[Federal Register Volume 76, Number 94 (Monday, May 16, 2011)]
[Proposed Rules]
[Pages 28188-28191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11601]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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. 76, No. 94 / Monday, May 16, 2011 / Proposed 
Rules  

[[Page 28188]]



DEPARTMENT OF AGRICULTURE

7 CFR Part 3201

RIN 0599-AA13


Office of Procurement and Property Management; Guidelines for the 
Transfer of Excess Computers or Other Technical Equipment Pursuant to 
Section 14220 of the 2008 Farm Bill

AGENCY: Office of Procurement and Property Management, USDA.

ACTION: Proposed rule.

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SUMMARY: The Office of Procurement and Property Management (OPPM) of 
the U.S. Department of Agriculture (USDA) proposes to establish and 
implement procedures for the transfer of excess computers or other 
technical equipment for the purposes of distribution to a city, town, 
or local government entity in a rural area.

DATES: Interested parties should submit comments on or before July 15, 
2011 to be considered in the formulation of a final rule.

ADDRESSES: You may submit comments, identified by RIN 0599-AA13, by any 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include RIN 
0599-AA13 in the subject line of the message.
     Fax: (202) 720-8972.
     Mail: USDA, OPPM, PMD, Attn: Michael R. Johnson, 300 7th 
Street, SW. Suite 316, Washington, DC 20024.
     Hand Delivery/Courier: Reporter's Building, 300 7th 
Street, SW., Washington, DC.
     Instructions: All submissions received must include the 
agency name and RIN 0599-AA13 for this proposed rulemaking. Please 
include your name, company name (if applicable) e-mail address and/or 
phone number where you can be contacted if additional clarification is 
required on your comment(s).

FOR FURTHER INFORMATION CONTACT: Mr. Michael R. Johnson, Office of 
Procurement and Property Management, USDA on (202) 720-9779 or by mail 
at USDA, OPPM, PMD, 300 7th Street, SW., Suite 316, Washington, DC 
20024. Please cite RIN 0599-AA13.

SUPPLEMENTARY INFORMATION:

A. Background

    7 U.S.C. 2206b Availability of excess and surplus computers in 
rural areas, states that in addition to any other authority, the 
Secretary of Agriculture may make available to an organization excess 
or surplus computers or other technical equipment of the Department of 
Agriculture for the purposes of distribution to a city, town, or local 
government entity in a rural area (as defined in section 7 U.S.C. 
1991(a)(13)(A) of this title). It should be noted that, although 7 
U.S.C. 2206b gives the Secretary of Agriculture this authority, 
activities authorized under this section are in addition to, and would 
not replace, activities conducted under other existing authorities of 
the Secretary with regard to property disposal. Other authorities 
include: 7 CFR 2812, 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); and 7 CFR 3200, 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. Although computers and other technical 
equipment are available under all three programs, this program targets 
all cities, towns and local government entities in rural areas, whereby 
the other authorities are targeted to educational institutions, or 
certain non-profit organizations, only. USDA plans to use this 
authority to make available excess computers or other technical 
equipment to an organization that is able to refurbish such equipment 
for the purposes of distribution to a city, town or local government 
entity, including independent school districts, in rural areas. USDA's 
preference under this program is for organizations that refurbish the 
equipment to donate such equipment to cities, towns and local 
government entities in rural areas, including rural schools, libraries 
and city halls in need.
    USDA's goals for this authority are to: make computers available in 
classrooms to assist in giving children the education needed in today's 
technical environment; assist rural areas with their planning, 
coordination, and implementation of community and economic development 
programs by using modern technology; use the equipment to support 
training, business plan development, community outreach and other 
productive activities designed to establish or improve services to the 
public therefore promoting and improving economic development in the 
rural areas.
    USDA agencies will designate an official who will approve transfers 
under this part as well as function as the point of contact. Eligible 
recipients will contact a USDA office to get information on the 
availability of needed or other closely matched USDA excess computers 
or other technical equipment. Eligible recipients will be notified if 
USDA has excess computers or other technical equipment available that 
would fulfill their needs. The eligible recipient will send a letter to 
the USDA office with information regarding the request for the excess. 
This information submission will be subject to the Paperwork Reduction 
Act information collection notice included in this proposed rule. The 
USDA agency official will perform a review of the request to establish 
eligibility of the recipient and the availability of excess computers 
or other technical equipment. The USDA agency official will inform the 
requestor of the outcome of the review. The selected recipient may then 
work with the designated organization of its choosing to determine the 
schedule for receipt and refurbishing of any donated computer or 
technical equipment. Transfers will be accomplished using a USDA form 
that will be filled out by USDA and which must be signed by an 
authorized official of the USDA agency and an official of the eligible 
recipient. Eligible recipients are responsible for following up with 
the organization they have designated, for the final receipt of the 
property. The city, town, local government entity or organization must 
pay any costs

[[Page 28189]]

associated with packaging and transportation of the property.

