National Archives and Records Administration Implementation of OMB Guidance on Nonprocurement Debarment and Suspension, 2767-2769 [E7-986]
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2767
Rules and Regulations
Federal Register
Vol. 72, No. 14
Tuesday, January 23, 2007
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
2 CFR Part 2600
36 CFR Parts 1206 and 1209
[DOCKET NUMBER: NARA–06–0010]
RIN 3095–AB56
National Archives and Records
Administration Implementation of OMB
Guidance on Nonprocurement
Debarment and Suspension
National Archives and Records
Administration (NARA).
ACTION: Final rule; request for comment.
AGENCY:
The National Archives and
Records Administration is establishing a
new Part 2600 in 2 CFR that adopts the
Office of Management and Budget’s
(OMB’s) guidance in 2 CFR Part 180, as
supplemented by this new part, as
NARA’s policies and procedures for
nonprocurement and debarment and
suspension. NARA is removing 36 CFR
part 1209, the part containing NARA’s
implementation of the government-wide
common rule on nonprocurement
debarment and suspension. The new
part in 2 CFR part 2600 will serve the
same purpose as the common rule in a
simpler way. This regulatory action is
an administrative simplification that
would make no substantive change in
NARA’s policy or procedures for
nonprocurement debarment and
suspension.
DATES: This final rule is effective
February 28, 2007. Comments on this
final rule must be received by February
22, 2007 at the address shown below.
NARA intends to publish any changes
to the rule resulting from this comment
period before the February 28, 2007,
effective date.
ADDRESSES: NARA invites interested
persons to submit comments on this
final rule. Please include ‘‘Attn: RIN
jlentini on PROD1PC65 with RULES
SUMMARY:
VerDate Aug<31>2005
19:14 Jan 22, 2007
Jkt 211001
3095–AB56’’ and your name and
mailing address in your comments.
Comments may be submitted by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: Submit comments by facsimile
transmission to 301–837–0319.
• Mail: Send comments to
Regulations Comments Desk (NPOL),
Room 4100, Policy and Planning Staff,
National Archives and Records
Administration, 8601 Adelphi Road,
College Park, MD 20740–6001.
• Hand Delivery or Courier: Deliver
comments to 8601 Adelphi Road,
College Park, MD.
FOR FURTHER INFORMATION CONTACT:
Laura McCarthy at 301–837–3023 or fax
number 301–837–0319.
SUPPLEMENTARY INFORMATION: On August
31, 2005, the Office of Management and
Budget (OMB) issued interim final
guidance for government-wide
procurement suspension and debarment
(70 FR 51863). This guidance, located in
2 CFR Part 180, is substantively the
same as the common rule, but is
published in a form that each agency
can adopt, thus eliminating the need for
each agency to publish its separate
version of the same rule. It also
facilitates the ability to update
government-side requirements without
each agency having to re-promulgate its
own rules.
NARA’s current regulation on
nonprocurement suspension and
debarment is found in 36 CFR Part 1209.
In accordance with OMB’s guidance,
this final rule places NARA’s
nonprocurement debarment and
suspension regulations in subtitle B of
title 2 of the CFR, along with other
agencies’ nonprocurement debarment
and suspension. The new 2 CFR part
2600 adopts the OMB guidelines with
the same additions and clarifications
that NARA made to the governmentwide ‘‘common rule’’ on this subject
issued November 26, 2003 (68 FR
66544, 66616). The substance of
NARA’s nonprocurement debarment
and suspension regulations is
unchanged.
In light of the new part 2600, NARA
is removing 36 CFR 1209, which is the
current location for NARA’s
nonprocurement debarment and
suspension regulations. NARA is also
amending the section in 36 CFR part
PO 00000
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Fmt 4700
Sfmt 4700
1206 that provides the regulatory
requirement provisions for the National
Historical Publications and Records
Commission (NHPRC) to reflect the new
CFR location of these nonprocurement
suspension and debarment
requirements.
