Nonprocurement Debarment and Suspension, 27923-27925 [2010-11844]
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27923
Rules and Regulations
Federal Register
Vol. 75, No. 96
Wednesday, May 19, 2010
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.
NUCLEAR REGULATORY
COMMISSION
2 CFR Chapter XX
[NRC–2010–0005]
RIN 3150–AI76
Nonprocurement Debarment and
Suspension
erowe on DSK5CLS3C1PROD with RULES
AGENCY: Nuclear Regulatory
Commission.
ACTION: Final rule.
SUMMARY: The Nuclear Regulatory
Commission (NRC) is issuing new
regulations governing nonprocurement
debarment and suspension. These
regulations cover grants, cooperative
agreements and other nonprocurement
transactions and adopt and supplement,
to a limited extent, Office of
Management and Budget (OMB)
guidance on nonprocurement
debarment and suspension found in
OMB’s regulations.
DATES: Effective June 18, 2010.
ADDRESSES: You can access publicly
available documents related to this
document using the following methods:
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee publicly available
documents at the NRC’s PDR, Room O1
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
VerDate Mar<15>2010
13:05 May 18, 2010
Jkt 220001
301–415–4737, or by e-mail to
pdr.resource@nrc.gov.
Federal Rulemaking Web site:
Supporting materials related to this final
rule can be found at https://
www.regulations.gov by searching on
Docket ID: NRC–2010–0005.
FOR FURTHER INFORMATION CONTACT:
Ruth Kowarski Cooke, Senior Attorney,
Office of the General Counsel, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555, Telephone
301–415–3412, e-mail
ruth.kowarskicooke@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 11, 2004 (69 FR 26275), OMB
issued guidance governing Governmentwide Grants and Agreements which it
published in 2 CFR. This title has two
subtitles. 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 the
regulations promulgated by Federal
agencies where the OMB guidance is
implemented.
On August 31, 2005 (70 FR 51863),
OMB published interim final guidance
for government-wide nonprocurement
debarment and suspension in the
Federal Register. The interim final
guidance updated previous OMB
guidance that was issued under
Executive Order (EO) 12549,
‘‘Debarment and Suspension’’ (February
18, 1986), which gave government-wide
effect to each Executive agency’s
nonprocurement debarment and
suspension actions.
Section 6 of the EO authorized OMB
to issue guidance to Executive agencies
on nonprocurement debarment and
suspension, including provisions
prescribing government-wide criteria
and minimum due process procedures.
Section 3 directed Executive agencies to
issue regulations implementing the EO
that are consistent with the OMB
guidelines. OMB’s interim final
guidance was published in 2 CFR part
180 in a form suitable for agency
adoption, thus eliminating the need for
each agency to repeat the full text of the
OMB government-wide guidance in its
implementing regulations. This
approach makes it easier for recipients
of covered transactions or respondents
in debarment or suspension actions to
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
locate the applicable requirements,
reduces the volume of regulations, and
streamlines the process for updating the
governmentwide requirements on
nonprocurement debarment and
suspension. On November 15, 2006 (71
FR 66431), OMB published a final rule
adopting the interim final guidance with
changes.
Although the NRC is not required to
promulgate regulations on this subject,
as NRC is not an ‘‘executive agency’’ for
purposes of Executive Order 12549 or
Executive Order 12689, it has chosen to
do so. NRC is adopting the
governmentwide debarment and
suspension system requirements 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).
This final rule places NRC’s
nonprocurement debarment and
suspension regulations in subtitle B of
2 CFR, along with other agencies’
nonprocurement debarment and
suspension rules. This action is in
conformance with OMB final guidance.
The NRC therefore is promulgating 2
CFR part 2000, which adopts the OMB
guidance presented in 2 CFR part 180 as
supplemented with a few agencyspecific provisions.
II. Rulemaking Procedure
The Nuclear Regulatory Commission
is promulgating this final rule without
affording the opportunity for public
comment. 5 U.S.C. 553(a)(2) provides
that notice and comment is not
necessary when the rulemaking action
concerns a matter relating to grants,
benefits or contracts or to a matter
relating to agency management or
personnel.
III. Section-by-Section Analysis
Section 2000.10
do?
What does this part
This section explains that NRC, acting
under its discretionary authority, is
promulgating a regulation adopting
OMB’s guidance on nonprocurement
debarment and suspension found in 2
CFR part 180 for programs and activities
involving Federal financial and
nonfinancial assistance and benefits.
