Department of Homeland Security Implementation of OMB Guidance on Nonprocurement Debarment and Suspension, 34495-34499 [E9-16429]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Rules and Regulations]
[Pages 34495-34499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16429]



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Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Rules 
and Regulations

[[Page 34495]]



DEPARTMENT OF HOMELAND SECURITY

2 CFR Part 3000

44 CFR Part 17

[Docket No. DHS-2007-0006]
RIN 1601-AA46


Department of Homeland Security Implementation of OMB Guidance on 
Nonprocurement Debarment and Suspension

AGENCY: Department of Homeland Security (DHS).

ACTION: Interim final rule with request for comments.

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

SUMMARY: The Department of Homeland Security (DHS) is issuing this 
interim final rule to establish a new part 3000 on nonprocurement 
debarment and suspension in Title 2 of the Code of Federal Regulations 
(CFR). This new part is the Department's implementation of the Office 
of Management and Budget's (OMB) guidance on nonprocurement debarment 
and suspension. This rulemaking is consistent with OMB's initiative to 
streamline and consolidate Federal regulations, and brings all DHS 
components under a DHS-wide nonprocurement debarment and suspension 
system.

DATES: This interim final rule is effective August 17, 2009. Comments 
and related material must be received on or before August 17, 2009.

ADDRESSES: You may submit comments, identified by the docket number to 
this rulemaking, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Van Pace, Department of Homeland Security, 245 
Murray Lane, SW., Bldg. 410--Room 3514-11, Washington, DC 20528-0001.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Van Pace, Office of Grant Policy and Oversight, Department of 
Homeland Security, at (202) 447-5269.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    The Department of Homeland Security (DHS) encourages interested 
persons to participate in this rulemaking by submitting comments and 
related materials. All comments received will be posted, without 
change, to https://www.regulations.gov and will include any personal 
information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (DHS-2007-0006), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means or mail 
at the address under ADDRESSES; but please submit your comments and 
material by only one means. If you submit them by mail or delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. We will consider all 
comments and material received during the comment period. We may change 
this rule in view of them.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (DHS-2007-0006) 
in the Search box, and click ``Go >>.'' Individuals without Internet 
access can make alternate arrangements for viewing comments and 
documents related to this rulemaking by contacting DHS at the FOR 
FURTHER INFORMATION CONTACT information above.

C. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one explaining why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced by a later notice in the Federal Register.

II. Interim Final Rule

    DHS is issuing this interim final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), DHS finds that good cause exists 
for not publishing a notice of proposed rulemaking (NPRM) with respect 
to this rule.
    As described below in the Background and Purpose section, the 
Office of Management and Budget (OMB) has already conducted an 
extensive notice and comment process in the development of Federal 
Governmentwide final guidance on nonprocurement debarment and 
suspension, which DHS adopts without substantive change in this 
rulemaking. To conduct an additional notice and comment process would 
be unnecessary, redundant, wasteful of Federal resources, and cause 
needless delay of the regulatory streamlining initiative of which this 
rulemaking is a part.

III. Background and Purpose

    Executive Order 12549, entitled Debarment and Suspension, which was 
signed on February 18, 1986 (3 CFR, 1986 Comp., p. 189, 51 FR 6370), 
provided that debarment or suspension of a participant in a program or 
activity involving Federal financial and nonfinancial assistance and 
benefits by one agency shall have Governmentwide effect. Executive 
Order 12549, section 1(a). The Executive Order did not cover 
procurement programs and activities, direct Federal statutory 
entitlements or mandatory awards, direct awards to foreign governments 
or public international organizations, benefits to an individual as a 
personal entitlement,

[[Page 34496]]