Because the regulatory amendments
to 2 CFR part 2600 are an administrative
simplification and there are no
substantive changes in NARA’s policy
or procedures for nonprocurement
debarment and suspension, NARA is
publishing the revisions as a final rule
with request for comments and not as a
proposed rule. If NARA receives
comments that result in any changes to
the proposed final rule, the changes will
be published before the February 28,
2007, effective date.
Executive Order 12866
OMB has determined this rule to be
a nonsignificant regulatory action for
the purposes of Executive Order 12866
and it has not been reviewed by the
Office of Management and Budget.
Regulatory Flexibility Act of 1980 (5
U.S.C. 605(b))
This final regulatory action will not
have a significant adverse impact on a
substantial number of small entities.
Unfunded Mandates of 1995 (Sec. 202,
Pub. L. 104–4)
This regulatory action does not
contain a Federal mandate that will
result in the expenditure by State, local,
and tribal governments, in aggregate, or
by the private sector of $100 million or
more in any one year.
Paperwork Reduction Act of 1995 (44
U.S.C., Chapter 35)
This regulatory action will not impose
any additional reporting or
recordkeeping requirements under the
Paperwork Reduction Act.
Federalism (Executive Order 13132)
This regulatory action does not have
Federalism implications, as set forth in
Executive Order 13132. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
E:\FR\FM\23JAR1.SGM
23JAR1
2768
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations
List of Subjects
2 CFR Part 2600
Administrative practice and
procedures, Debarment and suspension,
Grant programs, Reporting and
recordkeeping requirements.
36 CFR Part 1206
Archives and records, Grant
programs—education, Reporting and
recordkeeping requirements.
36 CFR Part 1209
Administrative practice and
procedure, Grant programs, Loan
programs, Reporting and recordkeeping
requirements.
I Accordingly, under the authority of 44
U.S.C. 2104(a), NARA amends the Code
of Federal Regulations, Title 2, Subtitle
B, and Title 36 parts 1206 and 1209, as
follows:
Title 2—Grants and Agreements
I 1. Add Chapter 26, consisting of part
2600, to Subtitle B to read as follows:
Chapter 26—National Archives and Records
Administration
PART 2600—NONPROCUREMENT
DEBARMENT AND SUSPENSION
Sec.
2600.10 What does this part do?
2600.20 Does this part apply to me?
2600.30 What policies and procedures must
I follow?
Subpart A—General
2600.137 Who in NARA may grant an
exception to let an excluded person
participate in a covered transaction?
Subpart B—Covered Transactions
2600.220 What contracts and subcontracts,
in addition to those listed in 2 CFR
180.220, are covered transactions?
Subpart C—Responsibilities of Participants
Regarding Transactions
2600.332 What methods must I use to pass
requirements down to participants at
lower tiers with whom I intend to do
business?
Subpart D—Responsibilities of Federal
Agency Officials Regarding Transactions
2600.437 What method do I use to
communicate to a participant the
requirements described in the OMB
guidance at 2 CFR 180.435?
jlentini on PROD1PC65 with RULES
Authority: Sec. 2455, Pub. L. 103–355, 108
Stat. 3327; E.O. 12549, 3 CFR, 1986 Comp.,
p. 189; E.O. 12689, 3 CFR, 1989 Comp., p.
235; 44 U.S.C. 2104(a).
What does this part do?
This part adopts the Office of
Management and Budget (OMB)
guidance in Subparts A through I of 2
VerDate Aug<31>2005
19:14 Jan 22, 2007
Jkt 211001
§ 2600.20
Does this part apply to me?
This part and, through this part,
pertinent portions of the OMB guidance
in Subparts A through I of 2 CFR part
180 (see table at 2 CFR 180.100(b))
apply to you if you are a—
(a) Participant or principal in a
‘‘covered transaction’’ (see Subpart B of
2 CFR part 180 and the definition of
‘‘nonprocurement transaction’’ at 2 CFR
180.970.
(b) Respondent in a NARA suspension
or debarment action.
(c) NARA debarment or suspension
official;
(d) NARA grants officer, agreements
officer, or other official authorized to
enter into any type of nonprocurement
transaction that is a covered transaction;
§ 2600.30 What policies and procedures
must I follow?