The NRC is giving regulatory effect to
E:\FR\FM\19MYR1.SGM
19MYR1
27924
Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Rules and Regulations
OMB guidance set forth at subpart A of
2 CFR part 180.
Section 2000.20
to me?
Does this part apply
This section identifies who is covered
by the debarment and suspension
regulations. It also identifies which NRC
officials are responsible for
implementing this regulation.
Section 2000.30 What policies and
procedures must I follow?
This section adopts the policies and
procedures set forth in 2 CFR part 180.
This section also explains the
numbering used in these regulations.
Section 2000.135 Who in the Nuclear
Regulatory Commission may grant an
exception to let an excluded person
participate in a covered transaction?
This section supplements guidance
contained in 2 CFR 180.135 by
identifying the NRC Director of the
Office of Administration as the NRC
official who has the authority to grant
exceptions to a suspension or
debarment action, thereby allowing for
participation of a person in a particular
covered transaction.
Section 2000.220 What contracts and
subcontracts, in addition to those listed
in 2 CFR 180.220, are covered
transactions?
This section supplements covered
transaction guidance contained in 2 CFR
180.220 by explaining that NRC has
chosen not to extend the coverage of
nonprocurement suspension and
debarment requirements beyond firsttier procurement contracts that are
covered by 2 CFR 180.220.
Section 2000.330 What method must I
use to pass requirements down to
participants at lower tiers with whom I
intend to do business?
erowe on DSK5CLS3C1PROD with RULES
This section requires NRC employees
to include a term or condition in every
nonprocurement agreement requiring
compliance with the verification
responsibilities set forth at subpart C of
2 CFR part 180. The section also
requires that the verification
requirement be passed through to all
lower level agreements between the
nonprocurement agreement holder and
its subcontractors.
Section 2000.930
Debarring Official
This section provides that the NRC
debarring official, who is authorized to
debar an entity from entering into a
covered transaction, is the Director of
the Office of Administration.
VerDate Mar<15>2010
13:05 May 18, 2010
Jkt 220001
Section 2000.1010 Suspending Official
This section provides that the NRC’s
suspending official, who is authorized
to suspend entity from entering into a
covered transaction, is the Director of
the Office of Administration.
IV. Environmental Impact: Categorical
Exclusion
The Commission has determined that
this rule is the type of action described
in categorical exclusion 10 CFR
51.229(c)(1). This rule makes nonsubstantive changes to NRC’s
nonprocurement debarment and
suspension procedures. Accordingly,
neither an environmental assessment
nor an environmental impact statement
is required.
CHAPTER XX—UNITED STATES NUCLEAR
REGULATORY COMMISSION
PART 2000—NONPROCUREMENT
DEBARMENT AND SUSPENSION
Subpart A—General
Sec.
2000.10 What does this part do?
2000.20 Does this part apply to me?
2000.30 What policies and procedures
must I follow?
2000.135 Who in the Nuclear Regulatory
Commission may grant an exception to
let an excluded person participate in a
covered transaction?
Subpart B—Covered Transactions
2000.220 What contracts and subcontracts,
in addition to those listed in 2 CFR
180.220, are covered transactions?
V. Paperwork Reduction Act
This regulatory action will not impose
any additional reporting or
recordkeeping requirements under the
Paperwork Reduction Act.
Subpart C—Responsibilities of Participants
Regarding Transactions
2000.330 What method must I use to pass
requirements down to participants at
lower tiers with whom I intend to do
business?
VI. Backfit Analysis
The NRC has determined that this
rulemaking does not contain provisions
which constitute backfitting as defined
in any of the NRC’s backfitting
provisions in 10 CFR Title I, nor are
these provisions inconsistent with the
issue resolution and finality provisions
in 10 CFR part 52. The requirements in
the rulemaking address the NRC’s
policies and procedures for
nonprocurement debarment and
suspension, and as such, do not
constitute new requirements or changes
to requirements governing the design,
the organization of licensees, or
procedures of licensees for operating
facilities or conducting licensed
activities as defined in the backfitting
provisions in 10 CFR Chapter I.
Subpart D–H [Reserved]
VII. Congressional Review Act
In accordance with the Congressional
Review Act of 1996, 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.
