[Federal Register Volume 63, Number 15 (Friday, January 23, 1998)]
[Proposed Rules]
[Pages 3481-3483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1506]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 /
Proposed Rules
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DEPARTMENT OF AGRICULTURE
Office of Procurement and Property Management
7 CFR Part 3200
RIN 0500-AA00
Uniform Procedures for the Acquisition and Transfer of Excess
Personal Property
AGENCY: Office of Procurement and Property Management, USDA.
ACTION: Notice of proposed rule making.
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SUMMARY: The proposed rulemaking sets forth uniform procedures for the
acquisition and transfer of excess personal property to the 1890 Land
Grant Institutions (including Tuskegee University), the 1994 Land Grant
Institutions and the Hispanic-Serving Institutions in support of
research, educational, technical, and scientific activities or for
related programs as authorized by section 923 of the Federal
Agriculture Improvement and Reform Act (FAIR) of 1996 (Pub. L. No. 104-
127), 7 U.S.C. 2206a.
DATES: Comments are due by February 23, 1998.
ADDRESSES: Send your comments to Linda W. Oliphant, U.S. Department of
Agriculture, Office of Procurement and Property Management (OPPM),
Property Management Division, (PMD), Room 1520 South Building, 1400
Independence Avenue, SW., Washington, DC 20250.
FOR FURTHER INFORMATION CONTACT: Denise R. Hayes or Linda W. Oliphant,
U.S. Department of Agriculture, Office of Procurement and Property
Management, Property Management Division, Room 1520 South Building,
1400 Independence Avenue, SW., Washington, DC 20250, (202) 720-3141.
SUPPLEMENTARY INFORMATION: Section 923 of the FAIR Act, 7 U.S.C. 2206a,
authorizes the Secretary of Agriculture to convey title to excess
personal property, with or without monetary compensation to the 1994
Institutions (as defined in section 532 of the Equity in Educational
Land-Grant Status Act of 1994, 7 U.S.C. 301 note); to any Hispanic-
Serving Institution (as defined in section 316(b)) of the Higher
Education Act of 1965, 20 U.S.C. 1059c(b); and to any college or
university eligible to receive funds under the Act of August 30, 1890,
7 U.S.C. 321 et seq., including Tuskegee University. Pursuant to the
authority provided in section 923 USDA proposes to add part 3200 to
title 7 of Code of Federal Regulations to establish uniform procedures
for the acquisition and transfer of excess personal property to the
designated institutions. This document includes not only the Department
of Agriculture (USDA) procedures to implement 7 U.S.C. 2206a, but draws
upon the General Services Administration (GSA) regulations concerning
the disposal of excess personal property.
Paperwork Reduction
The information collection and recordkeeping requirements to
implement these procedures have been cleared by the Office of
Management and Budget (OMB), under 0505-0019, in accordance with the
Paperwork Reduction Act, 44 U.S.C. 3500 et seq.
Classification
This proposed rule was reviewed under Executive Order 12866, and it
has been determined that it is not a significant regulatory action
because it will not have an annual effect on the economy of $100
million or more or adversely and materially affect a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, Local, or Tribal governments or
communities. This proposed rule will not create any serious
inconsistencies or otherwise interfere with any actions taken or
planned by another agency. It will not materially alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof.
Regulatory Flexibility
The Department of Agriculture certifies that this proposed rule
will not have a significant impact on a substantial number of small
entities as defined in the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq.
Executive Order 12988
The proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. The proposed rule meets the applicable standards
in section 3 of Executive Order 12988.
List of Subjects in 7 CFR Part 3200
Excess government property, Government property, Government
property management.
For the reasons set forth in the preamble, the Department of
Agriculture proposes to establish chapter XXXII in title 7 of the Code
of Federal Regulations to read as follows:
CHAPTER 32--OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT, DEPARTMENT
OF AGRICULTURE
Part 3200 Department of Agriculture guidelines for the acquisition and
transfer of excess personal property
3201--3299 [Reserved]
PART 3200--DEPARTMENT OF AGRICULTURE GUIDELINES FOR THE ACQUISITION
AND TRANSFER OF EXCESS PERSONAL PROPERTY
Sec.
3200.1 Purpose.
3200.2 Eligibility.
3200.3 Definitions.
3200.4 Procedures.
3200.5 Dollar limitation.
3200.6 Restrictions.
3200.7 Title.
3200.8 Costs.
3200.9 Accountability and recordkeeping.
3200.10 Disposal.
3200.11 Liabilities and losses.
Authority: 5 U.S.C. 301; 7 U.S.C. 2206a.
Sec. 3200.1 Purpose.
