Debarment and Suspension (Nonprocurement) Requirements, 62394-62396 [06-8657]
Download as PDF
<![CDATA[
62394
Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations
cement kilns. You are not required to
comply with the particulate matter
standard specified under
§ 63.1220(b)(7)(i) until EPA takes final
action with regard to the particulate
matter standard pursuant to
reconsideration proceedings. If you start
up a new or reconstructed hazardous
waste burning cement kiln as defined by
this subpart, you must not emit
particulate matter in excess of 0.15 kg/
Mg dry feed, as determined according to
the requirements under
§ 63.1204(b)(7)(i) through (iii).
*
*
*
*
*
3. Section 63.1220 is amended by
revising paragraph (b)(7)(i) to read as
follows:
I
§ 63.1220 What are the replacement
standards for hazardous waste burning
cement kilns?
*
*
*
*
*
(b) * * *
(7) * * *
(i) Except as provided by
§ 63.1206(a)(1)(ii)(B)(3) and paragraph
(b)(7)(iii) of this section, particulate
matter emissions in excess of 0.0023 gr/
dscf corrected to 7 percent oxygen.
*
*
*
*
*
[FR Doc. E6–17897 Filed 10–24–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 29
[Docket No. OST–2005–22602]
RIN 2105–AD46
Debarment and Suspension
(Nonprocurement) Requirements
AGENCY:
Office of the Secretary (OST),
DOT.
mstockstill on PROD1PC61 with RULES
ACTION:
Final rule.
SUMMARY: This rule amends the
Department of Transportation’s
regulations implementing the
governmentwide nonprocurement
debarment and suspension
requirements. Specifically, this rule
adopts the optional lower tier coverage
prohibiting excluded persons from
participating in subcontracts at tiers
lower than the first tier below a covered
nonprocurement transaction.
DATES: Effective Date: This final rule is
in effect November 24, 2006.
FOR FURTHER INFORMATION CONTACT:
Ellen Shields, Office of the Senior
Procurement Executive, Office of
Administration (M–61), (202) 366–4268,
VerDate Aug<31>2005
15:06 Oct 24, 2006
Jkt 211001
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
You may retrieve previously filed
comments online through the Document
Management System (DMS) at https://
dmses.dot.gov. The DMS is available 24
hours each day, 365 days each year.
Electronic retrieval help and guidelines
are available under the help section of
the Web site. An electronic copy of this
document may 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
Department of Transportation (DOT),
along with twenty-nine other agencies,
published its final rule implementing
changes to the governmentwide
debarment and suspension common
rule (68 FR 66533). These regulations
were intended to resolve unnecessary
technical differences between the
procurement and nonprocurement
systems, revise the existing
governmentwide debarment and
suspension regulations in a plain
language style and format, and make
other improvements consistent with the
purpose of the debarment and
suspension system. One of the changes
made to the regulations included
limiting the mandatory down-tier
application of an exclusion 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 regulations,
each agency was given the option of
applying an exclusion to levels below
the first procurement level. This final
rule adopts the optional lower tier
coverage to make the debarment and
suspension regulations applicable 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, on August 10, 2005, the
President signed into law the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Users (SAFETEA–LU), Public Law 109–
59. This Act authorizes funding for
highways, highway safety, and public
transportation totaling $244.1 billion
over five years (2005–2009) and is the
largest surface transportation
investment in our Nation’s history. Of
this $244.1 billion, a substantial portion
of these funds will be used by States
and other grantees to procure
construction contracts. These
construction contracts could involve
multiple subcontracts that would be
vulnerable to misconduct and poor
performance if suspended or debarred
contractors are allowed to participate in
these transactions.
Discussion of Comments
On October 5, 2005, the Office of the
Secretary (OST) in the DOT published a
notice of proposed rulemaking (NRPM)
and requested comment on whether the
DOT should adopt the lower tier
coverage. In response to the NPRM, OST
received two comments. These
comments were submitted by the
American Road and Transportation
Builders Association (ARTBA) and the
Wisconsin Department of
Transportation (WisDOT).
ARTBA commented that the
transportation construction industry has
a well-deserved reputation of being
comprised of highly ethical firms.
However, despite this reputation, some
firms betray the integrity of the whole.
In these situations, ARTBA
acknowledged that suspension or
debarment may be appropriate.
Additionally, ARTBA commented on
the importance of maintaining the
contractor’s due process rights. ARTBA
stated that the basis of due process is
that everyone is deemed innocent until
proven guilty and that due process is
not served if contractors are suspended
or debarred before being afforded an
opportunity to be heard. ARTBA noted
that debarment and suspension cannot
be taken lightly because of the
interruption in the firm’s ability to work
and, as such, the DOT needs to ensure
that the debarment and suspension
process is fair.
