[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
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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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.
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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
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FSC Group Name
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10........................................ Weapons.
11........................................ Nuclear ordinance.
13........................................ Ammunition and explosives.
14........................................ Guided missiles.
18........................................ Space vehicles.
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(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:
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FSC Group Name
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15........................................ Aircraft and airframe
structural components.
16........................................ Aircraft components and
accessories.
17........................................ Aircraft launching, landing
and ground handling
equipment.
20........................................ Ship and marine equipment.
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* * * * *
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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