Unknown. Final rule

4,905 words·~22 min read·/register/2010/07/19/2010-17429

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-2010-07-19.xml --- 75 137 Monday, July 19, 2010 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41793 2010-17464 Animal Animal and Plant Health Inspection Service NOTICES Solicitation of Letters of Interest to Participate in Biotechnology Quality Management System Program, 41798-41799 2010-17526 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 41872 2010-17562 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41869-41870 2010-17293 Civil Civil Rights Commission NOTICES Meetings: Utah Advisory Committee, 41799-41800 2010-17532 Coast Guard Coast Guard RULES Safety Zones: Annual Kennewick, Washington, Columbia Unlimited Hydroplane Races, Kennewick, WA, 41762-41764 2010-17472 Mississippi River (Mile 840.0 to 839.8), 41764-41766 2010-17474 Transformers 3 Movie Filming, Chicago River, Chicago, IL, 41760-41762 2010-17470 PROPOSED RULES Special Local Regulations for Marine Events:

Patuxent River, Solomons, MD, 41789-41790 2010-17473 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission PROPOSED RULES Account Ownership and Control Report, 41775-41787 2010-17530 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 41820 2010-17592 2010-17593 2010-17595 Defense Defense Department NOTICES 36(b)(1) Arms Sales Notifications, 41820-41836 2010-17521 Education Education Department NOTICES Waivers and Extensions of Project Periods, 41836-41838 2010-17580 Election Election Assistance Commission RULES Nonprocurement Debarment and Suspension, 41691-41693 2010-17429 Employee Employee Benefits Security Administration RULES Interim Final Rules for Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services; etc., 41726-41760 2010-17242 Employment Employment and Training Administration NOTICES Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance:

Carestream Health, Inc.; Medical X-Ray Division, Windsor, CO, 41894 2010-17455 Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: Colville Indian Plywood and Veneer, et al., Omak, WA, 41896-41897 2010-17452 Colville Indian Precision Pine Colville Tribal Enterprise Corp., et al., Omak, WA, 41896 2010-17453 CRH North America Inc. Including On-Site Leased Workers, etc.; Warren, MI, 41894 2010-17448 Emerson Power Transmission, Division of Emerson Electric Co., et al., Ithaca, NY, 41895-41896 2010-17456 Inteva Products, LLC, Adrian and Troy, MI, 41895 2010-17449 Wapakoneta Machine Co., Wapakoneta, OH, 41894-41895 2010-17451 Whirlpool Corp.

Evansville Division, et al., Evansville, IN, 41895 2010-17457 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance, 41897-41898 2010-17454 Revised Determinations on Reconsiderations: Slash Support, Inc. Gamehouse Products Support Workers, South Jordan, UT, 41898 2010-17450 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Energy Information Administration See Federal Energy Regulatory Commission See National Nuclear Security Administration NOTICES Meetings:

Basic Energy Sciences Advisory Committee, 41838 2010-17518 Energy Energy Efficiency and Renewable Energy Office NOTICES Energy Conservation Programs for Certain Commercial and Industrial Equipment: Order Granting a Waiver to Sanyo North America Corp. from Commercial Package Air Conditioner and Heat Pump Test Procedures, 41845-41850 2010-17514 Energy Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41838-41840 2010-17522 FAA Federal Aviation Administration PROPOSED RULES Establishments of Class E Airspace:

Colebrook, NH, 41772-41773 2010-17520 Proposed Amendments of Class E Airspace: Arco, ID, 41773-41774 2010-17508 Proposed Establishments and Modifications of Class E Airspace: Deer Park, WA, 41774-41775 2010-17516 NOTICES Intents to Rule on Requests to Release Airport Property: Fort Smith Regional Airport, Fort Smith, AR, 41922 2010-17292 Noise Exposure Maps: New Smyrna Beach Municipal Airport, New Smyrna Beach, FL, 41926-41927 2010-17512 FCC Federal Communications Commission RULES Assessment and Collection of Regulatory Fees for Fiscal Year 2010, 41932-41962 2010-17331 Commission's Rules to Accommodate 30 Megahertz Channels in 6525-6875 MHz Band, etc.:

Amendment, 41767-41771 2010-17205 FM Table Allotments, 41766-41767 2010-17479 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41859-41863 2010-17458 2010-17466 Meetings: Consumer Advisory Committee, 41863 2010-17570 Structure and Practices of the Video Relay Service Program, 41863-41866 2010-17575 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: National Advisory Council, 41874 2010-17506 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41840-41842 2010-17556 Applications: Northern Border Pipeline Co., 41842-41843 2010-17551 Combined Filings, 41843-41845 2010-17546 Environmental Assessments; Availability: Charlie Hotchkin and Claire Fay, 41850 2010-17559 Initial Market-Based Rate Filings: Great Bay Energy, LLC, 41854-41855 2010-17553 2010-17554 SGE Energy Sourcing, LLC, 41854 2010-17557 Stream Energy Pennsylvania, LLC, 41855 2010-17552 Petitions for Rate Approvals: Enogex, LLC, 41855 2010-17558 ONEOK Field Services Company, LLC, 41855-41856 2010-17548 Preliminary Permit Applications Accepted for Filing and Soliciting Comments, Motions to Intervene, etc.:

KC Hydro LLC, 41856 2010-17560 Restricted Service Lists for Programmatic Agreements, etc.: East Texas Electric Cooperative, Inc., Lake Livingston Hydroelectric Project, 41856-41857 2010-17547 Staff Attendances: Southwest Power Pool ICT Stakeholder Policy Committee, 41858 2010-17550 Southwestern Power Pool Regional State Committee Meeting, SPP Board of Directors Meeting, 41857-41858 2010-17555 Termination of License by Implied Surrender, 41858-41859 2010-17549 Federal Reserve Federal Reserve System NOTICES Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies, etc., 41866-41867 2010-17482 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings;

Sunshine Act, 41867 2010-17588 FTC Federal Trade Commission RULES Applicance Labeling Rule, 41696-41724 2010-16895 Financial Financial Crimes Enforcement Network PROPOSED RULES Financial Crimes Enforcement Network; Amendments to Bank Secrecy Act Regulations: Definitions and Other Regulations Relating to Prepaid Access, 41788-41789 2010-17505 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Great Swamp National Wildlife Refuge, Morris County, NJ, 41879-41880 2010-17444 Recovery Plan for Ivory-billed Woodpecker (Campephilus principalis), 41886-41887 2010-17486 Food Food and Drug Administration RULES Food Additives Permitted in Feed and Drinking Water of Animals:

Ammonium Formate, 41725-41726 2010-17565 NOTICES Draft Guidances: Q4B Evaluation and Recommendation of Pharmacopoeial Texts, etc.; International Conference on Harmonisation, 41871-41872 2010-17485 Food Food and Nutrition Service NOTICES Child and Adult Care Food Program: National Average Payment Rates, Day Care Home Food Service Payment Rates, etc., 41793-41795 2010-17502 Food Distribution Program: Value of Donated Foods (from July 1, 2010 Through June 30, 2011), 41795 2010-17504 National School Lunch, Special Milk, and School Breakfast Programs:

National Average Payments/Maximum Reimbursement Rates, 41796-41798 2010-17507 Foreign Foreign-Trade Zones Board NOTICES Expansion of Foreign-Trade Zone 163 Ponce, PR, Area, 41801 2010-17540 2010-17542 Reorganization/Expansion of Foreign-Trade Zone 17, Kansas City, MO, under Alternative Site Framework, 41819 2010-17539 Reorganization/Expansion of Foreign-Trade Zone 61, San Juan, PR, Area, 41819-41820 2010-17536 Forest Forest Service NOTICES Meetings: Chequamegon Resource Advisory Committee, 41795-41796 2010-17443 Tehama County Resource Advisory Committee, 41795 2010-17290 GIPSA Grain Inspection, Packers and Stockyards Administration RULES Export Inspection and Weighing Waiver for High Quality Specialty Grains Transported in Containers, 41693-41695 2010-17529 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Interim Final Rules for Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services; etc., 41726-41760 2010-17242 NOTICES Requests For Information:

Development of Inventory of Comparative Effectiveness Research, 41867-41868 2010-17244 Health Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41868-41869 2010-17527 Meetings: Advisory Commission on Childhood Vaccines, 41872-41873 2010-17437 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Disclosure of Adjustable Rate Mortgages

