Unknown. Final rule

4,000 words·~18 min read·/register/2010/05/19/2010-11844·

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-2010-05-19.xml --- 75 96 Wednesday, May 19, 2010 Contents Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-11981 27979-27980 2010-12003 Army Army Department NOTICES Record of Decision:

Development and Implementation of Range-Wide Mission and Major Capabilities at White Sands Missile Range, New Mexico, 27997 2010-12017 Training Land Acquisition (Including Purchase and Lease) at Fort Polk, Louisiana, 27996-27997 2010-12014 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office Defense Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement:

Restrictions on the Use of Mandatory Arbitration Agreements (DFARS Case 2010-D004), 27946-27948 2010-11966 Defense Defense Department See Army Department See Defense Acquisition Regulations System Drug Drug Enforcement Administration NOTICES Dismissal of Proceeding: M & N Distributors, 28063-28068 2010-11951 Revocation of Registration: Christopher Henry Lister, 28068-28070 2010-11950 Economic Economic Development Administration NOTICES Petitions by Firms for Determination of Eligibility to Apply for Trade Adjustment Assistance, 27991-27992 2010-11961 Solicitation of Applications for the Research and Evaluation Program:

FY 2010 Mapping Regional Innovation Clusters Project Competition, 27992-27996 2010-11949 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27997-27998 2010-12060 Energy Energy Department See Federal Energy Regulatory Commission RULES Interpretive Rule on Applicability of Current Water Conservation Standards for Showerheads; Availability, 27926 2010-11572 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Hanford, 27999 2010-12016 Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 27998-27999 2010-12015 EPA Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans:

State of California; Legal Authority, 27938-27943 2010-11867 Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes: State of California; PM-10; Determination of Attainment for the Coso Junction Nonattainment Area, 27944-27946 2010-12093 PROPOSED RULES Proposed Tolerance Actions: Acephate, Cacodylic acid, Dicamba, Dicloran et al., 28156-28179 2010-11845 Revisions to California State Implementation Plan: Imperial County Air Pollution Control District, 27975-27977 2010-11984 NOTICES Intent to Suspend Certain Pesticide Registrations, 28005-28009 2010-11833 Notification to Convene Workgroups of Experts for Rapid Advice on Scientific and Technical Issues related to Gulf of Mexico Oil Spill, 28009 2010-11987 Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 28009-28012 2010-11978 Pesticides:

Draft Guidance for Pesticide Registrants on False or Misleading Pesticide Product Brand Names, 28012-28014 2010-11977 Petitions Concerning Whether Ammonia or Urea Sold or Distributed, etc. Should Be Regulated as Pesticides, 28014-28018 2010-11445 Public Teleconference: Science Advisory Board Integrated Nitrogen Committee, 28018-28019 2010-11986 Requests to Voluntarily Cancel Certain Pesticide Registrations: Resmethrin, 28019-28021 2010-11697 Export Export-Import Bank NOTICES Economic Impact Policy, 28021-28022 2010-11954 Farm Farm Credit Administration PROPOSED RULES Federal Agricultural Mortgage Corporation Funding and Fiscal Affairs:

Farmer Mac Investments and Liquidity, 27951-27956 2010-12012 FAA Federal Aviation Administration RULES Special Conditions: Dassault Aviation Falcon Model 2000EX; Autobraking System, 27926-27927 2010-11932 PROPOSED RULES Airworthiness Directives: Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4 605R Variant F Airplanes, etc., 27956-27959 2010-11902 BAE SYSTEMS (Operations) Limited Model BAe 146 and Avro 146 RJ Airplanes, 27959-27961 2010-11903 Boeing Company Model 737-100 and -200 Series Airplanes, 27969-27972 2010-11905 Boeing Company Model 747 400 and 747 400D Series Airplanes, 27966-27969 2010-11901 Fokker Services B.V.