NARA policies and procedures that
you must follow are the policies and
procedures specified in each applicable
section of the OMB guidance in
Subparts A through I of 2 CFR part 180,
as that section is supplemented by the
section in this part with the same
section number. The contracts that are
covered transactions, for example, are
specified by section 220 of the OMB
guidance (i.e., 2 CFR 180.220) as
supplemented by section 220 in this
part (i.e., § 2600.220). For any section of
OMB guidance in Subparts A through I
of 2 CFR 180 that has no corresponding
section in this part, NARA policies and
procedures are those in the OMB
guidance.
Subpart A—General
Subparts E–J—[Reserved]
§ 2600.10
CFR part 180, as supplemented by this
part, as NARA’s policies and procedures
for nonprocurement debarment and
suspension. It thereby gives regulatory
effect for NARA to the OMB guidance as
supplemented by this part. This part
satisfies the requirements in section 3 of
Executive Order 12549, ‘‘Debarment and
Suspension’’ (3 CFR 1986 Comp., p.
189), Executive Order 12689,
‘‘Debarment and Suspension’’ (3 CFR
1989 Comp., p. 235) and 31 U.S.C. 6101
note (Section 2455, Pub. L. 103–355,
108 Stat. 3327).
§ 2600.137 Who in NARA may grant an
exception to let an excluded person
participate in a covered transaction?
The Archivist of the United States or
designee may grant an exception
permitting an excluded person to
participate in a particular covered
transaction as provided in the OMB
guidance at 2 CFR 180.135.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Subpart B—Covered Transactions
§ 2600.220 What contracts and
subcontracts, in addition to those listed in
2 CFR 180.220, are covered transactions?
Although the OMB guidance at 2 CFR
180.220(c) allows a Federal agency to do
so (also see optional lower tier coverage
in the figure in the Appendix to 2 CFR
part 180), NARA does not extend
coverage of nonprocurement suspension
and debarment requirements beyond
first-tier procurement contracts under a
covered nonprocurement transaction.
Subpart C—Responsibilities of
Participants Regarding Transactions
§ 2600.332 What methods must I use to
pass requirements down to participants at
lower tiers with whom I intend to do
business?
You as a participant must include a
term or condition in lower-tier
transactions requiring lower-tier
participants to comply with Subpart C
of the OMB guidance in 2 CFR part 180.
Subpart D—Responsibilities of Federal
Agency Officials Regarding
Transactions
§ 2600.437 What method do I use to
communicate to a participant the
requirements described in the OMB
guidance at 2 CFR 180.435?
To communicate to a participant the
requirements described in 2 CFR
180.435 of the OMB guidance, you must
include a term or condition in the
transaction that requires the
participant’s compliance with subpart C
of 2 CFR part 180 and requires the
participant to include a similar term or
condition in lower-tier covered
transactions.
Subparts E–J—[Reserved]
Title 36—Parks, Forests, and Public
Property
Chapter XII—National Archives and
Records Administration
PART 1206—[AMENDED]
2. The authority citation for part 1206
continues to read as follows:
I
Authority: 44 U.S.C. 2104(a); 44 U.S.C.
2501–2506.
§ 1206.72
[Amended]
3. Amend § 1206.72 by revising
paragraph (a) to read as follows:
I
§ 1206.72 Where can I find the regulatory
requirements that apply to NHPRC grants?
(a) In addition to this part 1206,
NARA has issued other regulations that
apply to NHPRC grants in 36 CFR ch.
XII, subchapter A and 2 CFR Part 2600.
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Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations
Additionally you must comply with 2
CFR Part 180. NARA also applies the
principles and standards in the
following Office of Management and
Budget (OMB) Circulars for NHPRC
grants:
(1) OMB Circular A–21, ‘‘Cost
Principles for Educational Institutions’’;
(2) OMB Circular A–87, ‘‘Cost
Principles for State, Local and Indian
Tribal Governments’’;
(3) OMB Circular A–122, ‘‘Cost
Principles for Nonprofit Organizations’’;
and
(4) OMB Circular A–133, ‘‘Audits of
States, Local Governments, and
Nonprofit Organizations.’’
