of the President);
(8) Any independent regulatory agency (including an independent
regulatory agency specified in 44 U.S.C. 3502(10));
(9) The Smithsonian Institution;
(10) Any nonappropriated fund instrumentality of the United States;
and
(11) The United States Postal Service.
Field work means official work requiring the employee's presence at
various locations other than their regular place of work. (Multiple
stops (itinerant-type travel) within the accepted local commuting area,
limited use beyond the local commuting area, or transportation to
remote locations that are only accessible by Government-provided
transportation are examples of field work.)
Foreign fleet means all reportable motor vehicles operated in areas
outside any State, Commonwealth, territory or possession of the United
States, and the District of Columbia.
Government motor vehicle means any motor vehicle that the
Government owns or leases. This includes motor vehicles obtained
through purchase, excess, forfeiture, commercial lease, or GSA
Fleet[supreg] lease.
Government-owned motor vehicle means any motor vehicle that the
Government has obtained through purchase, excess, forfeiture, or
otherwise and for which the Government holds title.
GSA Fleet lease means obtaining a motor vehicle from the GSA
Fleet[supreg].
Law enforcement motor vehicle means a light duty motor vehicle that
is specifically approved in an agency's appropriation act for use in
apprehension, surveillance, police or other law enforcement work or
specifically designed for use in law enforcement. If not identified in
an agency's appropriation language, a motor vehicle qualifies as a law
enforcement motor vehicle only in the following cases:
(1) A passenger automobile having heavy duty components for
electrical,

[[Page 58433]]

cooling and suspension systems and at least the next higher cubic inch
displacement or more powerful engine than is standard for the
automobile concerned;
(2) A light truck having emergency warning lights and identified
with markings such as ``police;''
(3) An unmarked motor vehicle certified by the agency head as
essential for the safe and efficient performance of intelligence,
counterintelligence, protective, or other law enforcement duties; or
(4) A forfeited motor vehicle seized by a Federal agency that is
subsequently used for the purpose of performing law enforcement
activities.
Light duty motor vehicle means any motor vehicle with a gross motor
vehicle weight rating (GVWR) of 8,500 pounds or less.
Military design motor vehicle means a motor vehicle (excluding
commercial design motor vehicles) designed according to military
specifications to directly support combat or tactical operations or
training for such operations.
Motor vehicle means any vehicle, self propelled or drawn by
mechanical power, designed and operated principally for highway
transportation of property or passengers, but does not include a
military design motor vehicle or vehicles not covered by this part.
Motor vehicle identification means the legends ``For Official Use
Only'' and ``U.S. Government'' placed on a motor vehicle plus other
legends readily identifying the department, agency, establishment,
corporation, or service by which the motor vehicle is used.
Motor vehicle purchase means buying a motor vehicle from a
commercial source, usually a motor vehicle manufacturer or a motor
vehicle manufacturer's dealership.
Motor vehicle rental means obtaining a motor vehicle by contract or
other arrangement from a commercial source for less than 120 continuous
days.
Motor vehicles transferred from excess means obtaining a motor
vehicle reported as excess and transferred with or without cost.
Owning agency means the executive agency that holds the vehicle
title, manufacturer's Certificate of Origin, or is the lessee of a
commercial lease. This term does not apply to agencies that lease motor
vehicles from the GSA Fleet[supreg].
Passenger automobile means a sedan or station wagon designed
primarily to transport people.
Passenger carrier means a motor vehicle, aircraft, boat, ship, or
other similar means of transportation that is owned (including those
that have come into the possession of the Government by forfeiture or
donation), leased, or rented (non-temporary duty (TDY)) by the United
States Government.
Reportable motor vehicles are any Government motor vehicles used by
an executive agency or activity, including those used by contractors.
Also included are motor vehicles designed or acquired for a specific or
unique purpose, including motor vehicles that serve as a platform or
conveyance for special equipment, such as a trailer. Excluded are
material handling equipment and construction equipment not designed and
used primarily for highway operation (e.g., if it must be trailered or
towed to be transported).
Using agency means an executive agency that obtains motor vehicles
from the GSA Fleet[supreg], commercial firms or another executive
agency and does not hold the vehicle title or manufacturer's
Certificate of Origin. However, this does not include an executive
agency that obtains a motor vehicle by motor vehicle rental.

Subpart B--Obtaining Fuel Efficient Motor Vehicles

Sec. 102-34.40 Government motor vehicle fuel efficiency
requirements.