The DOT agrees with ARTBA that the
transportation construction industry
does indeed have a well-deserved
reputation of being comprised of highly
ethical firms. However, as ARTBA
acknowledges, there are some firms
within the industry that betray this
reputation. The participation of these
irresponsible firms and individuals in
the transportation program could result
in millions of dollars being wasted due
to fraud. These are funds that could be
used on construct more transportation
projects. Also, the DOT agrees with
E:\FR\FM\25OCR1.SGM
25OCR1
Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations
ARTBA on the importance of
maintaining the contractor’s due process
rights. The debarment and suspension
regulations promulgated in 2003 set out
detailed procedures that must be
followed whenever the Department
initiates a suspension or debarment
action. These procedures include both
notice and an opportunity to be heard.
WisDOT commented that the
language was not user friendly and
suggested that the DOT adopt a
definition of procurement as well as
revise the proposed language by
essentially substituting the word
‘‘nonprocurement’’ with
‘‘procurement.’’ The current regulations
are based on a governmentwide
common rule that was adopted by
numerous agencies and were drafted to
be more consistent with the debarment
and suspension rules in the Federal
Acquisition Regulation (FAR). Thus, the
DOT is hesitant to make any changes
that may deviate from the consistency
these rules are intended to create among
Executive Branch agencies as well as the
FAR. However, the DOT notes this
suggestion and will work with the
Office of Management and Budget,
which is the lead agency on the
governmentwide common rule, in this
endeavor.
The DOT feels that the language
should be adopted as proposed in the
NPRM. First, the alternate language
proposed by WisDOT would apply to
procurement transactions at the first
procurement level. These types of
transactions have unique rules already
established in section 29.220(b) of 49
CFR. Second, the language proposed by
the NPRM makes it clear that the
provision applies to contracts awarded
by contractors under a nonprocurement
transaction. Thus, the DOT is adopting
the language proposed in the NPRM.
Rulemaking Analyses and Notices
mstockstill on PROD1PC61 with RULES
Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
The DOT has determined
preliminarily that this action is not a
significant regulatory action within the
meaning of Executive Order 12866 and
is not significant 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
debarment and suspension back in line
with the regulations that were in effect
prior to November 26, 2003. These
changes would not adversely affect, in
a material way, any sector of the
VerDate Aug<31>2005
15:06 Oct 24, 2006
Jkt 211001
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 DOT has evaluated the
effects of this action on small entities
and has determined that the action
would not have a significant economic
impact on a substantial number of small
entities. This action brings the DOT’s
regulations concerning the effect of a
debarment and suspension back in line
with the regulations that were in effect
prior to November 26, 2003 by
excluding persons who have been
debarred or suspended from
participating in transactions beneath the
first procurement level under a nonprocurement transaction. For these
reasons, the DOT certifies that this
action does not have a significant
economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of
1995
This rule does not impose unfunded
mandates as defined by the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4, March 22, 1995, 109 Stat. 48).
This 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). This
final rule provides for the exclusion of
debarred or suspended persons from
participating in transactions beneath the
first procurement level under a nonprocurement transaction, therefore, this
action is not considered an unfunded
mandate.
Executive Order 13132 (Federalism
Assessment)
This action has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132, and the DOT has determined that
this action does not have sufficient
federalism implications to warrant the
preparation of a Federalism assessment.
The DOT has also determined that this
action does not preempt any State law
or State regulation or affect the States’
ability to discharge traditional State
governmental functions.
Executive Order 13175
This final rule has been analyzed in
accordance with the principles and
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
62395
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this final rule does not
significantly or uniquely affect the
communities of the Indian tribal
governments and does not impose
substantial direct compliance costs, the
funding and consultation requirements
of Executive Order 13175 do not apply.
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 for each collection of
information they conduct, sponsor, or
require through regulations. The DOT
has determined that this rule does not
contain collection of information
requirements for the purposes of the
PRA.
National Environmental Policy Act
The agency has analyzed this action
for the purpose of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321) and has determined that
this action does 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 United 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 on: October 6, 2006.
Maria Cino,
Acting 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:
I
PART 29—GOVERNMENTWIDE
DEBARMENT AND SUSPENSION
(NONPROCUREMENT)
1. The authority citation for part 29
continues to read as follows:
I
Authority: Sec. 2455, Pub. L. 103–355, 108
Stat. 3327 31 U.S.C. 6101 note); E.O. 11738
3 CFR, 173 Comp., p. 799); E.O. 12549 (3
CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR
1989 Comp., p. 235).
E:\FR\FM\25OCR1.SGM
25OCR1
62396
Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
2. In § 29.220, add paragraph (c) to
read as follows:
I
§ 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.]
