[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Rules and Regulations]
[Pages 53589-53590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22445]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 736

RIN 0703-AA60


Disposition of Property

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

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SUMMARY: The Department of the Navy amends this rule to reflect changes 
in the Disposition of Property regulation incorporating updated 
information on citation authorities, organizational names, and other 
information to assist the public awareness on rules affecting 
disposition of property held by the Department of the Navy.

DATES: Effective September 5, 2000.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander James L. Roth, 
JAGC, USN, Head, Regulations and Legislation, FOIA/PA Branch, 
Administrative Law Division, Office of the Judge Advocate General (Code 
13), 1322 Patterson Ave SE., Suite 3000, Washington Navy Yard, DC 
20374-5066. Phone (703) 604-8200.

SUPPLEMENTARY INFORMATION: This amended rule provides the public 
updated information on changes in organizational names and nomenclature 
related to disposition of property. Additionally, an internet address 
is included for public access to an

[[Page 53590]]

electronic copy of the Defense Material Disposition Manual. This rule 
is being published by the Department of the Navy for guidance and 
interest of the public in accordance with 5 U.S.C. 552(a)(1). It has 
been determined that invitation of public comment on this amendment 
would be impracticable and unnecessary, and it is therefore not 
required under the public rulemaking provisions of 32 CFR Part 336 or 
Secretary of the Navy Instruction 5720.45. Interested persons, however, 
are invited to comment in writing on this amendment. All written 
comments received will be considered in making subsequent amendments or 
revisions of 32 CFR Part 736 or the instructions on which it is based. 
Changes may be initiated on the basis of comments received. Written 
comments should be addressed to Lieutenant Commander James L. Roth, 
JAGC, USN, Head, Regulations and Legislation, FOIA/PA Branch, 
Administrative Law Division, Office of the Judge Advocate General (Code 
13), 1322 Patterson Ave SE., Suite 3000, Washington Navy Yard, DC 
20374-5066. It has been determined that this final rule is not a 
``significant regulatory action'' as defined in Executive Order 12866.

Executive Order 13132, Federalism

    It has been determined that this rule does not have sufficient 
Federalism implications to warrant the preparation of a Federalism 
Assessment. The provisions contained in this rule will have little or 
no direct effect on States or local governments.

Regulatory Flexibility Act

    This rule will not have a significant economic impact on a 
substantial number of small entities for purposes of the Regulatory 
Flexibility Act (5 U.S.C. Chapter 6).

Paperwork Reduction Act

    This rule does not impose collection of information requirements 
for purposes of the Paperwork Reduction Act (44 U.S.C. Chapter 35, 5 
CFR Part 1320).

List of Subjects in 32 CFR Part 736

    Government property, Surplus Government property.

    For the reasons set forth in the preamble, amend part 736 of title 
32 of the Code of Federal Regulations as follows:

PART 736--DISPOSITION OF PROPERTY

    1. The authority citation for part 736 is revised to read as 
follows:

    Secs. 5031, 6011, 70A Stat. 278, as amended; 10 U.S.C. 5031, 
6011. Interpret or apply R.S. 3618, 3678, 3709, 38 Stat. 1084, 44 
Stat. 605, 49 Stat. 885, 53 Stat. 811, 54 Stat. 396, 57 Stat. 380, 
59 Stat. 260, sec. 27, 60 Stat. 856, sec. 5, 60 Stat. 998, sec. 4, 
62 Stat. 286, secs. 7(c), 8(a-b), 62 Stat. 452, 63 Stat. 377, 64 
Stat. 1109, 65 Stat. 645, 68 Stat. 832, sec. 501(c)(3), 68A Stat. 
163, secs. 2481, 2541, 2542, 2571-2574, 2662, 2667, 6155, 6156, 
6901, 7227, 7228, 7230, 7304-7308, 7541-7547, 7601-7604, 70A Stat. 
141, sec. 5003, 72 Stat. 1252, 72 Stat. 1793, sec. 616, 73 Stat. 
381, as amended; 31 U.S.C. 487, 628, 41 U.S.C. 5, 31 U.S.C. 686, 
686a, 40 U.S.C. 304a, 50 U.S.C. 98-98h, 22 U.S.C. 521, 44 U.S. C. 
366-380, 42 U.S.C. 1572, 24 U.S.C. 37, 20 U.S.C. 77d, 15 U.S.C. 328, 
49 U.S.C. 1156(c), 1157(a-b), 40 U.S.C. 471 et seq., 42 U.S.C. 1855-
1855g, 22 U.S.C. 1611-1613c, 1750 et seq., 26 U.S.C. 501(c)(3), 10 
U.S.C. 2481, 2541, 2542, 2571-2574, 2662, 2667, 6155, 6156, 6901, 
7227, 7228, 7230, 7304-7308, 7541-7547, 7601-7604, 38 U.S.C. 5003, 
42 U.S.C. 1891-1893, 40 U.S.C. 483a, E.O. 10885, 25 FR 8471, 40 
U.S.C. 471; 40 U.S.C. 486; 10 U.S.C. 2576; 33 U.S.C. 1401; Pub. L. 
No. 96-41 (50 U.S.C. 98); Pub. L. No. 93-288 (42 U.S.C. 5121).