(ARMs)Rates, 41876-41877 2010-17577 Federal Labor Standards Questionnaire(s); Complaint Intake Form, 41876 2010-17573 Insured Healthcare Facilities 232 Loan Application, 41877-41878 2010-17574 Quality Control for Rental Assistance Subsidy Determinations, 41874-41875 2010-17569 Semi-annual Labor Standards Enforcement Report - Local Contracting Agencies, 41878-41879 2010-17571 Technical Processing Requirements for Multifamily Project Mortgage Insurance, 41875-41876 2010-17576 Indian Indian Affairs Bureau NOTICES Requests for Nominations: Bureau of Indian Education Advisory Board for Exceptional Education, 41887-41889 2010-17544 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Interim Final Rules for Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services; etc., 41726-41760 2010-17242 PROPOSED RULES Requirement for Group Health Plans and Health Insurance Issuers to Provide Coverage of Preventive Services under the Patient Protection and Affordable Care Act, 41787-41788 2010-17243 International International Trade Administration NOTICES Consolidated Decision on Applications for Duty-Free Entry of Electron Microscopes: Saint Louis University, et al., 41800 2010-17537 Consolidated Decision on Applications for Duty-Free Entry of Scientific Instruments: University of Minnesota, et al., 41800-41801 2010-17535 Final Affirmative Countervailing Duty Determinations: Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China, 41801-41804 2010-17541 Final Determination of Sales at Less Than Fair Value: Narrow Woven Ribbons with Woven Selvedge from People's Republic of China, 41808-41813 2010-17568 Narrow Woven Ribbons with Woven Selvedge from Taiwan, 41804-41808 2010-17538 Final Results of Antidumping Duty Administrative Review, etc.: Certain Frozen Warmwater Shrimp from India, 41813-41818 2010-17534 International International Trade Commission NOTICES Determinations: Certain Steel Grating from China, 41889 2010-17498 Investigations: Certain Collaborative System Products and Components Thereof (II), 41889-41890 2010-17468 Certain Underground Cable and Pipe Locators, 41890-41891 2010-17469 Recommendations for Modifying Harmonized Tariff Schedule of United States: Certain Footwear, 41891 2010-17467 Terminations of Investigations: Certain Optoelectronic Devices, Components Thereof, and Products Containing the Same, 41891-41892 2010-17471 Justice Justice Department See National Institute of Corrections Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration Land Land Management Bureau NOTICES Filing of Plats of Survey: Montana, 41881-41882 2010-17563 Oregon/Washington, 41881 2010-17442 Public Land Orders: No. 7744; Withdrawal of National Forest System Land for Inyan Kara Area; Wyoming, 41886 2010-17528 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41898-41899 2010-17566 Meetings: Science Committee; Earth Science Subcommittee, 41899 2010-17564 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability and Request for Comments, 41899-41902 2010-17623 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: National Endowment for Arts Advisory Panel, 41902 2010-17533 National Highway National Highway Traffic Safety Administration NOTICES Meetings: Draft Recommendations for Safely Transporting Children in Specific Situations in Emergency Ground Ambulances, 41923-41926 2010-17513 National Institute National Institute of Corrections NOTICES Solicitations for Cooperative Agreements: Guidebook for Building High Performance Correctional Organizations, 41892-41894 2010-17487 NIH National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Institute of Diabetes and Digestive and Kidney Diseases Information Clearinghouses Customer Satisfaction Survey, 41870-41871 2010-17581 Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 41872 2010-17567 Prospective Grant of Exclusive License: The Development of Human Therapeutics for the Treatment of Cancer, 41873-41874 2010-17579 National National Nuclear Security Administration NOTICES Environmental Impact Statements; Availability, etc.: Intent to Modify the Scope of Surplus Plutonium Disposition, 41850-41853 2010-17519 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings: Gulf of Mexico Fishery Management Council, 41818 2010-17524 New England Fishery Management Council, 41818-41819 2010-17525 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41879 2010-17463 Environmental Impact Statements; Availability, etc.: Indiana Dunes National Lakeshore, Indiana, 41881 2010-17462 Intents to Repatriate Cultural Items: U.S. Department of Interior, Bureau of Indian Affairs, Washington, DC; et al., 41882 2010-17476 Inventory Completions: Georgia Department of Transportation, Atlanta, GA; et al., 41884-41885 2010-17481 Museum of Anthropology, Washington State University Pullman, WA, 41883-41884 2010-17483 Wisconsin Historical Society, Museum Division, Madison, WI, 41882-41883, 41885-41886 2010-17475 2010-17484 Nuclear Nuclear Regulatory Commission NOTICES Issuance of Director's Decision: Florida Power and Light Co., 41902-41907 2010-17509 Postal Postal Service PROPOSED RULES Address Management Services: Elimination of Manual Card Option for Address Sequencing Services, 41790-41792 2010-17460 Research Research and Innovative Technology Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Airline Service Quality Performance—Part 234, 41920-41921 2010-17511 Report of Passengers Denied Confirmed Space, 41921 2010-17517 Rural Rural Business-Cooperative Service RULES Rural Microentrepreneur Assistance Program: Correction, 41695-41696 2010-17480 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 2010-17599 41907-41908 2010-17661 Self-Regulatory Organizations; Proposed Rule Changes: Fixed Income Clearing Corp., 41908-41909 2010-17489 Municipal Securities Rulemaking Board, 41909-41911 2010-17492 NASDAQ Stock Market LLC, 41916-41919 2010-17493 2010-17494 NYSE Amex LLC, 41912-41913 2010-17491 NYSE Arca, Inc., 41914-41916 2010-17490 Sentencing Commission, United States See United States Sentencing Commission Social Social Security Administration NOTICES Meetings: Occupational Information Development Advisory Panel, 41919-41920 2010-17488 Surface Surface Transportation Board NOTICES Discontinuances of Trackage Rights Exemptions: Central Washington Railroad Co., Yakima County, WA, 41922 2010-17496 Thrift Thrift Supervision Office NOTICES Appointment Of Receiver: Ideal Federal Savings Bank, Baltimore, MD, 41927 2010-17333 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Innovative Technology Administration See Surface Transportation Board Treasury Treasury Department See Financial Crimes Enforcement Network See Internal Revenue Service See Thrift Supervision Office NOTICES Special Inspector General for Troubled Asset Relief Program Performance Review Board, 41927 2010-17584 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing Guidelines for United States Courts, 41927-41929 2010-17515 Separate Parts In This Issue Part II Federal Communications Commission, 41932-41962 2010-17331 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. 75 137 Monday, July 19, 2010 Rules and Regulations ELECTION ASSISTANCE COMMISSION 2 CFR Chapter 58 Nonprocurement Debarment and Suspension AGENCY: U.S. Election Assistance Commission (EAC). ACTION: Final rule. SUMMARY: The Election Assistance Commission