Model F.28 Mark 0070 and 0100 Airplanes, 27961-27964 2010-11904 Pratt & Whitney JT8D-9, -9A, -11, -15, -17, and -17R Turbofan Engines, 27972-27973 2010-11999 Rolls-Royce plc

(RR)RB211-22B and RB211-524 Series Turbofan Engines, 27964-27966 2010-11998 Rolls-Royce plc RB211-524C2 Series Turbofan Engines, 27973-27975 2010-11997 FCC Federal Communications Commission PROPOSED RULES FM Table of Allotments: Fairbanks, AK, 27977-27978 2010-11965 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28022 2010-11896 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Cellu Tissue Corp., 28000-28001 2010-11910 CenterPoint Energy Gas Transmission Co., 27999-28000 2010-11912 Authorization for Continued Project Operation: Ken Willis, 28001 2010-11909 Combined Filings, 28001-28002 2010-11928 Environmental Assessments; Availability, etc.: Duke Energy Indiana, Inc.; Planned Gallagher Station Project, 28002-28004 2010-11911 Establishing Date for Comments: Credit Reforms in Organized Wholesale Electric Markets, 28004 2010-11908 Meetings: Non-Public Investigations and Inquiries, Enforcement Related Matters; Notice of Vote, etc., 28004-28005 2010-11913 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28096-28101 2010-11916 2010-11918 2010-11920 2010-11980 FMC Federal Maritime Commission NOTICES Agreements Filed, 28023 2010-12013 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 28022-28023 2010-11891 Food Food and Drug Administration NOTICES Meetings: Tobacco Products Scientific Advisory Committee, 28027-28028 2010-11907 Food Food Safety and Inspection Service RULES Use of Turkey Shackle in Bar-Type Cut Operations; Correcting Amendment, 27925-27926 2010-11996 NOTICES Meetings: Codex Alimentarius Commission, 27981-27982 2010-12005 Foreign Foreign-Trade Zones Board NOTICES Application for Reorganization/Expansion under Alternative Site Framework: Foreign-Trade Zone 14 — Little Rock, AR, 27982-27983 2010-11982 Foreign-Trade Zone 22 — Chicago, IL, 27983-27984 2010-11983 Forest Forest Service NOTICES Meetings: Fremont and Winema Resource Advisory Committee, 27982 2010-11888 Southwest Montana Resource Advisory Committee, 27981 2010-11839 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Packers and Stockyards Act, 27980 2010-11992 Health Health and Human Services Department See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Draft HHS Strategic Framework on Multiple Chronic Conditions; Solicitation of Written Comments, 28023-28024 2010-11956 Homeland Homeland Security Department See Transportation Security Administration See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: United States Visitor and Immigrant Status Indicator Technology Biometric Data Collection at Ports of Entry, 28034-28035 2010-11915 Privacy Act; Systems of Records, 28035-28051 2010-11917 2010-11919 2010-11972 Public Workshop: Pieces of Privacy, 28051 2010-11925 Indian Indian Affairs Bureau NOTICES Indian Child Welfare Act; Designated Tribal Agents for Service of Notice, 28104-28154 2010-11696 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau IRS Internal Revenue Service RULES Diversification Requirements for Certain Defined Contribution Plans, 27927-27934 2010-11924 Qualified Nonpersonal Use Vehicles, 27934-27938 2010-11767 International International Trade Administration NOTICES Final Results of Antidumping Duty Administrative Review: Certain Welded Stainless Steel Pipes from the Republic of Korea, 27987-27989 2010-11985 International International Trade Commission NOTICES Investigations: Actual Effects of the Free Trade Agreements with Chile, Australia, and Singapore, 28059-28060 2010-11971 Certain Digital Imaging Devices and Related Software, 28058-28059 2010-11969 Certain Oil Country Tubular Goods from China, 28058 2010-11968 Certain Optoelectronic Devices, Components, and Products Containing the Same, 28060-28061 2010-11973 Certain Tissue Paper Products from China, 28061-28062 2010-11970 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings: Advisory Committee, 28062 2010-11922 Justice Justice Department See Drug Enforcement Administration NOTICES Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 28062-28063 2010-11947 Proposed Consent Decree and Proposed Order on Consent Under the Clean Water Act, 28063 2010-11948 Labor Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Confidentiality and Disclosure of State Unemployment Compensation Information Final Rule, etc., 28070 2010-11943 Land Land Management Bureau NOTICES Invitation to Participate in Coal Exploration License: Application WYW179009, Wyoming, 28057 2010-11995 Meetings: Resource Advisory Council to the Boise District, 28057-28058 2010-11964 Maritime Maritime Administration NOTICES Requested Administrative Waivers of Coastwise Trade Laws, 28101 2010-11930 Minerals Minerals Management Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Oil and Gas Production Measurement, 28052-28055 2010-11921 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28070-28071 2010-11899 2010-11900 