Department of Transportation Implementation of OMB Guidance on Nonprocurement Suspension and Debarment, 24139-24141 [E8-8788]
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24139
Rules and Regulations
Federal Register
Vol. 73, No. 86
Friday, May 2, 2008
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 TRANSPORTATION
Office of the Secretary
2 CFR Part 1200
49 CFR Part 29
RIN 2105–AD68
Department of Transportation
Implementation of OMB Guidance on
Nonprocurement Suspension and
Debarment
Office of the Secretary (OST),
Department of Transportation.
ACTION: Final rule.
ebenthall on PRODPC60 with RULES
AGENCY:
SUMMARY: The Department of
Transportation (Department) is moving
its regulations on nonprocurement
suspension and debarment from their
current location in title 49 of the Code
of Federal Regulations (CFR) to title 2 of
the CFR. By issuing this final rule and
moving its nonprocurement suspension
and debarment regulations to new CFR
part 1200 in title 2 thereof, the
Department is also adopting the interim
and final government-wide guidance on
nonprocurement suspension and
debarment issued by the Office of
Management and Budget (OMB) in the
Federal Register on August 31, 2005 (70
FR 51863) and November 15, 2006 (71
FR 66431), respectively. The OMB
guidance can be found in 2 CFR Part
180, Subtitle A, Chapter I. These actions
by the Department implement OMB
initiatives to streamline and consolidate
all federal regulations on
nonprocurement suspension and
debarment into one part of the CFR. In
addition, this rule removes 49 CFR Part
29, regulations that reflect the
Department’s implementation of the
government-wide common rule on
nonprocurement suspension and
debarment. These changes are nonsubstantive in nature and constitute an
administrative simplification that would
VerDate Aug<31>2005
15:19 May 01, 2008
Jkt 214001
make no substantive change in
Department policy or procedures for
nonprocurement suspension and
debarment.
DATES: This final rule is effective on
June 2, 2008.
FOR FURTHER INFORMATION CONTACT: Ms.
Ellen Shields, Office of the Senior
Procurement Executive, Office of
Administration (M–61), (202) 366–4268,
400 Seventh Street, SW., Washington,
DC 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal Holidays.
SUPPLEMENTARY INFORMATION:
Background
On May 11, 2004, OMB established
title 2 of the CFR with two subtitles (69
FR 26275). Subtitle A, ‘‘Governmentwide Grants and Agreements,’’ contains
OMB policy guidance to Federal
agencies on grants and agreements.
Subtitle B, ‘‘Federal Agency Regulations
for Grants and Agreements,’’ contains
Federal agencies’ regulations
implementing the OMB guidance, as it
applies to grants and other financial
assistance agreements and
nonprocurement transactions.
On August 31, 2005, OMB published
interim final guidance for governmentwide nonprocurement suspension and
debarment in the Federal Register (70
FR 51863). The guidance is located in
title 2 of the CFR as new subtitle A,
Chapter 1, part 180. The interim final
guidance updated previous OMB
guidance that was issued pursuant to
Executive Order 12549, ‘‘Suspension
and debarment’’ (February 18, 1986),
which have government-wide effect on
each agency’s nonprocurement
suspension and debarment actions.
Section 6 of the Executive Order
authorized OMB to issue guidance to
Executive agencies on nonprocurement
suspension and debarment, including
provisions describing government-wide
criteria and minimum due process.
Section 3 directed Executive agencies to
issue regulations implementing the
Executive Order that are consistent with
the OMB guidelines. On November 15,
2006, OMB published a final rule
adopting the final guidance with
changes (71 FR 66431).
This final rule places DOT’s
nonprocurement suspension and
debarment regulations in subtitle B of
title 2 of the CFR, along with other
agencies’ nonprocurement suspension
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
and debarment rules. The new 2 CFR
part 1200 adopts the OMB guidelines
with additions and clarifications that
the Department made to the common
rule on nonprocurement suspension and
debarment in November 2003 (68 FR
66643) and October 2006 (71 FR 62394).