(a) Executive agencies operating domestic fleets must comply with
the following motor vehicle fuel efficiency requirements, specifically
applicable to passenger automobiles:
(1) Obtain the minimum size of motor vehicle necessary to fulfill
the agency's mission;
(2) Obtain motor vehicles that achieve maximum fuel efficiency;
(3) Limit motor vehicle body size, engine size and optional
equipment to what is essential to meet the agency's mission;
(4) With the exception of motor vehicles used by the President and
Vice President and motor vehicles for security and highly essential
needs, obtain midsize or smaller sedans; and
(5) Obtain large sedans only when such motor vehicles are essential
to the agency's mission.
(b) Agencies must establish and document a structured vehicle
allocation methodology to determine the appropriate size and number of
motor vehicles.
(c) This subpart does not apply to motor vehicles exempted by law
or other regulations, such as law enforcement or emergency rescue work
and foreign fleets. Other Federal agencies are encouraged to comply so
that maximum energy conservation benefits may be realized in obtaining,
operating, and managing Government motor vehicles.

Sec. Sec. 102-34.45-102-34.50 [Reserved]

Sec. 102-34.55 Fleet average fuel economy standards.

(a) Section 32917 of title 49, U.S. Code, and E.O. 12375 require
that each executive agency meet the fleet average fuel economy
standards in place as of January 1 of each fiscal year. The standards
for passenger automobiles are prescribed in 49 U.S.C. 32902(b). The
Department of Transportation publishes the standards for light trucks
and amendments to the standards for passenger automobiles at <a href="https://www.dot.gov">https://www.dot.gov</a>.
(b) Guidance on fleet average fuel economy standards including
calculation methods, exemption request procedures, records management
protocols, and compliance requirements is available in a customer
service guide that may be found at <a href="https://www.gsa.gov/vehiclepolicy">https://www.gsa.gov/vehiclepolicy</a>.
For more information, contact GSA at <a href="/cdn-cgi/l/email-protection#d3a5b6bbbab0bfb6fda3bcbfbab0aa93b4a0b2fdb4bca5">[email&#160;protected]</a>.
(c) This section does not apply to military design motor vehicles,
law enforcement motor vehicles, or motor vehicles intended for
emergency rescue.

Sec. Sec. 102-34.60-102-34.80 [Reserved]

Subpart C--Identifying and Registering Motor Vehicles

Sec. 102-34.85 [Reserved]

Sec. 102-34.90 Government motor vehicle identification.

All Government motor vehicles must display the following
identification unless exempted under this subpart:
(a) ``For Official Use Only'';
(b) ``U.S. Government''; and
(c) Identification that readily identifies the agency owning the
vehicle.

Sec. 102-34.95 Government motor vehicle license plates.

U.S. Government license plates must be used on Government motor
vehicles unless exempted under this subpart. U.S. Government license
plates may not be used on motor vehicles not owned or leased by the
Government. U.S. Government license plates for domestic fleets may be
obtained from the U.S. Department of Justice, UNICOR (Federal Prison
Industries). GSA has established a Memorandum of Understanding (MOU) on
behalf of all Federal agencies with UNICOR for the procurement of
official U.S. Government license plates. Each agency must execute an
addendum to this MOU providing plate design and specific ordering and
payment

[[Page 58434]]

information before ordering license plates. U.S. Government license
plate design will have numbers preceded by a letter code that
designates the owning agency for the motor vehicle. For assistance with
any issues involving license plates including to obtain a new license
plate code designation, contact GSA at <a href="/cdn-cgi/l/email-protection#c5b3a0adaca6a9a0ebb5aaa9aca6bc85a2b6a4eba2aab3">[email&#160;protected]</a>.

Sec. Sec. 102-34.110-102-34.115 [Reserved]

Sec. 102-34.120 Government motor vehicle registration.

Government motor vehicles displaying U.S. Government license plates
and motor vehicle identification must be registered in the Federal
Government Motor Vehicle Registration System. GSA Fleet[supreg] may
register motor vehicles leased from GSA Fleet[supreg]. Motor vehicles
that have been exempted from the requirement to display official U.S.
Government license plates under this subpart must be registered and
inspected in accordance with the laws of the jurisdiction where the
motor vehicle is regularly operated.

Sec. Sec. 102-34.125-102-34.150 [Reserved]

Sec. 102-34.155 Government motor vehicle identification exemptions.

