DATE: March 29, 2005
SUBJECT: Federal Management Regulations (FMR); Disposition of Seized and Unclaimed Personal Property
SOURCE: Federal Register, March 29, 2005, Vol. 70, No. 59, page 15792
AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)
ACTION: Proposed Rule
ACTION: GSA is proposing to update, streamline, and clarify Federal Property Management Regulations (FPMR) Part 101-48, Utilization, Donation, or Disposal of Abandoned and Forfeited Personal Property, then moving it to the Federal Management Regulation (FMR) as Part 102-41, Disposition of Seized, Forfeited, Voluntarily Abandoned, and Unclaimed Personal Property Sale of Personal.
EDITOR'S NOTE: The FPMR is Chapter 101 of Title 41 of the Code of Federal Regulations (CFR). The FMR is Chapter 102 of Title 41 of the CFR. Both the FPMR and the FMR are available at http://www.gsa.gov/Portal/gsa/ep/programView.do?pageTypeId=8199&ooid=10625&programPage=%2Fep%2Fprogram%2FgsaDocument.jsp&programId=8922&channelId=-14864.
GSA is in the process of updating, reorganizing, streamlining, simplifying, and clarifying the contents of the FPMR, then transferring the contents to the Federal Management Regulations (FMR), which was established on July 21, 1999, as Chapter 102 of Title 41 of the CFR. When the transfer is complete, the FMR will 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) will be available in separate documents, such as customer service guides, handbooks, brochures, Internet websites, and FMR bulletins.
The FMR is written in the "plain language" regulatory style. This style is directed at the reader and uses a question and answer format, active voice, shorter sentences, and pronouns such as "we", "you", and "I".
The conversion from the FPMR to the FMR will take some time, so it will occur incrementally as the regulations are rewritten. Because of this, both the FPMR and the FMR will exist concurrently, and readers will need to refer to both documents to obtain all the related material -- the same content will not appear in both regulations.
DATES: Comments on the proposed rule must be submitted before April 28, 2005.
ADDRESSES: Respondents may submit comments directly on the Federal eRulemaking Portal at http://www.regulations.gov; on the web site at http://www.acqnet.gov/far/ProposedRules/proposed.htm; by e-mail to: email@example.com; by fax to 202-501-4067; or by mail to General Services Administration, Regulatory Secretariat (MVA), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405. Cite “FPMR case 2004-101-1" when making comments on this proposed rule.
FOR FURTHER INFORMATION CONTACT: Robert A. Holcombe, Director, Personal Property Management Policy Division (MTP), 202-501-3828, or by e-mail at firstname.lastname@example.org.
SUPPLEMENTAL INFORMATION: The following are the major changes that would be made by this proposed rule to the FPMR and the FMR:
|Subpart A -- General Provisions|
|102-41.5,||What does this part cover?|
|102-41.10,||To whom do “we”, “you”, and their variants refer?|
|102-41.15,||How do we request a deviation from these requirements and who can approve it?|
|102-41.20,||What definitions apply to this part?|
|102-41.25,||Who retains custody and is responsible for the reporting, care, and handling of property covered by this part?|
|102-41.30,||What is GSA's role in the disposition of property covered by this part?|
|102-41.35,||Do we report to GSA all seized personal property subject to judicial forfeiture as well as forfeited, voluntarily abandoned, or unclaimed personal property not retained for official use?|
|Subpart B -- Seized or Forfeited Personal Property|
|102-41.40,||How is personal property forfeited?|
|102-41.45,||May we place seized personal property into official use before the forfeiture process is completed?|
|102-41.50,||May we retain forfeited personal property for official use?|
|102-41.55,||Where do we send the reports for seized or forfeited personal property?|
|102-41.60,||Are there special requirements in reporting seized or forfeited personal property to GSA?|
|102-41.65,||What happens to forfeited personal property that is transferred or retained for official use?|
|102-41.70,||Are transfers of forfeited personal property reimbursable?|
|102-41.75,||May we retain the proceeds from the sale of forfeited personal property?|
|Subpart C -- Voluntarily Abandoned Personal Property|
|102-41.80,||When is personal property voluntarily abandoned?|
|102-41.85,||May we retain voluntarily abandoned personal property for official use?|
|102-41.90,||What happens to voluntarily abandoned personal property retained for official use?|
|102-41.95,||Where do we send the reports for voluntarily abandoned personal property?|
|102-41.100,||What information do we provide when reporting voluntarily abandoned personal property to GSA?|
|102-41.105,||What happens to voluntarily abandoned personal property when reported to GSA?|
|102-41.110,||Are transfers of voluntarily abandoned personal property reimbursable?|
|102-41.115,||May we retain the proceeds from the sale of voluntarily abandoned personal property?|
|Subpart D--Unclaimed Personal Property|
|102-41.120,||How long must we hold unclaimed personal property before disposition?|
|102-41.125,||May we retain unclaimed personal property for official use?|
|102-41.130,||What must we do when we retain unclaimed personal property for official use?|
|102-41.135,||How much reimbursement do we pay the former owner when he or she files a claim for unclaimed personal property that we no longer have?|
|102-41.140,||When do we report to GSA unclaimed personal property not retained for official use?|
|102-41.145||Where do we send the reports for unclaimed personal property?|
|102-41.150,||What special information do we provide on reports of unclaimed personal property?|
|102-41.155,||Is unclaimed personal property available for transfer to another Federal agency?|
|102-41.160,||May we retain the reimbursement from transfers of unclaimed personal property?|
|102-41.165,||May we require reimbursement for the costs incurred in the transfer of unclaimed personal property?|
|102-41.170,||Is unclaimed personal property available for donation?|
|102-41.175,||May we sell unclaimed personal property?|
|102-41.180,||May we retain the proceeds from the sale of unclaimed personal property?|
|Subpart E -- Personal Property Requiring Special Handling|
|102-41.185,||Are there certain types of forfeited, voluntarily abandoned, or unclaimed property that must be handled differently than other property addressed in this part?|
|102-41.190,||May we retain forfeited, voluntarily abandoned, or unclaimed firearms for official use?|
|102-41.195,||How do we dispose of forfeited, voluntarily abandoned, or unclaimed firearms not retained for official use?|
|102-41.200,||Are there special disposal provisions for firearms that are seized and forfeited for a violation of the National Firearms Act?|
|Forfeited Distilled Spirits, Wine, and Beer|
|102-41.205,||Do we report all forfeited distilled spirits, wine, and beer to GSA for disposal?|
|102-41.210,||What are some examples of drug paraphernalia?|
|102-41.215,||Do we report to GSA all forfeited, voluntarily abandoned, or unclaimed drug paraphernalia not required for official use?|
|102-41.220,||Is drug paraphernalia forfeited under 21 U.S.C. 863 available for transfer to other Federal agencies or donation through a State agency for surplus property (SASP)?|
|102-41.225,||Are there special provisions to reporting and transferring drug paraphernalia forfeited under 21 U.S.C. 863?|
|102-41.230,||May SASPs pick up or store donated drug paraphernalia in their distribution centers?|
|102-41.235,||May we sell forfeited drug paraphernalia?|
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953.
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