Unknown. Final regulations and request for technical comments

9,152 words·~42 min read·/register/2012/03/28/2012-7358·

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-2012-03-28.xml --- 77 60 Wednesday, March 28, 2012 Contents Administration on Aging See Aging Administration Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18821-18823 2012-7270 Solicitations for Nominations: U.S. Preventive Services Task Force, 18823-18825 2012-7269 Aging Aging Administration NOTICES Expansion Funds;

Availability: Senior Medicare Patrol Program, 18825 2012-7469 Agriculture Agriculture Department See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18786 2012-7369 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18793-18797 2012-7463 2012-7465 2012-7466 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic Clearance for 2020 Census Field Tests, 18790-18791 2012-7431 Civil Rights Civil Rights Commission NOTICES Meetings: Nebraska Advisory Committee, 18786-18787 2012-7391 Coast Guard Coast Guard RULES Changes to Standard Numbering System, Vessel Identification System, and Boating Accident Report Database, 18689-18704 2012-7127 Safety Zones: Chicago Harbor, Navy Pier Southeast, Chicago, IL, 18688 2012-7388 PROPOSED RULES Safety Zones:

Bay Swim V, Presque Isle Bay, Erie, PA, 18739-18742 2012-7395 Commerce Commerce Department See Census Bureau See International Trade Administration See National Institute of Standards and Technology See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18787-18790 2012-7379 2012-7380 2012-7410 2012-7417 2012-7467 Copyright Office Copyright Office, Library of Congress RULES Discontinuance of Form CO in Registration Practices, 18705-18707 2012-7429 Fees, 18704-18705 2012-7427 PROPOSED RULES Copyright Office Fees, 18742-18748 2012-7428 NOTICES Cable Statutory Licenses:

Specialty Station List, 18869-18871 2012-7430 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulations; Claims and Appeals, 18819 2012-7425 Federal Acquisition Regulations; Incentive Contracts, 18819-18820 2012-7416 Meetings: Defense Intelligence Agency Advisory Board, 18797 2012-7411 Drug Drug Enforcement Administration NOTICES Decisions and Orders: Zhiwei Lin, M.D., 18862-18865 2012-7421 Education Department Education Department RULES Nonprocurement Debarment and Suspension, 18671-18679 2012-7358 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Child Care Access Means Parents in School Program Annual Performance Report, 18797-18798 2012-7476 Meetings: Equity and Excellence Commission; Cancellation, 18798 2012-7376 Employment and Training Employment and Training Administration NOTICES Workforce Investment Act; Lower Living Standard Income Level, 18865-18869 2012-7377 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission PROPOSED RULES Petroleum Reduction and Alternative Fuel Consumption Requirements for Federal Fleets, 18718-18719 2012-7436 NOTICES Meetings:

Efficiency and Renewables Advisory Committee; Correction, 18798 2012-7426 President's Council of Advisors on Science and Technology; Open Teleconference, 18798-18799 2012-7433 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18799-18801 2012-7424 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Acetamiprid, 18710-18716 2012-7461 Quality Assurance Requirements for Continuous Opacity Monitoring Systems at Stationary Sources, 18709 2012-7487 PROPOSED RULES Significant New Use Rules:

Benzidine-Based Chemical Substances; Di-n-pentyl phthalate (DnPP); and Alkanes, C12-13, Chloro, 18752-18766 2012-7208 Tolerance Actions: Dicloran and Formetanate, 18748-18752 2012-7445 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18802-18804 2012-7478 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Focus Groups as Used by EPA for Economics Projects, 18804-18806 2012-7367 Applications for Emergency Exemptions:

Fluxapyroxad for Use on Rice in Louisiana, 18806-18807 2012-7443 Meetings: National and Governmental Advisory Committees to U.S. Representative to Commission for Environmental Cooperation, 18807-18808 2012-7471 Science Advisory Board, Libby Amphibole Asbestos Review Panel; Teleconferences, 18808 2012-7494 Proposed Withdrawal of Nine Total Maximum Daily Loads, 18809 2012-7442 Public Water System Supervision Program Revision for Virginia; Hearing, 18809-18810 2012-7483 Registration Reviews:

Pesticide Dockets Opened for Review and Comment and Other Docket Act, 18810-18812 2012-7449 Rescissions of Previously Issued Cancellation Orders: Methyl Parathion Product Registration, 18813 2012-7444 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 18679-18681 2012-7221 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures:

Miscellaneous Amendments, 18681-18684 2012-7220 PROPOSED RULES Airworthiness Directives: Boeing Co. Airplanes, 18719-18722 2012-7386 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18813-18814 2012-7404 Meetings: Emergency Access Advisory Committee, 18814-18815 2012-7475 Radio Broadcasting Services: AM or FM Proposals to Change Community of License, 18815 2012-7468 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Proposed Flood Elevation Determinations;

Correction, 18766-18767 C1--2010--14558 NOTICES Major Disaster Declarations: Kentucky; Amendment No. 4, 18835 2012-7399 Kentucky; Amendment No. 5, 18834-18835 2012-7396 Proposed Flood Hazard Determinations, 18835-18847 2012-7387 2012-7389 2012-7390 2012-7392 2012-7393 2012-7394 2012-7397 XXX Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Power Authority of State of New York, 18801 2012-7381 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 18879-18880 2012-7366 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 18815 2012-7453 Ocean Transportation Intermediary Licenses; Applicants, 18815-18817 2012-7460 Ocean Transportation Intermediary Licenses; Reissuances, 18817 2012-7457 Ocean Transportation Intermediary Licenses; Revocations, 18817-18818 2012-7459 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 18818 2012-7415 Fiscal Fiscal Service NOTICES Surety Companies Acceptable on Federal Bonds;

Changes in Business Address and Redomestication: First National Insurance Co. of America, et al., 18883 2012-7305 Surety Companies Acceptable on Federal Bonds; Terminations and Mergers: Pioneer General Insurance Co., 18883 2012-7304 Fish Fish and Wildlife Service PROPOSED RULES Boating Infrastructure Grant Program, 18767-18785 2012-6994 NOTICES Environmental Assessments; Availability, etc.: Atchafalaya National Wildlife Refuge, LA, 18856-18857 2012-7403 Lee Metcalf National Wildlife Refuge, Stevensville, MT, 18852-18853 2012-7398 Trinity River National Wildlife Refuge, Liberty County, TX, 18853-18856 2012-7400 Environmental Impact Statements;

Availability, etc.: Alabama Beach Mouse General Conservation Plan for Incidental Take on Fort Morgan Peninsula, Baldwin County, AL, 18857-18858 2012-7370 Food and Drug Food and Drug Administration RULES New Animal Drugs for Minor Use and Minor Species; CFR Correction, 18685-18686 2012-7532 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Disclosure by Clinical Investigators, 18826-18827 2012-7405 Draft Guidances for Industry; Availability:

Bioequivalence Recommendations for Iron Sucrose Injection, 18827-18828 2012-7456 Guidance for Industry and Staff; Availability: Factors to Consider when Making Benefit-Risk Determinations in Medical Device Premarket Approval and De Novo Classifications, 18828-18829 2012-7418 Meetings: Circulatory System Devices Panel of Medical Devices Advisory Committee, 18829-18830 2012-7407 Gastroenterology and Urology Devices Panel of Medical Devices Advisory Committee, 18829 2012-7406 Small Entity Compliance Guide;

Availability: Further Amendments to General Regulations of the FDA to Incorporate Tobacco Products, 18830-18831 2012-7455 Forest Forest Service NOTICES Meetings: Eastern Washington Cascades Provincial Advisory Committee and Yakima Provincial Advisory Committee, 18786 2012-7368 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulations; Quality Assurance, 18818-18819 2012-7422 Federal Acquisition Regulations;

Claims and Appeals, 18819 2012-7425 Federal Acquisition Regulations; Incentive Contracts, 18819-18820 2012-7416 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Aging Administration See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18820-18821 2012-7464 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S.

