2022 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

2Use ‘‘Army,’’ ‘‘Navy-Marine Corps,’’ ‘‘Air

Force,’’ or ‘‘Coast Guard,’’ as applicable.

jurisdiction (where applicable) took the

following action: llllll. The case was

received for review pursuant to Article 69 on

(date).

3. In review, pursuant to Uniform Code of

Military Justice, Article 66, it is requested

that action be taken with respect to the

following issues:

[set out issues here]

lllllllllllllllllllll

The Judge Advocate General

Received a copy of the foregoing Direction

for Review this llllll (date).

lllllllllllllllllllll

Appellate Government Counsel

lllllllllllllllllllll

Address and telephone number

lllllllllllllllllllll

Appellate Defense Counsel

lllllllllllllllllllll

Address and telephone number

Appendix B to Part 150—Format for

Assignment of Errors and Brief on

Behalf of Accused (§ 150.15)

In the United States llllll2 Court of

Criminal Appeals

United States v. lllllllllllll

(Full typed name, rank, service, & service

number of accused), Appellant

Assignment of Errors and Brief on Behalf of

Accused Case No. llll

Tried at (location), on (date(s)) before a (type

of court-martial) appointed by (convening

authority)

To the Honorable, the Judges of the United

States llllll Court of Criminal

Appeals

Statement of the Case

[Set forth a concise summary of the

chronology of the case, including the general

nature of the charges, the pleas of the

accused, the findings and sentence at trial,

the action by the convening authority, and

any other pertinent information regarding the

proceedings.]

Statement of Facts

[Set forth those facts necessary to a

disposition of the assigned errors, including

specific page references and exhibit numbers.

Answers may adopt appellant’s or

petitioner’s statement of facts if there is no

dispute, may state additional facts, or, if

there is a dispute, may restate the facts as

they appear from appellee’s or respondent’s

viewpoint. The repetition of uncontroverted

matters is not desired.]

Errors and Argument

[Set forth each error alleged in upper case

letters, followed by separate arguments for

each error. Arguments shall discuss briefly

the question presented, citing and quoting

such authorities as are deemed pertinent.

Each argument shall include a statement of

the applicable standard of review, and shall

be followed by a specific prayer for the relief

requested.]

Appendix

[The brief of either party may include an

appendix containing copies of unpublished

opinions cited in the brief, and extracts of

statutes, rules or regulations pertinent to the

assigned errors.]

lllllllllllllllllllll

(Signature of counsel)

lllllllllllllllllllll

Name (and rank) of counsel, address and

telephone number

Certificate of Filing and Service

I certify that a copy of the foregoing was

mailed or delivered to the Court and

opposing counsel on (date).

lllllllllllllllllllll

Name (rank) (and signature)

lllllllllllllllllllll

Address and telephone number

llllllllll (Date)

Dated: January 9, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–890 Filed 1–14–97; 8:45 am]

BILLING CODE 5000–04–M

GENERAL SERVICES

ADMINISTRATION

41 CFR Chapter 101

[FPMR Temp. Reg. H–29]

RIN 3090–AF95

Criteria for Reporting Excess Personal

Property

AGENCY: Office of Policy, Planning and

Evaluation, GSA.

ACTION: Temporary regulation.

SUMMARY: This regulation establishes

revised criteria for reporting excess

personal property to GSA, substantially

reduces utilization screening time,

raises the dollar threshold for direct

transfers, and updates addresses

associated with reporting excess

personal property. The regulation is

intended to relieve Federal agencies of

certain reporting requirements and

reduce the time required by agencies to

hold property for utilization and

donation screening.

DATES: Effective date: January 15, 1997.

Expiration date: January 15, 1998.

FOR FURTHER INFORMATION CONTACT:

Martha Caswell, Personal Property

Management Policy Division (202–501–

3828).

SUPPLEMENTARY INFORMATION: The

General Services Administration (GSA)

has determined that this rule is not a

significant rule for the purposes of

Executive Order 12866.

REGULATORY FLEXIBILITY ACT: This rule is

not required to be published in the

Federal Register for notice and

comment. Therefore, the Regulatory

Flexibility Act does not apply.

Authority: Sec. 205(c), 63 Stat. 390 (40

U.S.C. 486(c)).

In 41 CFR Chapter 101, an appendix,

containing temporary regulation H–29,

is added at the end of Subchapter H to

read as follows:

Appendix to Subchapter H—Temporary

Regulations

Federal Property Management Regulations

Temporary Regulation H–29

TO: Heads of Federal agencies

SUBJECT: Criteria for reporting excess

personal property

1. Purpose. This regulation establishes

revised criteria for reporting excess personal

property to GSA, reduces utilization

screening time, raises the dollar threshold for

direct transfers, and updates addresses

associated with reporting excess personal

property.

2. Effective date. This regulation is

effective January 15, 1997.

3. Expiration date. This regulation expires

January 15, 1998.

4. Applicability. This regulation applies to

all executive agencies.