(EAC)is publishing its final rule implementing the Office of Management and Budget regulations on nonprocurement debarment and suspension. These proposed regulations will apply to nonprocurement grants, cooperative agreements and other similar transactions. Under this system, a person who is debarred or suspended is excluded from federal financial and nonfinancial assistance and benefits under federal programs and activities. EAC is also establishing a new 2 CFR chapter 58 part 5800 that adopts OMB's final government-wide guidance on nonprocurement debarment and suspension and contains supplemental EAC nonprocurement debarment and suspension provisions. DATES: *Effective Date:* This rule is effective on August 18, 2010. FOR FURTHER INFORMATION CONTACT: Andrew Guggenheim or Tamar Nedzar, Election Assistance Commission 1201 New York Avenue, Suite 300, Washington, DC 20005; Telephone: 202-566-3100. SUPPLEMENTARY INFORMATION: Preamble Table of Contents The following is an outline of the preamble. I. Disposition of the Comments II. Legal Basis for Rulemaking III. Discussion of Rulemaking IV. Rulemaking Analysis and Notices I. Disposition of the Comments EAC issued a notice of proposed rulemaking and requested public comment on these rules on May 5, 2010 (75 FR 24494). The comment period ended June 4, 2010. EAC received no comments on this rulemaking activity, and therefore makes no changes to the proposed rules. The regulations in this notice are the same in form and substance as those posted in the Notice of Proposed Rulemaking. II. Legal Basis for Rulemaking Executive Order 12549, (3 CFR, 1986 Comp., 189 51 FR 6370), authorized OMB to establish a governmentwide debarment and suspension system covering the full range of Federal procurement and nonprocurement activities, and to establish procedures for debarment and suspension from participation in Federal nonprocurement programs. Section 6 of the Executive Order authorized OMB to issue guidelines to Executive departments and agencies that govern which program and activities are covered by the Executive Order, prescribe Governmentwide criteria and Governmentwide minimum due process procedures, and set forth other related details for the effective administration of the guidelines. Section 3 directed agencies to issue implementing regulations that are consistent with OMB guidelines. Pursuant to the Executive Order, on February 21, 1986 OMB published initial guidelines for nonprocurement debarment and suspension that applies to grants, cooperative agreements and similar transactions. EAC is adopting the OMB regulations found in 2 CFR part 180. To adopt these regulations, 2 CFR 180.25 requires federal agencies to address certain agency specific elements. The following regulations fulfill this requirement. III. Discussion of Rulemaking The United States Election Assistance Commission

