[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]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.

------------------------------------------------------------------------
  Eligible Federal supply code                                          
             groups                                Name                 
------------------------------------------------------------------------
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.                        
------------------------------------------------------------------------

    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