or Federal employment. Executive Order 12549, section 1(c). Section 6 
of the Executive Order authorized OMB to issue guidelines to Executive 
departments and agencies that govern which programs and activities are 
covered by the Executive Order, prescribe Governmentwide criteria and 
Governmentwide minimum due process procedures, and set forth other 
related details for the effective administration of the guidelines. 
Section 3 directed agencies to issue implementing regulations that are 
consistent with OMB guidelines.
    On February 21, 1986, OMB published proposed guidelines regarding 
the subjects in section 6 of Executive Order 12549 (51 FR 6370). The 
guidelines included draft regulations as a model to facilitate their 
use by the executive agencies when issuing the regulations required 
under section 3 of Executive Order 12549.
    After considering 60 comments, OMB issued guidelines pursuant to 
Executive Order 12549, section 6, on May 29, 1987 (52 FR 20360). On May 
26, 1988, 28 Federal agencies chose to comply with section 3 of the 
Executive Order by finalizing a common rule, and OMB revised its 
guidance to conform to the agencies' common rule. See 53 FR 19161. OMB 
has subsequently revised its guidance several times to conform it to 
Federal agencies' updates of the common rule.
    On May 11, 2004, OMB established Title 2 of the CFR for grants and 
other financial assistance and nonprocurement agreements (69 FR 26276). 
Title 2 consists of two subtitles: Subtitle A, entitled Governmentwide 
Guidance for Grants and Agreements, contains OMB policy guidance to 
Federal agencies on grants and agreements; and Subtitle B, entitled 
Federal Agency Regulations for Grants and Agreements, contains Federal 
agencies' regulations implementing the OMB guidance in subtitle A.
    Subtitle B of title 2 contains agency regulatory language that 
adopts the guidance and removes the common rule from its own title of 
the CFR (69 FR 26277). Thus, the full text of the Governmentwide 
policies will appear only once, in the OMB guidelines, and each 
agency's regulations will adopt those guidance documents identifying 
any agency-specific additions, exceptions or clarifications without 
repeating the full text. (69 FR 26277).
    On August 31, 2005, OMB published policy guidance in 2 CFR subtitle 
A for Governmentwide nonprocurement debarment and suspension (70 FR 
51862) to conform to the revised common rule adopted by 33 Federal 
agencies on November 26, 2003 (68 FR 66534). For the first time, OMB 
also published the guidance in 2 CFR part 180 ``in a form suitable for 
agency adoption,'' and explained that previous guidance ``was not 
published anywhere [other than in the Federal Register], in full text * 
* *.'' (70 FR 51864). As part of this new approach, OMB required each 
Federal agency to:

    (1) Establish its chapter in Subtitle B of 2 CFR, consistent 
with the structure established for that title; (2) issue in that 
chapter of 2 CFR its brief rule adopting the OMB guidance and 
stating any additions, clarifications, or exceptions to the policies 
and procedures contained in the guidance; and (3) remove the 
November 2003 common rule from its own CFR title.

(70 FR 51865). On November 15, 2006, OMB published a final rule, 
revising its Governmentwide guidance with changes suggested by the 
Interagency Suspension and Debarment Committee (71 FR 66431).

IV. Discussion

    In accordance with OMB's direction in the August 31, 2005 guidance 
(70 FR 51865), DHS is issuing this rule to adopt and implement the 
final guidance in 2 CFR part 180. This regulatory action implements 
OMB's initiative to streamline and consolidate all Federal regulations 
on nonprocurement debarment and suspension into one part of the CFR. It 
also provides a common rule applicable to all DHS components.
    Pursuant to the same OMB direction, DHS is also removing subparts 
A, B, C, D, and E, and appendices A and B of 44 CFR part 17, which 
contains the Federal Emergency Management Agency's (FEMA) 
nonprocurement debarment and suspension rules. FEMA is the only DHS 
component with pre-existing agency-specific nonprocurement debarment 
and suspension rules. Under the provisions of this interim final rule, 
all of DHS will use DHS' nonprocurement debarment and suspension rules, 
thereby making those currently in 44 CFR part 17 obsolete.
    The current FEMA nonprocurement debarment and suspension 
regulations in 44 CFR part 17 are essentially the same as the amended 
common rule adopted by 35 Federal agencies on June 26, 1995, and the 
conforming OMB guidance that issued on the same day (60 FR 33037). DHS 
is also making minor changes to the remainder of 44 CFR part 17 to 
remove or correct obsolete references and to remove the subpart F title 
Drug-Free Workplace Requirements (Grants), and redesignate Appendix C 
as ``Appendix''.
    Since 1995, federal agencies updated the common rule on November 
26, 2003 (68 FR 66534), OMB conformed the interim final guidance to 
that updated common rule on August 31, 2005 (70 FR 51863), and, on 
November 15, 2006, OMB issued a final rule that incorporated 
``technical corrections suggested by the Interagency Suspension and 
Debarment committee (71 FR 66431). A description of the differences 
between the current FEMA regulations and this interim final rule is 
available in those changes to the 1995 common rule and guidance.

V. Regulatory Analyses

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. It has not been reviewed by OMB under that 
Order.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    This rule does not require a general notice of proposed rulemaking 
and, therefore, is exempt from the requirements of the Regulatory 
Flexibility Act. Although this rule is exempt from these requirements, 
we have reviewed it for potential economic impact on small entities.
    DHS does not believe that this rule will have a significant 
economic impact on a substantial number of small entities. If you think 
that your business, organization, or governmental jurisdiction 
qualifies as a small entity and that this rule will have a significant 
economic impact on it, please submit a comment to the address under 
ADDRESSES. In your comment, explain why you think it qualifies and how 
and to what degree this rule would economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule

[[Page 34497]]

would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Van Pace, Office of Grant Policy 
and Oversight, Department of Homeland Security at (202) 447-5269. DHS 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of DHS.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by DHS employees, call 1-888-REG-FAIR (1-888-734-
3247).

D. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Executive Order and have determined that it does not have 
implications for federalism.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1536) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

G. Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian Tribes, on the relationship between the Federal Government and 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian Tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through OMB, with an explanation of why using these standards would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., specifications of 
materials, performance, design, or operation; test methods; sampling 
procedures; and related management systems practices) that are 
developed or adopted by voluntary consensus standards bodies. This rule 
does not use technical standards. Therefore, we did not consider the 
use of voluntary consensus standards.

M. Environment

    This rulemaking concerns nonprocurement debarment and suspension 
administrative procedures, and implements OMB's regulatory requirements 
in this area without substantive change. We have analyzed this interim 
final rule under Department of Homeland Security Management Directive 
023-01 which guides DHS in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4365), and have concluded 
that this rule is part of a category of actions described in item A3 of 
Table 1 in Appendix A of the Management Directive. This interim final 
rule would not individually or cumulatively have a significant effect 
on the human environment and, therefore, neither an environmental 
assessment nor an environmental impact statement is necessary.

List of Subjects

2 CFR Part 3000

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

44 CFR Part 17

    Administrative practice and procedure, Drug abuse, Grant programs, 
Loan programs, Reporting and recordkeeping requirements.

0
For the reasons stated in the preamble, DHS amends Title 2 of the CFR 
and 44 CFR part 17 as follows:

Title 2--Grants and Agreements

0
1. In subtitle B, add Chapter XXX, consisting of Part 3000, to read as 
follows:

Chapter XXX--Department of Homeland Security

PART 3000--NONPROCUREMENT DEBARMENT AND SUSPENSION

Sec.
3000.10 What does this part do?
3000.20 Does this part apply to me?
3000.30 What policies and procedures must I follow?
Subpart A--General
3000.137 Who in the Department of Homeland Security may grant an 
exception to let an excluded person participate in a covered 
transaction?
Subpart B--Covered Transactions
3000.220 What contracts and subcontracts, in addition to those 
listed in 2 CFR 180.220, are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
3000.332 What methods must I use to pass requirements down to 
participants at lower tiers with whom I intend to do business?

[[Page 34498]]

Subpart D--Responsibilities of Department of Homeland Security 
Officials Regarding Transactions
3000.437 What method do I use to communicate to a participant the 
requirements described in the Office of Management and Budget 
guidance at 2 CFR 180.435?
Subpart E-I [Reserved]

    Authority:  Sec. 2455, Public Law 103-355, 108 Stat. 3327; E.O. 
12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p. 
235; Public Law 107-296, 116 Stat. 2135.


Sec.  3000.10  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 Homeland Security policies and procedures 
for nonprocurement debarment and suspension. It thereby gives 
regulatory effect for the Department of Homeland Security 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.  3000.20  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 Homeland Security suspension or 
debarment action;
    (c) Department of Homeland Security debarment or suspension 
official;
    (d) Department of Homeland Security grants officer, agreements 
officer, or other official authorized to enter into any type of 
nonprocurement transaction that is a covered transaction.


Sec.  3000.30  What policies and procedures must I follow?

    The Department of Homeland Security 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.  3000.220). 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 Homeland Security policies and 
procedures are those in the OMB guidance.

Subpart A--General


Sec.  3000.137  Who in the Department of Homeland Security may grant an 
exception to let an excluded person participate in a covered 
transaction?

    Within the Department of Homeland Security, the Secretary of 
Homeland Security has delegated the authority to grant an exception to 
let an excluded person participate in a covered transaction to the Head 
of the Contracting Activity for each DHS component as provided in the 
OMB guidance at 2 CFR 180.135.

Subpart B--Covered Transactions


Sec.  3000.220  What contracts and subcontracts, in addition to those 
listed in 2 CFR 180.220, are covered transactions?

    Department of Homeland Security extends 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.  3000.332  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 in a covered transaction must include a term 
or condition in any lower-tier covered transaction into which you 
enter, to require the participant of that transaction to--
    (a) Comply with Subpart C of the OMB guidance in 2 CFR part 180; 
and
    (b) Include a similar term or condition in any covered transaction 
into which it enters at the next lower tier.

Subpart D--Responsibilities of Department of Homeland Security 
Officials Regarding Transactions


Sec.  3000.437  What method do I use to communicate to a participant 
the requirements described in the Office of Management and Budget 
guidance at 2 CFR 180.435?

