NASA Implementation of OMB Guidance for Drug-Free Workplace Requirements (Financial Assistance), 56486-56488 [2014-22365]
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56486
Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Rules and Regulations
envelope limit is approached or
exceeded.
Flight-envelope protection is the
subject of several special conditions for
the A350. Each specific type of envelope
protection is addressed individually,
but some requirements are common to
all limiting systems and are therefore
put forth as general limiting
requirements.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
Discussion of Comments
Notice of Proposed Special
Conditions No. 25–12–08–SC for Airbus
Model A350–900 airplanes was
published in the Federal Register on
January 14, 2014 (79 FR 2387). No
comments were received, and the
special conditions are adopted as
proposed.
Applicability
As discussed above, these special
conditions apply to Airbus Model
A350–900 airplane. Should Airbus
apply later for a change to the type
certificate to include another model
incorporating the same novel or unusual
design feature, the special conditions
would apply to that model as well.
Under standard practice, the effective
date of final special conditions would
be 30 days after the date of publication
in the Federal Register; however, as the
certification date for the Airbus Model
A350–900 airplane is imminent, the
FAA finds that good cause exists to
make these special conditions effective
upon publication.
Conclusion
This action affects only certain novel
or unusual design features on the Airbus
Model A350–900 airplane. It is not a
rule of general applicability.
a. Onset characteristics of each flightenvelope protection feature must be
smooth, appropriate to the phase of
flight and type of maneuver, and not in
conflict with the ability of the pilot to
satisfactorily change airplane flight
path, speed, or attitude as needed.
b. Limit values of protected flight
parameters (and, if applicable,
associated warning thresholds) must be
compatible with the following:
(1) Airplane structural limits,
(2) Required safe and controllable
maneuvering of the airplane, and
(3) Margins to critical conditions.
Unsafe flight characteristics/conditions
must not result if dynamic
maneuvering, airframe, and system
tolerances (both manufacturing and inservice), and non-steady atmospheric
conditions, in any appropriate
combination and phase of flight, can
produce a limited flight parameter
beyond the nominal design limit value.
c. The airplane must be responsive to
intentional dynamic maneuvering to
within a suitable range of the parameter
limit. Dynamic characteristics such as
damping and overshoot must also be
appropriate for the flight-maneuver and
limit parameter in question.
d. When simultaneous envelope
limiting is engaged, adverse coupling or
adverse priority must not result.
Failure States
EFCS failures (including sensor) must
not result in a condition where a
parameter is limited to such a reduced
value that safe and controllable
maneuvering is no longer available. The
crew must be alerted by suitable means
if any change in envelope limiting or
maneuverability is produced by single
or multiple failures of the EFCS not
shown to be extremely improbable.
Issued in Renton, Washington, on August
27, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
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General Limiting Requirements
[FR Doc. 2014–22340 Filed 9–19–14; 8:45 am]
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
BILLING CODE 4910–13–P
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the typecertification basis for Airbus Model
350–900 airplanes.
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16:51 Sep 19, 2014
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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
2 CFR Part 1882
14 CFR Parts 1267 and 1274
RIN 2700–AE15
NASA Implementation of OMB
Guidance for Drug-Free Workplace
Requirements (Financial Assistance)
National Aeronautics and
Space Administration.
ACTION: Direct final rule.
AGENCY:
The National Aeronautics and
Space Administration (NASA) is
deleting existing drug-free workplace
requirements for financial assistance in
one Title of the Code of Federal
Regulations (CFR), and moving it to
another Title, consistent with the Office
of Management and Budget’s (OMB)
guidance on drug-free workplace
requirements for financial assistance.
Further, NASA is implementing, and
thereby giving regulatory effect to, the
OMB guidance on drug-free workplace
requirements for financial assistance.
DATES: This final rule is effective
September 22, 2014. Comments are due
on or before October 22, 2014. If adverse
comments are received, NASA will
publish a timely withdrawal of the rule
in the Federal Register.
ADDRESSES: Interested parties may
submit comments, identified with RIN
2700–AE15, to NASA via the Federal ERulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments may also be submitted to
Jamiel C. Commodore at
Jamiel.C.Commodore@NASA.gov.