*
*
*
*
*
PART 1209—[REMOVED]
4. Under authority 44 U.S.C. 2104(a);
sec. 2455, Pub. L. 103–355, 108 Stat.
3327 (31 U.S.C. 6101 note); E.O. 12549
(3 CFR 1986 Comp., p. 189); E.O. 12689
(3 CFR 1989 Comp., p. 235) part 1209
is removed.
I
Programs Branch, 202/720–1115 or via
e-mail at Kenneth.Payne@usda.gov.
SUPPLEMENTARY INFORMATION: This
document provides a correcting
amendment to the Soybean Promotion,
Research, and Consumer Information
Order that appears at 7 CFR part 1220.
List of Subjects in 7 CFR 1220
Administrative practice and
procedure, Advertising, Agricultural
research, Marketing agreements,
Soybeans and soybean products,
Reporting and recordkeeping
requirements.
I Accordingly, 7 CFR part 1220 is
corrected by making the following
amendment:
PART 1220—SOYBEAN PROMOTION,
RESEARCH, AND CONSUMER
INFORMATION
1. The authority citation for 7 CFR
part 1220 continues to read as follows:
I
Authority: 7 U.S.C. 6301–6311.
Dated: January 18, 2007.
Allen Weinstein,
Archivist of the United States.
[FR Doc. E7–986 Filed 1–22–07; 8:45 am]
I
BILLING CODE 7515–01–P
(a)(1) * * *
(v) If the entity is authorized or
required to pay refunds to producers,
any requests from producers for refunds
for contributions to it by the producer
following the termination of authority to
pay refunds, will be honored by
forwarding to the Board that portion of
such refunds equal to the amount of
credit received by the producer for
contributions to it pursuant to
§ 1220.223(a)(3);
*
*
*
*
*
2. Amend § 1220.228 by adding
paragraph (a)(1)(v) to read as follows:
§ 1220.228
Boards.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1220
[Docket No. LS–06–06]
Soybean Promotion and Research:
Qualified State Soybean Boards;
Correction
Agricultural Marketing Service,
USDA.
ACTION: Correcting amendment.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: The Agricultural Marketing
Service (AMS) published a final rule
and termination order (final rule) in the
Federal Register on November 28, 1995
(60 FR 58499) regarding technical
amendments to the Soybean Promotion,
Research and Consumer Information
Order (Order). AMS has found that
section 1220.228(a)(1)(v)(A) pertaining
to producer refunds, was mistakenly
removed from the Order as part of the
final rule. This document corrects the
Order by adding the language that
previously appeared in section
1220.228(a)(1)(v)(A).
DATES: Effective Date: January 23, 2007.
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Payne, Chief, Marketing
VerDate Aug<31>2005
19:14 Jan 22, 2007
Jkt 211001
Qualified State Soybean
Dated: January 17, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E7–875 Filed 1–22–07; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1, 301 and 602
[TD 9300]
RIN 1545–BC15
Guidance Necessary To Facilitate
Business Electronic Filing; Correction
Internal Revenue Service (IRS),
Treasury.
AGENCY:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
ACTION:
2769
Correction to final regulations.
SUMMARY: This document contains
correction to final regulations (TD 9300)
that were published in the Federal
Register on Friday, December 8, 2006
(71 FR 71040) designed to eliminate
regulatory impediments to the
electronic filing of certain income tax
returns and other forms.
The correction is effective
December 8, 2006.
DATES:
FOR FURTHER INFORMATION CONTACT:
Nathan Rosen, (202) 622–4910 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The correction notice that is the
subject of this document is under
sections 170, 556, 565, 936, 1017, 1368,
1377, 1502, 1503, 6038B and 7701 of the
Internal Revenue Code.
Need for Correction
As published, final regulations (TD
9300) contain errors that may prove to
be misleading and are in need of
clarification.