5. Background.

a. Certain excess property is reportable to

GSA by executive agencies for the purpose of

maximizing opportunities for utilization.

Property which is reported to GSA is

afforded regional and nationwide visibility

by inclusion in GSA’s automated property

disposal system—the Federal Disposal

System (FEDS). Once an item is in the FEDS

nationwide inventory of excess and surplus

property, agencies can determine the

availability of property by phoning the

supporting GSA regional office, obtaining a

copy of the FEDS inventory listing, or by

accessing an electronic bulletin board within

FEDS containing the nationwide inventory—

Screen by Computer and Request Excess by

Electronic Notification (SCREEN)

b. GSA’s major personal property

management customers have requested relief

from reporting requirements by reducing the

number of items of excess property to be

reported. GSA is granting these requests

provided such reductions do not result in an

appreciable decline in overall transfer

volumes of excess personal property. GSA

conducted a study to assess the potential

impact of reduced reporting requirements.

The analysis showed that over 70 percent of

the dollar value of property transferred

represented Federal supply classification

(FSC) groups which would continue to be

reported to GSA as excess under the new

reporting requirements.

c. Changes to the reporting criteria will be

reexamined after an implementation period

of 1 year to determine their net effect on

overall business volumes. A significant

decline in the utilization rate (dollar value of

property transfers divided by dollar value of

property generations) would be sufficient

justification for modifying or rescinding the

regulation.
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2023

d. GSA provided approval to the

Department of Defense on July 20, 1994, to

implement throughout its nationwide

network of Defense Reutilization and

Marketing Offices (DRMO’s) a streamlined

disposal concept known as single cycle

processing. Under this concept, utilization

screening time of excess property reported to

GSA is reduced from 60 to 21 calendar days.

Federal respondents to a follow-up customer

survey indicated that 21 calendar days is

sufficient time for screening Department of

Defense excess property. A study group

consisting of GSA and Federal and State

representatives recommended that reduced

screening time also be applied to civilian

agency excess property.

6. Definitions. For purposes of this

regulation, the following definitions apply:

a. ‘‘Reportable property’’ means personal

property that is required to be reported to

GSA in accordance with FPMR 101–43.304

prior to disposal.

b. ‘‘Nonreportable property’’ means any

personal property that does not meet the

reporting criteria set forth in FPMR 101–

43.304, and therefore is not required to be

reported formally to GSA, but which is

available locally for Federal transfer or

donation.

7. Explanation of changes.

a. Section 101–42.205 is amended by

removing paragraph (b) and redesignating

paragraph (c) as paragraph (b) and revising it

to read as follows:

§ 101–42.205 Exceptions to reporting.

(a) * * *

(b) When EPA, under its authorities,

transfers accountability for hazardous

materials to Federal, State, and local

agencies, to research institutions, or to

commercial businesses to conduct research

or to perform the actual cleanup of a

contaminated site, the item shall not be

reported.

b. Section 101–42.402 is amended by

revising paragraphs (a), (b), and (c) and

adding paragraph (d) to read as follows:

§ 101–42.402 Reporting hazardous

materials for sale.

* * * * *

(a) Reportable property. Personal property

which is reportable property and is identified

as hazardous must be reported to a GSA

regional office for utilization screening in

accordance with § 101–42.204. If, after

reporting to GSA, the hazardous materials are

not transferred or donated, in accordance

with Subparts 101–42.2 through 101–42.3

and 101–42.11, the hazardous materials will

be programmed for sale by GSA, unless

advised otherwise by the holding agency in

accordance with Part 101–45, without further

documentation from the holding agency.

(b) Nonreportable property. Under § 101–

42.202, holding agencies are required to

identify and label hazardous materials.

Listings of personal property which is

nonreportable property and is identified as

hazardous must be made available to GSA

area utilization officers for local utilization

and donation screening in accordance with

§ 101–42.204 and § 101–42.205. If property

has not been reported and is to be sold by

GSA, it must be reported to GSA for sale on

Standard Form 126, Report of Personal

Property for Sale, or by automated means

which GSA is capable of accepting.

(c) Certification and Description. The SF

126 shall contain a certification, executed by

a duly authorized agency official, in block

16c or as an addendum, that the item has

been clearly labeled and packaged as

required in § 101–42.202(e) and 101–42.204.

The SF 126 shall also contain or be

accompanied by a full description of the

actual or potential hazard associated with

handling, storage, or use of the item. Such

description shall be furnished by providing:

(1) An MSDS or copy thereof; or

(2) A printed copy of the record,

corresponding to the hazardous material

being reported, from the automated HMIS; or

(3) A written narrative, included in either

block 16c or as an addendum, which

complies with the requirements of 29 CFR

1910.1200.

(d) Property not subject to GSA screening.

Hazardous material which may not be

reported to GSA in accordance with § 101–

42.204 and § 101–42.205 shall not be

reported to GSA for sale unless GSA agrees

to conduct such sale.

c. Section 101–43.001–30 is revised to read

as follows:

§ 101–43.001–30 Screening period.

