Unknown. Final rule

3,996 words·~18 min read·/register/2007/04/20/07-1949

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2007-04-20.xml --- 72 76 Friday, April 20, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service NOTICES Environmental statements; availability, etc.: Eucalyptus hybrids; genetically engineered clones; controlled field release, 19876-19877 E7-7637 Army Army Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 19885-19887 07-1969 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Broadcasting Broadcasting Board of Governors RULES Legal proceedings; testimony by employees, production of officials records, and disclosure of official information, 19798-19801 E7-7559 Census Census Bureau NOTICES Census 2010:

Redistricting Data Program; Voting District/Block Boundary Suggestion Project, 19879 E7-7532 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 19932-19934 E7-7500 E7-7502 E7-7503 E7-7506 E7-7520 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 19934-19935 E7-7423 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 19935-19936 07-1965 07-1976 07-1977 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 19877-19879 E7-7524 E7-7525 Defense Defense Department See Army Department See Navy Department NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 19884-19885 07-1967 Delaware Delaware River Basin Commission NOTICES Meetings and hearings, 19887-19890 E7-7505 Education Education Department NOTICES Meetings: Indian Education National Advisory Council, 19890-19891 E7-7522 Employment Employment and Training Administration NOTICES Alien temporary employment labor certification process: H-2B labor certification application procedures in non-agricultural occupations, 19961-19965 E7-7521 Grant and cooperative agreement awards:

Rural Industrialization Loan and Grant Program; compliance certification requests, 19965-19966 E7-7507 Grants and cooperative agreements; availability, etc.: Workforce Investment Act— National Farmworker Jobs Program, 19972-19980 E7-7497 National Farmworker Jobs Program; housing assistance, 19966-19972 E7-7496 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office NOTICES Consumer products; energy conservation program:

Cascade Group, LLC; waiver from commercial air conditioner and heat pump tests procedures, 19891-19913 07-1887 EPA Environmental Protection Agency RULES Air pollution control: State operating permits programs— Hawaii, 19804-19806 E7-7550 Air quality implementation plans; approval and promulgation; various States: Nevada, 19801-19804 E7-7546 PROPOSED RULES Air pollution control: State operating permits programs— Hawaii, 19838 E7-7549 Air quality implementation plans; approval and promulgation; various States:

Nevada, 19828-19829 E7-7548 Wisconsin, 19829-19838 E7-7541 E7-7545 NOTICES Agency information collection activities; proposals, submissions, and approvals, 19925-19927 E7-7542 Environmental statements; availability, etc.: Agency comment availability, 19927-19928 E7-7547 Agency weekly receipts, 19928-19929 E7-7543 Meetings: Pesticide Program Dialogue Committee, 19929-19930 E7-7551 Executive Executive Office of the President See Presidential Documents Farm Farm Service Agency PROPOSED RULES Rural Business Enterprise Grant Program, 19807-19818 07-1922 FAA Federal Aviation Administration RULES Air carrier certification and operations:

Extinguishing agent container requirements, 19793-19796 07-1937 Airworthiness directives: Cessna, 19790-19793 E7-7519 MD Helicopters Inc., 19788-19790 E7-7438 Raytheon, 19785-19788 E7-7048 PROPOSED RULES Airworthiness directives: Airbus, 19818-19828 E7-7516 E7-7517 E7-7518 NOTICES Exemption petitions; summary and disposition, 20006 07-1940 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood elevation determinations: Various States, 19838-19854 E7-7593 NOTICES Agency information collection activities; proposals, submissions, and approvals, 19942-19944 E7-7581 E7-7582 E7-7585 Disaster and emergency areas:

Iowa, 19944-19945 E7-7563 Oklahoma, 19945 E7-7583 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed: Hot Spring Power Company, LP, et al., 19919 E7-7510 Environmental statements; availability, etc.: Guardian Pipeline, L.L.C., 19919-19920 E7-7566 Gulf South Pipeline Co., LP, 19920-19921 E7-7565 Environmental statements; notice of intent: Northern Natural Gas Co., 19922-19923 E7-7508 Hydroelectric applications, 19923-19925 E7-7514 *Applications, hearings, determinations, etc.:* Avista Energy, Inc., 19914 E7-7567 Brazos Electric Power Cooperative, Inc., 19914 E7-7576 CenterPoint Energy Gas Transmission Co., 19914 E7-7575 Cheyenne Plains Gas Pipeline Co., LLC, 19914-19915 E7-7573 Colorado Interstate Gas Co., 19915 E7-7572 Cottonwood Energy Co.

