[Title 31 CFR 11]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 31 - MONEY AND FINANCE: TREASURY]
[Part 11 - OPERATION OF VENDING FACILITIES BY THE BLIND ON FEDERAL PROPERTY UNDER THE CONTROL OF THE DEPARTMENT OF THE TREASURY]
[From the U.S. Government Printing Office]
31MONEY AND FINANCE: TREASURY12002-07-012002-07-01falseOPERATION OF VENDING FACILITIES BY THE BLIND ON FEDERAL PROPERTY UNDER THE CONTROL OF THE DEPARTMENT OF THE TREASURY11PART 11MONEY AND FINANCE: TREASURY
PART 11--OPERATION OF VENDING FACILITIES BY THE BLIND ON FEDERAL PROPERTY UNDER THE CONTROL OF THE DEPARTMENT OF THE TREASURY--Table of Contents
Sec.
11.1 Purpose.
11.2 Policy.
11.3 Definitions.
11.4 Establishing vending facilities.
11.5 Application for permit.
11.6 Terms of permit.
11.7 Enforcement procedures.
11.8 Reports.
Authority: 49 Stat. 1559, as amended by Act of Aug. 3, 1954, Pub. L.
83-565, 68 Stat. 663, as further amended by Pub. L. 93-516, 88 Stat.
1622, (20 U.S.C. 107).
Source: 58 FR 57560, Oct. 26, 1993, unless otherwise noted.
Sec. 11.1 Purpose.
This part contains policy and procedures to ensure the priority of
blind vendors in operating vending facilities on property controlled by
the Department of the Treasury. The provisions of this part apply to all
bureaus, the Departmental Offices and the Office of Inspector General.
Sec. 11.2 Policy.
Blind vendors licensed by State licensing agencies designated by the
Secretary of Education under the provisions of the Randolph-Sheppard Act
(20 U.S.C. 107 et seq.) shall be given priority in the location and
operation of vending facilities, including vending machines, on property
controlled by the Department of the Treasury, provided the location or
operation of such facility would not adversely affect the interests of
the United States. Treasury bureaus shall ensure that the collection and
distribution of vending machine income from vending machines on
Treasury-controlled property shall be in compliance with the regulations
set forth in 34 CFR 395.32. Blind vendors shall also be given priority
on Treasury-controlled property in the operation of cafeterias according
to 34 CFR 395.33.
Sec. 11.3 Definitions.
Terms used are defined in 34 CFR 395.1, except that as used in this
part, the following terms shall have the following meanings:
(a) Department of the Treasury controlled property means any Federal
building, land, or other real property owned, leased, or occupied by a
bureau or office of the Department of the Treasury, of which the
maintenance, operation, and protection is under the control of the
Department of the Treasury.
(b) The term bureau means any bureau or office of the Department of
the Treasury and such comparable administrative units as may hereafter
be created or made a part of the Department, and includes the
Departmental Offices and the Office of Inspector General. The ``head of
the bureau'' for the Departmental Offices is the Deputy Assistant
Secretary (Administration).
Sec. 11.4 Establishing vending facilities.
(a) Treasury bureaus shall not acquire a building by ownership,
rent, or lease, or occupy a building to be constructed, substantially
altered, or renovated unless it is determined that such buildings
contain or will contain a ``satisfactory site,'' as defined in 34 CFR
395.1(q), for the location and operation of a blind vending facility.
(b) In accordance with 34 CFR 395.31, Treasury bureaus shall provide
the appropriate State licensing agency with written notice of the
intention to acquire or otherwise occupy such building. Providing
notification shall be the responsibility of the bureau on-site property
management official.
Sec. 11.5 Application for permit.
Applications for permits for the operation of vending facilities
other than cafeterias shall be made in writing and submitted for the
review and approval of the head of the appropriate Treasury bureau or
that official's designee.
Sec. 11.6 Terms of permit.
Every permit shall describe the location of the vending facility,
including any vending machines located on other than facility premises,
and shall be subject to the following provisions:
(a) The permit shall be issued in the name of the applicant State
licensing agency which shall perform the responsibilities set forth in
34 CFR 395.35 (a);
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(b) The permit shall be issued for an indefinite period of time
subject to suspension or termination on the basis of compliance or
noncompliance with agreed upon terms.
(c) The permit shall provide that:
(1) No charge shall be made to the State licensing agency for normal
cleaning, maintenance, and repair of the building structure in and
adjacent to the vending facility areas;
(2) Cleaning necessary for sanitation; the maintenance of vending
facilities and vending machines in an orderly condition at all times;
the installation, maintenance, repair, replacement, servicing, and
removal of vending facility equipment shall be without cost to the
Department of the Treasury; and
(3) Articles sold at vending facilities operated by blind licensees
may consist of newspapers, periodicals, publications, confections,
tobacco products, foods, beverages, chances for any lottery authorized
by State law and conducted by an agency of a State within such State,
and other articles or services as are determined by the State licensing
agency, in consultation with the appropriate Treasury bureau, to be
suitable for a particular location. Such articles and services may be
dispensed automatically or manually and may be prepared on or off the
premises.
(d) The permit shall further provide that vending facilities shall
be operated in compliance with applicable health, sanitation, and
building codes or ordinances.
(e) The permit shall further provide that installation,
modification, relocation, removal, and renovation of vending facilities
shall be subject to the prior approval and supervision of the bureau on-
site property management officer of the appropriate Treasury bureau and
the State licensing agency; that costs of relocations initiated by the
State licensing agency shall be paid by the State licensing agency; that
costs of relocations initiated by a Treasury bureau shall be paid by the
Treasury bureau; and that all plumbing, electrical, and mechanical costs
related to the renovation of existing facilities shall be paid by the
appropriate Treasury bureau.
(f) The operation of a cafeteria by a blind vendor shall be covered
by a contractual agreement and not by a permit. The State licensing
agency shall be expected to perform under the same contractual
arrangement applicable to commercial cafeteria operators.
Sec. 11.7 Enforcement procedures.
(a) The State licensing agency shall attempt to resolve day-to-day
problems pertaining to the operation of the vending facility in an
informal manner with the participation of the blind vendor and the on-
site property management officials of the respective Treasury bureaus
who are responsible for the Treasury-controlled property.
(b) Unresolved disagreements concerning the terms of the permit, the
Act, or the regulations in this part and any other unresolved matters
shall be reported in writing to the State licensing agency supervisory
personnel by the bureau on-site supervisory property management official
in an attempt to resolve the issue.
Sec. 11.8 Reports.
This section establishes a Department of the Treasury reporting
requirement to comply with 34 CFR 395.38. At the end of each fiscal
year, each property managing bureau shall submit a report to the
Director, Office of Management Support Systems, Departmental Offices,
containing the elements set forth in 34 CFR 395.38. The Director, Office
of Management Support Systems, shall submit a consolidated report to the
Secretary of Education after the end of the fiscal year.