Screening period means:

(a) For reportable personal property of a

civilian agency, the screening period is

normally a period of 21 calendar days from

the day following receipt of the automated

report in FEDS or receipt of the manually

completed report in the appropriate GSA

office to and including the day specified as

the surplus release date. For reportable

property that is reported by a military

activity during a period of property

accumulation prior to a period of formal

utilization screening, the screening period

normally extends from the date of reporting

to a period of 21 calendar days from the day

following the date of the end of the

accumulation.

(b) For civilian nonreportable property, the

screening period is normally a period of 21

calendar days from the day the property is

made available by the holding agency for

screening as excess. For military

nonreportable property that undergoes a

period of accumulation prior to a period of

utilization screening, the screening period is

normally the same as for reportable property.

d. Section 101–43.001–34 is added to read

as follows:

§ 101–43.001–34 Unit cost.

Unit cost means the original acquisition

cost of a single item of property.

e. Section 101–43.302 is amended by

revising paragraph (c) to read as follows:

§ 101–43.302 Agency responsibility.

* * * * *

(c) GSA will assist agencies in meeting

their requirements for nonreportable

property. Federal agencies requiring such

property should contact the appropriate GSA

regional office indicated in § 101–43.4802.

GSA area utilization officers, stationed at key

excess generating points throughout the

United States, screen and offer nonreportable

property as it becomes available for transfer.

* * * * *

f. Section 101–43.304–1 is amended by

revising paragraph (a) to read as follows:

§ 101–43.304–1 Reporting.

(a) Reportable property enumerated by the

Federal supply classification (FSC) groups

and classes, acquisition cost, and condition

codes in § 101–43.4801 shall be reported

promptly to GSA with descriptions in

sufficient detail to permit transfer or sale

without further reference to the holding

agency. In the absence of these descriptions,

adequate commercial descriptions shall be

substituted. Exceptions to these reporting

requirements are covered in § 101–43.305.

Whenever possible, the national stock

number (NSN) shall be provided as part of

the description. It is essential that the excess

personal property report reflect the true

condition of the property as of the date it is

reported excess through assignment of the

appropriate disposal condition code

designation as defined in § 101–43.4801(e).

Each Department of Defense excess personal

property report must also contain the

appropriate supply condition code as defined

in § 101–43.4801(f), including reports of

contractor inventory so far as practicable.

When available from property records,

civilian agencies shall also include the

appropriate supply condition code in excess

personal property reports. To expedite

processing, reports may be submitted up to

60 calendar days prior to the actual date of

property availability, provided that the report

clearly indicates this pending status and

reflects the date on which the property will

be determined excess.

* * * * *

g. Section 101–43.304–2 is amended by

revising paragraph (b) to read as follows:

§ 101–43.304–2 Form and distribution of

reports.

* * * * *

(b) The SF 120 and SF 120A shall be

submitted in an original and three copies.

Reporting by ADP media shall be as specified

and approved by GSA. Reports shall be

directed to the GSA regional office for the

region in which the property is located (see

§ 101–43.4802). However, reports of fixedwing and rotary-wing aircraft shall be

submitted to the General Services

Administration (9FB), San Francisco, CA

94102.

h. Section 101–43.304–4 is revised to read

as follows:

§ 101–43.304–4 Property at installations

due to be discontinued.

Executive agencies that have installations

which are due to be discontinued, closed, or

abandoned and at which there will be excess

personal property shall, unless inadvisable in

the interest of national security, give advance

notice of such situations as early as possible

by letter to the appropriate GSA regional

office. In such cases, agencies shall identify

the installations to be discontinued, provide

the scheduled date for the removal of

personnel from the location, and specify the
2024 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

last date when the personal property will be

needed. As soon as possible after filing the

advance notice, the excess personal property

shall be reported in accordance with § 101–

43.304–1 to provide time for screening for

Federal utilization and donation purposes,

within forty-two calendar days when

possible.

i. Section 101–43.305 is revised to read as

follows:

§ 101–43.305 Nonreportable property and

property not subject to GSA screening.

(a) Nonreportable property must be locally

screened only, and it need not be reported to

GSA for nationwide utilization screening.

Such property is a valuable source of supply

for Federal agencies; therefore, GSA regional

offices and GSA area utilization officers are

responsible for local screening of such

property, for making it available to Federal

agencies, and for its expeditious transfer.

Holding agencies shall cooperate with GSA

representatives in making information

available and in providing access to

nonreportable property. Federal agency

employees shall be permitted access to

holding installations for screening purposes

upon presentation of a valid Federal agency

employee’s identification card.