LP et al., 19915 E7-7511 Entergy Services, Inc., 19916 E7-7509 Enterprise Texas Pipeline L.P., 19916 E7-7568 Gulfstream Natural Gas System, L.L.C., 19916-19917 E7-7569 E7-7570 Laskey, Charles D., 19917 E7-7513 New York Independent System Operator, Inc., 19917-19918 E7-7512 Northern Natural Gas Co., 19918 E7-7574 Northwest Pipeline Corp., 19918 E7-7571 Tennessee Gas Pipeline Co., 19918-19919 E7-7515 Federal Highway Federal Highway Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 20006-20008 E7-7560 E7-7561 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control notices, 19930 E7-7538 Formations, acquisitions, and mergers, 19930-19931 E7-7537 FTC Federal Trade Commission NOTICES Prohibited trade practices: Actavis Group hf. et al., 19931-19932 E7-7478 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds: Hudson Insurance Co., 20011 07-1954 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Clindamycin solution, 19796 E7-7472 Dexmedetomidine; technical amendment, 19796-19797 E7-7594 Florfenicol, 19797-19798 E7-7475 NOTICES Meetings:

International Conference on Harmonization— Brussels, Belgium; preparation, 19936-19937 07-1952 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Colorado, 19879-19880 E7-7595 Connecticut Pfizer Inc.; pharmaceutical products manufacturing plant, 19880 E7-7596 Forest Forest Service NOTICES Recreation fee areas: Bridger-Teton National Forest, WY; Green River Lakes Lodge; overnight rental fee, 19877 07-1971 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 19884-19885 07-1967 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES National Vaccine Injury Compensation Program:

Vaccine Injury Table additions— Meningococcal and human papillomavirus vaccines, 19937-19938 E7-7591 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department RULES Public and Indian housing: Indian Housing Block Grant Program; allocation formula revisions, 20018-20028 E7-7470 NOTICES Agency information collection activities; proposals, submissions, and approvals, 19949-19950 E7-7480 Grants and cooperative agreements; availability, etc.:

Homeless assistance; excess and surplus Federal properties, 19950 E7-7284 Indian Indian Affairs Bureau NOTICES Irrigation projects; operations and maintenance charges: Rate adjustments, 19950-19955 E7-7558 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See Reclamation Bureau IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 20012-20014 E7-7473 E7-7474 E7-7476 E7-7477 Meetings:

Software Developers Conference, 20014 E7-7479 International International Trade Administration NOTICES Antidumping: Circular welded non-alloy steel pipe and tube from— Mexico, 19880-19881 E7-7597 Countervailing duties: Pure magnesium and alloy magnesium from— Canada, 19881-19883 E7-7598 International International Trade Commission NOTICES Import investigations: Wood flooring and hardwood plywood, 19960-19961 E7-7540 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

White Pine County, NV; coal-fired electric power generating plant, 19955-19956 E7-7341 Realty actions; sales, leases, etc.: Nevada, 19956-19957 E7-7556 Utah, 19957-19958 E7-7531 Recreation management restrictions, etc.: Montana, South Dakota, and North Dakota BLM-managed public lands; camping limits, 19958-19959 E7-7265 Minority Minority Business Development Agency NOTICES Meetings: Asian Americans and Pacific Islanders, President's Advisory Commission, 19883 E7-7483 NASA National Aeronautics and Space Administration RULES Grants, other financial assistance, and nonprocurement agreements:

Nonprocurement debarment and suspension; OMB guidance, 19783-19785 07-1949 NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 19884-19885 07-1967 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts and Artifacts Indemnity Panel, 19980 E7-7526 Humanities National Council, 19980 E7-7529 NIH National Institutes of Health NOTICES Meetings: National Heart, Lung, and Blood Institute, 19938-19939 07-1964 National Institute of Neurological Disorders and Stroke, 19940-19941 07-1963 National Institute on Aging, 19939-19940 07-1960 07-1961 Scientific Review Center, 19941-19942 07-1962 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and threatened species:

Cook Inlet beluga whale, 19854-19862 E7-7577 Fishery and conservation management: West Coast States and Western Pacific fisheries— Pacific salmon, 19862-19875 07-1946 NOTICES Marine mammal permit applications, determinations, etc.; correction, 19883-19884 E7-7579 Marine mammals: Taking and importing— El Salvador; yellowfin tuna harvested in Eastern Tropical Pacific Ocean; affirmative finding renewed, 19884 E7-7564 National Science National Science Foundation NOTICES Meetings:

Interagency Arctic Research Policy Committee, 19980-19981 E7-7501 Navy Navy Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 19887 07-1968 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 19981-19982 E7-7530 E7-7533 Peace Peace Corps NOTICES Agency information collection activities; proposals, submissions, and approvals, 19982-19984 07-1972 07-1973 07-1974 07-1975 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Reports and guidance documents; availability, etc.:

Burial of submerged pipelines, 20008-20009 E7-7482 Presidential Presidential Documents ADMINISTRATIVE ORDERS Palestine Liberation Organization; waiver of statutory provisions (Presidential Determination) No. 2007-16 of April 11, 2007, 19781 07-2004 Public Public Debt Bureau See Fiscal Service Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 19984 E7-7557 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

Upper Rio Grande Basin Water Operations Review, NM, 19959-19960 E7-7034 Rural Rural Business-Cooperative Service PROPOSED RULES Rural Business Enterprise Grant Program, 19807-19818 07-1922 Rural Rural Housing Service PROPOSED RULES Rural Business Enterprise Grant Program, 19807-19818 07-1922 RUS Rural Utilities Service PROPOSED RULES Rural Business Enterprise Grant Program, 19807-19818 07-1922 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 19984-19986 E7-7488 E7-7490 E7-7491 E7-7495 Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 19987-19990 E7-7486 E7-7553 Boston Stock Exchange, Inc., 19990-19991 E7-7552 Chicago Board Options Exchange, Inc., 19992-19998 E7-7493 E7-7494 E7-7554 Chicago Stock Exchange, Inc., 19998-19999 E7-7492 International Securities Exchange, LLC, 19999-20002 E7-7489 NASDAQ Stock Market LLC, 20002-20006 E7-7485 E7-7487 Surface Surface Transportation Board NOTICES Railroad carriers: Control exemptions— Smith, Mark K., 20009 E7-7586 Railroad operation, acquisition, construction, etc.:

BNSF Railway Co., 20010 E7-7544 Renew Energy, LLC, 20009-20010 E7-7590 Railroad services abandonment: BNSF Railway Co., 20010-20011 E7-7535 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Fiscal Service See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 20011 E7-7562 MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 19945-19947 E7-7584 E7-7587 E7-7588 E7-7589 Customs U.S. Customs and Border Protection NOTICES Agency information collection activities; proposals, submissions, and approvals, 19948-19949 E7-7578 E7-7580 Veterans Veterans Affairs Department NOTICES Meetings: Cemeteries and Memorials Advisory Committee, 20014 07-1970 National Research Advisory Council, 20015 07-1948 Veterans’ Advisory Committee on Education, 20015 07-1947 Separate Parts In This Issue Part II Housing and Urban Development Department, 20018-20028 E7-7470 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 76 Friday, April 20, 2007 Rules and Regulations NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 2 CFR Part 1880 14 CFR Parts 1260, 1265, and 1274 RIN 2700-AD32 NASA Implementation of OMB Guidance on Nonprocurement Debarment and Suspension AGENCY:

National Aeronautics and Space Administration. ACTION: Final rule. SUMMARY: The National Aeronautics and Space Administration

