Implementation of the Office of OMB Guidance on Nonprocurement Debarment and Suspension, 35349 [E7-12225]

Download as PDF 35349 Rules and Regulations Federal Register Vol. 72, No. 124 Thursday, June 28, 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 HEALTH AND HUMAN SERVICES Office of the Secretary 2 CFR Part 376 45 CFR Parts 74 and 76 Implementation of the Office of OMB Guidance on Nonprocurement Debarment and Suspension Department of Health and Human Services. ACTION: Final rule. AGENCY: rfrederick on PROD1PC67 with RULES VerDate Aug<31>2005 13:48 Jun 27, 2007 Jkt 211001 A. Executive Order 12866, Regulatory Planning and Review HHS has determined that 2 CFR part 376 is not a significant regulatory action. B. Regulatory Flexibility Act HHS certifies this rulemaking will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act [5 U.S.C. 605(b)]. Therefore, no regulatory flexibility statement has been prepared. Since this rule relocates existing HHS nonprocurement and debarment policies or procedures and does not promulgate any new policies and procedures that would impact the public, it has been determined that this rule will not have a significant economic effect on a substantial number of small entities, and, thus, a regulatory flexibility analysis was not performed. 45 CFR Part 74 Accounting, Colleges and universities, Grant programs, Hospitals, Indians, Intergovernmental relations, Nonprofit organizations, Reporting and recordkeeping requirements. 45 CFR Part 76 Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. Dated: June 18, 2007. Michael O. Leavitt, Secretary. Accordingly, under the authority of 5 U.S.C. 301; 31 U.S.C. 6101 (note); E.O. 12689 (3 CFR, 1989 Comp., p. 235); E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 11738 (3 CFR, 1973 Comp., p. 799), the interim rule amending 2 CFR part 376 and 45 CFR parts 74 and 76 which was published at 72 FR 9233 on March 1, 2007, is adopted as a final rule without change. I C. Unfunded Mandates Reform Act The Department of Health and Human Services (‘‘HHS’’ or the ‘‘Department’’) adopted, by an interim final rule, the Office of Management and Budget (OMB) guidance at 2 CFR part 180 on nonprocurement debarment and suspension including some provisions specific to HHS. Public comment on this action was solicited in a Federal Register notice dated March 1, 2007. No comments were received; therefore, the Department makes no changes to its interim final rule and it remains in effect as of March 1, 2007. Pursuant to the requirements in OMB guidance, HHS makes final the following regulatory actions: Removes its existing regulation on nonprocurement debarment at 45 CFR part 76, establishes a new part 376 in title 2 Code of Federal Regulations (CFR) adopting OMB’s guidance and adding provisions specific to HHS, and revises the reference in 45 CFR 74.13 to reflect the new citation to 2 CFR part 376. DATES: Effective June 28, 2007. FOR FURTHER INFORMATION CONTACT: Nancy Weisman, Office of Grants Policy, Oversight and Evaluation, U.S. Department of Health and Human Services, at (202) 260–4573, or e-mail her at Nancy.Weisman@hhs.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Procedural Review Requirements [FR Doc. E7–12225 Filed 6–27–07; 8:45 am] HHS has determined that 2 CFR 376 does not contain a Federal mandate under 2 U.S.C. 1501(7) that may 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. BILLING CODE 4150–24–P D. Paperwork Reduction Act The Paperwork Reduction Act, 44 U.S.C. 35, does not apply because the issuance of 2 CFR part 376 does not impose any new reporting or recordkeeping requirements that require approval by OMB. E. Executive Order 13132, Federalism This regulation does not have federalism implications, as set forth in Executive Order 13132. This regulation does not have substantial direct effects on the states, the relationship between the Federal government and the states, or the distribution of power and responsibilities among the various levels of government. List of Subjects 2 CFR Part 376 Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2007–28298; Airspace Docket No. 07–ASO–10] Amendment of Class D Airspace; Valdosta, Moody AFB, GA Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: This action amends Class D airspace at Valdosta, Moody AFB, GA. The Air Education Training Command (AETC) T–6 mission at Moody AFB has been eliminated. Therefore, the requirement for a 7-mile radius of Moody AFB is no longer required. The Moody AFB Class D airspace is amended to airspace upward from the surface up to and including 2,700 MSL within a 5-mile radius of the airport. DATES: Effective Date: 0901 UTC, August 30, 2007. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order E:\FR\FM\28JNR1.SGM 28JNR1

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[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Rules and Regulations]
[Page 35349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12225]



========================================================================
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. 124 / Thursday, June 28, 2007 / Rules 
and Regulations

[[Page 35349]]



DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

2 CFR Part 376

45 CFR Parts 74 and 76


Implementation of the Office of OMB Guidance on Nonprocurement 
Debarment and Suspension

AGENCY: Department of Health and Human Services.