This part sets forth the procedures to be utilized by USDA, Office
of Procurement and Property Management (OPPM) in the acquisition and
transfer of excess property to the 1890 Land Grant Institutions
(including Tuskegee University), 1994 Land Grant Institutions, and the
Hispanic-Serving Institutions in support of research, educational,
technical, and scientific activities or for related programs as
authorized by 7 U.S.C. 2206a. Title to the personal property shall pass
to the institution.
Sec. 3200.2 Eligibility.
Institutions that are eligible to receive Federal excess personal
property
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pursuant to the provision of this part are the 1890 Land Grant
Institutions (including Tuskegee University), 1994 Land Grant
Institutions, and the Hispanic-Serving Institutions conducting
research, educational, technical, and scientific activities or related
programs.
Sec. 3200.3 Definitions.
(a) 1890 Land grant institutions--any college or university
eligible to receive funds under the Act of August 30, 1890 (7 U.S.C.
321 et.seq.), including Tuskegee University.
(b) 1994 Land grant institutions--any of the tribal colleges or
universities as defined in Section 532 of the Equity in Educational
Land-Grant Status Act of 1994.
(c) Hispanic-serving institutions--institutions of higher education
as defined in section 316(b) of the Higher Education Act of 1965 (20
U.S.C. 1059c (b)).
(d) Property management officer--is an authorized Department of
Agriculture or institution official responsible for property
management.
(e) Screener--is an individual designated by an eligible
institution and authorized by the General Services Administration (GSA)
to visit property sites for the purpose of inspecting personal property
intended for use by the institution.
(f) Excess personal property--is any personal property under the
control of a Federal agency that is no longer needed.
(g) Cannibalization--is the dismantling of equipment for parts to
repair or enhance other equipment.
Sec. 3200.4 Procedures.
(a) To receive information concerning the availability of Federal
excess personal property, an eligible institution's property management
officer may contact their regional GSA, Accountable Utilization
Officer. All property management officers of eligible institutions will
be placed on the Department of Agriculture's mailing list for
information on the availability of property. USDA excess property first
will be screened by USDA agencies through the Departmental Excess
Personal Property Coordinator (DEPPC) using the PMIS/PROP system.
(b) Excess property selected by screeners of eligible institutions
should be inspected whenever possible, or the holding agency should be
contacted to verify the condition of the items, because interpretation
of condition codes varies among agencies.
(c) If the condition of the item is acceptable, the institution
should ``freeze'' (reserve) items by calling the appropriate GSA office
or USDA's Departmental Excess Personal Property Coordinator (DEPPC).
Items are usually allocated on a ``first come-first serve basis.''
Since GSA may have several ``freezes'' on a piece of equipment, it is
critical that the paperwork be submitted as soon as possible.
(d) Property requests are submitted by mail or fax on a Standard
Form 122, ``Transfer Order Excess Personal Property,'' with a written
justification statement explaining how the property will be used for
research, educational, technical, or scientific activity or for related
programs.
(e) The SF-122 should be forwarded to USDA, OPPM/PMD for approval.
As confirmation of approval, the institution's Property Management
Officer will receive a stamped copy of the SF-122. If the request is
disapproved, it will be returned to the Property Management Officer
with an appropriate explanation.
(f) Once the excess personal property is physically received, the
institution is required to immediately return a copy of the SF-122, to
OPPM/PMD, indicating receipt of requested items. Cancellations should
also be reported to OPPM/PMD.
Note: OPPM/PMD shall send an informational copy of all USDA
transactions to GSA.
Sec. 3200.5 Dollar limitation.
There is no dollar limitation on excess personal property obtained
under these procedures.
Sec. 3200.6 Restrictions.
(a) The Department's authorized official will approve the transfer
of excess personal property in the following groups for the 1890 Land
Grant Institutions (including Tuskegee University), 1994 Land Grant
Institutions and the Hispanic-Serving Institutions in support of
research, educational, technical, and scientific activities or for
related programs.
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Eligible Federal supply code
groups Name
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12.............................. Fire Control Equipment.
19.............................. Ships, Small Crafts, Pontoons, and
Floating Docks.
22.............................. Railway Equipment.
23.............................. Vehicles, Motor Vehicles, Trailers and
Cycles.
24.............................. Tractors.
26.............................. Tires and Tubes.
28.............................. Engines, Turbines and Components.
29.............................. Engine Accessories.
30.............................. Mechanical Power Transmission
Equipment.
31.............................. Bearings.
32.............................. Woodworking Machinery and Equipment.
34.............................. Metal Working Machinery.
35.............................. Service and Trade Equipment.
36.............................. Special Industry Machinery.
37.............................. Agricultural Machinery and Equipment.
38.............................. Construction, Mining, Excavating, and
Highway Maintenance Equipment.
39.............................. Material Handling Equipment.
40.............................. Rope, Cable, Chain, and Fittings.