(NASA)is issuing a new Part 1880 on nonprocurement debarment and suspension in Title 2 of the Code of Federal Regulations (CFR). This new part is NASA's implementation of the Office of Management and Budget's

(OMB)guidance provided at 2 CFR Part 180. In light of the new Part 1880, NASA is removing 14 CFR Part 1265 which contains the current NASA implementation of the government-wide common rule on nonprocurement debarment and suspension. The new part in 2 CFR serves the same purpose as the common rule in a simpler way. This final rule is part of OMB's initiative to streamline and consolidate all federal regulations on nonprocurement debarment and suspension. It is an administrative simplification that makes no substantive change in NASA policy or procedures for nonprocurement debarment and suspension. EFFECTIVE DATE: This final rule is effective April 20, 2007. FOR FURTHER INFORMATION CONTACT: Jamiel C. Commodore, NASA, Office of Procurement, Contract Management Division;

(202)358-0302; e-mail: *Jamiel.C.Commodore@nasa.gov* . SUPPLEMENTARY INFORMATION: A. Background On May 11, 2004, OMB established Title 2 of the CFR with two subtitles (69 FR 26275). Subtitle A, “Government-wide Grants and Agreements,” contains OMB policy guidance to Federal agencies on grants and agreements. Subtitle B, “Federal Agency Regulations for Grants and Agreements,” contains Federal agencies' regulations implementing the OMB guidance, as it applies to grants and other financial assistance agreements and nonprocurement transactions. On August 31, 2005, OMB published interim final guidance for government-wide nonprocurement debarment and suspension in the **Federal Register** (70 FR 51863). The guidance is located in Title 2 of the CFR as new Subtitle A, Chapter 1, Part 180. The interim final guidance updated previous OMB guidance that was issued pursuant to Executive Order 12549 of February 18, 1996, Debarment and Suspension, which gave government-wide effect to each agency's nonprocurement debarment and suspension actions. Section 6 of the Executive Order authorized OMB to issue guidance to Executive agencies on nonprocurement debarment and suspension, including provisions prescribing government-wide criteria and minimum due process. Section 3 directed Executive agencies to issue regulations implementing the Executive Order that are consistent with the OMB guidelines. On November 15, 2006, OMB published a final rule adopting the interim final guidance with changes (71 FR 66431). In accordance with OMB's guidance, NASA is issuing this final rule to adopt and implement Title 2 CFR, Part 180. The rule includes the same NASA additions and clarifications to the common rule on nonprocurement debarment and suspension that were added to 14 CFR 1265 in November 2003 (68 FR 66573). As indicated, this latter coverage is now obsolete and is removed by this final rule. 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 a 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 1880 Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. 14 CFR Part 1260 Grant programs—science and technology. 14 CFR Part 1265 Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. 14 CFR Part 1274 Grant programs—science and technology. Tom Luedtke, Assistant Administrator for Procurement. Accordingly, 2 CFR and 14 CFR Parts 1260, 1265 and 1274 are amended as follows: Title 2—Grants and Agreements 1. Add Chapter XVIII, consisting of Part 1880 to Subtitle B, to read as follows: CHAPTER 18—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PART 1880—NONPROCUREMENT DEBARMENT AND SUSPENSION Sec. 1880.10 What does this part do? 1880.20 Does this part apply to me? 1880.30 What policies and procedures must I follow? Subpart A—General 1880.137 Who in NASA may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 1880.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 1880.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions 1880.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? Subparts E-J—[Reserved] 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; 42 U.S.C. 2473(c)(1). § 1880.10 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 NASA policies and procedures for nonprocurement debarment and suspension. It thereby gives regulatory effect for NASA 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, Public Law 103-355, 108 Stat. 3327). § 1880.20 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 NASA suspension or debarment action;