DOT is not soliciting public comment
on this rule and is instead issuing this
rule as a final rule. Under 5 U.S.C.
553(b)(3)(A) agencies are not required to
undergo notice and comment procedure
for ‘‘interpretative rules, general
statements of policy, or rules of agency
organization, procedure, or practice.’’
Because this rule adopts OMB’s
published guidelines, which followed
notice and comment procedures, and
colocates DOT’s specific
nonprocurement suspension and
debarment rules to title 2 of the CFR, we
believe that it falls under the exception
cited above. In addition, the Department
believes that there would not be
meaningful public comment on this
rule, which is purely administrative in
nature.
Executive Order 12866
The Department has determined that
this rule is nonsignificant. It is purely
administrative in nature and does not
impose new burdens on any parties.
Regulatory Flexibility Act of 1980
The Department certifies that this rule
will not have a significant effect on a
substantial number of small entities.
That is because, as a purely
administrative rule, it does not create
economic effects on anyone.
Unfunded Mandates Act of 1995
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, as adjusted for
inflation.
Paperwork Reduction Act of 1995
This regulatory action will not impose
any additional reporting or
recordkeeping requirements under the
Paperwork Reduction Act.
Executive Order 13132 (Federalism)
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
E:\FR\FM\02MYR1.SGM
02MYR1
24140
Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Rules and Regulations
Subparts E Through J—[Reserved]
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
List of Subjects
Authority: 49 U.S.C. 322; Sec. 2455, Public
Law 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).
2 CFR Part 1200
§ 1200.10
Administrative practice and
procedure, Suspension and debarment,
Grant programs, Reporting and
recordkeeping requirements.
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
Transportation policies and procedures
for nonprocurement suspension and
debarment. It thereby gives regulatory
effect for the Department of
Transportation to the OMB guidance as
supplemented by this part. This part
satisfies the requirements in section 3 of
Executive Order 12549, ‘‘Supension and
Debarment’’ (3 CFR 1986 Comp., p.
189), Executive Order 12689,
‘‘Suspension and Debarment’’ (3 CFR
1989 Comp., p. 235) and 31 U.S.C. 6101
note (Section 2455, Public Law 103–
355, 108 Stat. 3327).
49 CFR Part 29
Administrative practice and
procedure, Government contracts, Grant
programs, Loan programs, Reporting
and recordkeeping requirements.
Issued on April 14, 2008.
Mary E. Peters,
Secretary of Transportation.
For the reasons stated in the preamble,
under the authority of Sec. 2455, Public
Law 103–355, 108 Stat. 3327 (31 U.S.C.
6101 note); E.O. 11738 (3 CFR, 1973
Comp., p. 799); E.O. 12549 (3 CFR, 1986
Comp., p. 189); E.O. 12689 (3 CFR 1989
Comp., p. 235), the Department of
Transportation amends Title 2, subtitle
B and title 49, subtitle A, of the Code
of Federal Regulations as follows:
I
Title 2—Grants and Agreements
1. Add Chapter 12, consisting of part
1200 to Subtitle B to read as follows:
I
Chapter 12—Department of
Transportation
PART 1200—NONPROCUREMENT
SUSPENSION AND DEBARMENT
Sec.
1200.10 What does this part do?
1200.20 Does this part apply to me?
1200.30 What policies and procedures must
I follow?
Subpart A—General
1200.137 Who in the Department of
Transportation may grant an exception to
let an excluded person participate in a
covered transaction?
Subpart B—Covered Transactions
1200.220 What contracts and subcontracts,
in addition to those listed in 2 CFR
180.220, are covered transactions?
ebenthall on PRODPC60 with RULES
Subpart C—Responsibilities of Participants
Regarding Transactions
1200.332 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
1200.437 What method do I use to
communicate to a participant the
requirements described in the OMB
guidance at 2 CFR 180.435?