(a) The head of the agency or designee may authorize a limited
exemption to the display of U.S. Government license plates and motor
vehicle identification upon written certification stating that
identifying the motor vehicle would endanger the security of the
vehicle occupants or otherwise compromise the agency mission. A limited
exemption may last from one day up to three years before
recertification is required. Motor vehicles used primarily for
investigative, law enforcement, intelligence, or security duties have
an unlimited exemption from displaying U.S. Government license plates
and motor vehicle identification when identifying these motor vehicles
would interfere with those duties. Motor vehicles assigned for the use
of the President and the heads of executive departments specified in 5
U.S.C. 101 have special exemptions from the requirement to display
motor vehicle identification.
(b) For motor vehicles that are exempt from motor vehicle
identification requirements, display the regular license plates of the
State, Commonwealth, territory or possession of the United States, or
the District of Columbia, where the motor vehicle is principally
operated.

Sec. Sec. 102-34.160-102-34.195 [Reserved]

Subpart D--Government Motor Vehicle Use

Sec. 102-34.200 Government motor vehicle official use.

Official use of a Government motor vehicle is using a Government
motor vehicle to perform your agency's mission(s), as authorized by
your agency.

Sec. 102-34.205 Government motor vehicle use for transportation
between an employee's residence and place of employment (home-to-work
transportation).

Employees engaged in field work, or faced with a clear and present
danger, an emergency, or a compelling operational consideration may
utilize home-to-work transportation only when authorized by the agency
head after making the necessary determination under 31 U.S.C. 1344.
(a) This section covers the use of Government passenger carriers to
transport employees between their homes and places of work. This
section covers Federal agency employees in the executive, judicial, and
legislative branches of the Government, with the exception of employees
of the Senate, House of Representatives, Architect of the Capitol, and
government of the District of Columbia.
(b) This section does not apply to home-to-work transportation use
in conjunction with official travel--including TDY or relocation,
performance of intelligence, counterintelligence, protective services,
or criminal law enforcement duties when designated in writing as such
by an agency head, or transportation between places of employment and
mass transit facilities.
(c) The agency head may not delegate the authority to make home-to-
work determinations.
(d) Home-to-work determinations should be completed before an
employee is provided home-to-work transportation unless it is
impracticable to do so.
(e) The comfort and/or convenience of an employee is not considered
sufficient justification to authorize a home-to-work transportation
determination.
(f) The use of home-to-work transportation for field work should be
authorized only to the extent that such transportation will
substantially increase the efficiency and economy of the Government and
agencies should consider the location of the employee's home in
proximity to their work and to the locations where non-TDY travel is
required.
(g) Determinations must be in writing and include the name and
title of the employee, the reason for authorizing home-to-work
transportation, and anticipated duration of the authorization. An
agency head may elect to designate positions rather than individual
names, especially in positions where rapid turnover occurs. If
positions are identified rather than named individuals, the
determination for field work should include sufficient information to
satisfy an audit, if necessary. This information should include the job
title, number, and operational level where the work is to be performed.
(h) Initial determinations are effective for no longer than two
years for field work, updated as necessary; and fifteen days for other
circumstances.
(i) The agency head may approve unlimited subsequent
determinations, when the need for home-to-work transportation exceeds
the initial period, for no longer than two years each for field work,
updated as necessary; and ninety calendar days each for other
circumstances.
(j) Situations may arise where, for cost or other reasons, it is in
the Government's interest to base a Government passenger carrier at a
Government facility located near the employee's home or work rather
than authorize home-to-work transportation.
(k) Report your determinations to Congress no later than 60
calendar days after approval and quarterly for any subsequent
determinations to the following congressional committees:
(1) Chairman, Committee on Governmental Affairs, United States
Senate, Suite SD-340, Dirksen Senate Office Building, Washington, DC
20510-6250; and
(2) Chairman, Committee on Governmental Reform, United States House
of Representatives, Suite 2157, Rayburn House Office Building,
Washington, DC 20515-6143.

Sec. 102-34.210 Government motor vehicle use for transportation
between places of employment and mass transit facilities.

Government motor vehicles may be used for transportation between
places of employment and mass transit facilities in accordance with 31
U.S.C. 1344(g) under the following conditions:
(a) The head of your agency must make a determination in writing,
valid for one year, that such use is appropriate and consistent with
sound budget policy, and the determination must be kept on file;
(b) There is no safe and reliable commercial or duplicative Federal
mass

[[Page 58435]]

transportation service that serves the same route on a regular basis;
(c) This transportation is made available, space provided, to other
Federal employees;
(d) Alternative fuel vehicles should be used to the maximum extent
practicable;
(e) This transportation should be provided in a manner that does
not result in any additional gross income for Federal income tax
purposes; and
(f) Motor vehicle ridership levels must be frequently monitored to
ensure cost/benefit of providing and maintaining this transportation.