B. Executive Order Number 12866

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866 and therefore has not been reviewed 
by the Office of Management of Budget.

C. 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. The impact of this 
regulation will be primarily limited to rural towns and government 
entities. The Department estimates that 400 eligible entities will 
submit requests for donated equipment annually. As small businesses are 
not considered eligible entities under this regulation, the rule will 
not have a significant impact on the small business community or on a 
substantial number of small businesses. The Department invites comment 
on its estimates for the potential impact of this rulemaking on small 
businesses.

D. Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and any 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for USDA/DM, 
Washington, DC 20250. Please state that your comments refer to RIN 
0599-AA13. Please send a copy of your comments to: RIN 0599-AA13, USDA, 
OPPM, PMD, 300 7th Street, SW., Suite 316, Washington, DC 20024. A 
comment to OMB is best assured of having its full effect if OMB 
receives it within 60 days of publication of this proposed rule.
    Title: Guidelines for Transfer of Excess Computers and Technical 
Equipment.
    OMB Control Number: 0505-New.
    Type of Request: New information collection.
    Expiration Date: 3 years from date of approval.
    Abstract: Under this proposed rule USDA requires eligible 
recipients to express their interest in receiving property by 
submitting a request which must include: (1) Type of excess computers 
or other technical equipment requested; (2) Justification for 
eligibility; (3) Contact information of the requestor; (4) Logistical 
information such as when and how the property will be picked up; and 
(5) Information on the organization that is designated to receive the 
property for the eligible recipient.
    USDA is requesting approval from OMB for the use of this 
information collection in order to ensure that excess computers or 
other technical equipment are transferred to eligible recipients only 
and that the excess computers or other technical equipment is the type 
and kind the recipient can use.
    Estimate of burden: Public burden for this collection of 
information is estimated to average .167 hours per request.
    Respondents: Cities, towns, or local government entities in rural 
areas.
    Estimated annual number of respondents: 400.
    Estimated annual number of responses per respondent: 1.
    Estimated annual number of responses: 400.
    Estimated total annual burden on respondents: 67 hours.
    USDA is soliciting comments from the public (as well as affected 
agencies) concerning the proposed information collection and 
recordkeeping requirements. These comments will help:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of USDA agency functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the estimate of the burden of the 
proposed information collection;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond.

E. Executive Order 12630

    This proposed rule has been reviewed in accordance with Executive 
Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights, and does not contain 
policies that would have implications for these rights.

F. Executive Order 13132

    This proposed rule has been reviewed in accordance with Executive 
Order 13132, Federalism, and does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment. 
Provisions of this proposed rule will not have a substantial direct 
effect on States or their political subdivisions or on the distribution 
of power and responsibilities among the various government levels.

G. Unfunded Mandates Reform Act of 1995

    This proposed rule contains no Federal mandates under the 
regulatory provisions of Title II of the Unfunded Mandates Reform Act 
of 1995 (UMRA), and therefore a written statement is not required.

H. Executive Order 12372

    This proposed rule has been reviewed in accordance with Executive 
Order 12372, Intergovernmental review of Federal programs, and does not 
establish Federal financial assistance or direct Federal development 
with State and local governments, and is therefore outside the scope of 
Executive Order 12372, which requires intergovernmental consultation 
with State and local officials.

I. Executive Order 13175

    This proposed rule has been reviewed in accordance with Executive 
Order 13175, Consultation and Coordination With Indian Tribal 
Governments, and does not have Tribal implications or impose unfunded 
mandates with Indian Tribes.

J. E-Government Act Compliance

    USDA is committed to compliance with the E-Government Act, which 
requires Government agencies, in general, to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. This proposed rule requires one letter 
from requestors which can be sent electronically to USDA. USDA will 
continue to seek other avenues to increase electronically submitted 
information.

List of Subjects in 7 CFR 3201

    Computers, Excess, Excess computers, Excess government property, 
Government property, Other technical equipment, Personal property, 
Technical equipment.