VerDate Aug<31>2005
15:19 May 01, 2008
Jkt 214001
§ 1200.20
What does this part do?
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 Department of
Transportation suspension or debarment
action;
(c) Department of Transportation
debarment or suspension official;
(d) Department of Transportation
grants officer, agreements officer, or
other official authorized to enter into
any type of nonprocurement transaction
that is a covered transaction.
§ 1200.30 What policies and procedures
must I follow?
The Department of Transportation
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.,
§ 1200.220). For any section of OMB
guidance in Subparts A through I of 2
CFR 180 that has no corresponding
section in this part, Department of
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Transportation policies and procedures
are those in the OMB guidance.
Subpart A—General
§ 1200.137 Who in the Department of
Transportation may grant an exception to
let an excluded person participate in a
covered transaction?
Within the Department of
Transportation, Office of the Secretary,
the Secretary or an official designated
by the Secretary may grant an exception
permitting an excluded person to
participate in a particular covered
transaction. Within an Operating
Administration of the Department of
Transportation, the head of the
operating administration may grant an
exception permitting an excluded
person to participate in a particular
covered transaction. The head of an
operating administration may delegate
this function and authorize successive
delegations.
Subpart B—Covered Transactions
§ 1200.220 What contracts and
subcontracts, in addition to those listed in
2 CFR 180.220, are covered transactions?
In addition to the contracts covered
under 2 CFR 180.220(b) of the OMB
guidance, this part applies to any
contract, regardless of tier, that is
awarded by a contractor, subcontractor,
supplier, consultant, or its agent or
representative in any transaction, if the
contract is to be funded or provided by
the Department of Transportation under
a covered nonprocurement transaction
and the amount of the contract is
expected to equal or exceed $25,000.
This extends the coverage of the
Department of Transportation
nonprocurement suspension and
debarment requirements to all lower
tiers of subcontracts under covered
nonprocurement transactions, as
permitted under the OMB guidance at 2
CFR 180.220(c) (see optional lower-tier
coverage in the figure in the appendix
to 2 CFR part 180).
Subpart C—Responsibilities of
Participants Regarding Transactions
§ 1200.332 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,
as supplemented by this subpart.
E:\FR\FM\02MYR1.SGM
02MYR1
Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Rules and Regulations
Subpart D—Responsibilities of Federal
Agency Officials Regarding
Transactions
The TCH has also received reports of loose
rivets attaching the inboard Anchor
Assembly to the Starboard Torque Tube.
§ 1200.437 What method do I use to
communicate to a participant the
requirements described in the OMB
guidance at 2 CFR 180.435?
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
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.
Subpart E Through J—[Reserved]
Title 49—Transportation
PART 29—[REMOVED]
I
This AD becomes effective June
6, 2008.
On June 6, 2008, the Director of the
Federal Register approved the
incorporation by reference of certain
publications listed in this AD.
DATES:
You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
2. Remove part 29.
[FR Doc. E8–8788 Filed 5–1–08; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Taylor Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329–
4138; fax: (816) 329–4090.
SUPPLEMENTARY INFORMATION:
Federal Aviation Administration
Discussion
14 CFR Part 39
[Docket No. FAA–2007–0248 Directorate
Identifier 2007–CE–084–AD; Amendment
39–15500; AD 2008–09–19]
RIN 2120–AA64
Airworthiness Directives; De Havilland
Support Limited Model Beagle B.121
Series 1, 2, and 3 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
ebenthall on PRODPC60 with RULES
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
The Type Certificate Holder (TCH) has
received several reports of failed Rudder
torque tube assemblies. The torque tube
assemblies are subject to repetitive
inspection in accordance with Airworthiness
Directive 2060 PRE 80. The recent failures
occurred in service after the inspections
required by AD 2060 PRE 80 had been
performed. In the event of such failures, loss
of directional control through both the
Rudder and Nosewheel Steering may occur.