(EAC)was created by Congress in the Help America Vote Act of 2002. The Commission's primary function is to serve as a national clearinghouse and resource for information on and procedures for federal elections. EAC conducts studies on election administration and makes those studies available to the public. EAC also has adopted Voluntary Voting System Guidelines; administers a voting system testing and certification program; allocates election-related federal funding to the States; and carries out administrative duties under the National Voter Registration Act of 1993, including developing and maintaining a mail voter registration application form for elections to federal office. In general, the proposed regulation gives the authority over debarment and suspension to the Contracting Officer. In the event of a vacancy or conflict of interest by the contracting officer, the debarment and suspension official will be the Chief Financial Officer. Covered transactions include all agency nonprocurement transactions, first-tier contracts and subcontracted funded by the EAC in excess of $25,000 or 30 percent of the value of the first-tier transaction, whichever is lesser. EAC is also providing covered individuals a right to request a reconsideration of a debarment action. In this process, an individual having received a disposition of the debarment action may submit to the Contracting Officer any newly discovered material evidence; proof of a reversal of the conviction or civil judgment upon which the debarment was based; a bona fide change in ownership or management; elimination of other causes for which the debarment or suspension was imposed; or other reasons the debarring official finds appropriate. By default, elements not addressed in the agency specific regulations will be covered by the government-wide sections in the Common Rule. IV. Rulemaking Analysis and Notices A. Executive Order 12866 EAC is an independent agency and is not subject to Executive Order 12866. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) This regulatory action will not have a significant adverse impact on a substantial number of small entities. Unfunded Mandates Act of 1995 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 This final rule does not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. 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. Executive Order 13211 This rule is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355 (May 22, 2001)) because it is not a significant regulatory action under Executive Order 12866. Congressional Review Act The Congressional Review Act, as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EAC will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). This rule will be effective 30 days from the date of publication in the **Federal Register** . List of Subjects in 2 CFR Part 5800 Administrative practice and procedure, debarment and suspension, assistance programs, reporting and recordkeeping requirements. For the reasons set forth in the preamble, under the authority at 2 CFR part 180, the Election Assistance Commission amends title 2 of the Code of Federal Regulations, by establishing Chapter 58, consisting of part 5800 to read as follows: Title 2—Grants and Agreements Chapter 58—Election Assistance Commission PART 5800—NONPROCUREMENT DEBARMENT AND SUSPENSION Sec. 5800.10 What does this part do? 5800.20 Does this part apply to me? 5800.30 What policies and procedures must I follow? Subpart A—General 5800.137 Who at the Commission may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 5800.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 5800.332 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 5800.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? 5800.765 May I ask the suspending official to reconsider a decision to suspend me? 5800.875 May I ask the debarring official to reconsider a decision to debar me? 5800.880 What factors may influence the debarring official during reconsideration? 5800.890 How may I appeal my debarment? Subpart E Through H [Reserved] Subpart I—Definitions 5800.930 Debarring official. 5800.970 Nonprocurement transaction. 5800.1010 Suspending official. Subpart J [Reserved] Authority: Sec. 2455, Pub. L. 103-355, 108; Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549; (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3); CFR, 1989 Comp., p. 235). § 5800.10 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 U.S. Election Assistance Commission (“the Commission” or “EAC”) policies and procedures for nonprocurement debarment and suspension. It thereby gives regulatory effect for the Commission to the OMB guidance as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” and 31 U.S.C. 6101 note. § 5800.20 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 (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 Commission suspension or debarment action;