Sec. 102-34.215 [Reserved]

Sec. 102-34.220 Government motor vehicle misuse.

Willful misuse of a Government motor vehicle will be reported to
the agency head to investigate and, if appropriate, take disciplinary
action under 31 U.S.C. 1349 or the violation will be reported to the
Attorney General for prosecution under 18 U.S.C. 641.

Sec. Sec. 102-34.225-102-34.250 [Reserved]

Subparts E--I [Reserved]

Subpart J--Government Motor Vehicle Data Collection and Reporting

Sec. 102-34.330 Federal Fleet Report.

The Federal Fleet Report (FFR) is an annual summary of Federal
fleet statistics based upon fleet composition at the end of each fiscal
year and vehicle use and cost during the fiscal year. The FFR is
compiled by GSA from information submitted by Federal agencies. The FFR
is designed to provide essential statistical data for worldwide Federal
motor vehicle fleet operations. Annually, agencies are required to
submit comprehensive motor vehicle data to GSA using a standardized
Federal reporting system as designated by GSA. Agencies must provide
detailed asset-level data for each vehicle owned, leased, managed, and
operated by the Federal Government. GSA publishes the FFR aggregate
metrics on inventory, acquisitions, operating costs, miles traveled and
fuel consumption.

Sec. 102-34.335 [Reserved]

Sec. 102-34.340 Fleet management information systems.

Each agency must have a fleet management information system at the
department or agency level that identifies and collects accurate
inventory, cost, and use data that covers the complete lifecycle of
each motor vehicle (acquisition, operation, maintenance, and disposal);
and provides the information necessary to satisfy both internal and
external reporting requirements, including cost per mile, fuel costs
for each motor vehicle, and data required for annual collection and
reporting of Federal fleet asset-level data.

Sec. 102-34.345 Government motor vehicle records.

Each agency is responsible for developing and keeping adequate
accounting and reporting procedures for Government motor vehicles.
These will ensure accurate recording of inventory, cost, and
operational data needed to manage and control motor vehicles, and will
satisfy reporting requirements.

Subpart K--[Reserved]

0
5. Revise part 102-35 to read as follows:

PART 102-35--DISPOSITION OF PERSONAL PROPERTY

Sec.
102-35.5 Scope.
102-35.10 Excess personal property disposal process.
102-35.15 Deviations.
102-35.20 Definitions.

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

Sec. 102-35.5 Scope.

The General Services Administration's (GSA) personal property
disposal regulations are contained in this part and parts 102-36
through 102-42 of this subchapter. With two exceptions, this part
covers the disposal of personal property under the custody and control
of executive agencies located in the United States (U.S.), the U.S.
Virgin Islands, American Samoa, Guam, Puerto Rico, the Northern Mariana
Islands, the Federated States of Micronesia, the Marshall Islands, and
Palau. The exceptions to this coverage are part 102-39 of this
subchapter, which applies to the replacement of all property owned by
executive agencies worldwide using the exchange/sale authority, and
Sec. Sec. 102-36.210 through 102-36.225 of this subchapter, which
apply to the disposal of foreign excess personal property. All
executive agencies must comply with the provisions of this part and
parts 102-36 through 102-42 unless authorized by specific, separate
statutory authority to do otherwise. The legislative and judicial
branches are encouraged to follow this part and parts 102-36 through
102-42 for property in their custody and control.

Sec. 102-35.10 Excess personal property disposal process.

(a) Personal property not needed by your activity must first be
offered for use elsewhere within your agency via internal screening. If
the property is not needed by any activity within your agency, your
agency must report the property as excess to GSA for possible transfer
to eligible recipients.
(b) If no Federal agencies request the excess personal property,
GSA declares the property to be surplus and makes it available for
donation to eligible non-Federal recipients.
(c) Surplus personal property not selected for donation is offered
for sale to the public by competitive offerings. Sales must be
conducted in accordance with part 102-38 of this subchapter.
(d) If a written determination is made that the property has no
commercial value or the estimated cost of its continued care and
handling would exceed the estimated proceeds from its sale, you may
dispose of the property by abandonment or destruction, or donate it to
public bodies. This determination may occur at any stage of the
disposal process.

Sec. 102-35.15 Deviations.

All provisions in parts 102-36 through 102-42 of this subchapter
are subject to deviation with adequate justification except for those
mandated by statute, as described in Sec. Sec. 102-39.20(a)(2) and
102-39.30 of this subchapter. See Sec. Sec. 102-2.60 through 102-2.110
of this chapter to request a deviation.