Please note that NASA will post all
comments on the Internet, including
any personal information that is
provided.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Jamiel C. Commodore, NASA, Office of
Procurement, Contract Management
Division; (202) 358–0302; email:
Jamiel.C.Commodore@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Direct Final Rule Adverse Comments
NASA has determined that this
rulemaking meets the criteria for a
direct final rule because it involves
nonsubstantive changes to relocate
sections from Title 14 to Title 2 of the
Code of Federal Regulations (CFR) to
properly align with the CFR structure,
and to adopt OMB guidance in Title 2
CFR part 182 that has already been
through the rulemaking process. No
opposition to the changes and no
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Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Rules and Regulations
asabaliauskas on DSK5VPTVN1PROD with RULES
significant adverse comments are
expected. However, if the Agency
receives a significant adverse comment,
it will withdraw this direct final rule by
publishing a notice in the Federal
Register. A significant adverse comment
is one that explains: (1) Why the direct
final rule is inappropriate, including
challenges to the rule’s underlying
premise or approach; or (2) why the
direct final rule will be ineffective or
unacceptable without a change. In
determining whether a comment
necessitates withdrawal of this direct
final rule, NASA will consider whether
it warrants a substantive response in a
notice and comment process.
B. Background
Congress established drug-free
workplace requirements for Federal
grant recipients in section 5153 of the
Drug-Free Workplace Act of 1988 (Pub.
L. 100–690, Title V, Subtitle D, which
was enacted November 18, 1988).
Section 5156 of the Act (41 U.S.C. 705)
requires Government-wide regulations
to implement the requirements. In the
initial implementation of the Act, OMB
issued guidance (54 FR 4946, January
31, 1989) in conjunction with agencies’
issuance of a common rule (54 FR 4947).
On November 26, 2003 (68 FR 66534),
the agencies updated the common rule
on drug-free workplace requirements
and converted it to plain language.
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.
As the next step in that process, OMB
proposed for comment on September 26,
2008 (73 FR 55776) and finalized on
June 15, 2009 (74 FR 28149)
Government-wide guidance with
policies and procedures to implement
drug-free workplace requirements for
financial assistance. The guidance is
located in title 2 of the CFR as subtitle
A, chapter 1, Part 182 and requires each
agency to replace the common rule on
drug-free workplace requirements that
the agency previously issued in its own
CFR title with a brief regulation in 2
CFR adopting the Government-wide
policies and procedures.
In accordance with OMB’s guidance,
NASA is issuing a new part 1882 on
drug-free workplace requirements for
financial assistance in Title 2 of the
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16:51 Sep 19, 2014
Jkt 232001
CFR. This new part is NASA’s
implementation of the Office of
Management and Budget’s (OMB)
guidance provided at 2 CFR part 182.
Inasmuch as the new 2 CFR part 1882
replaces NASA’s current coverage on
this subject, NASA is removing the
existing coverage from 14 CFR part
1267. The new 2 CFR part 1882 serves
the same purpose as the common rule
in a simpler way. The rule includes the
same NASA additions and clarifications
to the common rule on drug-free
workplace requirements that were
added to 14 CFR part 1267 in November
2003 (68 FR 66573). This final rule is
part of OMB’s initiative to streamline
and consolidate all Federal regulations
on drug-free workplace requirements for
financial assistance. It is an
administrative simplification that makes
no substantive change in NASA policy
or procedures for drug-free workplace
requirements for financial assistance.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
NASA certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule involves an
administrative adoption of previously
codified material in a new part of the
CFR.
56487
14 CFR Part 1274
Grant programs-science and
technology.
Cynthia Boots,
Alternate Federal Register Liaison.
Accordingly, 2 CFR and 14 CFR Parts
1260, 1267, and 1274 are amended as
follows:
Title 2—Grants and Agreements
CHAPTER XVIII—NATIONAL
AERONAUTICS AND SPACE
ADMINISTRATION
1. Add part 1882 to subtitle B, chapter
XVIII to read as follows:
■
PART 1882—REQUIREMENTS FOR
DRUG-FREE WORKPLACE
(FINANCIAL ASSISTANCE)
Sec.
