Department of the Interior Implementation of OMB Guidance on Nonprocurement Debarment and Suspension, 33383-33386 [07-2949]

Download as PDF 33383 Rules and Regulations Federal Register Vol. 72, No. 116 Monday, June 18, 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. DEPARTMENT OF THE INTERIOR Office of the Secretary 2 CFR Part 1400 43 CFR Parts 12, 42, and 43 RIN 1090–AA96 Department of the Interior Implementation of OMB Guidance on Nonprocurement Debarment and Suspension Office of the Secretary, Interior. ACTION: Interim final rule with request for comments. AGENCY: SUMMARY: The Department of the Interior (Department) proposes to remove its regulations implementing the government-wide common rule on nonprocurement debarment and suspension, and to adopt in their place the Office of Management and Budget’s (OMB) guidance. This regulatory action would implement OMB’s initiative to streamline and consolidate all federal regulations on nonprocurement debarment and suspension into one part of the CFR. The Department does not intend to modify any of its current policy. This interim rule is effective July 18, 2007. Submit comments on this interim rule by August 17, 2007. ADDRESSES: You may submit comments on the rulemaking by any of the following methods listed below. Please use the Regulation Identifier Number (RIN) 1090–AA96 in your message: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions on the Web site for submitting comments. • E-mail: Melodee_Stith@ios.doi.gov. Please submit Internet comments as an ASCII file and avoid the use of special characters and any form of encryption. Also, please include ‘‘Attn: RIN 1090– pwalker on PROD1PC71 with RULES DATES: VerDate Aug<31>2005 17:03 Jun 15, 2007 Jkt 211001 AA96’’ and your name and return address in your Internet message. If you do not receive a confirmation that we have received your Internet message, call the contact person listed below. • Regular U.S. Mail: E. Melodee Stith, U.S. Department of the Interior, Office of Acquisition and Property Management, 1849 C Street, NW., Mail Stop 2607–MIB, Washington, DC 20240. • Overnight mail, courier, or handdelivery: E. Melodee Stith, U.S. Department of the Interior, Office of Acquisition and Property Management, 1849 C Street, NW., Mail Stop 2607– MIB, Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: Melodee Stith at (202) 208–5830 or by e-mail at Melodee_Stith@ios.doi.gov. SUPPLEMENTARY INFORMATION: Background On August 31, 2005, the Office of Management and Budget (OMB) issued an interim final guidance that implemented its Guidance for Governmentwide Debarment and Suspension (Nonprocurement), codified in Part 180 of Title 2 of the Code of Federal Regulations (70 FR 51862, August 31, 2005). In addition to restating and updating its guidance on nonprocurement debarment and suspension, the interim final guidance requires all Federal agencies to adopt a new approach to Federal agency implementation of the guidance. OMB requires each agency to issue a brief rule that: (1) Adopts the guidance, giving it regulatory effect for that agency’s activities; and (2) states any agencyspecific additions, clarifications, and exceptions to the government-wide policies and procedures contained in the guidance. That guidance also requires agencies to implement the OMB guidance by February 28, 2007. Pursuant to the requirements in OMB’s interim final guidance, the Department of the Interior (Department) proposes to: (1) Remove 43 CFR Part 42; (2) replace the Department’s part containing the full text of the debarment and suspension common rule with a brief part implementing OMB’s guidance and any provisions specific to the Department; (3) co-locate the Department’s part with OMB’s guidance in 2 CFR along with other agencies’ regulations in that title; and (4) revise references in 43 CFR Part 12 with the citation to the Department’s regulations PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 located in Title 2, CFR Subtitle B section 1400. This interim final regulatory action would implement the OMB’s initiative to streamline and consolidate all Federal regulations on nonprocurment debarment and suspension into one part of the CFR, and does not make any change to current policy and procedures. Under 5 U.S.C. 553(b)(3)(A) agencies are not required to undergo notice and comment procedure for ‘‘interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice.’’ Invitation to Comment We intend the new part in 2 CFR to adopt the OMB guidelines with the same additions and clarifications made to the common rule on nonprocurement debarment and suspension in the Federal Register publication of November 26, 2003 (68 FR 66628). Administrative Procedure Act The Department has determined that the public notice and comment provisions of the Administrative Procedure Act, 5 U.S.C. 553(b), do not apply because of the good cause exception under 5 U.S.C. 553(b)(3)(B), which allows the agency to suspend the notice and public procedure when the agency finds for good cause that those requirements are impractical, unnecessary, and contrary to the public interest. This action would merely remove the Department’s current policy and provisions related to the debarment and suspension common rule and replace it with a brief part adopting OMB’s guidance and implementing any provisions specific to the Department. In addition, it would co-locate the Department’s regulations with OMB’s guidance in 2 CFR along with other agencies’ rules in that title. These revisions are purely administrative in nature and do not modify the Department’s current policy. Executive Order 12866 This proposed regulatory action has been determined to be not significant for purposes of E.O. 12866. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) This rule, if adopted, would not have a significant economic impact on a substantial number of small entities. This action would merely remove the E:\FR\FM\18JNR1.SGM 18JNR1 33384 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Rules and Regulations Department’s current policy and provisions related to the debarment and suspension common rule and replace it with a brief part adopting OMB’s guidance and implementing any provisions specific to the Department. In addition, it would co-locate the Department’s regulations with OMB’s guidance in 2 CFR along with other agencies’ rules in that title. These revisions are purely administrative in nature and do not modify the Department’s current policy. Because these changes are not substantive, we believe that this action would not have a significant economic impact on a substantial number of small entities. Small Business Regulatory Enforcement Fairness Act (SBREFA) collection displays a currently valid OMB Control Number. 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. Consultation With Indian Tribes (E.O. 13175) Under the criteria in Executive Order 13175, we have evaluated this rule and determined that it has no potential effects on federally recognized Indian tribes. This rule makes non-substantive changes to the Department’s nonprocurement debarment and suspension procedures. 43 CFR Part 42 Administrative practice and procedure, Governmentwide Debarment and Suspension (nonprocurement). 43 CFR Part 43 Administrative practice and procedure, Governmentwide Requirements for Drug-Free Workplace (Financial Assistance). Dated: May 11, 2007. James E. Cason, Associate Deputy Secretary. Accordingly, under the authority of 5 U.S.C. 301, the Department of the Interior makes the following amendments to the Code of Federal Regulations, Title 2, Subtitle B, Part 1400 and Title 43 CFR Parts 12, 42, and 43: I This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This action adopts the common rule established by OMB regarding persons who have been debarred or suspended. This rule: a. Does not have an annual effect on the economy of $100 million or more. b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Public Availability of Comments I Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. CHAPTER 14—DEPARTMENT OF THE INTERIOR Takings (E.O. 12630) National Environmental Policy Act Under the criteria in Executive Order 12630, this rule does not have significant takings implications. A takings implication assessment is not required. This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act of 1969 is not required. Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104–4) Data Quality Act TITLE 2—GRANTS AND AGREEMENTS 1. Add Chapter 14, consisting of Part 1400, to Subtitle B to read as follows: PART 1400—NONPROCUREMENT DEBARMENT AND SUSPENSION Sec. 1400.10 What does this part do? 1400.20 When does this part apply to me? 1400.30 What policies and procedures must I follow? Subpart A—General 1400.137 Who in the Department of the Interior may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 1400.215 Which nonprocurement transactions, in addition to those listed in 2 CFR 180.215, are not covered transactions? 1400.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? In developing this rule we did not conduct or use a study, experiment, or survey requiring peer review under the Data Quality Act (Pub. L. 106–554). Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35) pwalker on PROD1PC71 with RULES 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. 2 CFR Subtitle B, Part 1400 This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the Paperwork Reduction Act unless that Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions 1400.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? 43 CFR Part 12 Subpart E–H—[Reserved] Administrative practice and procedure, Administrative and audit requirements and cost principles for assistance programs. Subpart I—Definitions 1400.930 Debarring official (Department of the Interior supplement to the definition at 2 CFR 180.930). VerDate Aug<31>2005 17:03 Jun 15, 2007 Jkt 211001 List of Subjects PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Subpart C—Responsibilities of Participants Regarding Transactions 1400.