VerDate Aug<31>2005
15:19 May 01, 2008
Jkt 214001
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on November 27, 2007 (72 FR
66087). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
The Type Certificate Holder (TCH) has
received several reports of failed Rudder
torque tube assemblies. The torque tube
assemblies are subject to repetitive
inspection in accordance with Airworthiness
Directive 2060 PRE 80. The recent failures
occurred in service after the inspections
required by AD 2060 PRE 80 had been
performed. In the event of such failures, loss
of directional control through both the
Rudder and Nosewheel Steering may occur.
The TCH has also received reports of loose
rivets attaching the inboard Anchor
Assembly to the Starboard Torque Tube.
The MCAI requires the inspection of the
rudder torque tube assemblies and hubs
for cracking and loose rivets with
conditional correction or replacement
following De Havilland Support Limited
Service Bulletin B121/65, Issue 2, dated
August 10, 2005.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comment received.
PO 00000
Frm 00003
Fmt 4700
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24141
Comment Issue: Reference the Correct
TC Holder in the AD
Trevor A. Wood requests that the FAA
reference De Havilland Support Ltd.
(DHSL) in the proposed AD instead of
British Aerospace Aircraft Group,
Scottish Division. The commenter
points out that DHSL is the organization
that has published the service
information, and he believes that the
current type certificate data sheet for the
Beagle B.121 series 1, 2, and 3 airplanes
incorrectly references the type
certificate holder. The commenter
points out that the British Aerospace
Aircraft Group, Scottish Division,
relinquished responsibility for these
airplanes in November 2002 when the
type certificate was transferred to DHSL.
The FAA does not agree that the
NPRM incorrectly referenced British
Aerospace Aircraft Group, Scottish
Division, as the type certificate holder.
We cannot change the type certificate
data sheet without approval and request
from the State of Design, in this case the
United Kingdom Civil Aviation
Authority (CAA) and the European
Aviation Safety Agency (EASA).
However, since issuance of the NPRM,
the FAA has received such approval and
request. We have revised the type
certificate data sheet (A22EU, Revision
4, dated March 20, 2008) to reference
the type certificate holder of the Beagle
B.121 series 1, 2, and 3 airplanes as De
Havilland Support Limited. We have
made the appropriate changes in the
final rule AD action to reflect this.
Conclusion
We reviewed the available data,
including the comment received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We determined that these changes will
not increase the economic burden on
any operator or increase the scope of the
AD.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow FAA policies.
Any such differences are highlighted in
a NOTE within the AD.
E:\FR\FM\02MYR1.SGM
02MYR1
]]>Agencies
[Federal Register Volume 73, Number 86 (Friday, May 2, 2008)]
[Rules and Regulations]
[Pages 24139-24141]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8788]
========================================================================
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. 73, No. 86 / Friday, May 2, 2008 / Rules and
Regulations
[[Page 24139]]
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
2 CFR Part 1200
49 CFR Part 29
RIN 2105-AD68
Department of Transportation Implementation of OMB Guidance on
Nonprocurement Suspension and Debarment
AGENCY: Office of the Secretary (OST), Department of Transportation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Transportation (Department) is moving its
regulations on nonprocurement suspension and debarment from their
current location in title 49 of the Code of Federal Regulations (CFR)
to title 2 of the CFR. By issuing this final rule and moving its
nonprocurement suspension and debarment regulations to new CFR part
1200 in title 2 thereof, the Department is also adopting the interim
and final government-wide guidance on nonprocurement suspension and
debarment issued by the Office of Management and Budget (OMB) in the
Federal Register on August 31, 2005 (70 FR 51863) and November 15, 2006
(71 FR 66431), respectively. The OMB guidance can be found in 2 CFR
Part 180, Subtitle A, Chapter I. These actions by the Department
implement OMB initiatives to streamline and consolidate all federal
regulations on nonprocurement suspension and debarment into one part of
the CFR. In addition, this rule removes 49 CFR Part 29, regulations
that reflect the Department's implementation of the government-wide
common rule on nonprocurement suspension and debarment. These changes
are non-substantive in nature and constitute an administrative
simplification that would make no substantive change in Department
policy or procedures for nonprocurement suspension and debarment.