Correction of Publication
Accordingly, the publication of the
final regulations (TD 9300), which was
the subject of FR Doc. E6–20734, is
corrected as follows:
On page 71041, column 1, in the
preamble, under the paragraph heading
‘‘January 2006 Final Regulations
Facilitating Electronic Filing’’, last
paragraph of the column, second line,
the language ‘‘Treasury released TD
9243, (TD 9243,’’ is corrected to read
‘‘Treasury released final regulations (TD
9243,’’.
On page 71041, column 2, in the
preamble, under the paragraph heading
‘‘May 2006 Regulations Facilitating
Electronic Filing’’, first paragraph,
second line, the language ‘‘Treasury
Department released TD 9264’’ is
corrected to read ‘‘Treasury Department
released final and temporary regulations
(TD 9264, 2006–26 I.R.B. 1150 [71 FR
30591])’’.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. E7–858 Filed 1–22–07; 8:45 am]
BILLING CODE 4830–01–P
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]]>Agencies
[Federal Register Volume 72, Number 14 (Tuesday, January 23, 2007)]
[Rules and Regulations]
[Pages 2767-2769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-986]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 /
Rules and Regulations
[[Page 2767]]
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
2 CFR Part 2600
36 CFR Parts 1206 and 1209
[DOCKET NUMBER: NARA-06-0010]
RIN 3095-AB56
National Archives and Records Administration Implementation of
OMB Guidance on Nonprocurement Debarment and Suspension
AGENCY: National Archives and Records Administration (NARA).
ACTION: Final rule; request for comment.
-----------------------------------------------------------------------
SUMMARY: The National Archives and Records Administration is
establishing a new Part 2600 in 2 CFR that adopts the Office of
Management and Budget's (OMB's) guidance in 2 CFR Part 180, as
supplemented by this new part, as NARA's policies and procedures for
nonprocurement and debarment and suspension. NARA is removing 36 CFR
part 1209, the part containing NARA's implementation of the government-
wide common rule on nonprocurement debarment and suspension. The new
part in 2 CFR part 2600 will serve the same purpose as the common rule
in a simpler way. This regulatory action is an administrative
simplification that would make no substantive change in NARA's policy
or procedures for nonprocurement debarment and suspension.
DATES: This final rule is effective February 28, 2007. Comments on this
final rule must be received by February 22, 2007 at the address shown
below. NARA intends to publish any changes to the rule resulting from
this comment period before the February 28, 2007, effective date.
ADDRESSES: NARA invites interested persons to submit comments on this
final rule. Please include ``Attn: RIN 3095-AB56'' and your name and
mailing address in your comments. Comments may be submitted by any of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: Submit comments by facsimile transmission to 301-837-
0319.
Mail: Send comments to Regulations Comments Desk (NPOL),
Room 4100, Policy and Planning Staff, National Archives and Records
Administration, 8601 Adelphi Road, College Park, MD 20740-6001.
Hand Delivery or Courier: Deliver comments to 8601 Adelphi
Road, College Park, MD.
FOR FURTHER INFORMATION CONTACT: Laura McCarthy at 301-837-3023 or fax
number 301-837-0319.
SUPPLEMENTARY INFORMATION: On August 31, 2005, the Office of Management
and Budget (OMB) issued interim final guidance for government-wide
procurement suspension and debarment (70 FR 51863). This guidance,
located in 2 CFR Part 180, is substantively the same as the common
rule, but is published in a form that each agency can adopt, thus
eliminating the need for each agency to publish its separate version of
the same rule. It also facilitates the ability to update government-
side requirements without each agency having to re-promulgate its own
rules.
NARA's current regulation on nonprocurement suspension and
debarment is found in 36 CFR Part 1209. In accordance with OMB's
guidance, this final rule places NARA's nonprocurement debarment and
suspension regulations in subtitle B of title 2 of the CFR, along with
other agencies' nonprocurement debarment and suspension. The new 2 CFR
part 2600 adopts the OMB guidelines with the same additions and
clarifications that NARA made to the government-wide ``common rule'' on
this subject issued November 26, 2003 (68 FR 66544, 66616). The
substance of NARA's nonprocurement debarment and suspension regulations
is unchanged.