(b) A listing of nonreportable property,

providing the extended value in acquisition

cost dollars of each line item and the total

number of line items on the listing, must be

made available to GSA area utilization

officers for local utilization and donation

screening. Agencies that have computer

records of their excess/surplus personal

property are encouraged to report

nonreportable property electronically, in lieu

of submitting hardcopy listings. Agencies

that are not able to report nonreportable

property electronically, and have

nonreportable property which is to be sold by

GSA if it survives utilization and donation

screening, are encouraged to report that

property on a Standard Form (SF) 120, in lieu

of an excess listing, to eliminate the need to

submit SF 126, Report of Personal Property

for Sale, after the completion of donation

screening.

(c) In accordance with paragraph (d) of this

section, certain kinds of property are not

covered by the GSA utilization screening

process. Such property is neither reportable

property nor nonreportable property. It is the

responsibility of the owning agency to screen

such property and make reasonable efforts to

obtain utilization among other Federal

agencies. Although not required to do so,

GSA may assist in the screening and transfer

of such property when requested to do so by

the owning agency or when otherwise

directed by GSA.

(d) Unless otherwise directed by GSA, the

following general categories of excess

personal property are excepted from the GSA

utilization screening process and shall not be

reported to GSA for nationwide

circularization nor made available to GSA

area utilization officers for local screening:

(1) Perishables, defined for the purposes of

this section as any foodstuffs which are

subject to spoilage or decay;

(2) Property dangerous to public health and

safety;

(3) Scrap, except aircraft in scrap

condition, provided the property strictly

conforms to the definitions for scrap found

at § 101–43.001–29;

(4) Property determined by competent

authority to be classified or otherwise

sensitive for reasons of national security;

(5) Controlled substances in which case

solicitation shall be limited to those agencies

authorized for transfer under § 101–42.1102–

3 provisions;

(6) Reportable property which, prior to

reporting as required in § 101–43.304, is

transferred directly between Federal agencies

as provided in § 101–43.309–5(a) or by

prearrangement with GSA to fill a known

need;

(7) Trading stamps and bonus goods (see

§ 101–25.103–4);

(8) Nonappropriated fund property;

(9) Nuclear Regulatory Commissioncontrolled materials (see § 101–42.1102–4

and 10 CFR Parts 30 through 35, 40, and 70.);

and

(10) Hazardous waste and items

determined by the holding agency to be

extremely hazardous (see § 101–42.402).

§ 101–43.307–7 [Amended]

j. Section 101–43.307–7 is amended by

removing paragraph (a) and redesignating

paragraph (b) as new paragraph (a) and

paragraph (c) as new paragraph (b).

k. Section 101–43.307–12 is amended by

revising paragraphs (c), (d), (e), and (f) to read

as follows:

§ 101–43.307–12 Shelf-life items.

* * * * *

(c) Reportable shelf-life items which have

a remaining useful life of 6 weeks or more

before reaching the expiration date shall be

reported as excess in accordance with § 101–

43.304. Agencies may, at their option, also

report shelf-life items which are

nonreportable property. The report shall

identify the items in the description as shelflife items by carrying the designation symbol

‘‘SL’’ and by showing the expiration date. If

the item has an extendable-type expiration

date, there shall also be furnished an

indication as to whether the expiration date

is the original or an extended date.

(d) Normally, items reported in accordance

with paragraph (c) of this section, including

medical shelf-life items held for national

emergency purposes, will be given a surplus

release date effective 21 calendar days from

the date following the day the property was

reported. This date may be shortened or

extended according to utilization objectives

and the remaining useful shelf life. However,

GSA offices will screen shelf life items for

both reportable property and nonreportable

property to permit their use before the shelf

life expires and the items are unfit for human

use.

(e) Nonreportable shelf-life items which

have a remaining useful life of 6 weeks or

more before reaching the expiration date

shall be made available for use by other

Federal agencies as provided in § 101–

43.305. Agency documents listing such items

shall show the expiration date and, in the

case of items with an extendable expiration

date, shall indicate whether the expiration

date is the original or an extended date.

When such items are determined excess, a

surplus release date shall be established by

the holding agency providing a minimum of

21 calendar days for utilization screening,

unless determined otherwise by GSA. With

the approval of GSA, the surplus release date

may be extended by the holding agency when

the items are selected by an authorized

screener for transfer or are set aside by a GSA

representative for potential or actual transfer.

For controlled substances (as defined in

§ 101–42.001), each executive agency shall

comply with § 101–42.1102–3.

(f) Shelf-life items which have a remaining

useful life of less than 6 weeks, regardless of

classification as reportable property or

nonreportable property, shall be made

available for utilization by other Federal

agencies in the manner provided in

paragraph (e) of this section.

* * * * *

1. Section 101–43.307–13 is revised to read

as follows:

§ 101–43.307–13 Medical shelf-life items

held for national emergency purposes.

(a) Whenever the head of an executive

agency determines that the remaining storage

or shelf-life of medical materials or supplies

held for national emergency purposes is of

too short duration to justify their continued

retention for such purposes and that their

transfer or disposal would be in the best

interest of the United States, those materials

or supplies shall be considered to be

nonreportable property unless otherwise

directed by GSA. To the greatest extent

practicable, the above determination shall be

made at such time as to ensure that such

medical materials or supplies can be

transferred or otherwise disposed of in

sufficient time to permit their use before their

shelf-life expires and the items are unfit for

human use.