(c)NASA debarment or suspension official; or

(d)NASA grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction. § 1880.30 What policies and procedures must I follow? The NASA 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.* , § 1880.220). For any section of OMB guidance in Subparts A through I of 2 CFR 180 that has no corresponding section in this part, NASA policies and procedures are those in the OMB guidance. Subpart A—General § 1880.137 Who in NASA may grant an exception to let an excluded person participate in a covered transaction? The Chief Acquisition Officer has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance at 2 CFR 180.135. Subpart B—Covered Transactions § 1880.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Although the OMB guidance at 2 CFR 180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the Appendix to 2 CFR part 180), NASA does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction. Subpart C—Responsibilities of Participants Regarding Transactions § 1880.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with Subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart. Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions § 1880.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, you must include a term or condition in the transaction that requires the participant's compliance with Subpart C of 2 CFR part 180, as supplemented by Subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions. Subparts E-J—[Reserved] Title 14—Aeronautics and Space Chapter V—National Aeronautics and Space Administration PART 1260—GRANTS AND COOPERATIVE AGREEMENTS 2. The authority citation for 14 CFR part 1260 continues to read as follows: Authority: 42 U.S.C. 2473(c)(1), Pub. L. 97-258, 96 Stat. 1003 (31 U.S.C. 6301, *et seq.* ), and OMB Circular A-110. 3. Amend § 1260.10 by revising paragraph (c)(1)(i) to read as follows: § 1260.10 Proposals. (c)(1) * * *

(i)A certification for debarment and suspension under the requirements of 2 CFR § 180.510. 4. Amend § 1260.76 by revising paragraph

(b)to read as follows: § 1260.76 Termination and enforcement.

(b)The Director, Contract Management Division, shall provide to the General Services Administration information concerning all NASA debarments, suspensions, determinations of ineligibility, and voluntary exclusions of persons in accordance with 2 CFR 180.505. 5. Amend § 1260.113 to read as follows: § 1260.113 Debarment and suspension. NASA and recipients shall comply with the nonprocurement debarment and suspension rule, 2 CFR 180 implementing Executive Orders 12549 and 12689, “Debarment and Suspension”. This rule restricts contracts with certain parties that are debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. 6. Amend § 1260.144 by revising paragraph

(d)to read as follows: § 1260.144 Procurement procedures.

(d)to read as follows: § 1260.162 Enforcement.

(d)Relationship to debarment and suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude a recipient from being subject to debarment and suspension under Executive Orders 12549 and 12689 and 2 CFR part 180 (see § 1260.113). PART 1265—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 8. The authority citation for 14 CFR part 1265 continues to read as follows: 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; 42 U.S.C. 2473(c)(1). PART 1265—[REMOVED] 9. Remove Part 1265. PART 1274—COOPERATIVE AGREEMENTS WITH COMMERCIAL FIRMS 10. The authority citation for 14 CFR part 1274 continues to read as follows: Authority: 31 U.S.C. 6301 to 6308; 42 U.S.C. 2451, *et seq.* 11. Amend § 1274.211 by revising paragraph (d)(2) to read as follows: § 1274.211 Award procedures.

(d)* * *

(2)Each new proposal shall include a certification for debarment and suspension under the requirements of 2 CFR 180.510 and 1260.117. 12. Amend § 1274.505 by revising paragraph

(d)to read as follows: § 1274.505 Procurement procedures.

(d)Contracts shall be made only with responsible contractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. Consideration shall be given to such matters as contractor integrity, record of past performance, financial and technical resources or accessibility to other necessary resources. In certain circumstances, contracts with certain parties are restricted by 2 CFR part 180, the implementation of Executive Orders 12549 and 12689, “Debarment and Suspension.” 13. Revise § 1274.927 to read as follows: § 1274.927 Debarment and Suspension and Drug-Free Workplace. Debarment and Suspension and Drug-Free Workplace (APR 2007) NASA cooperative agreements are subject to the provisions of 2 CFR part 180, Government-wide Debarment and Suspension (Nonprocurement) and 14 CFR part 1267, Government-wide requirements for Drug-Free Workplace, unless excepted by 2 CFR 180.110 or 180.610. [End of Provision] [FR Doc. 07-1949 Filed 4-19-07; 8:45 am]