Debarment and Suspension (Nonprocurement) Requirements, 58175-58177 [05-19965]
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Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Proposed Rules
exploration of matters raised in the
comments.
§ 4.624
held?
When may further proceedings be
(a) Ordinarily, the determination of an
award will be made on the basis of the
written record. However, the
adjudicative officer may order further
proceedings, which will be held only
when necessary for full and fair
resolution of the issues and will be
conducted as promptly as possible.
(b) The adjudicative officer may order
further proceedings on his or her own
initiative or in response to a request by
you or by the Department or other
agency. A request for further
proceedings under this section must:
(1) Identify the information sought or
the disputed issues; and
(2) Explain why the additional
proceedings are necessary to resolve the
issues.
(c) As to issues other than substantial
justification (such as your eligibility or
substantiation of fees and expenses),
further proceedings under this section
may include an informal conference,
oral argument, additional written
submissions, pertinent discovery, or an
evidentiary hearing.
(d) The adjudicative officer will
determine whether the position of the
Department or other agency was
substantially justified based on the
administrative record of the adversary
adjudication as a whole.
§ 4.625 How will my application be
decided?
The adjudicative officer must issue a
decision on the application promptly
after completion of proceedings on the
application. The decision must include
written findings and conclusions on all
of the following that are relevant to the
decision:
(a) Your eligibility and status as a
prevailing party;
(b) The amount awarded, and an
explanation of the reasons for any
difference between the amount
requested and the amount awarded;
(c) Whether the position of the
Department or other agency was
substantially justified;
(d) Whether you unduly protracted
the proceedings; and
(e) Whether special circumstances
make an award unjust.
§ 4.626 How will an appeal from a decision
be handled?
(a) If the adjudicative officer is an
administrative law judge, you or the
Department or other agency may appeal
his or her decision on the application to
the appeals board that would have
jurisdiction over an appeal involving
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17:08 Oct 04, 2005
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58175
the merits of the proceeding. The appeal
will be subject to the same rules and
procedures that would apply to an
appeal involving the merits of the
proceeding. The appeals board will
issue the final Departmental or other
agency decision on the application.
(b) If the adjudicative officer is a
panel of appeals board judges, their
decision on the application is final for
the Department or other agency.
DEPARTMENT OF TRANSPORTATION
§ 4.627 May I seek judicial review of a final
decision?
DOT.
You may seek judicial review of a
final Departmental or other agency
decision on an award as provided in 5
U.S.C. 504(c)(2).
§ 4.628 How will I obtain payment of an
award?
(a) To obtain payment of an award
against the Department or other agency,
you must submit:
(1) A copy of the final decision
granting the award; and
(2) A certification that no party is
seeking review of the underlying
decision in the United States courts, or
that the process for seeking review of
the award has been completed.
(b) If the award is against the
Department:
(1) You must submit the material
required by paragraph (a) of this section
to the following address: Director, Office
of Financial Management, Policy,
Management and Budget, U.S.
Department of the Interior, Washington,
DC 20240.
(2) Payment will be made by
electronic funds transfer whenever
possible. A representative of the
Department will contact you for the
information the Department needs to
process the electronic funds transfer.
(c) If the award is against another
agency, you must submit the material
required by paragraph (a) of this section
to the chief financial officer or other
disbursing official of that agency.
Agency counsel must promptly inform
you of the title and address of the
appropriate official.
(d) The Department or other agency
will pay the amount awarded to you
within 60 days of receiving the material
required by this section.
[FR Doc. 05–19896 Filed 10–4–05; 8:45 am]
BILLING CODE 4310–79–P
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Office of the Secretary
49 CFR Part 29
[Docket OST–2005–22602]
RIN 2105–AD46
Debarment and Suspension
(Nonprocurement) Requirements
AGENCY:
Office of the Secretary (OST),
Notice of proposed rulemaking
(NPRM); request for comments.
ACTION:
SUMMARY: This proposal would amend
Department of Transportation
regulations implementing the
governmentwide nonprocurement
suspension and debarment
requirements. Specifically, the DOT
proposes to adopt the optional lower
tier coverage prohibiting excluded
parties from participating in
subcontracts at tiers lower than the first
tier below a covered nonprocurement
transaction.
