[Federal Register Volume 59, Number 92 (Friday, May 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11417]
[[Page Unknown]]
[Federal Register: May 13, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Office of Operations
7 CFR Part 2812
Department of Agriculture Guidelines for the Donation of Excess
Research Equipment
AGENCY: Office of Operations, USDA.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This proposed rulemaking sets forth uniform procedures for the
donation of excess research equipment to educational institutions and
nonprofit organizations for the conduct of technical and scientific
education and research activities as authorized by section 11(i) of the
Stevenson/Wydler Technology Act.
DATES: Consideration will be given to comments received on or before
June 13, 1994.
ADDRESSES: Please send your comments to Division Chief, Personal
Property Management Division, USDA-00, room 1522, 14th Street &
Independence Ave., SW., Washington, DC 20250.
FOR FURTHER INFORMATION CONTACT:
Robert P. Gililland, Acting Division Chief, Personal Property
Management Division on (202) 720-3141.
SUPPLEMENTARY INFORMATION: This document includes not only the
Department of Agriculture (USDA) procedures to implement 15 U.S.C.
3710(i) but also draws upon the General Services Administration (GSA)
regulations concerning the disposal of excess personal property.
However, because of the limited ability at the Office of Operations
(00) to change the portions of this Part that reflect GSA policy,
comments on those portions are not appropriate for this proposed
rulemaking.
Paperwork Reduction
Except for the gift/Acceptance Agreement contained in the appendix
to the proposed rulemaking, the forms necessary to implement these
procedures have been cleared by the Office of Management and Budget
(OMB) in accordance with the Paperwork Reduction Act, 44 U.S.C. 3500 et
seq. The Gift/Acceptance Agreement has been submitted to OMB for
clearance under the Paperwork Reduction Act.
Classification
This rule will has been reviewed under Executive Order No. 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 mllion 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 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 and does not raise
novel legal or policy issues arising out of legal mandates, the
President's priorities, or principles set forth in Executive Order No.
12866. In addition, it 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.
The following is given in compliance with Executive Order No.
12778. All State and local laws and regulations that are in conflict
with his rule are preempted. No retroactive effect is to be given to
this rule. This rule does not require administrative proceedings before
parties may file suit in court.
Regulatory Analysis
Not required for this rulemaking.
Environmental Impact Statement
This proposed rule does not significantly affect the environment.
Therefore, an environmental impact statement is not required under the
National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321
et seq.
Catalog of Federal Domestic Assistance
Not required for this rulemaking.
List of Subjects in 7 CFR Part 2812
Government property, Government property management, Excess
government property.
For the reasons set forth in the preamble, part 2812 is proposed to
be added to chapter XXVIII of title 7 of the Code of Federal
Regulations to read as follows:
PART 2812--DEPARTMENT OF AGRICULTURE GUIDELINES FOR THE DONATION OF
EXCESS RESEARCH EQUIPMENT UNDER 15 U.S.C. 3701(I)
Sec.
2812.1 Purpose.
2812.2 Eligibility.
2812.3 Definitions.
2812.4 Procedures.
2812.5 Restrictions.
2812.6 Title.
2812.7 Costs.
2812.8 Accountability and Recordkeeping.
2912.9 Disposal.
2812.10 Liabilities and Losses.
Appendix A to Part 2812--Gift/Acceptance Agreement
Authority: 5 U.S.C. 301.
Sec. 2812.1 Purpose.
This Part sets forth the procedures to be utilized by USDA agencies
and laboratories in the donation of excess research equipment to
educational institutions and non-profit organizations for the conduct
of technical and scientific education and research activities as
authorized by 15 U.S.C. 3710(i). Title to excess research equipment
donated pursuant to 15 U.S.C. 3710(i) shall pass the donee.
Sec. 2812.2 Eligibility.
Eligibility organizations are educational institutions or non-
profit organizations involved in the conduct of technical and
scientific educational and research activities.
Sec. 2812.3 Definitions.
(a) Cannibalization--The dismantling of equipment for parts to
repair or enhance other equipment. The residual is reported for
disposal. Cannibalization is only authorized if the property value is
greater when cannibalized than retention in the original condition.