1882.5
What does this part do?
Subpart A—Purpose and Coverage
1882.120 Are any of my Federal assistance
awards exempt from this part?
Subparts B–D—[Reserved]
Subpart E—Violations of This Part and
Consequences
1882.500 How are violations of this part
determined for recipients other than
individuals?
1882.505 How are violations of this part
determined for recipients who are
individuals?
1882.510 What actions will the Federal
Government take against a recipient
determined to have violated this part?
1882.515 Are there any exceptions to those
actions?
Subpart F—[Reserved]
Authority: 41 U.S.C. 701 et seq.; 51 U.S.C.
20113(e).
C. Paperwork Reduction Act
§ 1882.100
The Paperwork Reduction Act does
not apply because the changes do not
impose information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
This part adopts the Office of
Management and Budget (OMB)
guidance in subparts A through F of 2
CFR part 182, as supplemented by this
part, as the NASA policies and
procedures for implementing the
portion of the Drug-Free Workplace Act
of 1988 (41 U.S.C. 701–707, as
amended, hereafter referred to as ‘‘the
Act’’) that applies to grants and
cooperative agreements. It thereby gives
regulatory effect for NASA to the OMB
guidance. Further, it supplements the
OMB guidance with NASA-specific
regulation.
List of Subjects
2 CFR Part 1882
Administrative practice and
procedure, Drug-free workplace, Grant
programs, Reporting and recordkeeping
requirements.
What does this part do?
14 CFR Part 1267
Subpart A—Purpose and Coverage
Administrative practice and
procedure, Drug-free workplace, Grant
programs, Reporting and recordkeeping
requirements.
§ 1882.120 Are any of my Federal
assistance awards exempt from this part?
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Fmt 4700
Sfmt 4700
This part does not apply to any award
for which the Assistant Administrator
for Procurement determines that the
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Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Rules and Regulations
application of this part would be
inconsistent with the international
obligations of the United States or the
laws or regulations of a foreign
government.
PART 1274—COOPERATIVE
AGREEMENTS WITH COMMERCIAL
FIRMS
3. The authority citation for 14 CFR
Part 1274 is revised to read as follows:
■
Subparts B–D—[Reserved]
Authority: 31 U.S.C. 6301 to 6308; 51
U.S.C. 20102, et seq.
Subpart E—Violations of This Part and
Consequences
4. Revise § 1274.927 to read as
follows:
■
§ 1882.500 How are violations of this part
determined for recipients other than
individuals?
A recipient other than an individual
is in violation of the requirements of
this part if the Assistant Administrator
for Procurement determines, in writing,
that—
(a) The recipient has violated the
requirements of subpart B of this part;
or
(b) The number of convictions of the
recipient’s employees for violating
criminal drug statutes in the workplace
is large enough to indicate that the
recipient has failed to make a good faith
effort to provide a drug-free workplace.
§ 1882.505 How are violations of this part
determined for recipients who are
individuals?
An individual recipient is in violation
of the requirements of this part if the
Assistant Administrator for
Procurement determines, in writing,
that—
(a) The recipient has violated the
requirements of subpart C of this part;
or
(b) The recipient is convicted of a
criminal drug offense resulting from a
violation occurring during the conduct
of any award activity.
§ 1882.515 Are there any exceptions to
those actions?
The Assistant Administrator for
Procurement (AA) may waive with
respect to a particular award, in writing,
a suspension of payments under an
award or a suspension or termination of
an award. The Chief Acquisition Officer
(CAO) may approve an award to a
suspended or debarred entity if the CAO
determines that such a waiver would be
in the public interest. These exception
authorities cannot be delegated to any
other official.
asabaliauskas on DSK5VPTVN1PROD with RULES
Subpart F—[Reserved]
Title 14—Aeronautics and Space
CHAPTER V—NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION
PART 1267—[REMOVED]
2. Under the authority of 41 U.S.C.
701 et seq., part 1267 is removed.
■
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§ 1274.927 Debarment and Suspension
and Drug-Free Workplace.