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? E:\FR\FM\18JNR1.SGM 18JNR1 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Rules and Regulations 1400.970 Nonprocurement transaction (Department of the Interior supplement to the definition at 2 CFR 180.930). 1400.1010 Suspending official (Department of the Interior supplement to the definition at 2 CFR 180.930). Authority: E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235); sec. 2455 Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); 5 U.S.C. 301. (i.e., 2 CFR 180.220) as supplemented by section 220 in this part (i.e., Sec. 1400.220)). (b) For any section of OMB guidance in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, Department of the Interior policies and procedures are those in the OMB guidance. § 1400.10 Subpart A—General 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 the Department of the Interior policies and procedures for nonprocurement debarment and suspension. It thereby gives regulatory effect 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). § 1400.20 me? When does this part apply to 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) 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, as supplemented by subpart B and § 1400.970); (b) Respondent in a Department of the Interior suspension or debarment action; (c) Department of the Interior debarment or suspension official, i.e., the Director, Office of Acquisition and Property Management; or (d) Department of the Interior grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction. pwalker on PROD1PC71 with RULES § 1400.30 What policies and procedures must I follow? (a) The Department of the Interior policies and procedures that you must follow are specified in: (1) Each applicable section of the OMB guidance in subparts A through I of 2 CFR part 180; and (2) The supplement to each section of the OMB guidance that is found in this part under the same section number. (The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance VerDate Aug<31>2005 17:03 Jun 15, 2007 Jkt 211001 § 1400.137 Who in the Department of the Interior may grant an exception to let an excluded person participate in a covered transaction? Within the Department of the Interior, the Director, Office of Acquisition and Property Management has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance at 2 CFR 180.135. Subpart B—Covered Transactions § 1400.215 Which nonprocurement transactions, in addition to those listed in 2 CFR 180.215, are not covered transactions? (a) Transactions entered into pursuant to Public Law 93–638, 88 Stat. 2203. (b) Under natural resource management programs, permits, licenses, exchanges, and other acquisitions of real property, rights-ofway, and easements. (c) Transactions concerning mineral patent claims entered into pursuant to 30 U.S.C. 22 et seq.; and (d) Water service contracts and repayments entered into pursuant to 43 U.S.C. 485. § 1400.220 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), the Department of the Interior does not extend coverage of nonprocurement suspension and debarment requirements beyond firsttier procurement contracts under a covered nonprocurement transaction. 33385 Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions § 1400.437 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, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions. Subpart E–H—[Reserved] Subpart I—Definitions § 1400.930 Debarring official (Department of the Interior supplement to the definition at 2 CFR 180.930). The Debarring Official for the Department of the Interior is the Director, Office of Acquisition and Property Management. § 1400.970 Nonprocurement transaction (Department of the Interior supplement to the definition at 2 CFR 180.970). In addition to those listed in 2 CFR 180.970, the Department of the Interior includes the following as nonprocurement transactions: (a) Federal acquisition of a leasehold interest or any other interest in real property; (b) Concession contracts; (c) Disposition of Federal real and personal property and natural resources; and (d) Any other nonprocurement transactions between the Department and a person. § 1400.1010 Suspending official (Department of the Interior supplement to the definition at 2 CFR 180.930). The Suspending Official for the Department of the Interior is the Director, Office of Acquisition and Property Management. Subpart J—[Reserved] Subpart C—Responsibilities of Participants Regarding Transactions TITLE 43, PUBLIC LANDS: INTERIOR § 1400.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? PART 12—ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES FOR ASSISTANCE PROGRAMS 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. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 2. The authority citation for part 12 continues to read as follows: I Authority: E.O 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. E:\FR\FM\18JNR1.SGM 18JNR1 33386 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Rules and Regulations 235); Sec. 2455, Pub. L. 103–355, 108 Stat. 3327 (31 U.S.C. 6101 note); 5 U.S.C. 301; U.S.C. 6101 note. § 12.75 I [Removed] 3. Remove § 12.75. § 12.913 I regulations to update a telephone number for the Office of Information Services and an NRC Web site location. This document is necessary to inform the public of these changes to the NRC’s regulations. EFFECTIVE DATE: June 18, 2007. FOR FURTHER INFORMATION CONTACT: Thomas Smith, Office of Information Services, Nuclear Regulatory Commission, Washington, DC 20555– 0001, 301–415–7043, e-mail TES@nrc.gov. [Removed] 4. Remove § 12.913. PART 42—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) [REMOVED] I 5. Remove part 42. 6. The authority for part 43 continues to read as follows: I Authority: E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235); Sec. 2455, Pub. L. 103–355, 108 Stat. 3327 (31 U.S.C. 6101 note); 5 U.S.C. 301; 31 U.S.C. § 43.510 [Amended] 7. Amend § 43.510(c) by removing the citation ‘‘43 CFR Part 42’’ and adding ‘‘2 CFR Part 180’’ in its place. I § 43.630 [Amended] 8. Amend § 43.630 by removing the phrase ‘‘the common rule, Governmentwide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689’’ and adding the citation ‘‘2 CFR part 180’’ in its place. I § 43.670 The NRC is revising its regulations to update a telephone number for the Office of Information Services and an NRC Web site location. The Web site contains detailed guidance on making electronic submissions to the agency. This guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. SUPPLEMENTARY INFORMATION: PART 43—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) [Amended] Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(1) and (2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 9. Amend § 43.670 by removing the phrase ‘‘the common rule, Governmentwide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689’’ and adding the citation ‘‘2 CFR part 180’’ in its place. Public Protection Notification [FR Doc. 07–2949 Filed 6–15–07; 8:45 am] Regulatory Analysis I BILLING CODE 4310–RF–M If a means used to impose an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection. RIN 3150–AI18 A regulatory analysis has not been prepared for this final rule. This final rule makes only minor administrative changes to the regulations that reference a telephone number and an NRC Web site, and imposes no burden on licensees. Therefore, a regulatory analysis is not necessary. Administrative Changes Backfit Analysis Nuclear Regulatory Commission. ACTION: Final rule. The NRC has determined that these amendments do not involve any provisions which would impose backfits as defined in 10 CFR 50.109(a)(1); therefore a backfit analysis is not necessary. NUCLEAR REGULATORY COMMISSION pwalker on PROD1PC71 with RULES 10 CFR Chapter I AGENCY: SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its VerDate Aug<31>2005 17:03 Jun 15, 2007 Jkt 211001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Congressional Review Act In accordance with the Congressional Review Act, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB. Because these amendments deal solely with agency organization and procedure, and represent minor administrative matters which do not raise any significant policy or regulatory issue, the NRC has determined that notice and comment is not necessary under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(A), and that in any event there is good cause for dispensing with such notice and comment under 5 U.S.C. 553(d)(3)(B). In addition, the NRC has determined that good cause exists for making the rule immediately effective upon publication, as provided for under 5 U.S.C. 553(d)(3), because the amendments represent minor administrative matters which do not raise any significant policy or regulatory issue and do not impose any significant regulatory requirement upon any regulated entity or person. I For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, 42 U.S.C. 2201, as amended, and 42 U.S.C. 5841, the NRC is adopting the following amendments to 10 CFR Chapter I to read as follows: 10 CFR Chapter I [Amended] I 1. In Chapter I revise all references to ‘‘(301) 415–6030’’ to read ‘‘(301) 415– 0439’’. I 2. In Chapter I revise all references to ‘‘https://www.nrc.gov/site-help/eie.html’’ to read ‘‘https://www.nrc.gov/site-help/ e-submittals.html’’. Dated at Rockville, Maryland, this 4th day of June, 2007. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. E7–11708 Filed 6–15–07; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 558 New Animal Drugs for Use in Animal Feeds; Lincomycin AGENCY: Food and Drug Administration, HHS. E:\FR\FM\18JNR1.SGM 18JNR1