Comments must be received on
or before November 4, 2005.
ADDRESSES: Mail or hand deliver
comments to the U.S. Department of
Transportation, Dockets Management
Facility, Room PL–401, 400 Seventh
Street, SW., Washington, DC 20590, or
submit electronically at https://
dms.dot.gov. All comments should
include the docket number that appears
in the heading of this document. All
comments received will be available for
examination and copying at the above
address from 9 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays. Those desiring notification of
receipt of comments must include a selfaddressed, stamped postcard or you
may print the acknowledgment page
that appears after submitting comments
electronically.
FOR FURTHER INFORMATION CONTACT:
Ladd Hakes, Office of the Senior
Procurement Executive, Office of
Administration (M–61), (202) 366–4268,
400 Seventh Street, SW., Washington,
DC 20590–0001. Office hours are from
7:45 a.m. to 4:15 p.m. e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
DATES:
Electronic Access and Filing
You may submit or retrieve comments
online through the Document
Management System (DMS) at: https://
dmses.dot.gov. Acceptable formats
include: MS Word (versions 95 to 97),
MS Word for Mac (versions 6 to 8), Rich
Text File (RTF), American Standard
E:\FR\FM\05OCP1.SGM
05OCP1
58176
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Proposed Rules
Code Information Interchange (ASCII)
(TXT), Portable Document Format
(PDF), and WordPerfect (versions 7 to
8). The DMS is available 24 hours each
day, 365 days each year. Electronic
submission and retrieval help and
guidelines are available under the help
section of the Web site.
An electronic copy of this document
may also be downloaded by using a
computer, modem and suitable
communications software from the
Government Printing Office’s Electronic
Bulletin Board Service at (202) 512–
1661. Internet users may also reach the
Office of the Federal Register’s home
page at: https://www.nara.gov/fedreg and
the Government Printing Office’s Web
page at: https://www.access.gpo.gov/
nara.
Background
On November 26, 2003, the DOT,
along with twenty-nine other agencies,
published its final rule implementing
changes to the governmentwide
debarment and suspension common
rule (68 FR 66534). These regulations
were intended to resolve unnecessary
technical differences between
suspensions and debarments in the
procurement and nonprocurement
systems, revise the existing
governmentwide suspension and
debarment regulations in a plain
language style and format, and make
other improvements consistent with the
purpose of the suspension and
debarment system. One of the changes
made to the suspension and debarment
rules included limiting the exclusion
from a suspension or debarment to only
the first procurement level. Under the
previous governmentwide regulations,
all executive agencies applied
suspensions and debarments to all
procurement levels. However, in the
revised governmentwide suspension
and debarment regulations, each agency
was given the option of applying an
exclusion from a suspension or
debarment to levels below the first
procurement level.
This NPRM proposes to adopt the
option to apply an exclusion under the
suspension and debarment regulations
to levels below the first procurement
level. Many of the DOT programs
involve billions of dollars in grants that
are obligated to construction projects by
States, localities, and other recipients.
For instance, in fiscal year 2003 alone,
the DOT apportioned $24,129,858,248
to the States for highway construction
under the Federal-aid Highway
Program. Since Federal Highway
Administration regulations governing
the Federal-aid Highway Program
require prime contractors to perform
VerDate Aug<31>2005
17:08 Oct 04, 2005
Jkt 208001
only 30 percent of the contract work
themselves (less designated specialty
items), a suspended or debarred
contractor may continue to receive
significant Federal-aid Highway work
by continuing to obtain subcontracts.
Moreover, suspended or debarred
contractors may continue to participate
in subcontracts for other DOT programs
as well, such as the Federal Transit
Program and the Federal-aid Airport
Program. The ability of excluded
contractors to continue receiving
significant subcontracts makes these
DOT programs highly vulnerable to
fraud, waste, and abuse. As such, DOT
is proposing to include the optional
lower tier coverage for all DOT
nonprocurement transactions.
Section-by-Section Analysis
Section 29.220 Are any Procurement
Contracts Included as Covered
Transactions?
This NPRM would add a new
paragraph (c) to this section to cover
contracts that are awarded by any
contractor, subcontractor, supplier,
consultant, or its agent or representative
in any transaction that is expected to
equal or exceed $25,000.
