[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]


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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.

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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                            
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             FSC group                               Name               
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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)

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(Complete Address and Phone Number)

Name-------------------------------------------------------------------
(USDA Coordinator)

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(Complete Address and Phone Number)

    Approved:
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(Education Institution/Non-Profit Organization)

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Date

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(USDA Agency Head)

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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