    For the reasons set forth in the preamble, the Department of 
Agriculture proposes to add 7 CFR part 3201 as follows:

PART 3201--GUIDELINES FOR THE TRANSFER OF EXCESS COMPUTERS OR OTHER 
TECHNICAL EQUIPMENT PURSUANT TO SECTION 14220 OF THE 2008 FARM BILL

Sec.
3201.1 Purpose.
3201.2 Eligibility.
3201.3 Definitions.
3201.4 Procedures.
3201.5 Dollar limitation.
3201.6 Restrictions.
3201.7 Title.

[[Page 28190]]

3201.8 Costs.
3201.9 Accountability and recordkeeping.
3201.10 Disposal.
3201.11 Liabilities and losses.

    Authority: 7 U.S.C. 2206b.


Sec.  3201.1  Purpose.

    This part sets forth the procedures to be utilized by USDA when 
transferring excess USDA computers or other technical equipment to an 
organization for the purposes of distribution to a city, town, or local 
government entity in a rural area as authorized by 7 U.S.C. 2206b.


Sec.  3201.2  Eligibility.

    To be eligible under this part:
    (a) A city, town, or local government entity must be located in a 
rural area as defined in 7 U.S.C. 1991(a)(13)(A).
    (b) A designated organization must:
    (1) Have the documented capability to refurbish and distribute 
excess computers or other technical equipment;
    (2) Serve the interest of cities, towns, or local government 
entities in rural areas; and
    (3) Have been designated by an official of a city, town, or local 
government entity in a rural area to receive excess computers or other 
technical equipment under this part.


Sec.  3201.3  Definitions.

    Cannibalization means to remove serviceable parts from one item of 
equipment in order to install them on another item of equipment in 
order to repair or enhance its operability.
    City, town, or local government entity in a rural area as defined 
in 7 U.S.C. 1991(a)(13)(A) means any area other than:
    (1) A city or town that has a population of greater than 50,000 
inhabitants; and
    (2) Any urbanized area contiguous and adjacent to such a city or 
town described in paragraph (1) of this definition.
    Computers or other technical equipment means central processing 
units, laptops, desktops, computer mouses, keyboards, monitors, related 
peripheral tools (e.g., printers, modems, routers, servers, multimedia 
projectors, multifunctional devices, external hard drives) and fax 
machines. This term may also include computer software where the 
transfer of a license is permitted.
    Designated Organization means an organization that has been 
selected by an official of a city, town, or local government entity in 
a rural area to provide refurbishing services on donated computer and 
technical equipment.
    Excess means any property under the control of a USDA agency that 
is no longer required for that agency's or another USDA agency's needs, 
as determined by the agency head or designee.
    Property Management Officer (PMO) is an eligible recipient's 
designated point of contact, responsible for adherence to procedures 
described in this part.
    Recipient means a city, town, or local government entity located in 
a rural area as defined in 7 U.S.C. 1991(a)(13)(A) that may receive 
excess computers or other technical equipment under this part.
    Refurbish means to make `like new' by the process of major 
maintenance or minor repair of an item, either aesthetically or 
mechanically.


Sec.  3201.4  Procedures.

    (a) Each agency head will designate, in writing, an authorized 
official to approve transfers of excess computers or other technical 
equipment under this part consistent with the Department's policies on 
personal property management.
    (b) Excess computers or other technical equipment must first be 
internally screened to ensure it is not needed elsewhere in the 
Department.
    (c) To receive information concerning the availability of USDA 
excess computers or other technical equipment, an eligible recipient's 
PMO should contact any USDA office near to its location.
    (d) The USDA employee responsible for personal property, at the 
office contacted, will review the request for eligibility of the 
recipient and the availability of excess computers or other technical 
equipment. The USDA employee will inform the requestor of the outcome 
of the review (e.g. eligibility, the availability of excess computers 
or other technical equipment.
    (e) Eligible recipients will express their interest in receiving 
property under this part by submitting a request, on letterhead paper 
(electronic copy is acceptable), to a USDA authorized official. All 
requests must originate from, and be signed by, a representative of an 
eligible recipient city, town, or local government entity. Requests 
must include:
    (1) Type of excess computers or other technical equipment requested 
(should include specifications);
    (2) Justification for eligibility (see Sec.  3201.2);
    (3) Contact information of the requestor;
    (4) Logistical information such as when and how the property will 
be picked up; and
    (5) Information on the recipient's designated organization (company 
name, contact person and phone number) that is designated to receive 
and refurbish the property for the eligible recipient.
    (f) Excess computers or other technical equipment should be 
inspected before the property is transferred or the USDA agency should 
be contacted to verify the condition of the property.
    (g) If the condition of the property is acceptable, the recipient 
or its designated organization will coordinate with the USDA contact 
for transfer of the property. Since the USDA agency office may have 
several requests for property, it is critical that the recipient or its 
designated organization contact USDA as soon as possible. Property will 
usually be allocated on a first-come, first served basis, taking into 
account fair and equitable distribution of excess computers or other 
technical equipment to all eligible recipients.
    (h) Transfers will be accomplished using the appropriate USDA 
property transfer form. The transfer form must contain the following 
statement: ``Property listed on this form is being transferred pursuant 
to the provisions in 7 CFR Part 3201.'' The form must be signed by an 
authorized official of the USDA agency and an official of the recipient 
organization.
    (i) A copy of the request that transferred the property must be 
attached to the transfer order and kept in the USDA agency's files.
    (j) When property is transferred to a designated organization, a 
copy of the completed transfer document will be sent to the eligible 
recipient government entity for its records. Eligible recipients are 
responsible for following up with the designated organization they have 
designated for the final receipt of the property.
    (k) In cases where an agency receives competing requests for excess 
computers or other technical equipment, to the extent permitted by law, 
the agency shall give full consideration to such factors as national 
defense requirements, emergency needs, energy conservation, preclusion 
of new procurement, fair and equitable distribution, transportation 
costs, and retention of title in the Government.
    (l) Prior to transferring any property pursuant to this Act, the 
transferring agency must remove data from the excess computers or other 
technical equipment (memory or any kind of data storage device) 
according to accepted

