Unknown. Interim final rule with request for comments

4,466 words·~20 min read·/register/2007/06/18/07-2949

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-2007-06-18.xml --- 72 116 Monday, June 18, 2007 Contents Centers Centers for Disease Control and Prevention NOTICES Meetings: National Institute for Occupational Safety and Health— NIOSH hazardous drugs list update, 33507 E7-11680 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department PROPOSED RULES Medicare: Home health prospective payment system; refinement and rate update (2008 CY) Correction, 33425-33430 07-2987 Children Children and Families Administration NOTICES Organization, functions, and authority delegations:

TANF Regional Program Managers, 33507-33508 E7-11707 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Illinois, 33445 E7-11639 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Lake Michigan, Milwaukee, WI, 33393-33395 E7-11635 San Francisco Bay, CA, 33388-33393 E7-11637 E7-11716 PROPOSED RULES Drawbridge operations: Florida, 33423-33425 E7-11661 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 33505-33506 07-2989 Council Council on Environmental Quality NOTICES Reports and guidance documents; availability, etc.:

Environmental, energy, and transportation management; strengthening efforts (EO 13423); implementation instructions, 33504 E7-11715 Defense Defense Department See Navy Department NOTICES Arms sales notification; transmittal letter, etc., 33450-33456 07-2986 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 33458-33459 07-3023 07-3024 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33536-33537 E7-11668 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Connecticut, 33400-33401 E7-11690 Indiana, 33395-33397 E7-11571 Nevada, 33397-33400 E7-11578 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Nevada, 33425 E7-11581 NOTICES Pesticide programs: Federal Food, Drug, and Cosmetic Act— Pesticide active ingredients and inerts; list, 33486-33503 E7-11711 Superfund; response and remedial actions, proposed settlements, etc.: Holmes Scrap Yard Site, NC, 33503-33504 E7-11688 Environment Environmental Quality Council See Council on Environmental Quality Executive Executive Office of the President See Council on Environmental Quality Export Export-Import Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 33504-33505 07-2977 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives:

Airbus, 33409-33411 E7-11677 Boeing, 33411-33415 E7-11679 Learjet, 33415-33417 E7-11682 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 33505-33506 07-2989 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood elevation determinations: North Carolina, 33432-33436 E7-11640 NOTICES Agency information collection activities; proposals, submissions, and approvals, 33509-33510 E7-11658 Disaster and emergency areas:

Nebraska, 33510-33511 E7-11629 Oklahoma, 33511 E7-11662 South Dakota, 33511 E7-11632 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 33478-33484 E7-11642 E7-11656 Environmental statements; availability, etc.: North Baja Pipeline, LLC, 33484-33486 E7-11647 *Applications, hearings, determinations, etc.:* Colorado Interstate Gas Co., 33459 E7-11652 Columbia Gas Transmission Corp., 33459-33460 E7-11649 Columbia Gulf Transmission Co., 33460 E7-11650 Great Lakes Gas Transmission LP, 33460-33461 E7-11655 Hardy Storage Co., LLC, 33461 E7-11644 Illinois Municipal Electric Agency, 33461 E7-11648 National Fuel Gas Supply Corp., 33461-33462 E7-11653 North American Electric Reliability Corp., 33462-33476 E7-11685 Northern Natural Gas Co., 33476-33477 E7-11646 Ripon Cogeneration LLC, 33477 E7-11654 Rockies Express Pipeline LLC, 33477 E7-11651 Saltville Gas Storage Co.

L.L.C., 33477-33478 E7-11645 Tuscarora Gas Transmission Co., 33478 E7-11643 Federal Highway Federal Highway Administration NOTICES Federal agency actions on proposed highways; judicial review claims: Virginia; Interstate 81 corridor improvement study, 33555-33556 07-2984 Federal Motor Federal Motor Carrier Safety Administration RULES Motor carrier safety standards: Parts and accessories necessary for safe operation— Lamps and reflective devices; correction, 33562 Z7-11112 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 33506 E7-11692 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Lincomycin, 33386-33387 E7-11611 NOTICES Meetings: Anthrax vaccines; bridging correlates of protection in amimals to immunogenicity in humans; public workshop, 33508-33509 E7-11613 Apheresis blood products licensure; public workshop, 33509 E7-11615 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 Inspector General Office, Health and Human Services Department NOTICES Meetings:

Vital and Health Statistics National Committee, 33506-33507 07-2980 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Budenz, George Charles, II, et al., 33445-33446 07-2982 Durrani, Arif Ali, 33446-33447 07-2981 Inspector Inspector General Office, Health and Human Services Department PROPOSED RULES Medicare and Federal health care programs; fraud and abuse:

Excessive claims; terms clarification and program exclusion authority application; withdrawn, 33430-33432 E7-11663 Interior Interior Department See Land Management Bureau See Minerals Management Service See Reclamation Bureau RULES Grants and agreements: Nonprocurement debarment and suspension; OMB guidance; implementation, 33383-33386 07-2949 NOTICES Meetings: Exxon Valdez Oil Spill Trustee Council, 33512 E7-11667 IRS Internal Revenue Service RULES Income taxes: Governmental plans/qualified nonbank trustee rules; deemed individual retirement accounts, 33387-33388 E7-11636 PROPOSED RULES Income taxes:

Unified rule for loss on subsidiary stock Correction, 33562 C7-187 International International Trade Administration NOTICES Antidumping: Frozen warmwater shrimp from— China, 33447-33449 E7-11709 Justice Justice Department NOTICES Privacy Act; systems of records, 33515-33534 E7-11543 Labor Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration NOTICES Environmental statements; availability, etc.: College Park, GA; Job Corps Center construction, 33534-33535 E7-11714 Meetings:

White House National Summit on Prisoner Reentry; impact of faith-based and community organizations; call for papers, 33535-33536 07-2959 Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.: Colorado, 33512-33513 E7-11614 E7-11617 Oil and gas leases: Wyoming, 33513-33514 E7-11619 Minerals Minerals Management Service PROPOSED RULES Outer Continental Shelf; oil, gas, and sulphur operations: Geological and geophysical explorations; changing proprietary term of certain geophysical information, 33417-33423 07-2960 National National Council on Disability NOTICES Meetings:

Youth Advisory Committee, 33538 E7-11695 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 33539 07-3027 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Northern rockfish, Pacific ocean perch, and pelagic shelf rockfish, 33408 E7-11634 Atlantic highly migratory species— Atlantic bluefin tuna, 33401-33408 E7-11630 PROPOSED RULES Fishery conservation and management:

Atlantic highly migratory species— Atlantic swordfish, 33436-33442 E7-11623 Western Pacific fisheries— Bigeye and yellowfin tuna, 33442-33444 E7-11631 International fisheries regulations: Nations whose fishing vessels are engaged in illegal, unreported, or unregulated fishing or bycatch of protected living marine resources; certification Meetings, 33436 E7-11624 NOTICES Meetings: National Sea Grant Review Panel, 33449 E7-11696 Reports and guidance documents; availability, etc.:

NOAA Five-Year Research Plan; revision; comment request, 33449-33450 E7-11701 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 33539 E7-11734 Navy Navy Department NOTICES Environmental statements; notice of intent: Naval Surface Warfare Center, VA: outdoor research, development, testing, and evaluation, 33456-33457 E7-11674 Inventions, Government-owned; availability for licensing, 33457-33458 E7-11678 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Cellphire, Inc., 33458 E7-11671 NaturalNano, Inc., 33458 E7-11669 Nuclear Nuclear Regulatory Commission RULES Organization, functions, and authority delegations: Office of Information Services telephone number and NRC Web site location changes, 33386 E7-11708 NOTICES Regulatory agreements: Pennsylvania, 33541-33545 E7-11697 *Applications, hearings, determinations, etc.:* Global Nuclear Fuel-Americas, LLC, 33539-33541 E7-11686 SC Holdings, Inc., 33541 E7-11710 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33537-33538 E7-11641 Pension Pension Benefit Guaranty Corporation PROPOSED RULES Multiemployer plans:

Premium payments; variable-rate premiums Correction, 33562 Z7-10412 Reclamation Reclamation Bureau NOTICES Central Valley Project Improvement Act: Water management plans; district plans available for review, 33514-33515 E7-11689 SEC Securities and Exchange Commission RULES Securities: Credit Rating Agency Reform Act of 2006; implementation— Nationally recognized statistical rating organizations, 33564-33636 E7-11166 NOTICES Meetings; Sunshine Act, 33545-33546 E7-11666 E7-11713 Self-regulatory organizations; proposed rule changes:

Chicago Board Options Exchange, Inc., 33547-33549 E7-11628 International Securities Exchange, LLC, E7-11625 33546-33550 E7-11657 NASDAQ Stock Market LLC, 33550-33551 E7-11626 National Stock Exchange, Inc., 33551-33553 E7-11627 SBA Small Business Administration NOTICES Disaster loan areas: Iowa, 33553 E7-11683 Kansas, 33553-33554 E7-11702 Missouri, 33554 E7-11704 Nebraska, 33554 E7-11705 Oklahoma, 33554-33555 E7-11706 South Dakota, 33555 E7-11681 Surface Surface Transportation Board NOTICES Motor carriers:

Motor common carriers of household goods; released rates and liability limits; comment request, 33556-33559 E7-11659 E7-11722 Railroad operation, acquisition, construction, etc.: Napa-Platte Regional Rail Authority, 33559 E7-11469 Railroad services abandonment: Union Pacific Railroad Co., 33560 E7-11483 Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 33505-33506 07-2989 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33511-33512 E7-11618 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office NOTICES Committees; establishment, renewal, termination, etc.:

Auditing Profession Advisory Committee, 33560-33561 E7-11700 Separate Parts In This Issue Part II Securities and Exchange Commission, 33564-33636 E7-11166 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. 72 116 Monday, June 18, 2007 Rules and Regulations DEPARTMENT OF THE INTERIOR Office of the Secretary 2 CFR Part 1400 43 CFR Parts 12, 42, and 43 RIN 1090-AA96 Department of the Interior Implementation of OMB Guidance on Nonprocurement Debarment and Suspension AGENCY:

Office of the Secretary, Interior. ACTION: Interim final rule with request for comments. SUMMARY: The Department of the Interior (Department) proposes to remove its regulations implementing the government-wide common rule on nonprocurement debarment and suspension, and to adopt in their place the Office of Management and Budget's

(OMB)guidance. This regulatory action would implement OMB's initiative to streamline and consolidate all federal regulations on nonprocurement debarment and suspension into one part of the CFR. The Department does not intend to modify any of its current policy. DATES: This interim rule is effective July 18, 2007. Submit comments on this interim rule by August 17, 2007. ADDRESSES: You may submit comments on the rulemaking by any of the following methods listed below. Please use the Regulation Identifier Number

(RIN)1090-AA96 in your message: • Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions on the Web site for submitting comments. • E-mail: *Melodee_Stith@ios.doi.gov.* Please submit Internet comments as an ASCII file and avoid the use of special characters and any form of encryption. Also, please include “Attn: RIN 1090-AA96” and your name and return address in your Internet message. If you do not receive a confirmation that we have received your Internet message, call the contact person listed below. • Regular U.S. Mail: E. Melodee Stith, U.S. Department of the Interior, Office of Acquisition and Property Management, 1849 C Street, NW., Mail Stop 2607-MIB, Washington, DC 20240. • Overnight mail, courier, or hand-delivery: E. Melodee Stith, U.S. Department of the Interior, Office of Acquisition and Property Management, 1849 C Street, NW., Mail Stop 2607-MIB, Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: Melodee Stith at

(202)208-5830 or by e-mail at *Melodee_Stith@ios.doi.gov.* SUPPLEMENTARY INFORMATION: Background On August 31, 2005, the Office of Management and Budget

(OMB)issued an interim final guidance that implemented its Guidance for Governmentwide Debarment and Suspension (Nonprocurement), codified in Part 180 of Title 2 of the Code of Federal Regulations (70 FR 51862, August 31, 2005). In addition to restating and updating its guidance on nonprocurement debarment and suspension, the interim final guidance requires all Federal agencies to adopt a new approach to Federal agency implementation of the guidance. OMB requires each agency to issue a brief rule that:

(1)Adopts the guidance, giving it regulatory effect for that agency's activities; and

(2)states any agency-specific additions, clarifications, and exceptions to the government-wide policies and procedures contained in the guidance. That guidance also requires agencies to implement the OMB guidance by February 28, 2007. Pursuant to the requirements in OMB's interim final guidance, the Department of the Interior (Department) proposes to:

(1)Remove 43 CFR Part 42;

(2)replace the Department's part containing the full text of the debarment and suspension common rule with a brief part implementing OMB's guidance and any provisions specific to the Department;

(3)co-locate the Department's part with OMB's guidance in 2 CFR along with other agencies' regulations in that title; and

