Federal Management Regulation (FMR)

GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-2

RIN 3090-AG83

Federal Management Regulation (FMR)

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Interim rule.

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SUMMARY: This year marks the 50th anniversary of the Federal Property

and Administrative Services Act of 1949 (the Act), as amended. In

support of the Act's original intent of efficiently managing Government

assets, GSA is improving its regulatory system by establishing the

Federal Management Regulation (FMR) as the successor regulation to the

Federal Property Management Regulations (FPMR). The FMR will provide

Federal managers with the regulatory materials they need to efficiently

manage real and personal property and administrative services. Non-

regulatory FMR bulletins will provide related FMR materials.

DATES: Effective Date: July 21, 1999.

Comment Date: Your comments must reach us by September 20, 1999 to

be considered in the formulation of a final rule.

ADDRESSES: Send written comments to: Ms. Sharon A. Kiser, Regulatory

Secretariat (MVRS), Federal Acquisition Policy Division, General

Services Administration, 1800 F Street, NW, Washington, DC 20405.

Send comments by e-mail to: RIN.3090-AG[email protected].

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FOR FURTHER INFORMATION CONTACT: Ms. Sharon A. Kiser, Regulatory

Secretariat, 202-208-7312.

SUPPLEMENTARY INFORMATION:

A. Background

What Content Changes Will Be Part of the Transition From the FPMR to

the FMR?

GSA will update, streamline, eliminate and clarify FPMR contents

before transferring them to the FMR. The FMR will then contain a

refined set of policies and regulatory requirements on managing

property and administrative services.

Non-regulatory materials, such as guidance, procedures, information

and standards now in the FPMR, will be removed from the regulation and

will be available in separate documents, such as customer service

guides, handbooks, brochures, Internet websites, and FMR bulletins. The

FMR will specify how to find this additional information; e.g.,

ordering and billing information. Content changes will bring the FMR

into conformance with recommendations from the National Partnership for

Reinventing Government to reduce regulations and to use plain language.

Is the FMR's Style Different From That in the FPMR?

Yes, the FMR is written in a ``plain language'' regulatory style.

This style is directed at the reader and uses a question and answer

format, active voice, shorter sentences, and, where appropriate,

pronouns such as, but not limited to, we, you and I. These changes

comply with the National Partnership for Reinventing Government's

recommendations to make regulations more efficient and easier to

understand.

Does the Deviation Policy in the FMR Differ From That in the FPMR?

Yes, there are changes in the deviation policy. The new approach

consists of both informal discussions about deviating from the FMR and

formal correspondence requesting deviation authority. Because the FMR

consists primarily of set policies and mandatory requirements, FMR

deviations should occur infrequently and under unique circumstances.

Agencies should pursue deviations first by informally consulting with

appropriate GSA officials about whether a deviation is needed and

whether it would be in accordance with governing statutes, Executive

orders, or other controlling policies. If informal consultations

indicate that a formal deviation is needed and can be allowed, agencies

must request it from GSA in writing. The written request must fully

explain the reasons for the deviation and how it will be in the

Government's best interests.

Will the Conversion From the FPMR to the FMR Occur All at Once or

Incrementally?

The conversion from the FPMR to the FMR will occur incrementally as

the regulations are rewritten.

Must Agencies Reference Both the FPMR and the FMR During This

Conversion?

Yes. Given an incremental conversion of content from the FPMR to

the FMR, both regulations will exist concurrently. Depending on the

subject matter, you may need to read both documents to obtain all

related material. However, except for parts 101-1 of the FPMR and 102-2

of the FMR, the same content will not appear in both regulations. These

two parts will exist concurrently. The general provisions of part 101-1

of the FPMR (including the FPMR deviation procedures) will apply to any

aspects of the FPMR not yet replaced by the FMR. The general provisions

at 102-2 (including the rewritten deviation procedures) will apply to

new material in the FMR.

B. Executive Order 12866

GSA has determined that this interim rule is not a significant

regulatory action for the purposes of Executive Order 12866 of

September 30, 1993.

C. Regulatory Flexibility Act

Since its primary purpose is to establish the structure for a new

regulation, the FMR, the interim rule is not expected to have a

significant economic impact on a substantial number of small entities

within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.