§ 29.520
[Amended]
3. In § 29.520, in paragraph (d),
remove the references: ‘‘United States
Coast Guard [DOT–USCG]’’ and
‘‘Research and Special Programs [DOT–
RSPA]’’ and insert the references
‘‘Research and Innovative Technology
Administration [RITA]’’ and ‘‘Pipeline
and Hazardous Materials Safety
Administration [DOT–PHMSA]’’ in their
place, respectively.
I
[FR Doc. 06–8657 Filed 10–24–06; 8:45 am]
BILLING CODE 4910–9X–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 060216045–6045–01; I.D.
101906D]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Processor Vessels Using
Hook-and-line Gear in the Bering Sea
and Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
mstockstill on PROD1PC61 with RULES
AGENCY:
VerDate Aug<31>2005
15:06 Oct 24, 2006
Jkt 211001
SUMMARY: NMFS is prohibiting directed
fishing for Pacific cod by catcher
processor vessels using hook-and-line
gear in the Bering Sea and Aleutian
Islands management area (BSAI). This
action is necessary to prevent exceeding
the 2006 directed fishing allowance
(DFA) of Pacific cod specified for
catcher processor vessels using hookand-line gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), October 21, 2006, until
2400 hrs, A.l.t., December 31, 2006.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2006 Pacific cod DFA specified
for catcher processor vessels using
hook-and-line gear in the BSAI is 70,619
metric tons as established by the 2006
and 2007 final harvest specifications for
groundfish in the BSAI (71 FR 10894,
March 3, 2006) and the adjustment on
March 14, 2006 (71 FR 13777, March 17,
2006).
In accordance with § 679.20(d)(1)(iii),
the Administrator, Alaska Region,
NMFS, has determined that the 2006
Pacific cod DFA specified for catcher
processor vessels using hook-and-line
gear in the BSAI has been reached.
Therefore, the Regional Administrator is
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
prohibiting directed fishing for Pacific
cod by catcher processor vessels using
hook-and-line gear in the BSAI.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of Pacific cod by
catcher processor vessels using hookand-line gear in the BSAI. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of October 19, 2006.
The AA also finds good cause to
waive the 30–day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 19, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 06–8873 Filed 10–20–06; 1:09 pm]
BILLING CODE 3510–22–S
E:\FR\FM\25OCR1.SGM
25OCR1
]]>Agencies
[Federal Register Volume 71, Number 206 (Wednesday, October 25, 2006)]
[Rules and Regulations]
[Pages 62394-62396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8657]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 29
[Docket No. OST-2005-22602]
RIN 2105-AD46
Debarment and Suspension (Nonprocurement) Requirements
AGENCY: Office of the Secretary (OST), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Department of Transportation's
regulations implementing the governmentwide nonprocurement debarment
and suspension requirements. Specifically, this rule adopts the
optional lower tier coverage prohibiting excluded persons from
participating in subcontracts at tiers lower than the first tier below
a covered nonprocurement transaction.
DATES: Effective Date: This final rule is in effect November 24, 2006.
FOR FURTHER INFORMATION CONTACT: Ellen Shields, 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
You may retrieve previously filed comments online through the
Document Management System (DMS) at https://dmses.dot.gov. The DMS is
available 24 hours each day, 365 days each year. Electronic retrieval
help and guidelines are available under the help section of the Web
site. An electronic copy of this document may 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 Department of Transportation (DOT), along
with twenty-nine other agencies, published its final rule implementing
changes to the governmentwide debarment and suspension common rule (68
FR 66533). These regulations were intended to resolve unnecessary
technical differences between the procurement and nonprocurement
systems, revise the existing governmentwide debarment and suspension
regulations in a plain language style and format, and make other
improvements consistent with the purpose of the debarment and
suspension system. One of the changes made to the regulations included
limiting the mandatory down-tier application of an exclusion 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
regulations, each agency was given the option of applying an exclusion
to levels below the first procurement level. This final rule adopts the
optional lower tier coverage to make the debarment and suspension
regulations applicable 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, on August 10, 2005, the President signed into
law the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59. This Act
authorizes funding for highways, highway safety, and public
transportation totaling $244.1 billion over five years (2005-2009) and
is the largest surface transportation investment in our Nation's
history. Of this $244.1 billion, a substantial portion of these funds
will be used by States and other grantees to procure construction
contracts. These construction contracts could involve multiple
subcontracts that would be vulnerable to misconduct and poor
performance if suspended or debarred contractors are allowed to
participate in these transactions.
Discussion of Comments
On October 5, 2005, the Office of the Secretary (OST) in the DOT
published a notice of proposed rulemaking (NRPM) and requested comment
on whether the DOT should adopt the lower tier coverage. In response to
the NPRM, OST received two comments. These comments were submitted by
the American Road and Transportation Builders Association (ARTBA) and
the Wisconsin Department of Transportation (WisDOT).