In light of the new part 2600, NARA is removing 36 CFR 1209, which
is the current location for NARA's nonprocurement debarment and
suspension regulations. NARA is also amending the section in 36 CFR
part 1206 that provides the regulatory requirement provisions for the
National Historical Publications and Records Commission (NHPRC) to
reflect the new CFR location of these nonprocurement suspension and
debarment requirements.
Because the regulatory amendments to 2 CFR part 2600 are an
administrative simplification and there are no substantive changes in
NARA's policy or procedures for nonprocurement debarment and
suspension, NARA is publishing the revisions as a final rule with
request for comments and not as a proposed rule. If NARA receives
comments that result in any changes to the proposed final rule, the
changes will be published before the February 28, 2007, effective date.
Executive Order 12866
OMB has determined this rule to be a nonsignificant regulatory
action for the purposes of Executive Order 12866 and it has not been
reviewed by the Office of Management and Budget.
Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))
This final regulatory action will not have a significant adverse
impact on a substantial number of small entities.
Unfunded Mandates of 1995 (Sec. 202, Pub. L. 104-4)
This regulatory action does not contain a Federal mandate that will
result in the expenditure by State, local, and tribal governments, in
aggregate, or by the private sector of $100 million or more in any one
year.
Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35)
This regulatory action will not impose any additional reporting or
recordkeeping requirements under the Paperwork Reduction Act.
Federalism (Executive Order 13132)
This regulatory action does not have Federalism implications, as
set forth in Executive Order 13132. It will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
[[Page 2768]]
List of Subjects
2 CFR Part 2600
Administrative practice and procedures, Debarment and suspension,
Grant programs, Reporting and recordkeeping requirements.
36 CFR Part 1206
Archives and records, Grant programs--education, Reporting and
recordkeeping requirements.
36 CFR Part 1209
Administrative practice and procedure, Grant programs, Loan
programs, Reporting and recordkeeping requirements.
0
Accordingly, under the authority of 44 U.S.C. 2104(a), NARA amends the
Code of Federal Regulations, Title 2, Subtitle B, and Title 36 parts
1206 and 1209, as follows:
Title 2--Grants and Agreements
0
1. Add Chapter 26, consisting of part 2600, to Subtitle B to read as
follows:
Chapter 26--National Archives and Records Administration
PART 2600--NONPROCUREMENT DEBARMENT AND SUSPENSION
Sec.
2600.10 What does this part do?
2600.20 Does this part apply to me?
2600.30 What policies and procedures must I follow?
Subpart A--General
2600.137 Who in NARA may grant an exception to let an excluded
person participate in a covered transaction?
Subpart B--Covered Transactions
2600.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
2600.332 What methods must I use to pass requirements down to
participants at lower tiers with whom I intend to do business?
Subpart D--Responsibilities of Federal Agency Officials Regarding
Transactions
2600.437 What method do I use to communicate to a participant the
requirements described in the OMB guidance at 2 CFR 180.435?
Subparts E-J--[Reserved]
Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O.
12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p.
235; 44 U.S.C. 2104(a).
Sec. 2600.10 What does this part do?
This part adopts the Office of Management and Budget (OMB) guidance
in Subparts A through I of 2 CFR part 180, as supplemented by this
part, as NARA's policies and procedures for nonprocurement debarment
and suspension. It thereby gives regulatory effect for NARA to the OMB
guidance as supplemented by this part. This part satisfies the
requirements in section 3 of Executive Order 12549, ``Debarment and
Suspension'' (3 CFR 1986 Comp., p. 189), Executive Order 12689,
``Debarment and Suspension'' (3 CFR 1989 Comp., p. 235) and 31 U.S.C.
6101 note (Section 2455, Pub. L. 103-355, 108 Stat. 3327).
Sec. 2600.20 Does this part apply to me?
This part and, through this part, pertinent portions of the OMB
guidance in Subparts A through I of 2 CFR part 180 (see table at 2 CFR
180.100(b)) apply to you if you are a--
(a) Participant or principal in a ``covered transaction'' (see
Subpart B of 2 CFR part 180 and the definition of ``nonprocurement
transaction'' at 2 CFR 180.970.