Rulemaking Analyses and Notices
All comments received before the
close of business on the comment
closing date indicated above will be
considered and will be available for
examination in the docket at the above
address. Comments received after the
comment closing date will be filed in
the docket and will be considered to the
extent practicable. In addition to late
comments, the DOT will also continue
to file relevant information in the docket
as it becomes available after the
comment period closing date, and
interested persons should continue to
examine the docket for new material. A
final rule may be published at any time
after close of the comment period.
Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
The DOT has determined that this
document does not propose a significant
rule within the meaning of Executive
Order 12866 or within the meaning of
Department of Transportation regulatory
policies and procedures. It is
anticipated that the economic impact of
this rulemaking would be minimal,
since it would bring the DOT’s
regulations concerning the effect of a
suspension and debarment back in line
with the regulations that were in effect
prior to November 26, 2003. These
proposed changes would not adversely
PO 00000
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Fmt 4702
Sfmt 4702
affect, in a material way, any sector of
the economy. In addition, these changes
would not interfere with any action
taken or planned by another agency and
would not materially alter the budgetary
impact of any entitlements, grants, user
fees, or loan programs. Consequently, a
full regulatory evaluation is not
required.
Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act (Pub. L. 96–354, 5 U.S.C.
601–612) the Department has evaluated
the effects of this proposed action on
small entities and certifies that the
proposed action would not have a
significant economic impact on a
substantial number of small entities.
This proposal would bring the DOT’s
regulations concerning the effect of a
suspension and debarment back in line
with the regulations that were in effect
prior to November 26, 2003 by
excluding persons who have been
suspended or debarred from
participating in transactions beneath the
first procurement level under a
nonprocurement transaction. The only
parties that might be economically
impacted are subcontractors which are
suspended or debarred. Based on its
experience in implementing suspension
and debarment regulations, the
Department concludes that a significant
number of entities, regardless of size,
are unlikely to be suspended or
debarred. For these reasons, the DOT
certifies that this action would not have
a significant economic impact on a
substantial number of small entities.
Unfunded Mandates Reform Act of
1995
This proposed rule would not impose
unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4, March 22, 1995, 109
Stat. 48). Indeed, it does not impose any
mandates. This proposed rule will not
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100 million
or more in any one year (2 U.S.C. 1532).
Executive Order 13132 (Federalism
Assessment)
This proposed action has been
analyzed in accordance with the
principles and criteria contained in
Executive Order 13132, and the DOT
has determined that this proposed
action would not have sufficient
federalism implications to warrant the
preparation of a federalism assessment.
The DOT has also determined that this
proposed action would not preempt any
State law or State regulation or affect the
E:\FR\FM\05OCP1.SGM
05OCP1
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Proposed Rules
Authority: Sec. 2455, Pub. L. 103–355, 108
Stat. 3327 (31 U.S.C. 6101 note); E.O. 11738
(3 CFR, 1973 Comp., p. 799); E.O. 12549 (3
CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR
1989 Comp., p. 235).
States’ ability to discharge traditional
State governmental functions.
Executive Order 12372
(Intergovernmental Review)
Catalog of Federal Domestic
Assistance Program Number [Insert
number], [Insert Program Name]. The
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities [apply/
do not apply] to this program.
Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501, et seq.),
Federal agencies must obtain approval
from the Office of Management and
Budget (OMB) for each collection of
information they conduct, sponsor, or
require through regulations. The DOT
has determined that this proposal does
not contain collection of information
requirements for the purposes of the
PRA.
2. In § 29.220, add paragraph (c) to
read as follows:
§ 29.220 Are any procurement
transactions included as covered
transactions?
*
*
*
*
*
(c) The contract is awarded by any
contractor, subcontractor, supplier,
consultant or its agent or representative
in any transaction, regardless of tier, to
be funded or provided by the DOT
under a nonprocurement transaction
that is expected to equal or exceed
$25,000. [See optional lower tier
coverage shown in the diagram in the
appendix to this part.]
[FR Doc. 05–19965 Filed 10–4–05; 8:45 am]
BILLING CODE 4910–62–P
DEPARTMENT OF COMMERCE
National Environmental Policy Act
The agency has analyzed this
proposed action for the purpose of the
National Environmental Policy Act of
1969 (42 U.S.C. 4321) and has
determined that this proposed action
would not have any effect on the quality
of the environment.