Agencies

[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Rules and Regulations]
[Pages 33383-33386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2949]



========================================================================
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. 116 / Monday, June 18, 2007 / Rules 
and Regulations

[[Page 33383]]



DEPARTMENT OF THE INTERIOR

Office of the Secretary

2 CFR Part 1400

43 CFR Parts 12, 42, and 43

RIN 1090-AA96


Department of the Interior Implementation of OMB Guidance on 
Nonprocurement Debarment and Suspension

AGENCY: Office of the Secretary, Interior.

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Department of the Interior (Department) proposes to remove 
its regulations implementing the government-wide common rule on 
nonprocurement debarment and suspension, and to adopt in their place 
the Office of Management and Budget's (OMB) guidance. This regulatory 
action would implement OMB's initiative to streamline and consolidate 
all federal regulations on nonprocurement debarment and suspension into 
one part of the CFR. The Department does not intend to modify any of 
its current policy.

DATES: This interim rule is effective July 18, 2007. Submit comments on 
this interim rule by August 17, 2007.

ADDRESSES: You may submit comments on the rulemaking by any of the 
following methods listed below. Please use the Regulation Identifier 
Number (RIN) 1090-AA96 in your message:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions on the Web site for submitting comments.
     E-mail: Melodee--Stith@ios.doi.gov. Please submit Internet 
comments as an ASCII file and avoid the use of special characters and 
any form of encryption. Also, please include ``Attn: RIN 1090-AA96'' 
and your name and return address in your Internet message. If you do 
not receive a confirmation that we have received your Internet message, 
call the contact person listed below.
     Regular U.S. Mail: E. Melodee Stith, U.S. Department of 
the Interior, Office of Acquisition and Property Management, 1849 C 
Street, NW., Mail Stop 2607-MIB, Washington, DC 20240.
     Overnight mail, courier, or hand-delivery: E. Melodee 
Stith, U.S. Department of the Interior, Office of Acquisition and 
Property Management, 1849 C Street, NW., Mail Stop 2607-MIB, 
Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Melodee Stith at (202) 208-5830 or by 
e-mail at Melodee--Stith@ios.doi.gov.

SUPPLEMENTARY INFORMATION:

Background

    On August 31, 2005, the Office of Management and Budget (OMB) 
issued an interim final guidance that implemented its Guidance for 
Governmentwide Debarment and Suspension (Nonprocurement), codified in 
Part 180 of Title 2 of the Code of Federal Regulations (70 FR 51862, 
August 31, 2005). In addition to restating and updating its guidance on 
nonprocurement debarment and suspension, the interim final guidance 
requires all Federal agencies to adopt a new approach to Federal agency 
implementation of the guidance. OMB requires each agency to issue a 
brief rule that: (1) Adopts the guidance, giving it regulatory effect 
for that agency's activities; and (2) states any agency-specific 
additions, clarifications, and exceptions to the government-wide 
policies and procedures contained in the guidance. That guidance also 
requires agencies to implement the OMB guidance by February 28, 2007.
    Pursuant to the requirements in OMB's interim final guidance, the 
Department of the Interior (Department) proposes to: (1) Remove 43 CFR 
Part 42; (2) replace the Department's part containing the full text of 
the debarment and suspension common rule with a brief part implementing 
OMB's guidance and any provisions specific to the Department; (3) co-
locate the Department's part with OMB's guidance in 2 CFR along with 
other agencies' regulations in that title; and (4) revise references in 
43 CFR Part 12 with the citation to the Department's regulations 
located in Title 2, CFR Subtitle B section 1400.
    This interim final regulatory action would implement the OMB's 
initiative to streamline and consolidate all Federal regulations on 
nonprocurment debarment and suspension into one part of the CFR, and 
does not make any change to current policy and procedures. Under 5 
U.S.C. 553(b)(3)(A) agencies are not required to undergo notice and 
comment procedure for ``interpretive rules, general statements of 
policy, or rules of agency organization, procedure, or practice.''

Invitation to Comment

    We intend the new part in 2 CFR to adopt the OMB guidelines with 
the same additions and clarifications made to the common rule on 
nonprocurement debarment and suspension in the Federal Register 
publication of November 26, 2003 (68 FR 66628).

Administrative Procedure Act

    The Department has determined that the public notice and comment 
provisions of the Administrative Procedure Act, 5 U.S.C. 553(b), do not 
apply because of the good cause exception under 5 U.S.C. 553(b)(3)(B), 
which allows the agency to suspend the notice and public procedure when 
the agency finds for good cause that those requirements are 
impractical, unnecessary, and contrary to the public interest. This 
action would merely remove the Department's current policy and 
provisions related to the debarment and suspension common rule and 
replace it with a brief part adopting OMB's guidance and implementing 
any provisions specific to the Department. In addition, it would co-
locate the Department's regulations with OMB's guidance in 2 CFR along 
with other agencies' rules in that title. These revisions are purely 
administrative in nature and do not modify the Department's current 
policy.

Executive Order 12866

    This proposed regulatory action has been determined to be not 
significant for purposes of E.O. 12866.

Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))

    This rule, if adopted, would not have a significant economic impact 
on a substantial number of small entities. This action would merely 
remove the

[[Page 33384]]

Department's current policy and provisions related to the debarment and 
suspension common rule and replace it with a brief part adopting OMB's 
guidance and implementing any provisions specific to the Department. In 
addition, it would co-locate the Department's regulations with OMB's 
guidance in 2 CFR along with other agencies' rules in that title. These 
revisions are purely administrative in nature and do not modify the 
Department's current policy. Because these changes are not substantive, 
we believe that this action would not have a significant economic 
impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This action adopts the 
common rule established by OMB regarding persons who have been debarred 
or suspended. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Takings (E.O. 12630)

    Under the criteria in Executive Order 12630, this rule does not 
have significant takings implications. A takings implication assessment 
is not required.