(b) Education-related Federal equipment--Equipment that is
appropriate for educational purposes.
(c) Excess Personal Property--Items of personal property no longer
required by the controlling Federal agency.
(d) Research equipment--Federal property determined to be essential
to conduct scientific or technical educational research.
(e) Technical and Scientific Education and Research Activities--
Non-profit tax exempt public educational institutions or government
sponsored research organizations which serve to conduct technical and
scientific education and research.
Sec. 2812.4 Procedures.
(a) Prior to receipt of excess personal property/equipment under
this part the donee shall enter into a gift/acceptance agreement with
the donor agency. A copy of that agreement is appendix A of this part.
(b) Each agency head will designate in writing an authorized
official to approve donations of excess property/equipment under this
Part.
(c) Property targeted for donation this Part will first be screened
as excess by USDA agencies through the Departmental Excess Personal
Property Coordinator (DEPPC) using the PMIS/PROP system.
(d) Upon reporting property for excess screening, if the pertinent
USDA agency has an eligible organization in mind for donation under
this Part, enter ``P.L. 102-245'' in the note field. The property will
remain in the excess system approximately 30-45 days and, if no agency
in USDA requests it during the excess cycle, DEPPC will send you a copy
of your excess report stamped ``DONATION AUTHORITY TO THE HOLDING
AGENCY IN ACCORDANCE WITH P.L. 102-245.''
(e) Donations under this Part will be accomplished by preparing a
Standard Form (SF) 122, ``Transfer Order-Excess Personal Property'' and
a written justification statement (Submitted by the recipient)
explaining why the property is needed.
(f) The SF-122 should be signed by both an authorized official of
the agency and the Agency Property Management Officer. The following
information should also be provided:
(1) Name and address of Donee Institution (Ship to);
(2) Agency name and address (holding Agency);
(3) Location of property;
(4) Shipping instructions (Donee contact person);
(5) Complete description of property, including acquisition amount,
serial number, condition code, quantity and agency order number; and
(6) This statement needs to be added following property
descriptions.
The property requested hereon is certified to be used for the
conduct of technical and scientific education and research
activities. This donation is pursuant to the provisions of Public
Law 102-245.
(g) Once the excess personal property/equipment is physically
received, the donee is required to immediately return a copy of the SF-
122 to the donating agency indicating receipt of requested items.
Cancellations should be reported to DEPPC so the property can be
reported to the General Services Administration (GSA).
(h) The USDA agency shall send an informational copy of the
transaction to GSA.
Sec. 2812.5 Restrictions.
(a) The authorized official (see Sec. 2812.4(b)) will approve the
donation of excess personal property/equipment in the following groups
to educational institutions or nonprofit organizations for the conduct
of technical and scientific educational and research activities.
Eligible Groups
------------------------------------------------------------------------
FSC group Name
------------------------------------------------------------------------
19................................. Ships, Small Craft, Pontoons, and
Floating Docks.
23................................. Vehicles, Trailers and Cycles.
24................................. Tractors.
37................................. Agricultural Machinery & Equipment.
43................................. Pumps, Compressors.
48................................. Valves.
58................................. Communication, Detection, and
Coherent Radiation Equipment.
59................................. Electrical and Electronic Equipment
Components.
65................................. Medical, Dental, and Veterinary
Equipment and Supplies.
66................................. Instruments and Laboratory
Equipment.
67................................. Photographic Equipment.
68................................. Chemicals and Chemical Products.
70................................. General Purpose Automatic Data
Processing Equipment, Software
Supplies, and Support Equipment.
74................................. Office Machines and Visible Record
Equipment.
------------------------------------------------------------------------
Note: Requests for items in FSC Groups or Classes other than the
above should be referred to the agency head for consideration and
approval.
(b) Excess personal/equipment may be donated for cannibalization
purposes, provided the donee submits a supporting statement which
clearly indicates that cannibalizing the requested property for
secondary use has greater potential benefit than utilization of the
item in its existing form.
Sec. 2812.6 Title.
Title to excess personal property/equipment donated under this Part
will automatically pass to the donee once the sponsoring agency
receives the SF-122 indicating that the donee has received the
property.
Sec. 2812.7 Costs.
Donated excess personal property/equipment is free of charge.