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability and Request for Comments, 28071-28073 2010-12022 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 28073 2010-12071 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 28033-28034 2010-12001 National Cancer Institute, 28028 2010-12006 National Heart, Lung, and Blood Institute, 28032-28033 2010-12004 National Institute of Allergy and Infectious Diseases, 28029 2010-12011 National Institute of Dental and Craniofacial Research, 28028-28029, 28031 2010-12008 2010-12009 National Institute of Diabetes and Digestive and Kidney Diseases, 28029-28031 2010-12018 2010-12019 2010-12021 National Institute on Aging, 28031-28032 2010-12007 Recombinant DNA Advisory Committee, 28029 2010-11988 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings: Mid-Atlantic Fishery Management Council, 27990-27991 2010-11895 New England Fishery Management Council, 27990 2010-11897 North Pacific Fishery Management Council, 27989-27990 2010-11894 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Joshua Tree National Park, San Bernardino and Riverside Counties, CA; General Management Plan, 28055-28056 2010-11955 National Telecommunications National Telecommunications and Information Administration NOTICES Broadband Technology Opportunities Program, 27984-27986 2010-11898 Nuclear Nuclear Regulatory Commission RULES Nonprocurement Debarment and Suspension, 27923-27925 2010-11844 NOTICES Draft Regulatory Guide; Issuance, Availability, 28073-28074 2010-11975 Meetings: Advisory Committee on Reactor Safeguards, 28074-28075 2010-11967 Meetings; Sunshine Act, 28075-28076 2010-12075 Patent Patent and Trademark Office NOTICES Electronic Filing System - Web Contingency Option, 27986-27987 2010-11906 Postal Postal Regulatory Commission NOTICES New Postal Products, 28076-28077 2010-11942 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Cachuma Lake Resource Management Plan, Santa Barbara County, CA, 28056-28057 2010-11994 Rural Rural Housing Service PROPOSED RULES Single Family Housing Guaranteed Loan Program, 27949-27951 2010-11383 SEC Securities and Exchange Commission NOTICES Program for Allocation of Regulatory Responsibilities, etc.: Financial Industry Regulatory Authority, Inc. and EDGA Exchange, Inc., 28078-28080 2010-11933 Financial Industry Regulatory Authority, Inc. and EDGX Exchange, Inc., 28080-28082 2010-11934 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 28086-28088 2010-11944 Chicago Stock Exchange, Inc., 28083-28085, 28090-28091 2010-11938 2010-11939 NASDAQ OMX BX, Inc., 28088-28090, 28093-28094 2010-11935 2010-11941 NASDAQ Stock Market LLC, 28082-28083 2010-11936 NYSE Amex LLC, 28091-28093 2010-11937 Options Clearing Corp., 28085-28086 2010-11940 SBA Small Business Administration NOTICES Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 2010-11926 28077-28078 2010-11929 State State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: E Ku Ana Ka Paia; Unification, Responsibility and Ku Images, 28095 2010-12000 Picasso Looks at Degas, 28095 2010-11991 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28024-28026 2010-11962 2010-11963 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28095-28096 2010-11959 Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q), 28096 2010-11958 Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Department of Homeland Security Traveler Redress Inquiry Program, 28051-28052 2010-12010 Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28101-28102 2010-11976 Customs U.S. Customs and Border Protection NOTICES Approval as Commercial Gauger: North America, Inc., 28052 2010-12020 Veterans Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Compliance Inspection Report, 28102 2010-11946 Separate Parts In This Issue Part II Interior Department, Indian Affairs Bureau, 28104-28154 2010-11696 Part III Environmental Protection Agency, 28156-28179 2010-11845 Reader Aids Consult the Reader Aids section at the end of this page 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. 75 96 Wednesday, May 19, 2010 Rules and Regulations 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 *http://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 *http://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 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. 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 § 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 enter into a covered nonprocurement transaction. § 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 § 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. § 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 § 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 § 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 § 2000.930 Debarring official. The Debarring Official for the United States Nuclear Regulatory Commission is the Director, Office of Administration. § 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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