Additionally, since this interim rule applies to matters concerning

agency management and personnel, no proposed rule is required.

D. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the interim rule

does not impose recordkeeping or information collection requirements,

or the collection of information from offerors, contractors, or members

of the public which require the approval of the Office of Management

and Budget (OMB) under 44 U.S.C. 501-517.

E. Small Business Regulatory Enforcement Fairness Act

This interim rule is exempt from Congressional review prescribed

under 5 U.S.C. 801 since it relates solely to agency management and

personnel.

F. Determination to Issue an Interim Rule

Publication for public comment is not required under the

Administrative Procedures Act because the rule relates solely to agency

management and personnel, and, therefore, GSA could issue it as a final

rule. However, GSA would like to receive comments about this action

before publishing it as a final rule. An interim rule provides two

benefits. First, it gives agencies a chance to comment on aspects of

the new regulation. Second, by making the FMR's contents effective

immediately, it establishes the structure for use by GSA in publishing

additional parts of the regulation that have already been approved.

List of Subjects in 41 CFR Part 102

Government property management.

Dated: June 24, 1999.

David J. Barram,

Administrator of General Services.

For the reasons set forth in the preamble and under the authority

of 40 U.S.C. 486(c), Title 41 of the Code of Federal Regulations is

amended by establishing chapter 102 to read as follows:

CHAPTER 102--FEDERAL MANAGEMENT REGULATION

SUBCHAPTER A--GENERAL

Part

102-1 General [Reserved]

102-2 Federal management regulation system

102-3 Advisory committee management [Reserved]

102-4 Nondiscrimination in Federal financial assistance programs

[Reserved]

102-5-102-30 [Reserved]

SUBCHAPTER B--PERSONAL PROPERTY

102-31 General [Reserved]

102-32 Management of personal property [Reserved]

102-33 Management of aircraft [Reserved]

102-34 Motor vehicle management [Reserved]

102-35 Disposition of personal property [Reserved]

102-36 Transfer of excess personal property [Reserved]

102-37-102-70 [Reserved]

SUBCHAPTER C--REAL PROPERTY

102-71 General [Reserved]

102-72 Delegation of authority [Reserved]

102-73 Real estate acquisition [Reserved]

102-74 Facility management [Reserved]

102-75 Disposition of real property [Reserved]

102-76 Design and construction [Reserved]

102-77 Art-in-architecture [Reserved]

102-78 Historic preservation [Reserved]

102-79 Assignment and utilization of space [Reserved]

102-80 Safety and environmental management [Reserved]

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102-81 Security [Reserved]

102-82 Utility services [Reserved]

102-83 Centralized services in Federal buildings and complexes

[Reserved]

102-84 Annual real property inventories [Reserved]

102-85--102-115 [Reserved]

SUBCHAPTER D--TRANSPORTATION

102-116 General [Reserved]

102-117 Transportation management [Reserved]

102-118--102-140 [Reserved]

SUBCHAPTER E--TRAVEL MANAGEMENT

102-141 General [Reserved]

102-142--102-170 [Reserved]

SUBCHAPTER F--TELECOMMUNICATIONS

102-171 General [Reserved]

102-172 Telecommunications management policy [Reserved]

102-173--102-190 [Reserved]

SUBCHAPTER G--ADMINISTRATIVE PROGRAMS

102-191 General [Reserved]

102-192 Mail management [Reserved]

102-193 Records management [Reserved]

102-194 Standard and optional forms program [Reserved]

102-195 Interagency reports management program [Reserved]

102-196 Federal facility ridesharing [Reserved]

102-197--102-220 [Reserved]

SUBCHAPTER H--SUBCHAPTER Z [RESERVED]

SUBCHAPTER A--GENERAL

PART 102-2--FEDERAL MANAGEMENT REGULATION SYSTEM

Subpart A--Regulation System

Sec.

General

102-2.5 What is the Federal Management Regulation (FMR)?

102-2.10 What is the FMR's purpose?

102-2.15 What is the authority for the FMR system?

102-2.20 Which agencies are subject to the FMR?

102-2.25 When are other agencies involved in developing the FMR?

102-2.30 Where and in what formats is the FMR published?