Sec. 102-35.20 Definitions.

The following definitions apply to GSA's personal property
regulations in parts 102-35 through 102-42 of this subchapter.
Accountability means the ability to account for personal property
by providing a complete audit trail for property transactions from
receipt to final disposition.
Acquire means to procure or otherwise obtain personal property,
including by lease.
Acquisition cost means the original purchase price of an item.
Allocation means the process by which GSA identifies the recipient
to receive excess property per Sec. 102-36.140 of this subchapter, or
surplus property per Sec. 102-37.40 of this subchapter.
Ammunition as defined in 18 U.S.C. 921(a)(17), means ammunition or
cartridge cases, primers, bullets, or propellant powder designed for
use in any firearm.
Ammunition components mean the individual parts of ammunition,

[[Page 58436]]

including cartridge cases, primers, bullets/projectiles, and propellant
powder.
Auction means a competitive sale where the bid amounts of different
bidders are disclosed as they are submitted, providing bidders with the
option to increase their bids if they choose. Bids are submitted as
specified by the selling agency. The bidder with the highest bid at the
close of each bidding process is normally awarded the property.
Bid means a response to an offer to sell that, if accepted, would
bind the bidder to the terms and conditions of the contract (including
the bid price).
Bidder means any entity that is responding to or has responded to
an offer to sell.
Biologicals means hazardous materials associated with the products
and operations of applied biology and/or biochemistry, especially
serums, vaccines, etc., produced from microorganisms.
Cannibalization means to remove serviceable parts from one item of
equipment to install them on another item of equipment.
Combat material means arms, ammunition, and implements of war
listed in the U.S. munitions list (22 CFR part 121).
Commerce Control List Items (CCLIs) are dual use (commercial/
military) items that are subject to export control by the Bureau of
Industry and Security, Department of Commerce. These items have been
identified in the U.S. Export Administration Regulations (15 CFR part
774) as export controlled for reasons of national security, crime
control, technology transfer, and scarcity of materials.
Control means the ongoing function of maintaining physical
oversight and surveillance of personal property throughout its complete
life cycle using various property management tools and techniques
considering the environment in which the property is located and its
vulnerability to theft, waste, fraud, or abuse.
Controlled substances mean:
(1) Any narcotic, depressant, stimulant, or hallucinogenic drug, or
any other drug or substance included in Schedules I, II, III, IV, or V
of section 202 of the Controlled Substances Act (21 U.S.C. 812), except
exempt chemical preparations and mixtures and excluded substances
contained in 21 CFR part 1308; or
(2) Any other drug or substance that the Attorney General
determines to be subject to control under Subchapter I of the
Controlled Substances Act (21 U.S.C. 801, et seq.); or
(3) Any other drug or substance that by international treaty,
convention, or protocol is to be controlled by the U.S.
Cooperative means the organization or entity that has a cooperative
agreement with a Federal agency.
Cooperative agreement means a legal instrument reflecting a
relationship between a Federal agency and a non-Federal recipient, made
in accordance with the Federal Grant and Cooperative Agreement Act of
1977 (31 U.S.C. 6301-6308), under any or all the following
circumstances:
(1) The purpose of the relationship is the transfer, between a
Federal agency and a non-Federal entity, of money, property, services,
or anything of value to accomplish a public purpose authorized by law,
rather than by purchase, lease, or barter, for the direct benefit or
use of the Federal Government.
(2) Substantial involvement is anticipated between the Federal
agency and the cooperative during the performance of the agreed upon
activity.
(3) The cooperative is a State or local government entity, or any
person or organization authorized to receive Federal assistance or
procurement contracts.
Demilitarization means, as defined by the Department of Defense,
the act of destroying the military capabilities inherent in certain
types of equipment or material. Such destruction may include
mutilation, cutting, crushing, scrapping, melting, burning, or
alteration to prevent further use of the item for its originally
intended purpose.
Donee means any of the following entities that receive Federal
surplus personal property through a State Agency for Surplus Property
(SASP):
(1) A service educational activity (SEA).
(2) A public agency which uses surplus personal property to carry
out or promote one or more public purposes. (Public airports are an
exception and are only considered donees when they elect to receive
surplus property through a SASP, but not when they elect to receive
surplus property through the Federal Aviation Administration (FAA) as
discussed in part 102-37 of this subchapter.)
(3) An eligible nonprofit tax-exempt educational or public health
institution (including a provider of assistance to homeless or
impoverished families or individuals).
(4) A State or local government agency, or a nonprofit organization
or institution, that receives funds appropriated for a program for
older individuals.
Estimated fair market value means the selling agency's best
estimate of what the property would be sold for if offered for public
sale.
Excess personal property means any personal property under the
control of any Federal agency that is no longer required for that
agency's needs, as determined by the agency head or designee.
Exchange means to replace personal property by trade or trade-in
with the supplier of the replacement property.
Exchange/sale means to exchange or sell non-excess, non-surplus
personal property and apply the exchange allowance or proceeds of sale
in whole or in part payment for the acquisition of similar property.
Executive agency means any executive department or independent
establishment in the executive branch of the Government, including any
wholly owned government corporation.
Extremely hazardous personal property means property hazardous to
the extent that it generally requires special handling such as
licensing and training of handlers, protective clothing, and special
containers and storage. Because of its extreme flammability, toxicity,
corrosivity or other perilous qualities, it could constitute an
immediate danger or threat to life and property, and which usually have
specialized uses under controlled conditions. It is also material which
has been determined by the holding agency to endanger public health and
safety or the environment if released to the public.
Fair market value means the best estimate of the gross sales
proceeds if the property were to be sold in a public sale.
Federal agency means any executive agency or any establishment in
the legislative or judicial branch of the government (except the
Senate, the House of Representatives, and the Architect of the Capitol
and any activities under the Architect's direction).
Firearm means any weapon, silencer, or destructive device designed
to, or readily convertible to, expel a projectile by the action of an
explosive, as defined in 26 U.S.C. 5845 and/or 18 U.S.C. 921(a)(3).
Excludes antique firearms as defined in 26 U.S.C. 5845(g).
Flight Safety Critical Aircraft Part (FSCAP) (see Sec. 102-33.20
of this subchapter).
Foreign excess personal property is any U.S. owned excess personal
property located outside the U.S., the U.S. Virgin Islands, American
Samoa, Guam, Puerto Rico, the Federated States of Micronesia, the
Marshall Islands,