(b) Excess medical shelf-life items

regardless of the remaining useful life shall

be made available for use by other Federal

agencies as provided in § 101–43.305. Each

agency may also report excess medical shelflife items to enhance the possibility of

utilization through increased circularization.

The excess report shall identify items as

medical shelf-life items held for national

emergency purposes by carrying the

designating symbol ‘‘MSL’’ in the description

of the report and by showing the shelf-life

expiration date. Information shall also be

furnished regarding whether the expiration

date is the original or the extended date.

Further, whenever medical shelf-life items

held for national emergency purposes are

reported as excess, any specialized storage

requirements pertaining to the items listed

thereon shall be noted on the report.

(c) When such items are determined

excess, a surplus release date shall be

established by the holding agency in

accordance with § 101–43.311–2. For

controlled substances (as defined in § 101–

42.001), each executive agency shall comply

with § 101–42.1102–3.

(d) Transfers among Federal agencies of

medical materials and supplies held for

national emergency purposes and determined

to be excess shall be accomplished in

accordance with § 101–43.309, except that

such transfers shall be made upon such terms
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2025

and prices as shall be agreed to by the

Federal agencies concerned. Proceeds from

such transfers may be credited to the current

applicable appropriation or fund of the

transferring agency and shall be available

only for the purchase of medical materials or

supplies for national emergency purposes.

m. Section 101–43.309–2 is amended by

revising paragraphs (b) and (d) to read as

follows:

§ 101–43.309–2 Information on availability.

* * * * *

(b) Review of an electronic bulletin board

called FEDS/SCREEN (Federal Disposal

System/Screen by Computer and Request

Excess by Electronic Notification) which

contains information on GSA’s nationwide

inventory of excess and surplus property;

* * * * *

(d) Submission of current and future

requirements for excess personal property to

the appropriate GSA regional office using

GSA Form 1539, Request for Excess Personal

Property, illustrated at § 101–43.4902–1539.

Instructions for submission of requirements

may be obtained from any GSA regional

office. Wherever possible, the NSN should be

included for each item requested. GSA will

assist agencies in obtaining NSN’s to the

extent practicable. If substitute items are

acceptable, these should also be identified by

NSN. Requirements for NSN items may be

submitted electronically. If not currently

available as excess, property requirements

identified by NSN’s will be retained for

approximately 180 calendar days. Property

reported excess during this time, if matched

with recorded requirements, will be offered

for immediate transfer. Agencies should

update their lists of items at the end of each

180-calendar-day period to retain visibility in

the requirements bank.

n. Section 101–43.309–5 is amended by

revising paragraph (a) to read as follows:

§ 101–43.309–5 Procedure for effecting

transfers.

(a) All transfers of excess personal property

between Federal agencies shall be by SF 122,

Transfer Order Excess Personal Property (see

§ 101–43.4901–122), or any other transfer

order form approved by GSA. Automated

requests on approved forms and automated

requests generated by FEDS/SCREEN may be

used for excess personal property transfers.

However, Federal agencies using automated

requests shall ensure that document numbers

are controlled and records maintained

indicating the official authorized to approve

property transfers. Except for automated

transfer orders generated by FEDS/SCREEN,

each transferee agency shall forward the

original and three copies of the transfer order

to the appropriate GSA regional office (see

§ 101–43.4802) for approval. A SF 120 is not

required in addition to SF 122 for direct

transfers. Prior approval by GSA is not

required when the appropriate GSA regional

office is furnished an information copy of

each direct transfer order by the transferor

agency within 10 workdays from receipt of

the order, and the property involved in the

given transaction is:

(1) Reportable property under § 101–43.304

but has not yet been reported to GSA, the

total acquisition cost of the transfer order

does not exceed $10,000, and the owning

agency’s regulations relative to internal

distribution have been satisfied; or

(2) Nonreportable property under § 101–

43.305 and has not been reserved at the

holding location for special screening by the

appropriate GSA regional office, and the total

acquisition cost of the transfer order does not

exceed $50,000.

* * * * *

o. Section 101–43.311–1 is revised to read

as follows:

§ 101–43.311–1 Reportable property.

(a) Excess personal property, which is

reported to GSA in accordance with § 101–

43.304 and not transferred to other Federal

agencies shall become surplus at the close of

business on the surplus release date, which

is indicated on the report of excess personal

property to GSA. With the exception of

aircraft and vessels, the surplus release date

will normally be 21 calendar days from the

day after GSA receives the report of the

excess personal property. The surplus release

date for aircraft, and for vessels 1,500 gross

tons and under in FSC Group 19, will be 60

calendar days from the day after GSA

receives the report of excess in the

appropriate GSA regional office.

(b) GSA may expedite screening by

shortening the period of utilization screening

for items individually or by FSC class which

have a history of little demand. GSA may

extend the screening period to adequately

screen large generations or specialized items.