National Oceanic and Atmospheric
Administration
Regulation Identification Number
Atlantic Highly Migratory Species;
Amendments to the Fishery
Management Plan for Atlantic Tunas,
Swordfish, and Sharks and the Fishery
Management Plan for Atlantic Billfish
A regulation identification number
(RIN) is assigned to each regulatory
action listed in the Unified Agenda of
Federal Regulations. The Regulatory
Information Service Center publishes
the Unified Agenda in April and
October of each year. The RIN contained
in the heading of this document can be
used to cross reference this action with
the Unified Agenda.
List of Subjects in 49 CFR Part 29
Administrative practice and
procedure, Government contracts, Grant
programs, Loan programs, Reporting
and recordkeeping requirements.
Issued this 22nd day of September, 2005,
at Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
In consideration of the foregoing, the
DOT proposes to amend title 49, Code
of Federal Regulations, part 29, as set
forth below:
PART 29—GOVERNMENTWIDE
DEBARMENT AND SUSPENSION
(NONPROCUREMENT)
1. The authority citation for part 29
continues to read as follows:
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17:08 Oct 04, 2005
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50 CFR Part 635
[I.D. 051603C]
RIN 0648–AQ65
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Extension of comment period;
rescheduling of the Joint Advisory Panel
meeting.
AGENCY:
SUMMARY: Due to the need to reschedule
three public hearings regarding the draft
Consolidated Highly Migratory Species
(HMS) Fishery Management Plan (FMP),
and the extended recovery period
needed for the Gulf region constituents
from Hurricanes Katrina and Rita,
NMFS is extending the comment period
to provide adequate opportunity for
public comment on the draft
Consolidated HMS FMP and its
proposed rule. NMFS is extending the
comment period until March 1, 2006.
The original comment period was
scheduled to conclude on October 18,
2005. The three public hearings were
cancelled in Federal Register
documents on September 7 and 23,
2005. The draft Consolidated HMS FMP
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58177
and its proposed rule describe a range
of management measures that could
impact fishermen and dealers for all
HMS fisheries. NMFS is also
rescheduling the October 11–13, 2005,
HMS and Billfish Advisory Panels (AP)
meeting to February 21–23, 2006. The
intent of this meeting is to consider
alternatives for the conservation and
management of HMS as presented in the
draft Consolidated HMS FMP and its
proposed rule.
DATES: Written comments on the August
19, 2005 (70 FR 48804), proposed rule
and the draft HMS FMP must be
received no later than 5 p.m. on March
1, 2006.
The rescheduled AP meeting will be
held from 1 p.m. to 5 p.m. on Tuesday,
February 21, 2006, from 8 a.m. to 5 p.m.
on Wednesday, February 22, 2006, and
from 8 a.m. to 5 p.m. on Thursday,
February 23, 2006.
ADDRESSES: The AP meeting will be
held at the Holiday Inn, 8777 Georgia
Avenue (Rt. 97), Silver Spring, MD
20910.
Written comments on the proposed
rule and draft HMS FMP may be
submitted to Karyl Brewster-Geisz,
Highly Migratory Species Management
Division by any of the following:
• Email: SF1.060303D@noaa.gov.
Include in the subject line the following
identifier: Atlantic HMS FMP.
• Mail: 1315 East-West Highway,
Silver Spring, MD 20910. Please mark
the outside of the envelope ‘‘Comments
on Draft HMS FMP.’’
• Fax: 301–427–2592.
• Federal e-Rulemaking Portal: https://
www.regulations.gov.
Copies of the draft HMS FMP and
other relevant documents are available
on the Highly Migratory Species
Management Division’s website at
www.nmfs.noaa.gov/sfa/hms or by
contacting Karyl Brewster-Geisz at 301–
713–2347.
FOR FURTHER INFORMATION CONTACT: For
more information concerning the draft
Consolidated HMS FMP and its
proposed rule contact: Karyl BrewsterGeisz, Margo Schulze-Haugen, or
Heather Stirratt at 301–713–2347 or fax
301–713–1917; Russ Dunn at 727–824–
5399 or fax 727–824–5398; or Mark
Murray-Brown at 978–281–9260 or fax
978–281–9340. For information
regarding the rescheduled AP meeting
contact Heather Stirratt at the specified
number above.