List of Subjects for 2 CFR Part 2000
Administrative practice and
procedure, Debarment and suspension,
Grant programs, Reporting and
recordkeeping requirements.
■ 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,
the NRC is amending Title 2 Subtitle B
by adding Chapter XX consisting of part
2000 to read as follows:
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Frm 00002
Fmt 4700
Sfmt 4700
Subpart I—Definitions
2000.930 Debarring official.
2000.1010 Suspending official.
Authority: Sec. 2455, Pub. L. 103–355, 108
Stat. 3327; E.O. 12549, 3 CFR, 1986 Comp.,
p. 189; E.O. 12689, 3 CFR, 1989 Comp., p.
235; 5 U.S.C. 301 and 10 U.S.C. 113.
Subpart A—General
§ 2000.10
What does this part do?
This part promulgates a regulation
adopting the Office of Management and
Budget (OMB) guidance in subparts A
through I of 2 CFR part 180, establishing
the United States Nuclear Regulatory
Commission (NRC) policies and
procedures for nonprocurement
debarment and suspension. NRC
thereby gives regulatory effect to the
OMB guidance. It also supplements the
OMB guidance by identifying NRC
implementing officials and identifying
how to pass these requirements through
to other entities.
§ 2000.20
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:
(a) Participant or principal in a
‘‘covered transaction’’;
(b) Respondent in an NRC
nonprocurement suspension or
debarment action;
(c) NRC debarment or suspension
official; or
(d) NRC grants officer, agreements
officer, or other official authorized to
E:\FR\FM\19MYR1.SGM
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Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Rules and Regulations
27925
(a) The NRC 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, and those in this part. The NRC has
closely tracked OMB’s numbering
scheme. For example, the contracts
under a nonprocurement transaction
that are covered transactions that are in
section 220 of the OMB guidance (i.e.,
2 CFR 180.220) are found in § 2000.220.
(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, NRC requirements are those in
the OMB guidance at 2 CFR part 180.
The Debarring Official for the United
States Nuclear Regulatory Commission
is the Director, Office of Administration.
inches (73 FR 51899). The specified
shackle width of 10.5 inches is a
typographical error, and the correct
width is 10 inches. This notice corrects
the error and amends § 381.68 to specify
the correct 10-inch shackle width for
Bar-type cut turkey operations that use
J-type cut maximum line speeds.
§ 2000.1010
Additional Public Notification
§ 2000.135 Who in the Nuclear Regulatory
Commission may grant an exception to let
an excluded person participate in a covered
transaction?
Food Safety and Inspection Service
The Director, Office of Administration
or another official designated by the
Director, has the authority to grant a
written exception to let an excluded
person participate in a covered
transaction, as provided in guidance at
2 CFR 180.135. The Director or other
official designated by the Director shall
explain the reason(s) for deviating from
the governmentwide policy.
[Docket No. FSIS–2007–0045]
enter into a covered nonprocurement
transaction.
Subpart E–H [Reserved]
Subpart I—Definitions
§ 2000.30 What policies and procedures
must I follow?
§ 2000.930
Subpart B—Covered Transactions
§ 2000.220 What contracts and
subcontracts, in addition to those listed in
2 CFR 180.220, are covered transactions?
The NRC nonprocurement suspension
and debarment requirements apply only
to first-tier procurement contracts under
a covered nonprocurement transaction.
Subpart C—Responsibilities of
Participants Regarding Transactions
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§ 2000.330 What method must be used to
pass requirements down to participants at
lower tiers?
A participant in a covered transaction
must include a term or condition in any
lower-tier covered transaction 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.
VerDate Mar<15>2010
13:05 May 18, 2010
Jkt 220001
Debarring official.
Suspending official.
The suspending official for the United
States Nuclear Regulatory Commission
is the Director, Office of Administration.
Dated at Rockville, Maryland, this 30th day
of April 2010.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2010–11844 Filed 5–18–10; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF AGRICULTURE
9 CFR Part 381
Use of Turkey Shackle in Bar-Type Cut
Operations; Correcting Amendment
AGENCY: Food Safety and Inspection
Service, USDA.
ACTION: Correcting amendment.
SUMMARY: The Food Safety and
Inspection Service (FSIS) is amending
the Federal poultry products inspection
regulations to correct an inadvertent
error in the required shackle width for
Bar-type cut turkey operations that use
J-type cut maximum line speeds.
DATES: This amendment is effective May
19, 2010.
