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.

Proposed Rules Federal Register

3481

Vol. 63, No. 15

Friday, January 23, 1998

DEPARTMENT OF AGRICULTURE

Office of Procurement and Property

Management

7 CFR Part 3200

RIN 0500–AA00

Uniform Procedures for the

Acquisition and Transfer of Excess

Personal Property

AGENCY: Office of Procurement and

Property Management, USDA.

ACTION: Notice of proposed rule making.

SUMMARY: The proposed rulemaking sets

forth uniform procedures for the

acquisition and transfer of excess

personal property to the 1890 Land

Grant Institutions (including Tuskegee

University), the 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 section 923 of the Federal

Agriculture Improvement and Reform

Act (FAIR) of 1996 (Pub. L. No. 104–

127), 7 U.S.C. 2206a.

DATES: Comments are due by February

23, 1998.

ADDRESSES: Send your comments to

Linda W. Oliphant, U.S. Department of

Agriculture, Office of Procurement and

Property Management (OPPM), Property

Management Division, (PMD), Room

1520 South Building, 1400

Independence Avenue, SW.,

Washington, DC 20250.

FOR FURTHER INFORMATION CONTACT:

Denise R. Hayes or Linda W. Oliphant,

U.S. Department of Agriculture, Office

of Procurement and Property

Management, Property Management

Division, Room 1520 South Building,

1400 Independence Avenue, SW.,

Washington, DC 20250, (202) 720–3141.

SUPPLEMENTARY INFORMATION: Section

923 of the FAIR Act, 7 U.S.C. 2206a,

authorizes the Secretary of Agriculture

to convey title to excess personal

property, with or without monetary

compensation to the 1994 Institutions

(as defined in section 532 of the Equity

in Educational Land-Grant Status Act of

1994, 7 U.S.C. 301 note); to any

Hispanic-Serving Institution (as defined

in section 316(b)) of the Higher

Education Act of 1965, 20 U.S.C.

1059c(b); and to any college or

university eligible to receive funds

under the Act of August 30, 1890, 7

U.S.C. 321 et seq., including Tuskegee

University. Pursuant to the authority

provided in section 923 USDA proposes

to add part 3200 to title 7 of Code of

Federal Regulations to establish uniform

procedures for the acquisition and

transfer of excess personal property to

the designated institutions. This

document includes not only the

Department of Agriculture (USDA)

procedures to implement 7 U.S.C.

2206a, but draws upon the General

Services Administration (GSA)

regulations concerning the disposal of

excess personal property.

Paperwork Reduction

The information collection and

recordkeeping requirements to

implement these procedures have been

cleared by the Office of Management

and Budget (OMB), under 0505–0019, in

accordance with the Paperwork

Reduction Act, 44 U.S.C. 3500 et seq.

Classification

This proposed rule was reviewed

under Executive Order 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.

Regulatory Flexibility

The Department of Agriculture

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.

Executive Order 12988

The proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. The proposed rule meets

the applicable standards in section 3 of

Executive Order 12988.

List of Subjects in 7 CFR Part 3200

Excess government property,

Government property, Government

property management.

For the reasons set forth in the

preamble, the Department of Agriculture

proposes to establish chapter XXXII in

title 7 of the Code of Federal

Regulations to read as follows:

CHAPTER 32—OFFICE OF PROCUREMENT

AND PROPERTY MANAGEMENT,

DEPARTMENT OF AGRICULTURE

Part 3200 Department of Agriculture

guidelines for the acquisition and transfer

of excess personal property

3201—3299 [Reserved]

PART 3200—DEPARTMENT OF

AGRICULTURE GUIDELINES FOR THE

ACQUISITION AND TRANSFER OF

EXCESS PERSONAL PROPERTY

Sec.

3200.1 Purpose.

3200.2 Eligibility.

3200.3 Definitions.

3200.4 Procedures.

3200.5 Dollar limitation.

3200.6 Restrictions.

3200.7 Title.

3200.8 Costs.

3200.9 Accountability and recordkeeping.

3200.10 Disposal.

3200.11 Liabilities and losses.

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

§ 3200.1 Purpose.

This part sets forth the procedures to

be utilized by USDA, Office of

Procurement and Property Management

(OPPM) in the 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. Title to

the personal property shall pass to the

institution.

§ 3200.2 Eligibility.

Institutions that are eligible to receive

Federal excess personal property
3482 Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Proposed Rules

pursuant to the provision of this part are

the 1890 Land Grant Institutions

(including Tuskegee University), 1994

Land Grant Institutions, and the

Hispanic-Serving Institutions

conducting research, educational,

technical, and scientific activities or

related programs.

§ 3200.3 Definitions.

(a) 1890 Land grant institutions—any

college or university eligible to receive

funds under the Act of August 30, 1890

(7 U.S.C. 321 et.seq.), including

Tuskegee University.

(b) 1994 Land grant institutions—any

of the tribal colleges or universities as

defined in Section 532 of the Equity in

Educational Land-Grant Status Act of

1994.

(c) Hispanic-serving institutions—

institutions of higher education as

defined in section 316(b) of the Higher

Education Act of 1965 (20 U.S.C. 1059c

(b)).