[[Page 58437]]

Palau, and the Northern Mariana Islands.
Forfeited property means personal property that the Government has
acquired ownership of through a summary process or court order pursuant
to any law of the U.S.
Grant means a type of assistance award and a legal instrument which
permits a Federal agency to transfer money, property, services or other
things of value to a grantee when no substantial involvement is
anticipated between the agency and the recipient during the performance
of the contemplated activity.
Hazardous personal property means property that is deemed a
hazardous material, chemical substance or mixture, or hazardous waste
under the Hazardous Materials Transportation Act (HMTA) (49 U.S.C.
5101), the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
6901-6981), or the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601-
2609).
Holding agency refers to the agency having accountability for, and
generally possession of, the property involved.
Intangible personal property means personal property in which the
existence and value of the property is generally represented by a
descriptive document rather than the property itself. Examples include
patents, patent rights, processes, techniques, inventions, copyrights,
negotiable instruments, money orders, bonds, and shares of stock.
Inventory includes a formal listing of all accountable property
items assigned to an agency, along with a formal process to verify the
condition, location, and quantity of such items. This term may also be
used as a verb to indicate the actions leading to the development of a
listing. In this sense, an inventory must be conducted using a physical
count, electronic means, and/or statistical methods.
Life-limited part (see Sec. 102-33.20 of this subchapter).
Line item means a single line entry, on a reporting form or
transfer order, for items of property of the same type having the same
description, condition code, and unit cost.
Munitions List Item (MLI) means property and related technical data
designated as defense articles and defense services pursuant to the
Arms Export Control Act (22 U.S.C. 2778 and 2794(7)).
National property management officer means an official, designated
in accordance with Sec. 102-36.10(b) of this subchapter, who is
responsible for ensuring effective acquisition, use, and disposal of
excess property within your agency.
Negotiated sale means a sale where the selling price is arrived at
between the seller and the buyer, subject to obtaining such competition
as is feasible under the circumstances.
Nonappropriated fund activity means an activity or entity that is
not funded by money appropriated from the general fund of the U.S.
Treasury, such as post exchanges, ship stores, military officers'
clubs, veterans' canteens, and similar activities. Such property is not
Federal property.
Offer to sell means a notice listing the terms and conditions for
bidding on an upcoming sale of personal property. Prospective
purchasers are advised of the requirements for a responsive bid and the
contractual obligations once a bid is accepted.
Period of restriction means the period of time for keeping donated
property in use for the purpose for which it was donated.
Perishable means an item subject to rapid deterioration, spoilage
or death, when removed from special storage conditions or care, such as
fresh food, animals, and plants.
Personal property means any property, except real property. The
term excludes records of the Federal Government, and naval vessels of
the following categories: battleships, cruisers, aircraft carriers,
destroyers, and submarines.
Project grantee means a recipient of a grant made for a specific
purpose and with a specific termination date.
Property management means the system of acquiring, maintaining,
using, and disposing of the personal property of an organization or
entity.
Public agency means any state, political subdivision thereof,
including any unit of local government or economic development
district; any department, agency, or instrumentality thereof, including
instrumentalities created by compact or other agreement between States
or political subdivisions; multijurisdictional substate districts
established by or pursuant to State law; or any Indian Tribe, band,
group, pueblo, or community located on a State reservation.
Public body means any department, agency, special purpose district,
or other instrumentality of a State or local government; any Indian
Tribe; or any agency of the Federal Government.
Reagent means any hazardous material used to detect or measure