FOR FURTHER INFORMATION CONTACT:
Patrick Burke, Risk and Innovations
Management Division, Office of Policy
and Program Development, FSIS, U.S.
Department of Agriculture, Room 2–
2118 George Washington Carver Center,
5601 Sunnyside Avenue, Beltsville, MD
20705, (301) 504–0843.
SUPPLEMENTARY INFORMATION: On
September 8, 2008, FSIS published a
final rule that provides that turkey
slaughter establishments that open
turkey carcasses with Bar-type cuts may
operate at the maximum line speeds
established for J-type cuts if they use a
shackle with a 4-inch by 4-inch selector
(or kickout), a 45 degree bend of the
lower 2 inches, an extended central loop
portion of the shackle that lowers the
abdominal cavity opening of the
carcasses to an angle of 30 degrees from
the vertical in direct alignment with the
inspector’s view, and a width of 10.5
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, in an effort to
ensure that minorities, women, and
persons with disabilities are aware of
this proposed rule, FSIS will announce
it online through the FSIS Web page
located at https://www.fsis.usda.gov/
Regulations_&_Policies/
2010_Notices_Index/index.asp. FSIS
will also make copies of this Federal
Register publication available through
the FSIS Constituent Update, which is
used to provide information regarding
FSIS policies, procedures, regulations,
Federal Register notices, FSIS public
meetings, and other types of information
that could affect or would be of interest
to constituents and stakeholders. The
Update is communicated via Listserv, a
free electronic mail subscription service
for industry, trade groups, consumer
interest groups, health professionals,
and other individuals who have asked
to be included. The Update is also
available on the FSIS Web page.
Through the Listserv and Web page,
FSIS is able to provide information to a
much broader and more diverse
audience. In addition, FSIS offers an email subscription service which
provides automatic and customized
access to selected food safety news and
information. This service is available at
https://www.fsis.usda.gov/
news_and_events/email_subscription/.
Options range from recalls to export
information to regulations, directives
and notices. Customers can add or
delete subscriptions themselves, and
have the option to password protect
their accounts.
List of Subjects in 9 CFR Part 381
Poultry product inspection, Postmortem.
For the reasons set forth in the
preamble, 9 CFR part 381 is corrected by
making the following correcting
amendment:
■
PART 381—POULTRY PRODUCTS
INSPECTION REGULATIONS
1. The authority citation for part 381
continues to read as follows:
■
Authority: 21 U.S.C. 451 et seq.
E:\FR\FM\19MYR1.SGM
19MYR1
Agencies
[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Rules and Regulations]
[Pages 27923-27925]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11844]
========================================================================
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. 75, No. 96 / Wednesday, May 19, 2010 / Rules
and Regulations
[[Page 27923]]
NUCLEAR REGULATORY COMMISSION
2 CFR Chapter XX
[NRC-2010-0005]
RIN 3150-AI76
Nonprocurement Debarment and Suspension
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is issuing new
regulations governing nonprocurement debarment and suspension. These
regulations cover grants, cooperative agreements and other
nonprocurement transactions and adopt and supplement, to a limited
extent, Office of Management and Budget (OMB) guidance on
nonprocurement debarment and suspension found in OMB's regulations.
DATES: Effective June 18, 2010.
ADDRESSES: You can access publicly available documents related to this
document using the following methods: NRC's Public Document Room (PDR):
The public may examine and have copied for a fee publicly available
documents at the NRC's PDR, Room O1 F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov.
Federal Rulemaking Web site: Supporting materials related to this
final rule can be found at https://www.regulations.gov by searching on
Docket ID: NRC-2010-0005.
FOR FURTHER INFORMATION CONTACT: Ruth Kowarski Cooke, Senior Attorney,
Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, Telephone 301-415-3412, e-mail
ruth.kowarskicooke@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 11, 2004 (69 FR 26275), OMB issued guidance governing
Government-wide Grants and Agreements which it published in 2 CFR. This
title has two subtitles. 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 the regulations promulgated by
Federal agencies where the OMB guidance is implemented.
On August 31, 2005 (70 FR 51863), OMB published interim final
guidance for government-wide nonprocurement debarment and suspension in
the Federal Register. The interim final guidance updated previous OMB
guidance that was issued under Executive Order (EO) 12549, ``Debarment
and Suspension'' (February 18, 1986), which gave government-wide effect
to each Executive agency's nonprocurement debarment and suspension
actions.