102-2.35 How is the FMR distributed?

102-2.40 May an agency issue implementing and supplementing

regulations for the FMR?

Numbering

102-2.45 How is the FMR numbered?

102-2.50 How do I number my agency's implementing regulations?

102-2.55 How do I number my agency's supplementing regulations?

Deviations

102-2.60 What is a deviation from the FMR?

102-2.65 When may agencies deviate from the FMR?

102-2.70 What are individual and class deviations?

102-2.75 What timeframes apply to deviations?

102-2.80 What steps must an agency take to deviate from the FMR?

102-2.85 What are the reasons for writing to GSA about FMR

deviations?

102-2.90 Where should my agency send its correspondence on an FMR

deviation?

102-2.95 What information must agencies include in their deviation

letters to GSA?

102-2.100 Must agencies provide GSA with a follow-up analysis of

their experience in deviating from the FMR?

102-2.105 What information must agencies include in their follow-up

analysis?

102-2.110 When must agencies provide their follow-up analysis?

Non-Regulatory Material

102-2.115 What kinds of non-regulatory material does GSA publish

outside of the FMR?

102-2.120 How do I know whom to contact to discuss the regulatory

requirements of programs addressed in the FMR?

102-2.125 What source of information can my agency use to identify

materials that describe how to do business with GSA?

Subpart B--Forms

102-2.130 Where are FMR forms prescribed?

102-2.135 How do agencies obtain forms prescribed by the FMR?

Subpart C--Plain Language Regulatory Style

102-2.140 What elements of plain language appear in the FMR?

102-2.145 To what do pronouns refer when used in the FMR?

Authority: 40 U.S.C. 486(c).

Subpart A--Regulation System

General

Sec. 102-2.5 What is the Federal Management Regulation (FMR)?

The Federal Management Regulation (FMR) is the successor regulation

to the Federal Property Management Regulations (FPMR). It contains

updated regulatory policies originally found in the FPMR. However, it

does not contain FPMR material that described how to do business with

the General Services Administration (GSA). ``How to'' materials on this

and other subjects are available in customer service guides, handbooks,

brochures and Internet websites provided by GSA. (See Sec. 102-2.125.)

Sec. 102-2.10 What is the FMR's purpose?

The FMR prescribes policies concerning property management and

related administrative activities. GSA issues the FMR to carry out the

Administrator of General Services' functional responsibilities, as

established by statutes, Executive orders, Presidential memoranda,

Circulars and bulletins issued by the Office of Management and Budget

(OMB), and other policy directives.

Sec. 102-2.15 What is the authority for the FMR system?

The Administrator of General Services prescribes and issues the FMR

under the authority of the Federal Property and Administrative Services

Act of 1949, as amended, 40 U.S.C. 486(c), as well as other applicable

Federal laws and authorities.

Sec. 102-2.20 Which agencies are subject to the FMR?

The FMR applies to executive agencies unless otherwise extended to

Federal agencies in various parts of this chapter. The difference

between the two terms is that Federal agencies include executive

agencies plus establishments in the legislative or judicial branch of

the Government. See paragraphs (a) and (b) of this section for the

definitions of each term.

(a) What is an executive agency? An executive agency is any

executive department or independent establishment in the executive

branch of the Government, including any wholly-owned Government

corporation. (See 40 U.S.C. 472(a).)

(b) What is a Federal agency? A Federal agency is 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 that person's

direction). (See 40 U.S.C. 472(b).)

Sec. 102-2.25 When are other agencies involved in developing the FMR?

Normally, GSA will ask agencies to collaborate in developing parts

of the FMR.

Sec. 102-2.30 Where and in what formats is the FMR published?

Proposed rules are published in the Federal Register. FMR bulletins

are published in looseleaf format. FMR interim and final rules are

published in the following formats--

(a) Federal Register under the ``Rules and Regulations'' section.

(b) Loose-leaf. (See Sec. 102-2.35.)

(c) Code of Federal Regulations (CFR), which is an annual

codification of the general and permanent rules published in the

Federal Register. The CFR is available on line and in a bound-volume

format.

(d) Electronically on the Internet.

Sec. 102-2.35 How is the FMR distributed?