another substance or to convert one substance into another by means of
the reactions it causes.
Replacement means the process of acquiring personal property to be
used in place of personal property that is still needed but:
(1) No longer adequately performs the tasks for which it is used;
or
(2) Does not meet the agency's need as well as the personal
property to be acquired.
Salvage means property that has value greater than its basic
material content but for which repair or rehabilitation is clearly
impractical and/or uneconomical.
Scrap means property that has no value except for its basic
material content.
Screening means the process of physically inspecting property or
reviewing lists or reports of property to determine whether property is
usable or needed for donation purposes.
Screening period means the period in which excess and surplus
personal property are made available for excess transfer or surplus
donation to eligible recipients.
Sealed bid sale means a competitive sale where bid prices are kept
confidential until the bid opening. Bids are submitted as specified by
the selling agency. All bids are held for public disclosure at a
designated time and place.
Seized property means personal property that has been confiscated
by a Federal agency, and whose care and handling will be the
responsibility of the agency until final ownership is determined by the
judicial process.
Service educational activity (SEA) means any educational activity
designated by the Secretary of Defense as being of special interest to
the armed forces, e.g., maritime academies or military, naval, Air
Force, or U.S. Coast Guard preparatory schools.
Shelf-life item is any item that deteriorates over time or has
unstable characteristics such that a storage period must be assigned to
assure the item is issued within that period to provide satisfactory
performance.
Similar means the acquired item(s) and replaced item(s):
(1) Are identical; or
(2) Fall within a single Federal Supply Classification (FSC) Group
of property (includes all forms of property within a single FSC Group);
or
(3) Are parts or containers for similar end items; or
(4) Are designed or constructed for the same general purpose
(including all forms of property regardless of the FSC Group to which
they are assigned).
Spot bid sale means a competitive sale where immediately following
the offering of the property, bids are

[[Page 58438]]

examined, and awards are made or bids rejected on the spot. Bids are
submitted as specified by the selling agency and must not be disclosed
prior to announcement of award.
State means one of the 50 States, the District of Columbia, the
U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto
Rico, and the Commonwealth of the Northern Mariana Islands.
State Agency for Surplus Property (SASP) means the agency
designated under State law to receive Federal surplus personal property
for distribution to eligible donees within the State as provided for in
40 U.S.C. 549.
State or local government means a State, territory, possession,
political subdivision thereof, or tax-supported agency therein.
Surplus personal property (surplus) means excess personal property
not required for the needs of any Federal agency, as determined by GSA.
Surplus release date means the date on which Federal utilization
screening of excess personal property has been completed, and the
property is available for donation as surplus.
Transfer with reimbursement means a transfer of excess personal
property between Federal agencies where the recipient is required to
pay, i.e., reimburse the holding agency, for the property.
Transferee means a public airport receiving surplus property from a
holding agency through the FAA, or SASP.
Unclaimed property means personal property unknowingly abandoned
and found on premises owned or leased by the Government, i.e., lost and
found property.
United States (U.S.) means all the 50 States and the District of
Columbia.
Utilization means the identification, reporting, and transfer of
excess personal property among Federal agencies.
Vessels means ships, boats and craft designed for navigation in and
on the water, propelled by oars or paddles, sail, or power.
Voluntarily abandoned property means personal property abandoned to
any Federal agency in a way that immediately vests title to the
property in the Government. There must be written or circumstantial
evidence that the property was intentionally and voluntarily abandoned.
This evidence should be clear that the property was simply not lost by
the owner.