DATES: This final rule is effective on June 2, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Ellen Shields, Office of the
Senior Procurement Executive, Office of Administration (M-61), (202)
366-4268, 400 Seventh Street, SW., Washington, DC 20590. Office hours
are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except
Federal Holidays.
SUPPLEMENTARY INFORMATION:
Background
On May 11, 2004, OMB established title 2 of the CFR with two
subtitles (69 FR 26275). Subtitle A, ``Government-wide Grants and
Agreements,'' contains OMB policy guidance to Federal agencies on
grants and agreements. Subtitle B, ``Federal Agency Regulations for
Grants and Agreements,'' contains Federal agencies' regulations
implementing the OMB guidance, as it applies to grants and other
financial assistance agreements and nonprocurement transactions.
On August 31, 2005, OMB published interim final guidance for
government-wide nonprocurement suspension and debarment in the Federal
Register (70 FR 51863). The guidance is located in title 2 of the CFR
as new subtitle A, Chapter 1, part 180. The interim final guidance
updated previous OMB guidance that was issued pursuant to Executive
Order 12549, ``Suspension and debarment'' (February 18, 1986), which
have government-wide effect on each agency's nonprocurement suspension
and debarment actions. Section 6 of the Executive Order authorized OMB
to issue guidance to Executive agencies on nonprocurement suspension
and debarment, including provisions describing government-wide criteria
and minimum due process. Section 3 directed Executive agencies to issue
regulations implementing the Executive Order that are consistent with
the OMB guidelines. On November 15, 2006, OMB published a final rule
adopting the final guidance with changes (71 FR 66431).
This final rule places DOT's nonprocurement suspension and
debarment regulations in subtitle B of title 2 of the CFR, along with
other agencies' nonprocurement suspension and debarment rules. The new
2 CFR part 1200 adopts the OMB guidelines with additions and
clarifications that the Department made to the common rule on
nonprocurement suspension and debarment in November 2003 (68 FR 66643)
and October 2006 (71 FR 62394).
DOT is not soliciting public comment on this rule and is instead
issuing this rule as a final rule. Under 5 U.S.C. 553(b)(3)(A) agencies
are not required to undergo notice and comment procedure for
``interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice.'' Because this rule adopts
OMB's published guidelines, which followed notice and comment
procedures, and colocates DOT's specific nonprocurement suspension and
debarment rules to title 2 of the CFR, we believe that it falls under
the exception cited above. In addition, the Department believes that
there would not be meaningful public comment on this rule, which is
purely administrative in nature.
Executive Order 12866
The Department has determined that this rule is nonsignificant. It
is purely administrative in nature and does not impose new burdens on
any parties.
Regulatory Flexibility Act of 1980
The Department certifies that this rule will not have a significant
effect on a substantial number of small entities. That is because, as a
purely administrative rule, it does not create economic effects on
anyone.
Unfunded Mandates Act of 1995
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, as adjusted for inflation.
Paperwork Reduction Act of 1995
This regulatory action will not impose any additional reporting or
recordkeeping requirements under the Paperwork Reduction Act.
Executive Order 13132 (Federalism)
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
[[Page 24140]]
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
List of Subjects
2 CFR Part 1200
Administrative practice and procedure, Suspension and debarment,
Grant programs, Reporting and recordkeeping requirements.
49 CFR Part 29
Administrative practice and procedure, Government contracts, Grant
programs, Loan programs, Reporting and recordkeeping requirements.
Issued on April 14, 2008.
Mary E. Peters,
Secretary of Transportation.
0
For the reasons stated in the preamble, under the authority of Sec.
2455, Public Law 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); E.O.
11738 (3 CFR, 1973 Comp., p. 799); E.O. 12549 (3 CFR, 1986 Comp., p.