(4)revise references in 43 CFR Part 12 with the citation to the Department's regulations located in Title 2, CFR Subtitle B section 1400. This interim final regulatory action would implement the OMB's initiative to streamline and consolidate all Federal regulations on nonprocurment debarment and suspension into one part of the CFR, and does not make any change to current policy and procedures. Under 5 U.S.C. 553(b)(3)(A) agencies are not required to undergo notice and comment procedure for “interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice.” Invitation to Comment We intend the new part in 2 CFR to adopt the OMB guidelines with the same additions and clarifications made to the common rule on nonprocurement debarment and suspension in the **Federal Register** publication of November 26, 2003 (68 FR 66628). Administrative Procedure Act The Department has determined that the public notice and comment provisions of the Administrative Procedure Act, 5 U.S.C. 553(b), do not apply because of the good cause exception under 5 U.S.C. 553(b)(3)(B), which allows the agency to suspend the notice and public procedure when the agency finds for good cause that those requirements are impractical, unnecessary, and contrary to the public interest. This action would merely remove the Department's current policy and provisions related to the debarment and suspension common rule and replace it with a brief part adopting OMB's guidance and implementing any provisions specific to the Department. In addition, it would co-locate the Department's regulations with OMB's guidance in 2 CFR along with other agencies' rules in that title. These revisions are purely administrative in nature and do not modify the Department's current policy. Executive Order 12866 This proposed regulatory action has been determined to be not significant for purposes of E.O. 12866. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) This rule, if adopted, would not have a significant economic impact on a substantial number of small entities. This action would merely remove the Department's current policy and provisions related to the debarment and suspension common rule and replace it with a brief part adopting OMB's guidance and implementing any provisions specific to the Department. In addition, it would co-locate the Department's regulations with OMB's guidance in 2 CFR along with other agencies' rules in that title. These revisions are purely administrative in nature and do not modify the Department's current policy. Because these changes are not substantive, we believe that this action would not have a significant economic impact on a substantial number of small entities. Small Business Regulatory Enforcement Fairness Act (SBREFA) This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This action adopts the common rule established by OMB regarding persons who have been debarred or suspended. This rule: a. Does not have an annual effect on the economy of $100 million or more. b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Takings (E.O. 12630) Under the criteria in Executive Order 12630, this rule does not have significant takings implications. A takings implication assessment is not required. Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4) This regulatory action does not contain a Federal mandate that will result in the expenditure by State, local, and tribal governments, in aggregate, or by the private sector of $100 million or more in any one year. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35) This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the Paperwork Reduction Act unless that collection displays a currently valid OMB Control Number. Federalism (Executive Order 13132) This regulatory action does not have Federalism implications, as set forth in Executive Order 13132. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Consultation With Indian Tribes (E.O. 13175) Under the criteria in Executive Order 13175, we have evaluated this rule and determined that it has no potential effects on federally recognized Indian tribes. This rule makes non-substantive changes to the Department's nonprocurement debarment and suspension procedures. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. National Environmental Policy Act This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act of 1969 is not required. Data Quality Act In developing this rule we did not conduct or use a study, experiment, or survey requiring peer review under the Data Quality Act (Pub. L. 106-554). List of Subjects 2 CFR Subtitle B, Part 1400 Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. 43 CFR Part 12 Administrative practice and procedure, Administrative and audit requirements and cost principles for assistance programs. 43 CFR Part 42 Administrative practice and procedure, Governmentwide Debarment and Suspension (nonprocurement). 43 CFR Part 43 Administrative practice and procedure, Governmentwide Requirements for Drug-Free Workplace (Financial Assistance). Dated: May 11, 2007. James E. Cason, Associate Deputy Secretary. Accordingly, under the authority of 5 U.S.C. 301, the Department of the Interior makes the following amendments to the Code of Federal Regulations, Title 2, Subtitle B, Part 1400 and Title 43 CFR Parts 12, 42, and 43: TITLE 2—GRANTS AND AGREEMENTS 1. Add Chapter 14, consisting of Part 1400, to Subtitle B to read as follows: CHAPTER 14—DEPARTMENT OF THE INTERIOR PART 1400—NONPROCUREMENT DEBARMENT AND SUSPENSION Sec. 1400.10 What does this part do? 1400.20 When does this part apply to me? 1400.30 What policies and procedures must I follow? Subpart A—General 1400.137 Who in the Department of the Interior may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 1400.215 Which nonprocurement transactions, in addition to those listed in 2 CFR 180.215, are not covered transactions? 1400.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 1400.332 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 1400.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? Subpart E-H—[Reserved] Subpart I—Definitions 1400.930 Debarring official (Department of the Interior supplement to the definition at 2 CFR 180.930). 1400.970 Nonprocurement transaction (Department of the Interior supplement to the definition at 2 CFR 180.930). 1400.1010 Suspending official (Department of the Interior supplement to the definition at 2 CFR 180.930). Authority: E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235); sec. 2455 Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); 5 U.S.C. 301. § 1400.10 What does this part do? This part adopts the Office of Management and Budget