The appropriate GSA regional office will

coordinate surplus release date changes with

the reporting activity to minimize impact on

the utilization and disposal process.

Agencies may not shorten or lengthen

screening periods on their own.

p. Section 101–43.311–2 is amended by

revising paragraph (a) and removing

paragraph (c) to read as follows:

§ 101–43.311–2 Nonreportable property.

(a) Nonreportable property shall become

surplus when it has been made available by

the holding agency for Federal use for a

minimum of 21 calendar days from the date

made available for screening to Federal

agencies, unless determined otherwise by

GSA, and has not been selected for transfer

by another Federal agency. Holding agencies

shall annotate property records with the date

of the agency excess determination.

Authorized Federal agency representatives

may request and, with the approval of GSA,

holding agencies will grant additional

screening time not to exceed 30 calendar

days, unless otherwise agreed upon by the

holding agency and the GSA regional office

concerned. GSA may shorten or lengthen the

screening time.

* * * * *

q. Section 101–43.314 is amended by

revising paragraph (b)(2)(iv) to read as

follows:

§ 101–43.314 Use of excess personal

property on grants.

* * * * *

(b) * * *

(2) * * *

(iv) Excess scientific equipment transferred

pursuant to section 11(e) of the National

Science Foundation Act of 1950, as amended

(42 U.S.C. 1870(e)). GSA will consider items

of personal property as scientific equipment

for transfer without reimbursement to the

National Science Foundation (NSF) for use

by a project grantee when the property

requested is within FSC groups 12 (Fire

Control Equipment), 14 (Guided Missiles), 43

(Pumps and Compressors), 48 (Valves), 58

(Communication, Detection, and Coherent

Radiation Equipment), 59 (Electrical and

Electronic Equipment Components), 65

(Medical, Dental, and Veterinary Equipment

and Supplies), 66 (Instruments and

Laboratory Equipment), 67 (Photographic

Equipment), 68 (Chemicals and Chemical

Products), or 70 (General Purpose

Information Processing Equipment (Including

Firmware), Software, Supplies, and Support

Equipment). GSA will give consideration to

transfer without reimbursement of items of

excess property in other FSC groups when

NSF certifies the item requested is a

component of or related to a piece of

scientific equipment or is an otherwise

difficult-to-acquire item needed for scientific

research. Items of property determined by

GSA to be common use or general purpose

property, regardless of classification, shall

not be transferred to NSF for use by a project

grantee without reimbursement.

* * * * *

r. Section 101–43.4801 is amended by

revising paragraphs (a) through (d) to read as

follows:

§ 101–43.4801 Excess personal property

reporting requirements.

(a) The table shown in paragraph (d) of this

section shows the excess personal property

Federal Supply Classification (FSC) groups

and classes comprising reportable property.

Property in these groups and classes must be

reported to GSA when the following

condition code and dollar threshold criteria

are met:

(1) With the exception of aircraft, the

condition code as defined in paragraph (e) of

this section is salvage or better. Fixed-wing

and rotary-wing aircraft, airframe structural

components, and aircraft engines, as

specified in paragraph (b) of this section, are

reportable regardless of condition in

accordance with § 101–43.304–2.

(2) The unit cost, measured in acquisition

dollars, is $5,000 or more.

(b) With respect to aircraft and aircraft

components and accessories:

(1) As indicated in the table in paragraph

(d) of this section, line items in FSC classes

1510, 1520, 1560, 2810, 2840, or any class in

FSC group 16 shall be reported. In agencies

other than the Department of Defense, all line

items in these classes shall be reported

regardless of condition code when dollar

criteria are met. For the Department of

Defense, aircraft in FSC class 1510 which are

in the Cargo/Transport, Observation, Antisub, Trainer, or Utility series, all aircraft in

FSC class 1520, and line items in other

classes which are components of these

aircraft shall be reported regardless of

condition code when dollar criteria are met.
2026 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

(2) Items in FSC classes 1510 and 1520

held by the Department of Defense or other

agencies shall be reported to the General

Services Administration (9FB), San

Francisco, California 94102.

(c) All excess Government-owned

information technology (IT) equipment and

software, as defined in Subpart 101–43.6,

shall be disposed of in accordance with the

provisions of that Subpart.

(d) The following table shows FSC groups

and classes which comprise reportable

property: o

FSC group FSC class Noun name

15 ............................... 1510 ........ Aircraft, fixed wing.

1520 ........ Aircraft, rotary wing.

1560 ........ Airframe, structural components.

16 ............................... All ............ Aircraft components and accessories.

18 ............................... All ............ Space vehicles.

19 ............................... All ............ Ships, small craft, pontoons, and floating docks (All but vessels over 1500 gross tons).

22 ............................... All ............ Railway equipment.

23 ............................... All ............ Ground effect vehicles, motor vehicles, trailers, and cycles.

24 ............................... All ............ Tractors.