(c)Commission debarment or suspension official; or

(d)Commission grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction. § 5800.30 What policies and procedures must I follow? The Commission 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., § ___.220). For any section of OMB guidance in Subparts A through I of 2 CFR 180 that has no corresponding section in this part, Commission policies and procedures are those in the OMB guidance. Subpart A—General § 5800.137 Who at the Commission may grant an exception to let an excluded person participate in a covered transaction? The Commission's Contracting 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 § 5800.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Pursuant to 2 CFR 180.220(c), the Commission extends coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts to include any subcontract to be funded by the Commission, the value of which is expected to equal to or exceed $25,000 or 30 percent of the value of first-tier transaction, whichever is lesser. Subpart C—Responsibilities of Participants Regarding Transactions § 5800.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? If a lower-tier transaction is covered pursuant to § 5800.220, 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 § 5800.437 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 as an agency official must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, and requires the participant to include a similar term or condition in lower-tier covered transactions. § 5800.765 May I ask the suspending official to reconsider a decision to suspend me? Yes. Within 30 days of receiving a final notice of suspension, you may make a written request for the suspending official to reconsider your suspension. § 5800.875 May I ask the debarring official to reconsider a decision to debar me? Yes. Within 30 days of receiving a final notice of debarment, you may make a written request for the debarring official to reconsider your debarment pursuant to § 5800.880. The disposition of your request for reconsideration; or the result of your appeal; shall be considered a final agency action. § 5800.880 What factors may influence the debarring official during reconsideration? The debarring official may reduce or terminate your debarment based on:

(a)Newly discovered material evidence;

(b)A reversal of the conviction or civil judgment upon which your debarment was based;

(c)A bona fide change in ownership or management;

(d)Elimination of other causes for which the debarment was imposed; or

(e)Other reasons the debarring official finds appropriate. § 5800.890 How may I appeal my debarment?

(a)If the Commission debarring official issues a decision under 2 CFR 180.870 to debar you after you present information in opposition to a proposed debarment under § 180.815, you may ask for review of the debarring official's decision in two ways:

(1)You may ask the debarring official under § 875 to reconsider the decision for material errors of fact or law that you believe will change the outcome of the matter; or

(2)You may request a review by the EAC's debarment appeals body (DAP), which is composed of the Executive Director, Chief Financial Officer, and Chief Operating Officer. The DAP will review your appeal and make a determination on whether to sustain or reverse the decision of the debarring official. The DAP will then make a recommendation to the EAC Commissioners who will vote by circulation on whether to accept or reject the recommendation of the DAP. A request to review the debarring official's decision to debar you must be made within 30 days of your receipt of the debarring official's decision under § 180.870 or paragraph (a)(1) of this section. However, the DAP may recommend to the EAC Commissioners that the debarring official's decision be reversed, based on a majority vote of the DAP, only where the DAP finds that the decision is based on a clear error of material fact or law, or where DAP finds that the debarring official's decision was arbitrary, capricious, or an abuse of discretion. You may appeal the debarring official's decision without requesting reconsideration, or you may appeal the decision of the debarring official on reconsideration.

(b)A request for review under this section must be in writing; prominently state on the envelope or other cover and at the top of the first page “Debarment Appeal;” state the specific findings you believe to be in error; and include the reasons or legal bases for your position. The appeal request should be delivered or addressed to the U.S. Election Assistance Commission, 1201 New York Avenue, NW., Suite 300, Washington, DC 20005.

(c)After the circulation vote of the EAC Commissioners has been certified, either the Commission debarring official or the DAP must notify you of their decision under this section, in writing, using the notice procedures set forth at §§ 180.615 and 180.975.

(e)Nothing in this part prohibits the EAC from delegating the appeal review process to another Federal agency through a memorandum of understanding or interagency agreement. Subparts E through H—[Reserved] Subpart I—Definitions § 5800.930 Debarring official. For the Commission, the debarring official for all nonprocurement transactions is the Commission's Contracting Officer. In the case of a vacancy in the position of the Contracting Officer, the alternate debarring official is the Chief Financial Officer. § 5800.970 Nonprocurement transaction While the Commission treats all payments made to states under 42 U.S.C. 15301, 15302 and 15401 as grants, this part does not apply to grants made to states and political subdivisions therein. § 5800.1010 Suspending official. For the Commission, the debarring official for all nonprocurement transactions is the Commission's Contracting Officer. In the case of a vacancy in the position of the Contracting Officer, the alternate debarring official is the Chief Financial Officer. Subpart J [Reserved] Thomas Wilkey, Executive Director, U.S. Election Assistance Commission. [FR Doc. 2010-17429 Filed 7-16-10; 8:45 am]

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