[Federal Register Volume 68, Number 249 (Tuesday, December 30, 2003)]
[Rules and Regulations]
[Pages 75107-75108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32013]



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 Rules and Regulations
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  Federal Register / Vol. 68, No. 249 / Tuesday, December 30, 2003 / 
Rules and Regulations  

[[Page 75107]]



DEPARTMENT OF AGRICULTURE

7 CFR 3200

RIN 0599-AA10


Office of Procurement and Property Management (OPPM); Uniform 
Procedures for the Acquisition and Transfer of Excess Personal Property

AGENCY: Office of Procurement and Property Management.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Procurement and Property Management of the 
Department of Agriculture (USDA) proposes to amend its procedures for 
the acquisition and transfer of excess personal property to 1994 
Institutions (as defined in section 532 of the Equity in Education Land 
Grant Status Act of 1994 (Pub. L. 103-382; 7 U.S.C. 301 note)); any 
Hispanic-Serving Institution (as defined in section 316(b) of the 
Higher Education Act of 1965 (20 U.S.C. 1059c(b)); and any college/
university eligible to receive funds under the Act of August 30, 1890 
(7 U.S.C. 321 et seq.), including Tuskegee University, in support of 
research, educational, technical, and scientific activities or for 
related programs. This amendment would clarify administrative rules 
regarding equipment transfer and reduce the administrative burden 
placed on the Institutions.

DATES: This rule is effective March 1, 2004 without further action, 
unless we receive written adverse comments or written notice of intent 
to submit adverse comments on or before January 29, 2004. If we receive 
adverse comments, the Office of Procurement and Property Management 
will publish a timely withdrawal of the rule in the Federal Register.

ADDRESSES: Comments should be sent to USDA, OPPM, PMD, 1400 
Independence Ave., SW., Mail Stop 9304, Washington, DC 20250.

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

    This direct final rule amends the final rule which was published in 
the Federal Register at 63 FR 57233-57236, Oct. 27, 1998.

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 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. 2500, et seq.

III. Electronic Access Addresses

    You may send electronic mail (E-mail) to [email protected] or 
contact us via fax at (202) 720-3339.

CHAPTER 32--OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT

PART 3200--DEPARTMENT OF AGRICULTURE GUIDELINES FOR THE ACQUISITION 
AND TRANSFER OF EXCESS PERSONAL PROPERTY

0
1. The authority citation for part 3200 continues to read as follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 2206a.

0
2. Amend Sec.  3200.4 by revising paragraphs (a), (d) and (e)(2) to 
read as follows:


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, Area Utilization Officer. For 
information on USDA excess personal property, visit the USDA Web site 
at http://www.nfc.usda.gov/propexcs. USDA excess property will first be 
screened by USDA agencies through the Departmental Excess Personal 
Property Coordinator (DEPPC) using the Departmental Property Management 
Information System.
* * * * *
    (d) Eligible institutions may submit property requests by mail or 
fax on a Standard Form 122, ``Transfer Order Excess Personal 
Property''.
    (e)(1) * * *
    (2) This statement needs to be added following the property 
description:

    ``The property requested hereon is certified to be used in 
support of research, educational, technical, and scientific 
activities or for related programs. This transfer is requested 
pursuant to the provisions of Section 923 Pub. L. 104-127 (7 U.S.C. 
2206a). Also, in accordance with these provisions USDA authorizes 
transfer of title of this property to the college/university/
institution.''
* * * * *
0
3. Amend Sec.  3200.6 by revising paragraph (a), redesignating 
paragraphs (b) and (c) as (c) and (d), and adding a new paragraph (b) 
to read as follows:


Sec.  3200.6  Restrictions.

    (a) Property in the following Federal Supply Groups are prohibited 
from transfer.

[[Page 75108]]



                  Ineligible Federal Supply Code Groups
------------------------------------------------------------------------
                 FSC Group                              Name
------------------------------------------------------------------------
10........................................  Weapons.
11........................................  Nuclear ordinance.
13........................................  Ammunition and explosives.
14........................................  Guided missiles.
18........................................  Space vehicles.
------------------------------------------------------------------------

    (b) The property in the FSC's listed below are discouraged from 
transfer and not approved on a routine basis. However, Institutions may 
request items in these FSC groups, but all requests will be referred to 
the Director, Office of Procurement and Property Management for 
consideration and approval:

 
------------------------------------------------------------------------
                 FSC Group                              Name
------------------------------------------------------------------------
15........................................  Aircraft and airframe
                                             structural components.
16........................................  Aircraft components and
                                             accessories.
17........................................  Aircraft launching, landing
                                             and ground handling
                                             equipment.
20........................................  Ship and marine equipment.
------------------------------------------------------------------------

* * * * *
0
4. Revise Sec.  3200.10 to read as follows:


Sec.  3200.10  Disposal.

    Once the requirements in Sec.  3200.9 are met for retention and use 
of property by the Institution and title is transferred, Federal excess 
personal property (FEPP) no longer needed by an Institution will be 
disposed of in accordance with the Institution's disposal practices. 
Regardless of ownership, FEPP must never be disposed of in any manner 
which is detrimental or dangerous to public health or safety. Also, any 
costs incurred during the disposal process are the responsibility of 
the Institution.

    Done at Washington, DC, this 22nd day of December, 2003.
W. R. Ashworth,
Director, Office of Procurement and Property Management.
[FR Doc. 03-32013 Filed 12-29-03; 8:45 am]
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