[Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
[Proposed Rules]
[Pages 41049-41050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19289]
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DEPARTMENT OF AGRICULTURE
Office of Operations
7 CFR Part 2812
RIN 0599-AA03
Priorities and Administrative Guidelines for Donation of Excess
Research Equipment
AGENCY: Office of Procurement and Property Management, Office of
Operations, USDA.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Office of Procurement and Property Management of the
Department of Agriculture (USDA) proposes to amend its procedures for
the donation of excess research equipment for technical and scientific
education and research activities to educational institutions and
nonprofit organizations under section 11(I) of the Stevenson-Wydler
Technology Act (15 U.S.C. 3710(I)). This amendment would expand the
list of entities eligible to receive such equipment, establish a
priority list for eligible entities seeking transfer of such equipment,
and clarify administrative rules regarding equipment transfer.
DATES: Comments must be submitted by August 30, 1999.
ADDRESSES: Comments should be sent to USDA, OPPM, PMD, 1400
Independence Ave., S.W., Mail Stop 9304, Washington, D.C.
FOR FURTHER INFORMATION CONTACT: Kathy Fay on 202-720-9779.
SUPPLEMENTARY INFORMATION:
I. Background
II. Procedural Requirements
A. Executive Order Number 12866.
B. Regulatory Flexibility Act.
C. Paperwork Reduction Act.
III. Electronic Access Addresses
I. Background
USDA regulations for the donation of excess research equipment for
technical and scientific educational and research activities under
section 11(I) of the Stevenson-Wydler Technology Act (15 U.S.C.
3710(I)) were promulgated at 7 CFR part 2812 on July 3, 1995. USDA has
determined that the eligibility of organizations to receive excess
research equipment under this part is not clear.
The President signed Executive Order (EO) 12999 on April 17, 1996,
requiring Federal agencies, when donating educationally useful Federal
research equipment under section 11(I) of the Stevenson-Wydler
Technology Act and other laws, to give the highest preference to
schools (including pre-kindergarten through twelfth grade) and
nonprofit organizations (including community-based educational
organizations) with particular preference to such schools and nonprofit
organizations located in Federal enterprise communities and empowerment
zones designated pursuant to the Omnibus Reconciliation Act of 1993,
Public Law 103-66. USDA is taking action in this rule-making to
implement EO 12999.
Further, consistent with the EO 12999 and other authorities
available to USDA for transfer of excess personal property (such as
that implemented in 7 CFR part 3200), USDA desires to establish a
preference list for those eligible entities seeking to receive property
donated under this part.
II. Procedural Requirements
A. Executive Order Number 12866
This proposed rule was reviewed under EO 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.
B. Regulatory Flexibility Act
USDA 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., for the reason that
this regulation imposes no new requirements on small entities.
C. Paperwork Reduction
The information collection and record keeping 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. ch. 35).
III. Electronic Access Addresses
You may send electronic mail (E-mail) to kathy.fay@usda.gov or
contact us via fax at (202) 720-3747.
List of Subjects in 7 CFR part 2812
Government property management.
For the reasons set forth in the preamble, 7 CFR part 2812 is
proposed to be amended as set forth below:
PART 2812--DEPARTMENT OF AGRICULTURE GUIDELINES FOR THE DONATION OF
EXCESS RESEARCH EQUIPMENT UNDER 15 U.S.C. 3710(I)
1. The authority citation for part 2812 is revised to read as
follows:
Authority: 5 U.S.C. 301; E.O. 12999, 61 FR 17227, 3 CFR, 1997
Comp., p. 180.
2. Amend Sec. 2812.3 by removing paragraph (b), redesignating
paragraphs (c), (d), and (e) as (e), (h), and (i), respectively, and
adding new paragraphs (b), (c), (d), (f) and (g) to read as follows:
Sec. 2812.3 Definitions.
* * * * *
(b) Community-based educational organization means nonprofit
organizations that are engaged in collaborative projects with pre-
kindergarten through twelfth grade educational institutions or that
have education as their primary focus. Such organizations shall qualify
as nonprofit educational institutions for purposes of section 203(j) of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484(j)).
(c) Educational institution means a public or private, non-profit
educational institution, encompassing pre-kindergarten through twelfth
grade and two- and four-year institutions of higher education, as well
as public school districts.
(d) Educationally useful Federal equipment means computers and
related peripheral tools (e.g., printers, modems, routers, and
servers), including telecommunications and research equipment, that are
appropriate for use in prekindergarten, elementary, middle, or
secondary school education. It shall also include computer software,
where the transfer of licenses is permitted.
* * * * *
(f) Federal empowerment zone or enterprise community (EZ/EC) means
a
[[Page 41050]]
rural area designated by the Secretary of Agriculture under 7 CFR part
25.
(g) Non-profit organization means: (1) Any corporation, trust
association, cooperative, or other organization which--
(i) Is operated primarily for scientific, educational, service,
charitable, or similar purposes in the public interest;
(ii) Is not organized primarily for profit; and
(iii) Uses its net proceeds to maintain, improve, or expand its
operations.
(2) For the purposes of this part, ``non-profit organizations'' may
include entities affiliated with institutions of higher education, or
with state and local governments and federally recognized Indian
tribes.
* * * * *
4. Amend Sec. 2812.4 by removing and reserving paragraph (a), and
revising paragraphs (c) and (d) to read as follows:
Sec. 2812.4 Procedures.
(a) [Reserved]
* * * * *
(c) After USDA screening has been accomplished, excess personal
property targeted for donation under this part will be made available
on a first-come, first-served basis. If there are competing requests,
donations will be made to eligible recipients in the following priority
order:
(1) Educationally useful Federal equipment for pre-kindergarten
through twelfth grade educational institutions and community-based
educational organizations in rural EZ/EC communities;
(2) Educationally useful Federal equipment for pre-kindergarten
through twelfth grade educational institutions and community-based
educational organizations not in rural EZ/EC areas;
(3) All other eligible organizations.
(d) Upon reporting property for excess screening, if the pertinent
USDA agency has an eligible organization in mind for donation under
this part, it shall enter ``Public Law 102-245'' in the note field. The
property will remain in the excess system approximately 30-45 days, and
if no USDA agency or cooperator requests it during the excess cycle,
Departmental Excess Personal Property Coordinator will send the agency
a copy of the excess report stamped, ``DONATION AUTHORITY TO THE
HOLDING AGENCY IN ACCORDANCE WITH PUBLIC LAW 102-245.'' The holding
USDA agency may then donate the excess property to the eligible
organization.
* * * * *
5. Appendix A to part 2812 is removed.
Done at Washington, D.C., this 12th day of July, 1999.
W.R. Ashworth,
Director, Office of Procurement and Property Management.
[FR Doc. 99-19289 Filed 7-28-99; 8:45 am]
BILLING CODE 3410-PA-P ]