Section 6 of the EO authorized OMB to issue guidance to Executive
agencies on nonprocurement debarment and suspension, including
provisions prescribing government-wide criteria and minimum due process
procedures. Section 3 directed Executive agencies to issue regulations
implementing the EO that are consistent with the OMB guidelines. OMB's
interim final guidance was published in 2 CFR part 180 in a form
suitable for agency adoption, thus eliminating the need for each agency
to repeat the full text of the OMB government-wide guidance in its
implementing regulations. This approach makes it easier for recipients
of covered transactions or respondents in debarment or suspension
actions to locate the applicable requirements, reduces the volume of
regulations, and streamlines the process for updating the
governmentwide requirements on nonprocurement debarment and suspension.
On November 15, 2006 (71 FR 66431), OMB published a final rule adopting
the interim final guidance with changes.
Although the NRC is not required to promulgate regulations on this
subject, as NRC is not an ``executive agency'' for purposes of
Executive Order 12549 or Executive Order 12689, it has chosen to do so.
NRC is adopting the governmentwide debarment and suspension system
requirements 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).
This final rule places NRC's nonprocurement debarment and
suspension regulations in subtitle B of 2 CFR, along with other
agencies' nonprocurement debarment and suspension rules. This action is
in conformance with OMB final guidance.
The NRC therefore is promulgating 2 CFR part 2000, which adopts the
OMB guidance presented in 2 CFR part 180 as supplemented with a few
agency-specific provisions.
II. Rulemaking Procedure
The Nuclear Regulatory Commission is promulgating this final rule
without affording the opportunity for public comment. 5 U.S.C.
553(a)(2) provides that notice and comment is not necessary when the
rulemaking action concerns a matter relating to grants, benefits or
contracts or to a matter relating to agency management or personnel.
III. Section-by-Section Analysis
Section 2000.10 What does this part do?
This section explains that NRC, acting under its discretionary
authority, is promulgating a regulation adopting OMB's guidance on
nonprocurement debarment and suspension found in 2 CFR part 180 for
programs and activities involving Federal financial and nonfinancial
assistance and benefits. The NRC is giving regulatory effect to
[[Page 27924]]
OMB guidance set forth at subpart A of 2 CFR part 180.
Section 2000.20 Does this part apply to me?
This section identifies who is covered by the debarment and
suspension regulations. It also identifies which NRC officials are
responsible for implementing this regulation.
Section 2000.30 What policies and procedures must I follow?
This section adopts the policies and procedures set forth in 2 CFR
part 180. This section also explains the numbering used in these
regulations.
Section 2000.135 Who in the Nuclear Regulatory Commission may grant an
exception to let an excluded person participate in a covered
transaction?
This section supplements guidance contained in 2 CFR 180.135 by
identifying the NRC Director of the Office of Administration as the NRC
official who has the authority to grant exceptions to a suspension or
debarment action, thereby allowing for participation of a person in a
particular covered transaction.
Section 2000.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
This section supplements covered transaction guidance contained in
2 CFR 180.220 by explaining that NRC has chosen not to extend the
coverage of nonprocurement suspension and debarment requirements beyond
first-tier procurement contracts that are covered by 2 CFR 180.220.
Section 2000.330 What method must I use to pass requirements down to
participants at lower tiers with whom I intend to do business?
This section requires NRC employees to include a term or condition
in every nonprocurement agreement requiring compliance with the
verification responsibilities set forth at subpart C of 2 CFR part 180.
The section also requires that the verification requirement be passed
through to all lower level agreements between the nonprocurement
agreement holder and its subcontractors.
Section 2000.930 Debarring Official
This section provides that the NRC debarring official, who is
authorized to debar an entity from entering into a covered transaction,
is the Director of the Office of Administration.
Section 2000.1010 Suspending Official
This section provides that the NRC's suspending official, who is
authorized to suspend entity from entering into a covered transaction,
is the Director of the Office of Administration.
IV. Environmental Impact: Categorical Exclusion
The Commission has determined that this rule is the type of action
described in categorical exclusion 10 CFR 51.229(c)(1). This rule makes
non-substantive changes to NRC's nonprocurement debarment and
suspension procedures. Accordingly, neither an environmental assessment
nor an environmental impact statement is required.