    2. In Sec. 736.1, revise the last sentence of the introductory 
paragraph and paragraph (c) to read as follows:


Sec. 736.1  General.

    * * * In general, property of the Department of the Navy, which 
becomes excess to its needs, may not be disposed of to the general 
public until it has been determined to be surplus after screening such 
property with the other military departments of the Department of 
Defense and all other agencies of the Government, and after it has been 
offered for donation to educational institutions, and law enforcement 
and marine research activities.
* * * * *
    (c) The Department of Defense Material Disposition Manual and 
directives issued by the Department of the Navy cover the disposition 
of all property of the Department including disposition under the 
Federal Property Act. The Defense Material Disposition Manual is 
available on the internet at www.drms.dla.mil. Section XXIV of Navy 
Procurement Directives contains similar information applicable to the 
disposition of contractor inventory. These publications are available 
for inspection at the offices of the Commandants of the several Naval 
Districts; and at various Navy and Marine Corps installations.

    3. In Sec. 736.3, revise paragraph (b)(1) to read as follows:


Sec. 736.3  Sale of personal property.

* * * * *
    (b) * * *
    (1) The Department of Defense has a contact point for any person 
interested in purchasing surplus Department of Defense personal 
property within the United States. The contact point is the Defense 
Surplus Bidders Control Office, Defense Reutilization and Marketing 
Office, Federal Center Building, Battle Creek, Michigan. This office 
maintains a single bidders list for all military departments. The list 
is arranged to show each person's buying interests, both geographically 
and with respect to categories of property. The categories of property 
(together with an application blank) are listed in a pamphlet ``How to 
Buy Surplus Personal Property From The Department of Defense,'' 
prepared by the Defense Reutilization and Marketing Office, Defense 
Logistics Agency, Battle Creek, Michigan.
* * * * *

    4. Amend Sec. 736.5 as follows:
    a. In paragraphs (d) and (f)(2) remove the words ``Naval Ship 
Systems Command'' and add, in their place, the words ``Naval Sea 
Systems Command''.
    b. In paragraph (f)(2) remove the words ``Defense Disposal Manual'' 
and add, in their place, the words ``Defense Material Disposition 
Manual''.
    c. In paragraph (h) remove the words ``act of December 31, 1970 (42 
U.S.C. 4401-4485)'' and add, in their place, the words ``Disaster 
Relief Act of 1974 (Pub. L. No. 93-288)'' and remove the words 
``Director of the Office of Emergency Preparedness'' and add, in their 
place, the words ``Federal Emergency Management Agency''.
    d. Revise paragraph (e) to read as follows:


Sec. 736.5  Disposition of real and personal property under special 
statutory authority.

* * * * *
    (e) Exchange of property for replacement purposes. Under the 
authority of section 201(c) of the Federal Property Act (40 U.S.C. 
481(c)) and consistent with Department of Defense implementing 
regulations, DOD 4140.1-R and the Defense Federal Acquisition 
Regulation Supplement, the Department of the Navy is authorized in the 
acquisition of new equipment, to exchange similar items which are not 
excess to its needs, and apply the exchange allowance in whole or part 
payment for the items purchased.
* * * * *

    Dated: August 24, 2000.
C.G. Carlson,
Major, U.S. Marine Corps, Alternate Federal Register Liaison Officer.
[FR Doc. 00-22445 Filed 9-1-00; 8:45 am]
BILLING CODE 3810-FF-U