41.............................. Refrigeration, Air Conditioning and
Air Circulating Equipment.
42.............................. Fire Fighting, Rescue, and Safety
Equipment.
43.............................. Pumps, Compressors.
44.............................. Furnace, Steam Plant, and Drying.
45.............................. Plumbing, Heating, and Sanitation
Equipment; and Nuclear Reactors.
46.............................. Water Purification and Sewage
Treatment Equipment.
47.............................. Pipe, Tubing, Hose, and Fittings.
49.............................. Maintenance and Repair Shop Equipment.
51.............................. Hand Tools.
52.............................. Measuring Tools.
53.............................. Hardware and Abrasives.
54.............................. Prefabricated Structures and
Scaffolding.
55.............................. Lumber, Millwork, Plywood, and Veneer.
56.............................. Construction and Building Materials.
58.............................. Communication, Detection, and Coherent
Radiation Equipment.
59.............................. Electrical and Electronic Equipment
Components.
60.............................. Fiber Optics Materials, Components,
Assemblies, and Accessories.
61.............................. Electric Wire, and Power and
Distribution Equipment.
62.............................. Lighting Fixtures and Lamps.
63.............................. Alarm, Signal, and Security Detection
Systems.
65.............................. Medical, Dental, and Veterinary
Equipment and Supplies.
66.............................. Instruments and Laboratory Equipment.
67.............................. Photographic Equipment.
69.............................. Training Aids and Devices.
70.............................. General Purpose Automatic Data
Processing Equipment (Including
Firmware), Software, and Support
Equipment.
71.............................. Furniture.
72.............................. Household and Commercial Furnishings
and Appliances.
73.............................. Food Preparation and Serving
Equipment.
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74.............................. Office Machines, Text Processing
Systems and Visible Record Equipment.
75.............................. Office Supplies and Devices.
76.............................. Books, Maps, and Other Publications.
77.............................. Musical Instruments, Phonographs, and
Home-type Radios.
78.............................. Recreational and Athletic Equipment.
79.............................. Cleaning Equipment and Supplies.
80.............................. Brushes, Paints, Sealers, and
Adhesives.
81.............................. Containers, Packaging and Packing
Supplies.
83.............................. Textiles, Leather, Furs, Apparel and
Shoe Findings, Tents, and Flags.
84.............................. Clothing, Individual Equipment and
Insignia.
85.............................. Toiletries.
87.............................. Agricultural Supplies.
88.............................. Live Animals.
91.............................. Fuels, Lubricants, Oils and Waxes.
93.............................. Nonmetallic Fabricated Materials.
94.............................. Nonmetallic Crude Materials.
95.............................. Metal Bars, Sheets, and Shapes.
96.............................. Ores, Minerals and Their Primary
Products.
99.............................. Miscellaneous.
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Note: Requests for items in FSC Groups other than the above
shall be referred to the Director of OPPM for consideration and
approval.
(b) Excess personal property may be transferred for the purpose of
cannibalization, provided the institution submits a supporting
statement which clearly indicates that cannibalizing the requested
property for secondary use has greater benefit than utilization of the
item in its existing form.
Sec. 3200.7 Title.
Title to excess personal property obtained under part 3200 will
automatically pass to the 1890 Land Grant Institutions (including
Tuskegee University), 1994 Land Grant Institutions, and the Hispanic-
Serving Institutions once OPPM/PMD receives the SF-122 indicating that
the institution has received the property.
Sec. 3200.8 Costs.
Excess personal property under this law is free of charge. However,
the institution must pay all costs associated with packaging and
transportation. The institution should specify the method of shipment
on the SF-122.
Sec. 3200.9 Accountability and recordkeeping.
USDA requires that Federal excess personal property received by an
eligible institution pursuant to this Part shall be placed into use for
a research, educational, technical, or scientific activity or for
related purpose within 1 year of receipt of the property and used for
such purpose for at least 1 year thereafter. The institution's Property
Management Officer must maintain accountable records identifying the
property's location, description, utilization and value. The use of
excess Federal personal property received under this part is subject to
inspection by an authorized representative of USDA at all reasonable
times.
Sec. 3200.10 Disposal.
When the property is no longer needed by the institution, it may be
used in support of other Federal projects or sold and the proceeds used
for research, educational technical, and scientific activities or for
related programs of the recipient institution.
Sec. 3200.11 Liabilities and losses.
USDA assumes no liability with respect to accidents, bodily injury,
illness, or any other damages or loss related to excess personal
property transferred under this Part.
PARTS 3201-3299--[RESERVED]
W. R. Ashworth,
Director, Office of Procurement and Property Management.
[FR Doc. 98-1506 Filed 1-22-98; 8:45 am]
BILLING CODE 3410-XE-P