    You as a DHS component official must include a term or condition in 
each covered transaction into which you enter, to communicate to the 
participant the requirements to--
    (a) Comply with subpart C of the OMB guidance in 2 CFR part 180; 
and
    (b) Include a similar term or condition in any lower-tier covered 
transactions into which the participant enters.

Subparts E-I [Reserved]

Title 44--Emergency Management and Assistance

PART 17--GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE 
(GRANTS)

0
2. The authority citation for part 17 is revised to read as follows:

    Authority:  41 U.S.C. 701 et seq.


0
3. Revise the heading to part 17 to read as set forth above.

Subparts A-E [Removed]

0
4. In part 17, remove subparts A through E, consisting of Sec. Sec.  
17.100 through 17.510.


Sec. Sec.  17.600 through 17.635  [Amended]

0
5. In part 17, remove the designation and subpart heading for Subpart F 
(currently consisting of Sec. Sec.  17.600 through 17.635).


0
6. In Sec.  17.605--
0
a. Remove paragraph (a) and remove the paragraph (b) introductory text 
designation and the designations for paragraphs (b)(1) through (10) and 
arrange definitions in alphabetical order; and
0
b. Add definitions, in alphabetical order, for ``Agency, '' 
``Debarment,'' ``Person,'' and ``Suspension,'' and revise the 
definition of ``Employee'' to read as follows:


Sec.  17.605  Definitions.

* * * * *
    Agency means any executive department, military department or 
defense agency or other agency of the executive branch, excluding the 
independent regulatory agencies.
* * * * *
    Debarment means action taken by a debarring official in accordance 
with these regulations to exclude a person from participating in 
covered transactions. A person so excluded is ``debarred.''
* * * * *
    Employee means
    (1) The employee of a grantee directly engaged in the performance 
of work under the grant, including:
    (i) All ``direct charge'' employees;
    (ii) All ``indirect charge'' employees, unless their impact or 
involvement is

[[Page 34499]]

insignificant to the performance of the grant; and,
    (iii) Temporary personnel and consultants who are directly engaged 
in the performance of work under the grant and who are on the grantee's 
payroll.
    (2) This definition does not include workers not on the payroll of 
the grantee (e.g., volunteers, even if used to meet a matching 
requirement; consultants or independent contractors not on the payroll; 
or employees of subrecipients or subcontractors in covered workplaces);
* * * * *
    Person means any individual, corporation, partnership, association, 
unit of government or legal entity, however organized, except: foreign 
governments or foreign governmental entities, public international 
organizations, foreign government owned (in whole or in part) or 
controlled entities, and entities consisting wholly or partially of 
foreign governments or foreign governmental entities.
* * * * *
    Suspension means an action taken by a suspending official in 
accordance with these regulations that immediately excludes a person 
from participating in covered transactions for a temporary period, 
pending completion of an investigation and such legal, debarment, or 
Program Fraud Civil Remedies Act proceedings as may ensue. A person so 
excluded is ``suspended.''

Sec.  17.610  [Amended]

0
7. In Sec.  17.610(c), remove the words ``subparts A, B, C, D and E of 
this part'', and add in their place the words ``2 CFR part 3000''; and 
remove the words ``this part'', and add in their place the words ``2 
CFR part 3000''.


Sec.  17.615  [Amended]

0
8. In Sec.  17.615--
0
a. In paragraph (b)(1), remove the words ``appendix C'' and add, in 
their place, the word ``appendix to part 17''.
0
b. In paragraph (c)(1), remove the words ``appendix C'' and add, in 
their place, the word ``appendix to part 17''.


Sec.  17.620  [Amended]

0
9. In Sec.  17.620--
0
a. In paragraph (a)(3), remove the words ``this part'', and add in 
their place the words ``2 CFR part 3000''.
0
b. In paragraph (b), remove the words ``this part'', and add in their 
place the words ``2 CFR part 3000''; and remove the words 
``17.320(a)(2) of this part'', and add in their place the words ``2 CFR 
part 3000''.


Sec.  17.630  [Amended]

0
10. In Sec.  17.630(a)(1), remove the words ``appendix C'' and add, in 
their place, the word ``appendix to part 17''.

Appendix A to Part 17 [Removed]

0
11. In part 17, remove Appendix A.

Appendix B to Part 17 [Removed]

0
12. In part 17, remove Appendix B.

Appendix C to Part 17 [Redesignated as Appendix to Part 17]

0
13. In part 17, redesignate Appendix C as Appendix to Part 17.

Van Pace,
Director, Office of Grant Policy & Oversight, Department of Homeland 
Security.
[FR Doc. E9-16429 Filed 7-15-09; 8:45 am]
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