(a) A liaison appointed by each agency provides GSA with their

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agency's distribution requirements of the looseleaf version of the FMR.

Agencies must submit GSA Form 2053, Agency Consolidated Requirements

for GSA Regulations and Other External Issuances, to--General Services

Administration, Office of Communications (X), 1800 F Street, NW,

Washington, DC 20405.

(b) Order Federal Register and Code of Federal Regulations copies

of FMR material through your agency's authorizing officer.

Sec. 102-2.40 May an agency issue implementing and supplementing

regulations for the FMR?

Yes, an agency may issue implementing regulations (see Sec. 102-

2.50) to expand upon related FMR material and supplementing regulations

(see Sec. 102-2.55) to address subject material not covered in the FMR.

The Office of the Federal Register assigns chapters in Title 41 of the

Code of Federal Regulations for agency publication of implementing and

supplementing regulations.

Numbering

Sec. 102-2.45 How is the FMR numbered?

(a) All FMR sections are designated by three numbers. The following

example illustrates the chapter (it's always 102), part, and section

designations:

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[GRAPHIC] [TIFF OMITTED] TR21JY99.001

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(b) In the looseleaf version, the month, year, and number of FMR

amendments appear at the bottom of each page.

Sec. 102-2.50 How do I number my agency's implementing regulations?

The first three-digit number represents the chapter number assigned

to your agency in Title 41 of the CFR. The part and section numbers

correspond to FMR material. For example, if your agency is assigned

Chapter 130 in Title 41 of the CFR and you are implementing Sec. 102-

2.60 of the FMR, your implementing section would be numbered Sec. 130-

2.60.

Sec. 102-2.55 How do I number my agency's supplementing regulations?

Since there is no corresponding FMR material, number the

supplementing material ``601'' or higher. For example, your agency's

supplementing regulations governing special services to states might

start with Sec. 130-601.5.

Deviations

Sec. 102-2.60 What is a deviation from the FMR?

A deviation from the FMR is an agency action or policy that is

inconsistent with the regulation. (The deviation policy for the FPMR is

in 41 CFR part 101-1.)

Sec. 102-2.65 When may agencies deviate from the FMR?

Because, it consists primarily of set policies and mandatory

requirements, deviation from the FMR should occur infrequently.

However, to address unique circumstances or to test the effectiveness

of potential policy changes, agencies may be able to deviate from the

FMR after following the steps described in Sec. 102-2.80.

Sec. 102-2.70 What are individual and class deviations?

An individual deviation is intended to affect only one action. A

class deviation is intended to affect more than one action (e.g.,

multiple actions, the actions of more than one agency, or individual

agency actions that are expected to recur).

Sec. 102-2.75 What timeframes apply to deviations?

Timeframes vary based on the nature of the deviation. However,

deviations cannot be open-ended. When consulting with GSA about using

an individual or class deviation, you must set a timeframe for the

deviation's duration.

Sec. 102-2.80 What steps must an agency take to deviate from the FMR?

(a) Consult informally with appropriate GSA program personnel to

learn more about how your agency can work within the FMR's requirements

instead of deviating from them. The consultation process may also

highlight reasons why an agency would not be permitted to deviate from

the FMR; e.g., statutory constraints.

(b) Formally request a deviation, if consultations indicate that

your agency needs one. The head of your agency or a designated official

should write to GSA's Regulatory Secretariat to the attention of a GSA

official in the program office that is likely to consider the

deviation. (See the FMR bulletin that lists contacts in GSA's program

offices and Sec. 102-2.90.) The written request must fully explain the

reasons for the deviation, including the benefits that the agency

expects to achieve.

Sec. 102-2.85 What are the reasons for writing to GSA about FMR

deviations?

The reasons for writing are to:

(a) Explain your agency's rationale for the deviation. Before it

can adequately comment on a potential deviation from the FMR, GSA must

know why it is needed. GSA will compare your need against the

applicable policies and regulations.

(b) Obtain clarification from GSA as to whether statutes, Executive

orders, or other controlling policies, which may not be evident in the

regulation, preclude deviating from the FMR for the reasons stated.

(c) Establish a timeframe for using a deviation.

(d) Identify potential changes to the FMR.