ARTBA commented that the transportation construction industry has a
well-deserved reputation of being comprised of highly ethical firms.
However, despite this reputation, some firms betray the integrity of
the whole. In these situations, ARTBA acknowledged that suspension or
debarment may be appropriate. Additionally, ARTBA commented on the
importance of maintaining the contractor's due process rights. ARTBA
stated that the basis of due process is that everyone is deemed
innocent until proven guilty and that due process is not served if
contractors are suspended or debarred before being afforded an
opportunity to be heard. ARTBA noted that debarment and suspension
cannot be taken lightly because of the interruption in the firm's
ability to work and, as such, the DOT needs to ensure that the
debarment and suspension process is fair.
The DOT agrees with ARTBA that the transportation construction
industry does indeed have a well-deserved reputation of being comprised
of highly ethical firms. However, as ARTBA acknowledges, there are some
firms within the industry that betray this reputation. The
participation of these irresponsible firms and individuals in the
transportation program could result in millions of dollars being wasted
due to fraud. These are funds that could be used on construct more
transportation projects. Also, the DOT agrees with
[[Page 62395]]
ARTBA on the importance of maintaining the contractor's due process
rights. The debarment and suspension regulations promulgated in 2003
set out detailed procedures that must be followed whenever the
Department initiates a suspension or debarment action. These procedures
include both notice and an opportunity to be heard.
WisDOT commented that the language was not user friendly and
suggested that the DOT adopt a definition of procurement as well as
revise the proposed language by essentially substituting the word
``nonprocurement'' with ``procurement.'' The current regulations are
based on a governmentwide common rule that was adopted by numerous
agencies and were drafted to be more consistent with the debarment and
suspension rules in the Federal Acquisition Regulation (FAR). Thus, the
DOT is hesitant to make any changes that may deviate from the
consistency these rules are intended to create among Executive Branch
agencies as well as the FAR. However, the DOT notes this suggestion and
will work with the Office of Management and Budget, which is the lead
agency on the governmentwide common rule, in this endeavor.
The DOT feels that the language should be adopted as proposed in
the NPRM. First, the alternate language proposed by WisDOT would apply
to procurement transactions at the first procurement level. These types
of transactions have unique rules already established in section
29.220(b) of 49 CFR. Second, the language proposed by the NPRM makes it
clear that the provision applies to contracts awarded by contractors
under a nonprocurement transaction. Thus, the DOT is adopting the
language proposed in the NPRM.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The DOT has determined preliminarily that this action is not a
significant regulatory action within the meaning of Executive Order
12866 and is not significant 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 debarment
and suspension back in line with the regulations that were in effect
prior to November 26, 2003. These 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 DOT has evaluated the effects of this action on
small entities and has determined that the action would not have a
significant economic impact on a substantial number of small entities.
This action brings the DOT's regulations concerning the effect of a
debarment and suspension back in line with the regulations that were in
effect prior to November 26, 2003 by excluding persons who have been
debarred or suspended from participating in transactions beneath the
first procurement level under a non-procurement transaction. For these
reasons, the DOT certifies that this action does not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22, 1995,
109 Stat. 48). This 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). This
final rule provides for the exclusion of debarred or suspended persons
from participating in transactions beneath the first procurement level
under a non-procurement transaction, therefore, this action is not
considered an unfunded mandate.
Executive Order 13132 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132, and the DOT has determined
that this action does not have sufficient federalism implications to
warrant the preparation of a Federalism assessment. The DOT has also
determined that this action does not preempt any State law or State
regulation or affect the States' ability to discharge traditional State
governmental functions.
Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not significantly or uniquely affect the communities of the Indian
tribal governments and does not impose substantial direct compliance
costs, the funding and consultation requirements of Executive Order
13175 do not apply.
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 for each collection of information they conduct,
sponsor, or require through regulations. The DOT has determined that
this rule does not contain collection of information requirements for
the purposes of the PRA.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321) and has determined
that this action does 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 United 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 on: October 6, 2006.
Maria Cino,
Acting Secretary of Transportation.
0
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)
0
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, 173 Comp., p. 799); E.O. 12549 (3 CFR,
1986 Comp., p. 189); E.O. 12689 (3 CFR 1989 Comp., p. 235).
[[Page 62396]]
0
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.]
Sec. 29.520 [Amended]
0
3. In Sec. 29.520, in paragraph (d), remove the references: ``United
States Coast Guard [DOT-USCG]'' and ``Research and Special Programs
[DOT-RSPA]'' and insert the references ``Research and Innovative
Technology Administration [RITA]'' and ``Pipeline and Hazardous
Materials Safety Administration [DOT-PHMSA]'' in their place,
respectively.
[FR Doc. 06-8657 Filed 10-24-06; 8:45 am]
BILLING CODE 4910-9X-M