Unfunded Mandates Act 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. 
Notwithstanding any other provision of law, no person is required to 
respond to, nor shall any person be subject to a penalty for failure to 
comply with a collection of information subject to the Paperwork 
Reduction Act unless that collection displays a currently valid OMB 
Control Number.

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.

Consultation With Indian Tribes (E.O. 13175)

    Under the criteria in Executive Order 13175, we have evaluated this 
rule and determined that it has no potential effects on federally 
recognized Indian tribes. This rule makes non-substantive changes to 
the Department's nonprocurement debarment and suspension procedures.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required.

Data Quality Act

    In developing this rule we did not conduct or use a study, 
experiment, or survey requiring peer review under the Data Quality Act 
(Pub. L. 106-554).

List of Subjects

2 CFR Subtitle B, Part 1400

    Administrative practice and procedure, Debarment and suspension, 
Grant programs, Reporting and recordkeeping requirements.

43 CFR Part 12

    Administrative practice and procedure, Administrative and audit 
requirements and cost principles for assistance programs.

43 CFR Part 42

    Administrative practice and procedure, Governmentwide Debarment and 
Suspension (nonprocurement).

43 CFR Part 43

    Administrative practice and procedure, Governmentwide Requirements 
for Drug-Free Workplace (Financial Assistance).

    Dated: May 11, 2007.
James E. Cason,
Associate Deputy Secretary.

0
Accordingly, under the authority of 5 U.S.C. 301, the Department of the 
Interior makes the following amendments to the Code of Federal 
Regulations, Title 2, Subtitle B, Part 1400 and Title 43 CFR Parts 12, 
42, and 43:



TITLE 2--GRANTS AND AGREEMENTS

0
1. Add Chapter 14, consisting of Part 1400, to Subtitle B to read as 
follows:

CHAPTER 14--DEPARTMENT OF THE INTERIOR

PART 1400--NONPROCUREMENT DEBARMENT AND SUSPENSION

Sec.
1400.10 What does this part do?
1400.20 When does this part apply to me?
1400.30 What policies and procedures must I follow?
Subpart A--General
1400.137 Who in the Department of the Interior may grant an 
exception to let an excluded person participate in a covered 
transaction?
Subpart B--Covered Transactions
1400.215 Which nonprocurement transactions, in addition to those 
listed in 2 CFR 180.215, are not covered transactions?
1400.220 What contracts and subcontracts, in addition to those 
listed in 2 CFR 180.220, are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
1400.332 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
1400.437 What method do I use to communicate to a participant the 
requirements described in the OMB guidance at 2 CFR 180.435?
Subpart E-H--[Reserved]
Subpart I--Definitions
1400.930 Debarring official (Department of the Interior supplement 
to the definition at 2 CFR 180.930).

[[Page 33385]]

1400.970 Nonprocurement transaction (Department of the Interior 
supplement to the definition at 2 CFR 180.930).
1400.1010 Suspending official (Department of the Interior supplement 
to the definition at 2 CFR 180.930).

    Authority: E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 
CFR, 1989 Comp., p. 235); sec. 2455 Pub. L. 103-355, 108 Stat. 3327 
(31 U.S.C. 6101 note); 5 U.S.C. 301.


Sec.  1400.10  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 the Department of the Interior policies and procedures for 
nonprocurement debarment and suspension. It thereby gives regulatory 
effect 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.  1400.20  When 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) 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, as supplemented by subpart B and Sec.  
1400.970);
    (b) Respondent in a Department of the Interior suspension or 
debarment action;
    (c) Department of the Interior debarment or suspension official, 
i.e., the Director, Office of Acquisition and Property Management; or
    (d) Department of the Interior grants officer, agreements officer, 
or other official authorized to enter into any type of nonprocurement 
transaction that is a covered transaction.


Sec.  1400.30  What policies and procedures must I follow?