189); E.O. 12689 (3 CFR 1989 Comp., p. 235), the Department of
Transportation amends Title 2, subtitle B and title 49, subtitle A, of
the Code of Federal Regulations as follows:
Title 2--Grants and Agreements
0
1. Add Chapter 12, consisting of part 1200 to Subtitle B to read as
follows:
Chapter 12--Department of Transportation
PART 1200--NONPROCUREMENT SUSPENSION AND DEBARMENT
Sec.
1200.10 What does this part do?
1200.20 Does this part apply to me?
1200.30 What policies and procedures must I follow?
Subpart A--General
1200.137 Who in the Department of Transportation may grant an
exception to let an excluded person participate in a covered
transaction?
Subpart B--Covered Transactions
1200.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
1200.332 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
1200.437 What method do I use to communicate to a participant the
requirements described in the OMB guidance at 2 CFR 180.435?
Subparts E Through J--[Reserved]
Authority: 49 U.S.C. 322; Sec. 2455, Public Law 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).
Sec. 1200.10 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 Transportation policies and procedures for
nonprocurement suspension and debarment. It thereby gives regulatory
effect for the Department of Transportation to the OMB guidance as
supplemented by this part. This part satisfies the requirements in
section 3 of Executive Order 12549, ``Supension and Debarment'' (3 CFR
1986 Comp., p. 189), Executive Order 12689, ``Suspension and
Debarment'' (3 CFR 1989 Comp., p. 235) and 31 U.S.C. 6101 note (Section
2455, Public Law 103-355, 108 Stat. 3327).
Sec. 1200.20 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 Department of Transportation suspension or
debarment action;
(c) Department of Transportation debarment or suspension official;
(d) Department of Transportation grants officer, agreements
officer, or other official authorized to enter into any type of
nonprocurement transaction that is a covered transaction.
Sec. 1200.30 What policies and procedures must I follow?
The Department of Transportation 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. 1200.220). For any section of OMB guidance in
Subparts A through I of 2 CFR 180 that has no corresponding section in
this part, Department of Transportation policies and procedures are
those in the OMB guidance.
Subpart A--General
Sec. 1200.137 Who in the Department of Transportation may grant an
exception to let an excluded person participate in a covered
transaction?
Within the Department of Transportation, Office of the Secretary,
the Secretary or an official designated by the Secretary may grant an
exception permitting an excluded person to participate in a particular
covered transaction. Within an Operating Administration of the
Department of Transportation, the head of the operating administration
may grant an exception permitting an excluded person to participate in
a particular covered transaction. The head of an operating
administration may delegate this function and authorize successive
delegations.
Subpart B--Covered Transactions
Sec. 1200.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
In addition to the contracts covered under 2 CFR 180.220(b) of the
OMB guidance, this part applies to any contract, regardless of tier,
that is awarded by a contractor, subcontractor, supplier, consultant,
or its agent or representative in any transaction, if the contract is
to be funded or provided by the Department of Transportation under a
covered nonprocurement transaction and the amount of the contract is
expected to equal or exceed $25,000. This extends the coverage of the
Department of Transportation nonprocurement suspension and debarment
requirements to all lower tiers of subcontracts under covered
nonprocurement transactions, as permitted under the OMB guidance at 2
CFR 180.220(c) (see optional lower-tier coverage in the figure in the
appendix to 2 CFR part 180).
Subpart C--Responsibilities of Participants Regarding Transactions
Sec. 1200.332 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, as supplemented by this subpart.
[[Page 24141]]
Subpart D--Responsibilities of Federal Agency Officials Regarding
Transactions
Sec. 1200.437 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.
Subpart E Through J--[Reserved]
Title 49--Transportation
PART 29--[REMOVED]
0
2. Remove part 29.
[FR Doc. E8-8788 Filed 5-1-08; 8:45 am]
BILLING CODE 4910-9X-P