However, the donee must pay all costs associated with packaging and
transportation, unless the sponsoring agency has made other
arrangements. The donee should specify the method of shipment.
Sec. 2812.8 Accountability and Recordkeeping.
USDA requires that property requested by a donee be placed into use
by the donee within a year of receipt and used for at least 1 year
thereafter. Donees must maintain accountable records for such property
during this time period.
Sec. 2812.9 Disposal.
When the property is no longer needed by the donee, it may be used
in support of other Federal projects or sold and the proceeds used for
technical and scientific education and research activities.
Sec. 2812.10 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/equipment donated under this Part. The donee is advised to
insure or otherwise protect itself and others as appropriate.
Appendix A to Part 2812--Gift/Acceptance Agreement; Educational
Institution or Non-Profit Organization and The United States Department
of Agriculture
Gift/Acceptance Agreement (Agreement) Between (USDA Agency) and
(Educational Institution or Non-Profit Organization).
(1) Purpose
The purpose of the Agreement is to establish a relationship between
the U.S. Department of Agriculture (USDA Agency) and (Educational
Institution or Non-Profit Organization) concerning the transfer of
excess research equipment to this educational institution or non-profit
organization for the conduct of technical and scientific education and
research activities. Title of ownership transfers to the recipient.
(2) Authority
Public Law 102-245, Sec. 303, Research Equipment, Section 11 of the
Stevenson-Wydler Technology Innovation Act of 1980, subsection (i)
Research Equipment, provides that ``the Director of a laboratory, or
the head of any Federal agency or department, may give research
equipment that is excess to the needs of the laboratory, agency, or
department to an educational institution or non-profit organization for
the conduct of technical and scientific education and research
activities.''
(3) Objectives and Program Elements
This Agreement is intended to provide a mechanism for the transfer
of excess research equipment from USDA to the (Educational Institution
or Non-profit Organization) in accordance with the procedures set out
in the regulations implementing Public Law 102-245.
(4) Management
In order to enable close collaboration, it is agreed that the
(Educational Institution or Non-Profit Organization) will provide to
(USDA Agency) an annual inventory listing of property acquired under
Public Law 102-245.
The (USDA Agency) and (Educational Institution or Non-Profit
Organization) will each identify a coordinator to implement this
Agreement. These coordinators shall meet when necessary to review new
Federal property regulations.
The coordinators shall seek to resolve any disputes concerning the
Agreement through good faith discussions.
(5) Effective Date and Revision or Termination
The Agreement shall enter into effect upon signature and shall
remain in effect for 3 years. It may be extended or amended by written
agreement of the parties at any time prior to its expiration or
termination. The Agreement may be terminated at any time upon 60 days
written notice by either party to the other. The termination of the
Agreement shall not affect the validity of any property transactions
under the Agreement which were initiated prior to such termination.
Property Coordinators
The property coordinators for this Agreement are:
Name-------------------------------------------------------------------
(Education Institution/Non-Profit Organization)
----------------------------------------------------------------------
(Complete Address and Phone Number)
Name-------------------------------------------------------------------
(USDA Coordinator)
----------------------------------------------------------------------
(Complete Address and Phone Number)
Approved:
----------------------------------------------------------------------
(Education Institution/Non-Profit Organization)
----------------------------------------------------------------------
Date
----------------------------------------------------------------------
(USDA Agency Head)
----------------------------------------------------------------------
Date
Certification of Compliance With Executive Order No. 12778
Agency Issuing the Regulation
Descriptive Title of the Regulation
CFR Title and Parts Affected
Certification: I have reviewed this draft regulation in light of
section 2 of Executive Order No. 12778 and certify for USDA that this
draft regulation meets the applicable standards in sections 2(a) and
2(b)(2) of Executive Order No. 12778. The recommendations and cost-
benefit analyses required under section 2(d) of Executive Order No.
12778 are not applicable to this regulation.
Name: Kenneth E. Cohen.
Title: Assistant General Counsel, Research and Operations Division.
Done at Washington, DC, this 4th day of May 1994.
Mike Espy,
Secretary.
[FR Doc. 94-11417 Filed 5-12-94; 8:45 am]
BILLING CODE 3410-98-M