SUPPLEMENTARY INFORMATION: The
Atlantic HMS fisheries are managed
under the dual authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) and the
E:\FR\FM\05OCP1.SGM
05OCP1
]]>Agencies
[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Proposed Rules]
[Pages 58175-58177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19965]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 29
[Docket OST-2005-22602]
RIN 2105-AD46
Debarment and Suspension (Nonprocurement) Requirements
AGENCY: Office of the Secretary (OST), DOT.
ACTION: Notice of proposed rulemaking (NPRM); request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposal would amend Department of Transportation
regulations implementing the governmentwide nonprocurement suspension
and debarment requirements. Specifically, the DOT proposes to adopt the
optional lower tier coverage prohibiting excluded parties from
participating in subcontracts at tiers lower than the first tier below
a covered nonprocurement transaction.
DATES: Comments must be received on or before November 4, 2005.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590, or submit electronically at https://
dms.dot.gov. All comments should include the docket number that appears
in the heading of this document. All comments received will be
available for examination and copying at the above address from 9 a.m.
to 5 p.m., e.t., Monday through Friday, except Federal holidays. Those
desiring notification of receipt of comments must include a self-
addressed, stamped postcard or you may print the acknowledgment page
that appears after submitting comments electronically.
FOR FURTHER INFORMATION CONTACT: Ladd Hakes, Office of the Senior
Procurement Executive, Office of Administration (M-61), (202) 366-4268,
400 Seventh Street, SW., Washington, DC 20590-0001. Office hours are
from 7:45 a.m. to 4:15 p.m. e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
You may submit or retrieve comments online through the Document
Management System (DMS) at: https://dmses.dot.gov. Acceptable formats
include: MS Word (versions 95 to 97), MS Word for Mac (versions 6 to
8), Rich Text File (RTF), American Standard
[[Page 58176]]
Code Information Interchange (ASCII) (TXT), Portable Document Format
(PDF), and WordPerfect (versions 7 to 8). The DMS is available 24 hours
each day, 365 days each year. Electronic submission and retrieval help
and guidelines are available under the help section of the Web site.
An electronic copy of this document may also be downloaded by using
a computer, modem and suitable communications software from the
Government Printing Office's Electronic Bulletin Board Service at (202)
512-1661. Internet users may also reach the Office of the Federal
Register's home page at: https://www.nara.gov/fedreg and the Government
Printing Office's Web page at: https://www.access.gpo.gov/nara.
Background
On November 26, 2003, the DOT, along with twenty-nine other
agencies, published its final rule implementing changes to the
governmentwide debarment and suspension common rule (68 FR 66534).
These regulations were intended to resolve unnecessary technical
differences between suspensions and debarments in the procurement and
nonprocurement systems, revise the existing governmentwide suspension
and debarment regulations in a plain language style and format, and
make other improvements consistent with the purpose of the suspension
and debarment system. One of the changes made to the suspension and
debarment rules included limiting the exclusion from a suspension or
debarment to only the first procurement level. Under the previous
governmentwide regulations, all executive agencies applied suspensions
and debarments to all procurement levels. However, in the revised
governmentwide suspension and debarment regulations, each agency was
given the option of applying an exclusion from a suspension or
debarment to levels below the first procurement level.
This NPRM proposes to adopt the option to apply an exclusion under
the suspension and debarment regulations to levels below the first
procurement level. Many of the DOT programs involve billions of dollars
in grants that are obligated to construction projects by States,
localities, and other recipients. For instance, in fiscal year 2003
alone, the DOT apportioned $24,129,858,248 to the States for highway
construction under the Federal-aid Highway Program. Since Federal
Highway Administration regulations governing the Federal-aid Highway
Program require prime contractors to perform only 30 percent of the
contract work themselves (less designated specialty items), a suspended
or debarred contractor may continue to receive significant Federal-aid
Highway work by continuing to obtain subcontracts. Moreover, suspended
or debarred contractors may continue to participate in subcontracts for
other DOT programs as well, such as the Federal Transit Program and the
Federal-aid Airport Program. The ability of excluded contractors to
continue receiving significant subcontracts makes these DOT programs
highly vulnerable to fraud, waste, and abuse. As such, DOT is proposing
to include the optional lower tier coverage for all DOT nonprocurement
transactions.