Debarment and Suspension and Drug-Free
Workplace (SEP 2014)
NASA cooperative agreements are subject
to the provisions of 2 CFR Part 180,
Government-wide Debarment and
Suspension (Nonprocurement) and 2 CFR
Part 182, Government-wide requirements for
Drug-Free Workplace, unless excepted by 2
CFR 180.110 or 180.610.
[End of Provision]
[FR Doc. 2014–22365 Filed 9–19–14; 8:45 am]
BILLING CODE 7510–13–P
distribution of certain information about
the United States, its people, and
policies (‘‘Program Material’’) prepared
for dissemination abroad.
The revised Section 501 authorizes
the use of public diplomacy funds for
the preparation, dissemination and use
of Program Material ‘‘intended for
foreign audiences abroad,’’ authorizes
the Department to make such material
available within the United States upon
request, and requires that the
Department issue regulations to
establish procedures to maintain such
material, for reimbursement of
reasonable costs incurred in fulfilling
requests for such material, and to ensure
that persons seeking the release of such
material have secured and paid for
necessary U.S. rights and licenses. For
more background, see the interim final
rule, published at 79 FR 22016. The
Department received no public
comments in response to the interim
final rule.
Regulatory Analyses
DEPARTMENT OF STATE
For the complete regulatory analysis
regarding this rulemaking, please refer
to the analysis included in the interim
final rule, published at 79 FR 22016,
which is adopted herein.
22 CFR Part 173
RIN 1400–AD50
[Public Notice: 8874]
Availability of Public Diplomacy
Program Material Within the United
States
Department of State.
Final rule.
AGENCY:
ACTION:
The Department of State
(‘‘Department’’) finalizes an interim
final rule that establishes procedures for
the Department to respond to domestic
requests for program material
disseminated by the Department abroad.
The Department adopts the rule as final,
without amendment.
DATES: This rule is effective September
22, 2014.
FOR FURTHER INFORMATION CONTACT:
Hilary Brandt, Director, Office of Policy,
Outreach, and Governance, Bureau of
International Information Programs,
U.S. Department of State, SA–5, Floor 5,
2200 C Street NW., Washington, DC
20522–0505; phone (202) 632–6460.
SUPPLEMENTARY INFORMATION: Section
1078 of the National Defense
Authorization Act for Fiscal Year 2013,
Public Law 112–239 (‘‘NDAA’’),
amended section 501 of the United
States Information and Educational
Exchange Act of 1948, as amended (22
U.S.C. 1461; ‘‘the Smith-Mundt Act’’)
(‘‘Section 501’’), governing the domestic
SUMMARY:
PO 00000
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Fmt 4700
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List of Subjects in 22 CFR Part 173
Broadcasting, Communications,
Education, Foreign relations, Freedom
of information, Information,
Publications records, Radio.
PART 173—AVAILABILITY OF PUBLIC
DIPLOMACY PROGRAM MATERIAL IN
THE UNITED STATES
Accordingly, the interim final rule,
amending 22 CFR chapter I, subchapter
R, by adding a new part 173, published
in the Federal Register on April 21,
2014, at 79 FR 22016, is adopted as
final, without amendment.
Dated: September 2, 2014.
Richard Stengel,
Under Secretary for Public Diplomacy and
Public Affairs.
[FR Doc. 2014–22489 Filed 9–19–14; 8:45 am]
BILLING CODE 4710–11–P
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]]>Agencies
[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Rules and Regulations]
[Pages 56486-56488]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22365]
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
2 CFR Part 1882
14 CFR Parts 1267 and 1274
RIN 2700-AE15
NASA Implementation of OMB Guidance for Drug-Free Workplace
Requirements (Financial Assistance)
AGENCY: National Aeronautics and Space Administration.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The National Aeronautics and Space Administration (NASA) is
deleting existing drug-free workplace requirements for financial
assistance in one Title of the Code of Federal Regulations (CFR), and
moving it to another Title, consistent with the Office of Management
and Budget's (OMB) guidance on drug-free workplace requirements for
financial assistance. Further, NASA is implementing, and thereby giving
regulatory effect to, the OMB guidance on drug-free workplace
requirements for financial assistance.