28 ............................... 2805 ........ Gasoline, reciprocating engines, except aircraft.

2810 ........ Gasoline, reciprocating engines, aircraft.

2815 ........ Diesel engines and components.

2840 ........ Gas turbines and jet engines.

32 ............................... All ............ Woodworking machinery and equipment.

34 ............................... All ............ Metalworking machinery.

35 ............................... All ............ Service and trade equipment.

36 ............................... All ............ Special industry machinery (all but 3690 Specialized ammunition and ordinance machinery and related

equipment).

37 ............................... All ............ Agricultural machinery and equipment.

38 ............................... All ............ Construction, mining excavating, and highway maintenance equipment.

39 ............................... All ............ Materials handling equipment.

42 ............................... All ............ Fire fighting, rescue, and safety equipment.

43 ............................... All ............ Pumps and compressors.

49 ............................... 4910 ........ Motor vehicle maintenance and repair shop specialized equipment.

4920 ........ Aircraft maintenance and repair shop specialized equipment.

4930 ........ Lubrication and fuel dispensing equipment.

4935 ........ Guided missile maintenance, repair, and checkout specialized equipment.

4940 ........ Miscellaneous maintenance, and repair shop specialized equipment.

4960 ........ Space vehicle maintenance, repair, and checkout specialized equipment.

54 ............................... All ............ Prefabricated structures and scaffolding.

61 ............................... All ............ Electric wire and power and distribution equipment.

66 ............................... All ............ Instruments and laboratory equipment.

71 ............................... All ............ Furniture.

73 ............................... All ............ Food preparation and serving equipment.

* * * * * s. Section 101–43.4802 is revised to read as

follows:

§ 101–43.4802 Regional office addresses

and assigned areas.

Region and office address Regional areas

National Capital Region, 470 L’Enfant Plaza East, SW., Suite 8100,

Washington, DC 20407.

District of Columbia, Maryland (Prince Georges and Montgomery

Counties only).

Virginia (Prince William, Loudoun, Fairfax and Arlington Counties, and

the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park only).

1—General Services Administration, O’Neill Federal Office Building,

Massachusetts, 10 Causeway Street, Boston, MA 02222.

Connecticut, Maine, New Hampshire, Rhode Island, Vermont.

2—General Services Administration, Jacob K. Javits Federal Building,

26 Federal Plaza, New York, NY 10278.

New Jersey, New York, Commonwealth of Puerto Rico, Virgin Islands.

3—General Services Administration, Wannamaker Building, 100 Penn

Square East, Philadelphia, PA 19107.

Delaware, Maryland, Pennsylvania, Virginia, West Virginia.

4—General Services Administration, 410 West Peachtree Street, Atlanta, GA 30365.Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,

South Carolina, Tennessee.

5—General Services Administration, 230 South Dearborn Street, Chicago, IL 60604.Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin.

6—General Services Administration, 4400 College Blvd., Suite 175,

Overland Park, KS 66211.

Iowa, Kansas, Missouri, Nebraska.

7—General Services Administration, 819 Taylor Street, Fort Worth, TX

76102.

Arkansas, Louisiana, New Mexico, Oklahoma, Texas.

8—General Services Administration, Building 41, Denver Federal Center, Denver, CO 80225.Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming.

9—General Services Administration, 450 Golden Gate Avenue, San

Francisco, CA 94102.

Arizona, California, Hawaii, Nevada, Pacific Ocean Areas.

10—General Services Administration, 400 15th Street, SW., Auburn,

WA 98001.

Alaska, Idaho, Oregon, Washington.
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2027

t. Section 101–44.109 is amended by

revising paragraphs (a) and (b) to read as

follows:

§ 101–44.109 Donation screening period.

(a) Unless otherwise directed by GSA, a

period of 21 calendar days following the

surplus release date (see § 101–43.001–32)

shall be provided to set aside surplus

reportable and nonreportable property

determined to be usable and necessary for

donation purposes in accordance with the

provisions of Subparts 101–44.2, 101–44.4,

and 101–44.5. Reportable surplus property

will be set aside for donation when a

Standard Form 123, with an informational

copy to the holding activity, is submitted to

a GSA regional office for approval within the

donation screening period. Nonreportable

property will be set aside for donation upon

notification to a holding activity within the

donation screening period by a responsible

Federal official, a State agency

representative, or an authorized donee

representative that the property is usable and

necessary for donation purposes.

(b) During the prescribed 21-day donation

screening period, Standard Forms 123 will be

processed by GSA regional offices in the

following sequence:

(1) Department of Defense personal

property which is reportable surplus will be

reserved for public airport donation during

the first 5 calendar days of the donation

screening period and for service educational

activities (SEA’s) during the next 5 calendar

days. During the remaining portion of the

donation screening period, the property will

be available on an equal basis to all

applicants.

(2) Executive agency personal property,

other than personal property of the

Department of Defense, which is reportable

surplus will be reserved for public airport

donation during the first 5 calendar days of

the donation screening period. During the

remaining portion of the donation screening

period, the property will be available on an

equal basis to all applicants. This property is

not available for donation to SEA’s.