(b) Respondent in a NARA suspension or debarment action.
(c) NARA debarment or suspension official;
(d) NARA grants officer, agreements officer, or other official
authorized to enter into any type of nonprocurement transaction that is
a covered transaction;
Sec. 2600.30 What policies and procedures must I follow?
NARA policies and procedures that you must follow are the policies
and procedures specified in each applicable section of the OMB guidance
in Subparts A through I of 2 CFR part 180, as that section is
supplemented by the section in this part with the same section number.
The contracts that are covered transactions, for example, are specified
by section 220 of the OMB guidance (i.e., 2 CFR 180.220) as
supplemented by section 220 in this part (i.e., Sec. 2600.220). For
any section of OMB guidance in Subparts A through I of 2 CFR 180 that
has no corresponding section in this part, NARA policies and procedures
are those in the OMB guidance.
Subpart A--General
Sec. 2600.137 Who in NARA may grant an exception to let an excluded
person participate in a covered transaction?
The Archivist of the United States or designee may grant an
exception permitting an excluded person to participate in a particular
covered transaction as provided in the OMB guidance at 2 CFR 180.135.
Subpart B--Covered Transactions
Sec. 2600.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
Although the OMB guidance at 2 CFR 180.220(c) allows a Federal
agency to do so (also see optional lower tier coverage in the figure in
the Appendix to 2 CFR part 180), NARA does not extend coverage of
nonprocurement suspension and debarment requirements beyond first-tier
procurement contracts under a covered nonprocurement transaction.
Subpart C--Responsibilities of Participants Regarding Transactions
Sec. 2600.332 What methods must I use to pass requirements down to
participants at lower tiers with whom I intend to do business?
You as a participant must include a term or condition in lower-tier
transactions requiring lower-tier participants to comply with Subpart C
of the OMB guidance in 2 CFR part 180.
Subpart D--Responsibilities of Federal Agency Officials Regarding
Transactions
Sec. 2600.437 What method do I use to communicate to a participant
the requirements described in the OMB guidance at 2 CFR 180.435?
To communicate to a participant the requirements described in 2 CFR
180.435 of the OMB guidance, you must include a term or condition in
the transaction that requires the participant's compliance with subpart
C of 2 CFR part 180 and requires the participant to include a similar
term or condition in lower-tier covered transactions.
Subparts E-J--[Reserved]
Title 36--Parks, Forests, and Public Property
Chapter XII--National Archives and Records Administration
PART 1206--[AMENDED]
0
2. The authority citation for part 1206 continues to read as follows:
Authority: 44 U.S.C. 2104(a); 44 U.S.C. 2501-2506.
Sec. 1206.72 [Amended]
0
3. Amend Sec. 1206.72 by revising paragraph (a) to read as follows:
Sec. 1206.72 Where can I find the regulatory requirements that apply
to NHPRC grants?
(a) In addition to this part 1206, NARA has issued other
regulations that apply to NHPRC grants in 36 CFR ch. XII, subchapter A
and 2 CFR Part 2600.
[[Page 2769]]
Additionally you must comply with 2 CFR Part 180. NARA also applies the
principles and standards in the following Office of Management and
Budget (OMB) Circulars for NHPRC grants:
(1) OMB Circular A-21, ``Cost Principles for Educational
Institutions'';
(2) OMB Circular A-87, ``Cost Principles for State, Local and
Indian Tribal Governments'';
(3) OMB Circular A-122, ``Cost Principles for Nonprofit
Organizations''; and
(4) OMB Circular A-133, ``Audits of States, Local Governments, and
Nonprofit Organizations.''
* * * * *
PART 1209--[REMOVED]
0
4. Under authority 44 U.S.C. 2104(a); sec. 2455, Pub. L. 103-355, 108
Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549 (3 CFR 1986 Comp., p.
189); E.O. 12689 (3 CFR 1989 Comp., p. 235) part 1209 is removed.
Dated: January 18, 2007.
Allen Weinstein,
Archivist of the United States.
[FR Doc. E7-986 Filed 1-22-07; 8:45 am]
BILLING CODE 7515-01-P