(e) Identify the benefits and other results that the agency expects

to achieve.

Sec. 102-2.90 Where should my agency send its correspondence on an FMR

deviation?

Send correspondence to: General Services Administration, Regulatory

Secretariat (MVRS), Office of Governmentwide Policy, 1800 F Street, NW,

Washington, DC 20405.

Sec. 102-2.95 What information must agencies include in their

deviation letters to GSA?

Agencies must include:

(a) The title and citation of the FMR provision from which the

agency wishes to deviate;

(b) The name and telephone number of an agency contact who can

discuss the reason for the deviation;

(c) The reason for the deviation;

(d) A statement about the expected benefits of using the deviation

(to the extent possible, expected benefits should be stated in

measurable terms);

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(e) A statement about possible use of the deviation in other

agencies or Governmentwide; and

(f) The duration of the deviation.

Sec. 102-2.100 Must agencies provide GSA with a follow-up analysis of

their experience in deviating from the FMR?

Yes, agencies that deviate from the FMR must also write to the

relevant GSA program office at the Regulatory Secretariat's address

(see Sec. 102-2.90) to describe their experiences in using a deviation.

Sec. 102-2.105 What information must agencies include in their follow-

up analysis?

In your follow-up analysis, provide information that may include,

but should not be limited to, specific actions taken or not taken as a

result of the deviation, outcomes, impacts, anticipated versus actual

results, and the advantages and disadvantages of taking an alternative

course of action.

Sec. 102-2.110 When must agencies provide their follow-up letters?

(a) For an individual deviation, once the action is complete.

(b) For a class deviation, at the end of each twelve-month period

from the time you first took the deviation and at the end of the

deviation period.

Non-Regulatory Material

Sec. 102-2.115 What kinds of non-regulatory material does GSA publish

outside of the FMR?

As GSA converts the FPMR to the FMR, non-regulatory materials in

the FPMR, such as guidance, procedures, standards, and information,

that describe how to do business with GSA, will become available in

separate documents. These documents may include customer service

guides, handbooks, brochures, Internet websites, and FMR bulletins. GSA

will eliminate non-regulatory material that is no longer needed.

Sec. 102-2.120 How do I know whom to contact to discuss the regulatory

requirements of programs addressed in the FMR?

Periodically, GSA will issue for your reference an FMR bulletin

that lists program contacts with whom agencies can discuss regulatory

requirements. At a minimum, the list will contain organization names

and telephone numbers for each program addressed in the FMR.

Sec. 102-2.125 What source of information can my agency use to

identify materials that describe how to do business with GSA?

The FMR establishes policy; it does not specify procedures for the

acquisition of GSA services. However, as a service to users during the

transition from the FPMR to the FMR and as needed thereafter, GSA will

issue FMR bulletins to identify where to find information on how to do

business with GSA. References include customer service guides,

handbooks, brochures, Internet websites, etc.

Subpart B--Forms

Sec. 102-2.130 Where are FMR forms prescribed?

In any of its parts, the FMR may prescribe forms and the

requirements for using them.

Sec. 102-2.135 How do agencies obtain forms prescribed by the FMR?

For copies of the forms prescribed by in the FMR, do any of the

following:

(a) Write to us at: General Services Administration, National Forms

and Publications Center (7CPN), Warehouse 4, Dock No. 1, 501 West Felix

Street, Fort Worth, TX 76115.

(b) Send e-mail messages to: [email protected]

(c) Visit our web site at: www.gsa.gov/forms/forms.htm.

Subpart C--Plain Language Regulatory Style

Sec. 102-2.140 What elements of plain language appear in the FMR?

The FMR is written in a ``plain language'' regulatory style. This

style is easy to read and uses a question and answer format directed at

the reader, active voice, shorter sentences, and, where appropriate,

personal pronouns.

Sec. 102-2.145 To what do pronouns refer when used in the FMR?

Throughout its text, the FMR may contain pronouns such as, but not

limited to, we, you, and I. When pronouns are used, each subchapter of

the FMR will indicate whether they refer to the reader, an agency, GSA,

or some other entity. In general, pronouns refer to who or what must

perform a required action.

[FR Doc. 99-18556 Filed 7-20-99; 8:45 am]

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