(d) Property management officer—is

an authorized Department of

Agriculture or institution official

responsible for property management.

(e) Screener—is an individual

designated by an eligible institution and

authorized by the General Services

Administration (GSA) to visit property

sites for the purpose of inspecting

personal property intended for use by

the institution.

(f) Excess personal property—is any

personal property under the control of

a Federal agency that is no longer

needed.

(g) Cannibalization—is the

dismantling of equipment for parts to

repair or enhance other equipment.

§ 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,

Accountable Utilization Officer. All

property management officers of eligible

institutions will be placed on the

Department of Agriculture’s mailing list

for information on the availability of

property. USDA excess property first

will be screened by USDA agencies

through the Departmental Excess

Personal Property Coordinator (DEPPC)

using the PMIS/PROP system.

(b) Excess property selected by

screeners of eligible institutions should

be inspected whenever possible, or the

holding agency should be contacted to

verify the condition of the items,

because interpretation of condition

codes varies among agencies.

(c) If the condition of the item is

acceptable, the institution should

‘‘freeze’’ (reserve) items by calling the

appropriate GSA office or USDA’s

Departmental Excess Personal Property

Coordinator (DEPPC). Items are usually

allocated on a ‘‘first come-first serve

basis.’’ Since GSA may have several

‘‘freezes’’ on a piece of equipment, it is

critical that the paperwork be submitted

as soon as possible.

(d) Property requests are submitted by

mail or fax on a Standard Form 122,

‘‘Transfer Order Excess Personal

Property,’’ with a written justification

statement explaining how the property

will be used for research, educational,

technical, or scientific activity or for

related programs.

(e) The SF–122 should be forwarded

to USDA, OPPM/PMD for approval. As

confirmation of approval, the

institution’s Property Management

Officer will receive a stamped copy of

the SF–122. If the request is

disapproved, it will be returned to the

Property Management Officer with an

appropriate explanation.

(f) Once the excess personal property

is physically received, the institution is

required to immediately return a copy of

the SF–122, to OPPM/PMD, indicating

receipt of requested items. Cancellations

should also be reported to OPPM/PMD.

Note: OPPM/PMD shall send an

informational copy of all USDA transactions

to GSA.

§ 3200.5 Dollar limitation.

There is no dollar limitation on excess

personal property obtained under these

procedures.

§ 3200.6 Restrictions.

(a) The Department’s authorized

official will approve the transfer of

excess personal property in the

following groups for 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.

Eligible

Federal

supply

code

groups

Name

12 ............. Fire Control Equipment.

19 ............. Ships, Small Crafts, Pontoons,

and Floating Docks.

22 ............. Railway Equipment.

23 ............. Vehicles, Motor Vehicles, Trailers and Cycles.

24 ............. Tractors.

26 ............. Tires and Tubes.

28 ............. Engines, Turbines and Components.

29 ............. Engine Accessories.

Eligible

Federal

supply

code

groups

Name

30 ............. Mechanical Power Transmission

Equipment.

31 ............. Bearings.

32 ............. Woodworking Machinery and

Equipment.

34 ............. Metal Working Machinery.

35 ............. Service and Trade Equipment.

36 ............. Special Industry Machinery.

37 ............. Agricultural Machinery and

Equipment.

38 ............. Construction, Mining, Excavating, and Highway Maintenance Equipment.

39 ............. Material Handling Equipment.

40 ............. Rope, Cable, Chain, and Fittings.

41 ............. Refrigeration, Air Conditioning

and Air Circulating Equipment.

42 ............. Fire Fighting, Rescue, and Safety Equipment.

43 ............. Pumps, Compressors.

44 ............. Furnace, Steam Plant, and Drying.

45 ............. Plumbing, Heating, and Sanitation Equipment; and Nuclear

Reactors.

46 ............. Water Purification and Sewage

Treatment Equipment.

47 ............. Pipe, Tubing, Hose, and Fittings.

49 ............. Maintenance and Repair Shop

Equipment.

51 ............. Hand Tools.

52 ............. Measuring Tools.

53 ............. Hardware and Abrasives.

54 ............. Prefabricated Structures and

Scaffolding.

55 ............. Lumber, Millwork, Plywood, and

Veneer.

56 ............. Construction and Building Materials.

58 ............. Communication, Detection, and

Coherent Radiation Equipment.

59 ............. Electrical and Electronic Equipment Components.

60 ............. Fiber Optics Materials, Components, Assemblies, and Accessories.

61 ............. Electric Wire, and Power and

Distribution Equipment.

62 ............. Lighting Fixtures and Lamps.

63 ............. Alarm, Signal, and Security Detection Systems.

65 ............. Medical, Dental, and Veterinary

Equipment and Supplies.

66 ............. Instruments and Laboratory

Equipment.

67 ............. Photographic Equipment.

69 ............. Training Aids and Devices.

70 ............. General Purpose Automatic

Data Processing Equipment

(Including Firmware), Software, and Support Equipment.

71 ............. Furniture.

72 ............. Household and Commercial Furnishings and Appliances.