[[Page 28191]]

sanitization procedures. To the maximum extent practicable, the 
transferring agency must remove data using a means that does not 
remove, disable, destroy, or otherwise render unusable the excess 
computers or other technical equipment or components. It is imperative 
that agencies take the necessary steps to ensure that no personal 
computer, server, external storage device, or related electronic 
component is transferred that might contain sensitive or confidential 
information. See Departmental Manual 3575-001, Security Controls in the 
System Life Cycle/System Development Life Cycle, for additional 
guidance.


Sec.  3201.5  Dollar limitation.

    There is no dollar limitation on excess computers or other 
technical equipment obtained under this part.


Sec.  3201.6  Restrictions.

    (a) Only an authorized USDA official may approve the transfer of 
excess computers or other technical equipment under this part.
    (b) Excess computers or other technical equipment may be 
transferred for the purpose of cannibalization, provided that the 
requestor submits a statement clearly indicating that cannibalization 
of the requested property will have greater benefit than utilization of 
the item in its existing form. Cannibalization is a secondary use of 
equipment and, therefore, these requests are considered subordinate to 
requests for primary use.
    (c) Organizations will only receive property for cannibalization 
when it has been specifically requested by the recipient and the 
cannibalized parts must only be used in computers or other technical 
equipment destined for eligible recipients.


Sec.  3201.7  Title.

    Title of ownership to excess computers or other technical equipment 
transferred under this part shall automatically pass to the recipient 
once the transferring agency and recipient or designated organization 
sign the transfer form indicating that the organization has received 
the property.


Sec.  3201.8  Costs.

    The organization must pay any costs associated with packaging and 
transportation of the property unless it has made other arrangements. 
The organization must remove property from the USDA agency's premises 
within 15 calendar days after being notified that the property is 
available for pickup, unless otherwise coordinated with the USDA 
agency. If the recipient decides prior to picking up or removing the 
property that it no longer wants the property, it must notify the USDA 
agency that approved the transfer request that the property is no 
longer needed.


Sec.  3201.9  Accountability and recordkeeping.

    (a) USDA requires all excess computers or other technical equipment 
received by an eligible recipient pursuant to this part be placed into 
use within one year of receipt of the property and used for at least 
one year thereafter. The recipient's PMO must maintain accountable 
records for such property during this time period.
    (b) GSA requires that all excess personal property given to non-
Federal recipients be reported each fiscal year. USDA agencies that 
transfer property under this part must report the transfers in their 
annual reports to OPPM and include both the recipient and organization 
names. OPPM will review the reports for accuracy, as well as fair and 
equitable distribution of the excess computers or other technical 
equipment, before submitting to GSA.


Sec.  3201.10  Disposal.

    When property received under this part is no longer needed by the 
recipient, it must be disposed of in an environmentally sound manner 
that is not detrimental or dangerous to public health or safety and in 
accordance with all Federal, state and local laws.


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 computers or 
other technical equipment transferred under this part. The recipient/
designated organization is advised to insure or otherwise protect 
itself and others as appropriate.

    Dated: May 6, 2011.
Lisa M. Wilusz,
Director.
[FR Doc. 2011-11601 Filed 5-13-11; 8:45 am]
BILLING CODE 3410-TX-P