DATES: This final rule is effective September 22, 2014. Comments are
due on or before October 22, 2014. If adverse comments are received,
NASA will publish a timely withdrawal of the rule in the Federal
Register.
ADDRESSES: Interested parties may submit comments, identified with RIN
2700-AE15, to NASA via the Federal E-Rulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
Comments may also be submitted to Jamiel C. Commodore at
Jamiel.C.Commodore@NASA.gov. Please note that NASA will post all
comments on the Internet, including any personal information that is
provided.
FOR FURTHER INFORMATION CONTACT: Jamiel C. Commodore, NASA, Office of
Procurement, Contract Management Division; (202) 358-0302; email:
Jamiel.C.Commodore@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Direct Final Rule Adverse Comments
NASA has determined that this rulemaking meets the criteria for a
direct final rule because it involves nonsubstantive changes to
relocate sections from Title 14 to Title 2 of the Code of Federal
Regulations (CFR) to properly align with the CFR structure, and to
adopt OMB guidance in Title 2 CFR part 182 that has already been
through the rulemaking process. No opposition to the changes and no
[[Page 56487]]
significant adverse comments are expected. However, if the Agency
receives a significant adverse comment, it will withdraw this direct
final rule by publishing a notice in the Federal Register. A
significant adverse comment is one that explains: (1) Why the direct
final rule is inappropriate, including challenges to the rule's
underlying premise or approach; or (2) why the direct final rule will
be ineffective or unacceptable without a change. In determining whether
a comment necessitates withdrawal of this direct final rule, NASA will
consider whether it warrants a substantive response in a notice and
comment process.
B. Background
Congress established drug-free workplace requirements for Federal
grant recipients in section 5153 of the Drug-Free Workplace Act of 1988
(Pub. L. 100-690, Title V, Subtitle D, which was enacted November 18,
1988). Section 5156 of the Act (41 U.S.C. 705) requires Government-wide
regulations to implement the requirements. In the initial
implementation of the Act, OMB issued guidance (54 FR 4946, January 31,
1989) in conjunction with agencies' issuance of a common rule (54 FR
4947). On November 26, 2003 (68 FR 66534), the agencies updated the
common rule on drug-free workplace requirements and converted it to
plain language.
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.
As the next step in that process, OMB proposed for comment on
September 26, 2008 (73 FR 55776) and finalized on June 15, 2009 (74 FR
28149) Government-wide guidance with policies and procedures to
implement drug-free workplace requirements for financial assistance.
The guidance is located in title 2 of the CFR as subtitle A, chapter 1,
Part 182 and requires each agency to replace the common rule on drug-
free workplace requirements that the agency previously issued in its
own CFR title with a brief regulation in 2 CFR adopting the Government-
wide policies and procedures.
In accordance with OMB's guidance, NASA is issuing a new part 1882
on drug-free workplace requirements for financial assistance in Title 2
of the CFR. This new part is NASA's implementation of the Office of
Management and Budget's (OMB) guidance provided at 2 CFR part 182.
Inasmuch as the new 2 CFR part 1882 replaces NASA's current coverage on
this subject, NASA is removing the existing coverage from 14 CFR part
1267. The new 2 CFR part 1882 serves the same purpose as the common
rule in a simpler way. The rule includes the same NASA additions and
clarifications to the common rule on drug-free workplace requirements
that were added to 14 CFR part 1267 in November 2003 (68 FR 66573).
This final rule is part of OMB's initiative to streamline and
consolidate all Federal regulations on drug-free workplace requirements
for financial assistance. It is an administrative simplification that
makes no substantive change in NASA policy or procedures for drug-free
workplace requirements for financial assistance.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
NASA certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule involves an administrative adoption of previously
codified material in a new part of the CFR.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes do
not impose information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects
2 CFR Part 1882
Administrative practice and procedure, Drug-free workplace, Grant
programs, Reporting and recordkeeping requirements.
14 CFR Part 1267
Administrative practice and procedure, Drug-free workplace, Grant
programs, Reporting and recordkeeping requirements.
14 CFR Part 1274
Grant programs-science and technology.
Cynthia Boots,
Alternate Federal Register Liaison.