73 ............. Food Preparation and Serving

Equipment.
Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Proposed Rules 3483

Eligible

Federal

supply

code

groups

Name

74 ............. Office Machines, Text Processing Systems and Visible

Record Equipment.

75 ............. Office Supplies and Devices.

76 ............. Books, Maps, and Other Publications.

77 ............. Musical Instruments, Phonographs, and Home-type Radios.

78 ............. Recreational and Athletic Equipment.

79 ............. Cleaning Equipment and Supplies.

80 ............. Brushes, Paints, Sealers, and

Adhesives.

81 ............. Containers, Packaging and

Packing Supplies.

83 ............. Textiles, Leather, Furs, Apparel

and Shoe Findings, Tents,

and Flags.

84 ............. Clothing, Individual Equipment

and Insignia.

85 ............. Toiletries.

87 ............. Agricultural Supplies.

88 ............. Live Animals.

91 ............. Fuels, Lubricants, Oils and

Waxes.

93 ............. Nonmetallic Fabricated Materials.

94 ............. Nonmetallic Crude Materials.

95 ............. Metal Bars, Sheets, and

Shapes.

96 ............. Ores, Minerals and Their Primary Products.

99 ............. Miscellaneous.

Note: Requests for items in FSC Groups

other than the above shall be referred to the

Director of OPPM for consideration and

approval.

(b) Excess personal property may be

transferred for the purpose of

cannibalization, provided the institution

submits a supporting statement which

clearly indicates that cannibalizing the

requested property for secondary use

has greater benefit than utilization of the

item in its existing form.

§ 3200.7 Title.

Title to excess personal property

obtained under part 3200 will

automatically pass to the 1890 Land

Grant Institutions (including Tuskegee

University), 1994 Land Grant

Institutions, and the Hispanic-Serving

Institutions once OPPM/PMD receives

the SF–122 indicating that the

institution has received the property.

§ 3200.8 Costs.

Excess personal property under this

law is free of charge. However, the

institution must pay all costs associated

with packaging and transportation. The

institution should specify the method of

shipment on the SF–122.

§ 3200.9 Accountability and

recordkeeping.

USDA requires that Federal excess

personal property received by an

eligible institution pursuant to this Part

shall be placed into use for a research,

educational, technical, or scientific

activity or for related purpose within 1

year of receipt of the property and used

for such purpose for at least 1 year

thereafter. The institution’s Property

Management Officer must maintain

accountable records identifying the

property’s location, description,

utilization and value. The use of excess

Federal personal property received

under this part is subject to inspection

by an authorized representative of

USDA at all reasonable times.

§ 3200.10 Disposal.

When the property is no longer

needed by the institution, it may be

used in support of other Federal projects

or sold and the proceeds used for

research, educational technical, and

scientific activities or for related

programs of the recipient institution.

§ 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 personal property

transferred under this Part.

PARTS 3201–3299—[RESERVED]

W. R. Ashworth,

Director, Office of Procurement and Property

Management.

[FR Doc. 98–1506 Filed 1–22–98; 8:45 am]

BILLING CODE 3410–XE–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–ANE–45–AD]

RIN 2120–AA64

Airworthiness Directives; Pratt &

Whitney JT8D Series Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to Pratt

& Whitney JT8D series turbofan engines.

This proposal would require a one-time

visual and eddy current inspection of

certain stage 3–4 low pressure

compressor (LPC) disks and stage 7–12

high pressure compressor (HPC) disks

identified by part number and serial

number, for arc burns in tie rod,

shielding, and pressure balance holes,

and, if necessary, repair of tie rod holes.

This proposal is prompted by reports of

improper fixturing during the

electrolytic cleaning process of certain

compressor disks at a certified repair

station, Avial, currently Greenwich Air

Services Inc., certificate number

RA1R445K of Dallas, Texas, that can

result in damage to the disks in the form

of arc burns. The actions specified by

the proposed AD are intended to

prevent compressor disk cracking from

arc burns in tie rod holes, shielding

holes, or pressure balance holes, which

could lead to a fracture of a compressor

disk, resulting in uncontained release of

engine fragments, inflight engine

shutdown, and airframe damage.

DATES: Comments must be received by

February 23, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 97–ANE–

45–AD, 12 New England Executive Park,

Burlington, MA 01803–5299. Comments

may also be sent via the Internet using

the following address: ‘‘9–ad–

engineprop@faa.dot.gov’’. Comments

sent via the Internet must contain the

docket number in the subject line.

Comments may be inspected at this

location between 8:00 a.m. and 4:30

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Greenwich Air Services, 9311 Reeves

Street, Dallas TX 75235–2095; telephone

(214) 956–5310, fax (214) 956–5523.

This information may be examined at

the FAA, New England Region, Office of

the Regional Counsel, 12 New England

Executive Park, Burlington, MA.

FOR FURTHER INFORMATION CONTACT:

Christopher Spinney, Aerospace

Engineer, Engine Certification Office,

FAA, Engine and Propeller Directorate,

12 New England Executive Park,

Burlington, MA 01803–5299; telephone

(781) 238–7175, fax (781) 238–7199.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before