(3) All executive agency personal property

which is nonreportable surplus will be made

available for donation on an equal basis to all

applicants. SEAs are not eligible for donation

of nonreportable surplus of executive

agencies other than the Department of

Defense.

* * * * *

u. Section 101–45.303 is amended by

revising paragraphs (a) and (b) to read as

follows:

§ 101–45.303 Reporting property for sale.

* * * * *

(a) Reportable surplus. Reportable surplus,

if not donated, will be programmed for sale

by the GSA regional office unless the holding

agency indicates on their reports of excess

personal property that they elect to sell their

own property.

(b) Nonreportable surplus. Nonreportable

surplus, if not donated, shall be reported to

the appropriate GSA regional office on

Standard Form 126, Report of Personal

Property for Sale (illustrated at § 101–

45.4901–126) if GSA is to sell the property.

Standard Form 126A, Report of Personal

Property for Sale (Continuation Sheet), shall

be added if additional pages are required.

Standard Forms 126 and 126A are stocked as

five-part carbon interleaved forms and may

be obtained by submitting a requisition in

FEDSTRIP/MILSTRIP format to the GSA

regional office providing support to the

requesting activity.

8. Effect on other directives. This

regulation modifies portions of regulations

appearing at Parts 101–42 through 101–45

that pertains to the reporting and screening

process for property determined to be excess

to an agency’s needs.

Dated: September 5, 1996.

David J. Barram,

Acting Administrator of General Services.

[FR Doc. 97–574 Filed 1–14–97; 8:45 am]

BILLING CODE 6820–24–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 90

[PR Docket Nos. 92–235 and 92–257; FCC

96–492]

Private Land Mobile Radio Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration.

SUMMARY: The Commission has adopted

a Memorandum Opinion and Order

(MO&O) which addresses issues and

concerns raised in twenty-four petitions,

five oppositions, and three replies,

requesting that we reconsider or clarify

various decisions and technical rules

adopted in the Report and Order (R&O)

in PR Docket No. 92–235. This MO&O

also addresses a petition for

reconsideration filed in PR Docket No.

92–257 regarding the shared use of

industrial/land transportation and

maritime public correspondence

frequencies. Consistent with our

objective of increasing the efficiency of

the PLMR frequency bands this MO&O

clarifies our decisions in the R&O, and

where necessary, makes appropriate

modifications to the rules. This MO&O

maintains the channel plan adopted in

the R&O, but also permits frequency

coordinators to recommend frequencies

for any technology with lesser

bandwidth, provided that interference is

not caused to other systems.

Additionally, the Commission extends

the first transition date for the type

acceptance of narrowband equipment

from August 1, 1996, to February 14,

1997, and retains the second transition

date of January 1, 2005. Further, the

Commission clarifies the rules regarding

type acceptance to provide greater

flexibility for manufacturers to support

existing equipment and, where

appropriate, to provide alternatives to

our efficiency standards. Finally, the

Commission clarifies a variety of

technical rules including, but not

limited to, those pertaining to new

power/antenna height limits, the

emission mask, and frequency stability

requirements.

EFFECTIVE DATE: February 14, 1997.

FOR FURTHER INFORMATION CONTACT: Ira

Keltz of the Wireless

Telecommunications Bureau at (202)

418–0680 or via E-Mail at

mayday@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order, FCC

96–492, adopted December 23, 1996,

and released December 30, 1996. The

full text of this Memorandum Opinion

and Order is available for inspection

and copying during normal business

hours in the FCC Reference Center

(Room 239) 1919 M Street, NW,

Washington, DC. The complete text may

be purchased from the Commission’s

copy contractor, ITS, Inc., 2100 M Street

NW, Suite 140, Washington, DC 20037,

telephone (202) 857–3800.

Summary of Order

1. The R&O (60 FR 37152, July 19,

1995) provided the private land mobile

radio (PLMR) community with a

regulatory framework that promotes

efficient use of spectrum, increases

technical flexibility, enhances the

deployment of new technologies, and

promotes a competitive and robust

marketplace for product development.

In this action, the Commission clarifies

its decisions in the R&O and where

necessary, makes appropriate

modifications to the rules.

2. In the R&O, the Commission

adopted a channel plan based on 7.5

kHz channel spacing in the 150–174

MHz VHF band and 6.25 kHz channel

spacing in the 421–430 MHz, 450–470

MHz, and 470–512 MHz UHF bands.

Flexibility is provided to licensees by

permitting them to aggregate up to four

narrowband channels to employ

spectrum efficient wideband

technology. Additionally, licensees are

provided with a simple migration path

because they will be able to remain on

their currently assigned center

frequencies and can continue to use

existing equipment while they upgrade

to new equipment.

3. Several petitioners ask the

Commission to reconsider the new

channel plan and instead adopt a

channel plan based on 5 kHz channel

spacing claiming that the Commission’s