ACTION: Final rule.

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

SUMMARY: The Department of Health and Human Services (``HHS'' or the 
``Department'') adopted, by an interim final rule, the Office of 
Management and Budget (OMB) guidance at 2 CFR part 180 on 
nonprocurement debarment and suspension including some provisions 
specific to HHS. Public comment on this action was solicited in a 
Federal Register notice dated March 1, 2007. No comments were received; 
therefore, the Department makes no changes to its interim final rule 
and it remains in effect as of March 1, 2007. Pursuant to the 
requirements in OMB guidance, HHS makes final the following regulatory 
actions: Removes its existing regulation on nonprocurement debarment at 
45 CFR part 76, establishes a new part 376 in title 2 Code of Federal 
Regulations (CFR) adopting OMB's guidance and adding provisions 
specific to HHS, and revises the reference in 45 CFR 74.13 to reflect 
the new citation to 2 CFR part 376.

DATES: Effective June 28, 2007.

FOR FURTHER INFORMATION CONTACT: Nancy Weisman, Office of Grants 
Policy, Oversight and Evaluation, U.S. Department of Health and Human 
Services, at (202) 260-4573, or e-mail her at Nancy.Weisman@hhs.gov.

SUPPLEMENTARY INFORMATION:

I. Procedural Review Requirements

A. Executive Order 12866, Regulatory Planning and Review

    HHS has determined that 2 CFR part 376 is not a significant 
regulatory action.

B. Regulatory Flexibility Act

    HHS certifies this rulemaking will not have a significant economic 
effect on a substantial number of small entities under the Regulatory 
Flexibility Act [5 U.S.C. 605(b)]. Therefore, no regulatory flexibility 
statement has been prepared. Since this rule relocates existing HHS 
nonprocurement and debarment policies or procedures and does not 
promulgate any new policies and procedures that would impact the 
public, it has been determined that this rule will not have a 
significant economic effect on a substantial number of small entities, 
and, thus, a regulatory flexibility analysis was not performed.

C. Unfunded Mandates Reform Act

    HHS has determined that 2 CFR 376 does not contain a Federal 
mandate under 2 U.S.C. 1501(7) that may 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.

D. Paperwork Reduction Act

    The Paperwork Reduction Act, 44 U.S.C. 35, does not apply because 
the issuance of 2 CFR part 376 does not impose any new reporting or 
recordkeeping requirements that require approval by OMB.

E. Executive Order 13132, Federalism

    This regulation does not have federalism implications, as set forth 
in Executive Order 13132. This regulation does not have substantial 
direct effects on the states, the relationship between the Federal 
government and the states, or the distribution of power and 
responsibilities among the various levels of government.

List of Subjects

2 CFR Part 376

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

45 CFR Part 74

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Indians, Intergovernmental relations, Nonprofit organizations, 
Reporting and recordkeeping requirements.

45 CFR Part 76

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

    Dated: June 18, 2007.
Michael O. Leavitt,
Secretary.

0
Accordingly, under the authority of 5 U.S.C. 301; 31 U.S.C. 6101 
(note); E.O. 12689 (3 CFR, 1989 Comp., p. 235); E.O. 12549 (3 CFR, 1986 
Comp., p. 189); E.O. 11738 (3 CFR, 1973 Comp., p. 799), the interim 
rule amending 2 CFR part 376 and 45 CFR parts 74 and 76 which was 
published at 72 FR 9233 on March 1, 2007, is adopted as a final rule 
without change.

[FR Doc. E7-12225 Filed 6-27-07; 8:45 am]
BILLING CODE 4150-24-P
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