(OMB)guidance in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Department of the Interior policies and procedures for nonprocurement debarment and suspension. It thereby gives regulatory effect to the OMB guidance as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR 1989 Comp., p. 235) and 31 U.S.C. 6101 note (Section 2455, Pub. L. 103-355, 108 Stat. 3327). § 1400.20 When 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)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, as supplemented by subpart B and § 1400.970);

(b)Respondent in a Department of the Interior suspension or debarment action;

(c)Department of the Interior debarment or suspension official, i.e., the Director, Office of Acquisition and Property Management; or

(d)Department of the Interior grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction. § 1400.30 What policies and procedures must I follow?

(a)The Department of the Interior policies and procedures that you must follow are specified in:

(1)Each applicable section of the OMB guidance in subparts A through I of 2 CFR part 180; and

(2)The supplement to each section of the OMB guidance that is found in this part under the same section number. (The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) as supplemented by section 220 in this part (i.e., Sec. 1400.220)).

(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, Department of the Interior policies and procedures are those in the OMB guidance. Subpart A—General § 1400.137 Who in the Department of the Interior may grant an exception to let an excluded person participate in a covered transaction? Within the Department of the Interior, the Director, Office of Acquisition and Property Management 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 § 1400.215 Which nonprocurement transactions, in addition to those listed in 2 CFR 180.215, are not covered transactions?

(a)Transactions entered into pursuant to Public Law 93-638, 88 Stat. 2203.

(b)Under natural resource management programs, permits, licenses, exchanges, and other acquisitions of real property, rights-of-way, and easements.

(c)Transactions concerning mineral patent claims entered into pursuant to 30 U.S.C. 22 *et seq.;* and

(d)Water service contracts and repayments entered into pursuant to 43 U.S.C. 485. § 1400.220 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), the Department of the Interior 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 § 1400.332 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. Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions § 1400.437 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. Subpart E-H—[Reserved] Subpart I—Definitions § 1400.930 Debarring official (Department of the Interior supplement to the definition at 2 CFR 180.930). The Debarring Official for the Department of the Interior is the Director, Office of Acquisition and Property Management. § 1400.970 Nonprocurement transaction (Department of the Interior supplement to the definition at 2 CFR 180.970). In addition to those listed in 2 CFR 180.970, the Department of the Interior includes the following as nonprocurement transactions:

(a)Federal acquisition of a leasehold interest or any other interest in real property;

(b)Concession contracts;

(c)Disposition of Federal real and personal property and natural resources; and

(d)Any other nonprocurement transactions between the Department and a person. § 1400.1010 Suspending official (Department of the Interior supplement to the definition at 2 CFR 180.930). The Suspending Official for the Department of the Interior is the Director, Office of Acquisition and Property Management. Subpart J—[Reserved] TITLE 43, PUBLIC LANDS: INTERIOR PART 12—ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES FOR ASSISTANCE PROGRAMS 2. The authority citation for part 12 continues to read as follows: Authority: E.O 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235); Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); 5 U.S.C. 301; U.S.C. 6101 note. § 12.75 [Removed] 3. Remove § 12.75. § 12.913 [Removed] 4. Remove § 12.913. PART 42—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) [REMOVED] 5. Remove part 42. PART 43—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) 6. The authority for part 43 continues to read as follows: Authority: E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235); Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); 5 U.S.C. 301; 31 U.S.C. § 43.510 [Amended] 7. Amend § 43.510(c) by removing the citation “43 CFR Part 42” and adding “2 CFR Part 180” in its place. § 43.630 [Amended] 8. Amend § 43.630 by removing the phrase “the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689” and adding the citation “2 CFR part 180” in its place. § 43.670 [Amended] 9. Amend § 43.670 by removing the phrase “the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689” and adding the citation “2 CFR part 180” in its place. [FR Doc. 07-2949 Filed 6-15-07; 8:45 am]

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U.S. Code