Section-by-Section Analysis
Section 29.220 Are any Procurement Contracts Included as Covered
Transactions?
This NPRM would add a new paragraph (c) to this section to cover
contracts that are awarded by any contractor, subcontractor, supplier,
consultant, or its agent or representative in any transaction that is
expected to equal or exceed $25,000.
Rulemaking Analyses and Notices
All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination in the docket at the above address. Comments received
after the comment closing date will be filed in the docket and will be
considered to the extent practicable. In addition to late comments, the
DOT will also continue to file relevant information in the docket as it
becomes available after the comment period closing date, and interested
persons should continue to examine the docket for new material. A final
rule may be published at any time after close of the comment period.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The DOT has determined that this document does not propose a
significant rule within the meaning of Executive Order 12866 or within
the meaning of Department of Transportation regulatory policies and
procedures. It is anticipated that the economic impact of this
rulemaking would be minimal, since it would bring the DOT's regulations
concerning the effect of a suspension and debarment back in line with
the regulations that were in effect prior to November 26, 2003. These
proposed changes would not adversely affect, in a material way, any
sector of the economy. In addition, these changes would not interfere
with any action taken or planned by another agency and would not
materially alter the budgetary impact of any entitlements, grants, user
fees, or loan programs. Consequently, a full regulatory evaluation is
not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612) the Department has evaluated the effects of this
proposed action on small entities and certifies that the proposed
action would not have a significant economic impact on a substantial
number of small entities. This proposal would bring the DOT's
regulations concerning the effect of a suspension and debarment back in
line with the regulations that were in effect prior to November 26,
2003 by excluding persons who have been suspended or debarred from
participating in transactions beneath the first procurement level under
a nonprocurement transaction. The only parties that might be
economically impacted are subcontractors which are suspended or
debarred. Based on its experience in implementing suspension and
debarment regulations, the Department concludes that a significant
number of entities, regardless of size, are unlikely to be suspended or
debarred. For these reasons, the DOT certifies that this action would
not have a significant economic impact on a substantial number of small
entities.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose unfunded mandates as defined by
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22,
1995, 109 Stat. 48). Indeed, it does not impose any mandates. This
proposed rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year (2 U.S.C. 1532).
Executive Order 13132 (Federalism Assessment)
This proposed action has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132, and the DOT
has determined that this proposed action would not have sufficient
federalism implications to warrant the preparation of a federalism
assessment. The DOT has also determined that this proposed action would
not preempt any State law or State regulation or affect the
[[Page 58177]]
States' ability to discharge traditional State governmental functions.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number [Insert
number], [Insert Program Name]. The regulations implementing Executive
Order 12372 regarding intergovernmental consultation on Federal
programs and activities [apply/do not apply] to this program.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. The DOT has
determined that this proposal does not contain collection of
information requirements for the purposes of the PRA.
National Environmental Policy Act
The agency has analyzed this proposed action for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321) and has
determined that this proposed action would not have any effect on the
quality of the environment.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 29
Administrative practice and procedure, Government contracts, Grant
programs, Loan programs, Reporting and recordkeeping requirements.
Issued this 22nd day of September, 2005, at Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
In consideration of the foregoing, the DOT proposes to amend title
49, Code of Federal Regulations, part 29, as set forth below:
PART 29--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
1. The authority citation for part 29 continues to read as follows:
Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C.
6101 note); E.O. 11738 (3 CFR, 1973 Comp., p. 799); E.O. 12549 (3
CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR 1989 Comp., p. 235).
2. In Sec. 29.220, add paragraph (c) to read as follows:
Sec. 29.220 Are any procurement transactions included as covered
transactions?
* * * * *
(c) The contract is awarded by any contractor, subcontractor,
supplier, consultant or its agent or representative in any transaction,
regardless of tier, to be funded or provided by the DOT under a
nonprocurement transaction that is expected to equal or exceed $25,000.
[See optional lower tier coverage shown in the diagram in the appendix
to this part.]
[FR Doc. 05-19965 Filed 10-4-05; 8:45 am]
BILLING CODE 4910-62-P