V. Paperwork Reduction Act
This regulatory action will not impose any additional reporting or
recordkeeping requirements under the Paperwork Reduction Act.
VI. Backfit Analysis
The NRC has determined that this rulemaking does not contain
provisions which constitute backfitting as defined in any of the NRC's
backfitting provisions in 10 CFR Title I, nor are these provisions
inconsistent with the issue resolution and finality provisions in 10
CFR part 52. The requirements in the rulemaking address the NRC's
policies and procedures for nonprocurement debarment and suspension,
and as such, do not constitute new requirements or changes to
requirements governing the design, the organization of licensees, or
procedures of licensees for operating facilities or conducting licensed
activities as defined in the backfitting provisions in 10 CFR Chapter
I.
VII. Congressional Review Act
In accordance with the Congressional Review Act of 1996, 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.
List of Subjects for 2 CFR Part 2000
Administrative practice and procedure, Debarment and suspension,
Grant programs, Reporting and recordkeeping requirements.
0
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, the NRC is amending Title 2
Subtitle B by adding Chapter XX consisting of part 2000 to read as
follows:
CHAPTER XX--UNITED STATES NUCLEAR REGULATORY COMMISSION
PART 2000--NONPROCUREMENT DEBARMENT AND SUSPENSION
Subpart A--General
Sec.
2000.10 What does this part do?
2000.20 Does this part apply to me?
2000.30 What policies and procedures must I follow?
2000.135 Who in the Nuclear Regulatory Commission may grant an
exception to let an excluded person participate in a covered
transaction?
Subpart B--Covered Transactions
2000.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
2000.330 What method must I use to pass requirements down to
participants at lower tiers with whom I intend to do business?
Subpart D-H [Reserved]
Subpart I--Definitions
2000.930 Debarring official.
2000.1010 Suspending official.
Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O.
12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p.
235; 5 U.S.C. 301 and 10 U.S.C. 113.
Subpart A--General
Sec. 2000.10 What does this part do?
This part promulgates a regulation adopting the Office of
Management and Budget (OMB) guidance in subparts A through I of 2 CFR
part 180, establishing the United States Nuclear Regulatory Commission
(NRC) policies and procedures for nonprocurement debarment and
suspension. NRC thereby gives regulatory effect to the OMB guidance. It
also supplements the OMB guidance by identifying NRC implementing
officials and identifying how to pass these requirements through to
other entities.
Sec. 2000.20 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:
(a) Participant or principal in a ``covered transaction'';
(b) Respondent in an NRC nonprocurement suspension or debarment
action;
(c) NRC debarment or suspension official; or
(d) NRC grants officer, agreements officer, or other official
authorized to
[[Page 27925]]
enter into a covered nonprocurement transaction.
Sec. 2000.30 What policies and procedures must I follow?
(a) The NRC 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, and those in this
part. The NRC has closely tracked OMB's numbering scheme. For example,
the contracts under a nonprocurement transaction that are covered
transactions that are in section 220 of the OMB guidance (i.e., 2 CFR
180.220) are found in Sec. 2000.220.
(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, NRC
requirements are those in the OMB guidance at 2 CFR part 180.
Sec. 2000.135 Who in the Nuclear Regulatory Commission may grant an
exception to let an excluded person participate in a covered
transaction?
The Director, Office of Administration or another official
designated by the Director, has the authority to grant a written
exception to let an excluded person participate in a covered
transaction, as provided in guidance at 2 CFR 180.135. The Director or
other official designated by the Director shall explain the reason(s)
for deviating from the governmentwide policy.
Subpart B--Covered Transactions
Sec. 2000.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
The NRC nonprocurement suspension and debarment requirements apply
only to first-tier procurement contracts under a covered nonprocurement
transaction.
Subpart C--Responsibilities of Participants Regarding Transactions
Sec. 2000.330 What method must be used to pass requirements down to
participants at lower tiers?
A participant in a covered transaction must include a term or
condition in any lower-tier covered transaction 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 E-H [Reserved]
Subpart I--Definitions
Sec. 2000.930 Debarring official.
The Debarring Official for the United States Nuclear Regulatory
Commission is the Director, Office of Administration.
Sec. 2000.1010 Suspending official.
The suspending official for the United States Nuclear Regulatory
Commission is the Director, Office of Administration.
Dated at Rockville, Maryland, this 30th day of April 2010.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2010-11844 Filed 5-18-10; 8:45 am]
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