Accordingly, 2 CFR and 14 CFR Parts 1260, 1267, and 1274 are
amended as follows:
Title 2--Grants and Agreements
CHAPTER XVIII--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
0
1. Add part 1882 to subtitle B, chapter XVIII to read as follows:
PART 1882--REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL
ASSISTANCE)
Sec.
1882.5 What does this part do?
Subpart A--Purpose and Coverage
1882.120 Are any of my Federal assistance awards exempt from this
part?
Subparts B-D--[Reserved]
Subpart E--Violations of This Part and Consequences
1882.500 How are violations of this part determined for recipients
other than individuals?
1882.505 How are violations of this part determined for recipients
who are individuals?
1882.510 What actions will the Federal Government take against a
recipient determined to have violated this part?
1882.515 Are there any exceptions to those actions?
Subpart F--[Reserved]
Authority: 41 U.S.C. 701 et seq.; 51 U.S.C. 20113(e).
Sec. 1882.100 What does this part do?
This part adopts the Office of Management and Budget (OMB) guidance
in subparts A through F of 2 CFR part 182, as supplemented by this
part, as the NASA policies and procedures for implementing the portion
of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended,
hereafter referred to as ``the Act'') that applies to grants and
cooperative agreements. It thereby gives regulatory effect for NASA to
the OMB guidance. Further, it supplements the OMB guidance with NASA-
specific regulation.
Subpart A--Purpose and Coverage
Sec. 1882.120 Are any of my Federal assistance awards exempt from
this part?
This part does not apply to any award for which the Assistant
Administrator for Procurement determines that the
[[Page 56488]]
application of this part would be inconsistent with the international
obligations of the United States or the laws or regulations of a
foreign government.
Subparts B-D--[Reserved]
Subpart E--Violations of This Part and Consequences
Sec. 1882.500 How are violations of this part determined for
recipients other than individuals?
A recipient other than an individual is in violation of the
requirements of this part if the Assistant Administrator for
Procurement determines, in writing, that--
(a) The recipient has violated the requirements of subpart B of
this part; or
(b) The number of convictions of the recipient's employees for
violating criminal drug statutes in the workplace is large enough to
indicate that the recipient has failed to make a good faith effort to
provide a drug-free workplace.
Sec. 1882.505 How are violations of this part determined for
recipients who are individuals?
An individual recipient is in violation of the requirements of this
part if the Assistant Administrator for Procurement determines, in
writing, that--
(a) The recipient has violated the requirements of subpart C of
this part; or
(b) The recipient is convicted of a criminal drug offense resulting
from a violation occurring during the conduct of any award activity.
Sec. 1882.515 Are there any exceptions to those actions?
The Assistant Administrator for Procurement (AA) may waive with
respect to a particular award, in writing, a suspension of payments
under an award or a suspension or termination of an award. The Chief
Acquisition Officer (CAO) may approve an award to a suspended or
debarred entity if the CAO determines that such a waiver would be in
the public interest. These exception authorities cannot be delegated to
any other official.
Subpart F--[Reserved]
Title 14--Aeronautics and Space
CHAPTER V--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
PART 1267--[REMOVED]
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2. Under the authority of 41 U.S.C. 701 et seq., part 1267 is removed.
PART 1274--COOPERATIVE AGREEMENTS WITH COMMERCIAL FIRMS
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3. The authority citation for 14 CFR Part 1274 is revised to read as
follows:
Authority: 31 U.S.C. 6301 to 6308; 51 U.S.C. 20102, et seq.
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4. Revise Sec. 1274.927 to read as follows:
Sec. 1274.927 Debarment and Suspension and Drug-Free Workplace.
Debarment and Suspension and Drug-Free Workplace (SEP 2014)
NASA cooperative agreements are subject to the provisions of 2
CFR Part 180, Government-wide Debarment and Suspension
(Nonprocurement) and 2 CFR Part 182, Government-wide requirements
for Drug-Free Workplace, unless excepted by 2 CFR 180.110 or
180.610.
[End of Provision]
[FR Doc. 2014-22365 Filed 9-19-14; 8:45 am]
BILLING CODE 7510-13-P