    (a) The Department of the Interior policies and procedures that you 
must follow are specified in:
    (1) Each applicable section of the OMB guidance in subparts A 
through I of 2 CFR part 180; and
    (2) The supplement to each section of the OMB guidance that is 
found in this part under 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. 1400.220)).
    (b) For any section of OMB guidance in subparts A through I of 2 
CFR part 180 that has no corresponding section in this part, Department 
of the Interior policies and procedures are those in the OMB guidance.

Subpart A--General


Sec.  1400.137  Who in the Department of the Interior may grant an 
exception to let an excluded person participate in a covered 
transaction?

    Within the Department of the Interior, the Director, Office of 
Acquisition and Property Management has the authority to grant an 
exception to let an excluded person participate in a covered 
transaction, as provided in the OMB guidance at 2 CFR 180.135.

Subpart B--Covered Transactions


Sec.  1400.215  Which nonprocurement transactions, in addition to those 
listed in 2 CFR 180.215, are not covered transactions?

    (a) Transactions entered into pursuant to Public Law 93-638, 88 
Stat. 2203.
    (b) Under natural resource management programs, permits, licenses, 
exchanges, and other acquisitions of real property, rights-of-way, and 
easements.
    (c) Transactions concerning mineral patent claims entered into 
pursuant to 30 U.S.C. 22 et seq.; and
    (d) Water service contracts and repayments entered into pursuant to 
43 U.S.C. 485.


Sec.  1400.220  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), the Department of the Interior 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.  1400.332  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.  1400.437  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, as supplemented by subpart C of this part, and 
requires the participant to include a similar term or condition in 
lower-tier covered transactions.

Subpart E-H--[Reserved]

Subpart I--Definitions


Sec.  1400.930  Debarring official (Department of the Interior 
supplement to the definition at 2 CFR 180.930).

    The Debarring Official for the Department of the Interior is the 
Director, Office of Acquisition and Property Management.


Sec.  1400.970  Nonprocurement transaction (Department of the Interior 
supplement to the definition at 2 CFR 180.970).

    In addition to those listed in 2 CFR 180.970, the Department of the 
Interior includes the following as nonprocurement transactions:
    (a) Federal acquisition of a leasehold interest or any other 
interest in real property;
    (b) Concession contracts;
    (c) Disposition of Federal real and personal property and natural 
resources; and
    (d) Any other nonprocurement transactions between the Department 
and a person.


Sec.  1400.1010  Suspending official (Department of the Interior 
supplement to the definition at 2 CFR 180.930).

    The Suspending Official for the Department of the Interior is the 
Director, Office of Acquisition and Property Management.

Subpart J--[Reserved]

TITLE 43, PUBLIC LANDS: INTERIOR

PART 12--ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES 
FOR ASSISTANCE PROGRAMS

0
2. The authority citation for part 12 continues to read as follows:

    Authority: E.O 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 
CFR, 1989 Comp., p.

[[Page 33386]]

235); Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 
note); 5 U.S.C. 301; U.S.C. 6101 note.


Sec.  12.75  [Removed]

0
3. Remove Sec.  12.75.


Sec.  12.913  [Removed]

0
4. Remove Sec.  12.913.

PART 42--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 
[REMOVED]

0
5. Remove part 42.

PART 43--GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE 
(FINANCIAL ASSISTANCE)

0
6. The authority for part 43 continues to read as follows:

    Authority: E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 
CFR, 1989 Comp., p. 235); Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 
(31 U.S.C. 6101 note); 5 U.S.C. 301; 31 U.S.C.


Sec.  43.510  [Amended]

0
7. Amend Sec.  43.510(c) by removing the citation ``43 CFR Part 42'' 
and adding ``2 CFR Part 180'' in its place.


Sec.  43.630  [Amended]

0
8. Amend Sec.  43.630 by removing the phrase ``the common rule, 
Government-wide Debarment and Suspension (Nonprocurement), that 
implements Executive Order 12549 and Executive Order 12689'' and adding 
the citation ``2 CFR part 180'' in its place.


Sec.  43.670  [Amended]

0
9. Amend Sec.  43.670 by removing the phrase ``the common rule, 
Government-wide Debarment and Suspension (Nonprocurement), that 
implements Executive Order 12549 and Executive Order 12689'' and adding 
the citation ``2 CFR part 180'' in its place.

[FR Doc. 07-2949 Filed 6-15-07; 8:45 am]
BILLING CODE 4310-RF-M

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