0
6. Revise part 102-36 to read as follows:

PART 102-36--DISPOSITION OF EXCESS PERSONAL PROPERTY

Subpart A--General Provisions
Sec.
102-36.5 Scope.
102-36.10 Agency responsibilities.
102-36.15 Contractors.
102-36.20 GSA responsibilities.
Subpart B--Acquiring Excess Personal Property for Our Agency
102-36.25 Eligibility.
102-36.30 Maximize use of excess personal property.
102-36.35 Considerations.
102-36.40 Excess personal property transfer costs.
102-36.45 Transfer with reimbursement.
102-36.50 Excess personal property screening period.
102-36.55 Agency responsibilities in transfer order processing.
102-36.60 Excess personal property removal.
102-36.65 Direct transfers.
Subpart C--Acquiring Excess Personal Property for Non-Federal
Recipients
102-36.70 Acquiring excess personal property for non-Federal
activities.
102-36.75 Responsibilities when acquiring excess personal property
for use by a non-Federal recipient.
102-36.80 Nonappropriated fund activity and title retention.
102-36.85 Transfers of personal property owned by a nonappropriated
fund activity.
102-36.90 Contractor restrictions.
102-36.95 Cooperative limitations.
102-36.100 Grantee requirements.
102-36.105 Fee when furnishing excess personal property to project
grantees.
102-36.110 Type of excess personal property furnished to project
grantees.
102-36.115 Excess personal property for cannibalization purposes by
grantees.
102-36.120 Limit on excess personal property furnished to grantees.
Subpart D--Disposition of Excess Personal Property
102-36.125 Reporting requirements and exceptions.
102-36.130 Accountability.
102-36.135 Physical custody.
102-36.140 Competing requests.
102-36.145 Disposal of excess personal property without GSA
approval.
102-36.150 Disposal process withdrawal.
102-36.155 Reimbursement conditions.
102-36.160 Reimbursement amount.
102-36.165 Abandonment/destruction.
102-36.170 Abandonment/destruction authority restrictions.
Subpart E--Personal Property Whose Disposal Requires Special Handling
102-36.175 Excess aircraft disposal.
102-36.180 Excess Flight Safety Critical Aircraft Parts (FSCAP)
disposal.
102-36.185 FSCAP identification.
102-36.190 FSCAP Criticality Codes.
102-36.195 Disposing of life-limited aircraft parts without an FSCAP
designation.
102-36.200 Special requirements for disaster relief.
102-36.205 Excess firearms disposal.
102-36.210 Agency responsibilities in foreign excess personal
property disposal.
102-36.215 Foreign excess personal property disposal options.
102-36.220 GSA assistance in foreign excess personal property
disposal.
102-36.225 Foreign excess personal property transportation costs.
102-36.230 Gift disposal.
102-36.235 Money or intangible personal property disposal.
102-36.240 Gift disposal other than intangible personal property.
102-36.245 Excess Munitions List Items (MLIs)/Commerce Control List
Items (CCLIs).
102-36.250 Identifying DEMIL requirements.
102-36.255 Excess shelf-life items.
102-36.260 Excess medical shelf-life items held for national
emergency purposes.
102-36.265 Transferring or exchanging excess medical shelf-life
items with other Federal agencies.
102-36.270 Excess vessels.
102-36.275 Excess hazardous personal property.

Authority: 40 U.S.C. 121(c); 40 U.S.C. 521.

Subpart A--General Provisions

Sec. 102-36.5 Scope.

This part covers excess personal property disposal located in the
United States (U.S.), the U.S. Virgin Islands, American Samoa, Guam,
Puerto Rico, the Federated States of Micronesia, the Marshall Islands,
Palau, and the Northern Mariana Islands by executive agencies. Use of
pronouns ``we,'' ``you,'' and their variants throughout this part refer
to the agency.

Sec. 102-36.10 Agency responsibilities.

(a) Agency procurement policies must require consideration of
excess personal property before authorizing procurement of new personal
property.
(b) You are encouraged to designate national and regional property
management officials to:
(1) Promote the use of available excess personal property to the
maximum extent practicable by your agency.
(2) Review and approve the acquisition and disposal of excess
personal property.
(3) Ensure that any agency implementing procedures comply with this
part.
(c) When acquiring excess personal property, you must:
(1) Limit the quantity acquired to that which is needed to
adequately perform the function necessary to support the mission of
your agency.
(2) Establish controls over the processing of excess personal
property tra

[…truncated; see source link]

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Indexed from Federal Register on December 16, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.