41 C.F.R. Subpart 101–1.1—Regulation System


Title 41 - Public Contracts and Property Management


Title 41: Public Contracts and Property Management
PART 101–1—INTRODUCTION

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Subpart 101–1.1—Regulation System

§ 101-1.100   Scope of subpart.

This subpart sets forth introductory material concerning the Federal Property Management Regulations System: its content, types, publication, authority, applicability, numbering, deviation procedure, as well as agency consultation, implementation, and supplementation.

§ 101-1.101   Federal Property Management Regulations System.

The Federal Property Management Regulations System described in this subpart is established and shall be used by General Services Administration (GSA) officials and, as provided in this subpart, by other executive agency officials, in prescribing regulations, policies, procedures, and delegations of authority pertaining to the management of property, and other programs and activities of the type administered by GSA, except procurement and contract matters contained in the Federal Acquisition Regulations (FAR).

[54 FR 37652, Sept. 12, 1989]

§ 101-1.102   Federal Property Management Regulations.

The Federal Property Management Regulations (FPMR) are regulations, as described by §101–1.101, prescribed by the Administrator of General Services to govern and guide Federal agencies.

§ 101-1.103   FPMR temporary regulations.

(a) FPMR temporary regulations are authorized for publication when time or exceptional circumstances will not permit promulgation of an amendment to the Code of Federal Regulations and if the regulation will be effective for a period of 12 months or less except as provided in §101–1.103(b), below. These temporary regulations will be codified before the designated expiration date or their effective date will be extended if it is determined that conversion to permanent form cannot be accomplished within the specified time frame.

(b) FPMR temporary regulations may have an effective period of up to 2 years when codification is not anticipated or is not considered practical.

[54 FR 37652, Sept. 12, 1989]

§ 101-1.104   Publication and distribution of FPMR.

§ 101-1.104-1   Publication.

FPMR will be published in the Federal Register, in looseleaf form, and in accumulated form in the Code of Federal Regulations. Temporary-type FPMR will be published in the Notices section of the Federal Register1 and in looseleaf form.

1 Editorial Note: FPMR temporary regulations are published in the Rules and Regulations section of the Federal Register and, if in effect on the revision date of the Code of Federal Regulations volume, in the appendixes to the subchapters in 41 CFR chapter 101.

[36 FR 4983, Mar. 16, 1971]

§ 101-1.104-2   Distribution.

(a) Each agency shall designate an official to serve as liaison with GSA on matters pertaining to the distribution of FPMR and other publications in the FPMR series. Agencies shall report all changes in designation of agency liaison officers to the General Services Administration (CAR), Washington, DC 20405.

(b) FPMR and other publications in the FPMR series will be distributed to agencies in bulk quantities for internal agency distribution in accordance with requirements information furnished by liaison officers. FPMR and other publications in the FPMR series will not be stocked by, and cannot be obtained from, GSA regional offices.

(c) Agencies shall submit their consolidated requirements for FPMR and other publications in the FPMR series, including requirements of field activities, and changes in such requirements on GSA Form 2053, Agency Consolidated Requirements for GSA Regulations and Other External Issuances (illustrated at §101–1.4902–2053). The mailing address is shown on the form.

[36 FR 4983, Mar. 16, 1971, as amended at 53 FR 2739, Feb. 1, 1988]

§ 101-1.105   Authority for FPMR System.

The FPMR system is prescribed by the Administrator of General Services under authority of the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended, and other laws and authorities specifically cited in the text.

§ 101-1.106   Applicability of FPMR.

The FPMR apply to all Federal agencies to the extent specified in the Federal Property and Administrative Services Act of 1949 or other applicable law.

§ 101-1.107   Agency consultation regarding FPMR.

FPMR are developed and prescribed in consultation with affected Federal agencies.

§ 101-1.108   Agency implementation and supplementation of FPMR.

Chapters 102 through 150 of this title are available for agency implementation and supplementation of FPMR contained in chapter 101 of this title. Supplementation pertains to agency regulations in the subject matter of FPMR but not yet issued in chapter 101.

[54 FR 37652, Sept. 12, 1989]

§ 101-1.109   Numbering in FPMR System.

(a) In the numbering system, all FPMR material is preceded by the digits 101–. This means that it is chapter 101 in title 41 of the Code of Federal Regulations. It has no other significance. The digit(s) before the decimal point indicates the part; the digits after the decimal point indicate, without separation, the subpart and section. For example:

(b) At the bottom of each page appears the number and date (month and year) of the FPMR amendment which transmitted it.

(c) Agency implementing regulations should conform to the FPMR section numbers, except for the substitution of the chapter designation of the agency. Agency supplementing regulations should be numbered “50” or higher for section, subpart, or part as may be involved.

[54 FR 37652, Sept. 12, 1989]

§ 101-1.110   Deviation.

(a) In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations; i.e., the use of any policy or procedure in any manner that is inconsistent with a policy or procedure prescribed in the Federal Property Management Regulations, are prohibited unless such deviations have been requested from the approved by the Administrator of General Services or his authorized designee. Deviations may be authorized by the Administrator of General Services or his authorized designee when so doing will be in the best interest of the Government. Request for deviations shall clearly state the nature of the deviation and the reasons for such special action.

(b) Requests for deviations from the FPMR shall be sent to the General Services Administration for consideration in accordance with the following:

(1) For onetime (individual) deviations, requests shall be sent to the address provided in the applicable regulation. Lacking such direction, requests shall be sent to the Administrator of General Services, Washington, DC 20405.

(2) For class deviations, requests shall be sent to only the Administrator of General Services.

[54 FR 37652, Sept. 12, 1989]

§ 101-1.111   Retention of FPMR amendments.

Retention of FPMR amendments and removed pages will provide a history of FPMR issuances and facilitate determining which regulations were in effect at particular times.

[39 FR 40952, Nov. 22, 1974]

§ 101-1.112   Change lines.

(a) Single-column format: Vertical lines in the right margin of a page indicate material changed, deleted, or added by the FPMR amendment cited at the bottom of that page. Where insertion of new material results in shifting of unchanged material on following pages, no vertical lines will appear on such pages but the FPMR amendment transmitting such new pages will be cited at the bottom of each page.

(b) Double-column format: Arrows printed in the margin of a page indicated material changed, deleted, or added by the FPMR amendment cited at the bottom of that page.

[54 FR 37652, Sept. 12, 1989]

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