Customs and Border Protection Housing Housing and Urban Development Department PROPOSED RULES Public Housing and Section 8 Programs: Housing Choice Voucher Program; Streamlining Portability Process, 18731-18738 2012-7341 Supportive Housing for Elderly and Persons with Disabilities Programs: Streamlining Requirements Governing Use of Funding, 18723-18731 2012-7316 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Choice Neighborhoods Evaluation, Phase I, 18848-18849 2012-7484 Insurance Termination Request for Multifamily Mortgage, 18849-18850 2012-7486 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Donor Certification Form, 18850-18851 2012-7412 Meetings: Wildland Fire Executive Council, 18851-18852 2012-7402 Internal Revenue Internal Revenue Service RULES Apportionment of Tax Items Among the Members of a Controlled Group of Corporations; CFR Correction, 18686-18687 2012-7533 Guidance Regarding Deduction and Capitalization of Expenditures Related to Tangible Property: Correction, 18687-18688 2012-7263 International Trade Adm International Trade Administration NOTICES Export Trade Certificates of Review:

Association for the Administration of Rice Quotas, Inc., 18791 2012-7458 International Trade Com International Trade Commission NOTICES Complaints: Certain Consumer Electronics, Including Mobile Phones and Tablets, 18860-18861 2012-7474 Investigations: Stainless Steel Bar from Brazil, India, Japan, and Spain, 18861-18862 2012-7345 Investigations; Terminations, Modifications and Rulings: Competitive Factors Affecting U.S. and Brazilian Agricultural Sales in Selected Third Country Markets, 18862 2012-7472 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Meetings:

District Resource Advisory Council, Las Cruces, NM, 18858 2012-7408 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulations; Claims and Appeals, 18819 2012-7425 Federal Acquisition Regulations; Incentive Contracts, 18819-18820 2012-7416 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 18880-18881 2012-7347 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Associates Information System, 18791-18792 2012-7375 Meetings: Advisory Committee on Earthquake Hazards Reduction, 18792-18793 2012-7481 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 18831-18834 2012-7419 2012-7420 National Telecommunications National Telecommunications and Information Administration NOTICES Spectrum Sharing Innovation Test-Bed Pilot Program, 18793 2012-7373 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Administrative Guides:

Verifying Compliance with Packaging Requirements for Shipment and Receipt of Radioactive Material, 18871-18872 2012-7438 Availability of Electric Power Sources, 18872-18873 2012-7437 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Regulatory Policies and Practices, 18873 2012-7441 Meetings; Sunshine Act, 18873-18874 2012-7539 Requests for Action: Virginia Electric and Power Co., 18874-18875 2012-7434 Postal Service Postal Service RULES New Product Offerings:

USPS Package Intercept, 18707-18709 2012-7356 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Cesar Chavez Day (Proc. 8786), 18895-18896 2012-7639 Greek Independence Day: National Day of Celebration of Greek and American Democracy (Proc. 8787), 18897-18898 2012-7640 EXECUTIVE ORDERS Infrastructure Projects; Federal Permitting and Review Process Improvement (EO 13604), 18885-18890 2012-7636 ADMINISTRATIVE ORDERS Domestic Pipeline Infrastructure Projects;

Expediting Review Process (Memorandum of March 22, 2012), 18891-18893 2012-7638 Public Debt Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Central Valley Project and State Water Project, 18858-18860 2012-7488 Securities Securities and Exchange Commission RULES Net Worth Standard for Accredited Investors, 18684-18685 2012-7446 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: EDGA Exchange, Inc., 18876-18877 2012-7383 EDGX Exchange, Inc., 18877-18878 2012-7384 NYSE Arca, Inc., 18875-18876 2012-7382 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Texas Regulatory Program, 18738-18739 2012-7470 Surface Transportation Surface Transportation Board NOTICES Lease and Operation Exemptions:

North Louisiana and Arkansas Railroad, Inc., Southeastern Arkansas Economic Development District, 18881 2012-7432 Temporary Trackage Rights Exemptions: Nittany and Bald Eagle Railroad Co., Norfolk Southern Railway Co., 18881-18882 2012-7378 Tennessee Tennessee Valley Authority NOTICES Meetings: TVA Regional Resource Stewardship Council, 18879 2012-7371 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board See Transportation Security Administration NOTICES Final Environmental Justice Strategy, 18879 2012-7296 Security Transportation Security Administration RULES Postal Zip Code Change, 18716-18717 2012-7401 Treasury Treasury Department See Fiscal Service See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 18882-18883 2012-7423 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certificate of Registration, 18847-18848 2012-7413 Commercial Gauger and Laboratory Accreditations and Approvals: Intertek USA, Inc., 18848 2012-7414 U.S. Institute United States Institute of Peace NOTICES Fall 2012 Annual Grant Competition, 18883-18884 2012-7319 Priority Grant Competitions, 18884 2012-7318 Separate Parts In This Issue Part II Presidential Documents, 18885-18893, 18895-18898 2012-7639 2012-7640 2012-7636 2012-7638 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. 77 60 Wednesday, March 28, 2012 Rules and Regulations DEPARTMENT OF EDUCATION 2 CFR Part 3485 34 CFR Parts 77, 85, 668, and 682 [Docket ID ED-2012-OS-0007] RIN 1890-AA17 Implementation of OMB Guidance on Nonprocurement Debarment and Suspension AGENCY:

Department of Education. ACTION: Final regulations and request for technical comments. SUMMARY: The Secretary of the Department of Education (Department) establishes a new part in 2 CFR that adopts the Office of Management and Budget's (OMB's) guidance, as supplemented by this new part, as the Department's regulations for nonprocurement debarment and suspension. The Secretary removes regulations that contain the Department's current implementation of the Governmentwide common rule on nonprocurement debarment and suspension.

The Secretary also amends regulations to correct citations as appropriate. The new part will serve the same purposes as, and is substantively identical to, the nonprocurement suspension and debarment common rule published in the **Federal Register** on November 26, 2003. On August 31, 2005, OMB established interim final guidance that was substantively identical to the common rule and directed Federal agencies to adopt those guidelines as regulations. On November 15, 2006, OMB published final guidance.

These final regulations adopt the OMB guidance as regulations of the Department. In addition, the Department adds those requirements that describe how the Department implements suspension and debarment requirements in the context of Title IV of the Higher Education Act of 1965, as amended (HEA). This regulatory action is an administrative simplification that makes no substantive change in the Department's policy or procedures for nonprocurement debarment and suspension. We do not intend any substantive changes to the Department's debarment and suspension regulations.

To be sure we achieved that objective, we ask for technical comments about whether the new regulations are substantively different than the existing regulations. DATES: These final regulations are effective April 27, 2012. In order for us to consider your comments, we must receive them on or before April 27, 2012. ADDRESSES: Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. We will not accept comments by fax or by email.

To ensure that we do not receive duplicate copies, please submit your comments only one time. In addition, please include the Docket ID and the term “Nonprocurement Debarment and Suspension” at the top of your comments. • *Federal eRulemaking Portal:* Go to *www.regulations.gov* to submit your comments electronically. Information on using *Regulations.gov,* including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under “How To Use This Site.” • *Postal Mail, Commercial Delivery, or Hand Delivery.* If you mail or deliver your comments about the final regulations, address them to Alfreida Pettiford, U.S.

Department of Education, 400 Maryland Avenue SW., Room 7100, Potomac Center Plaza, Washington, DC 20202-2550. • *Privacy Note:* The Department's policy for comments received from members of the public (including comments submitted by mail, commercial delivery, or hand delivery) is to make these submissions available for public viewing in their entirety on the Federal eRulemaking Portal at *www.regulations.gov.* Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available on the Internet.

FOR FURTHER INFORMATION CONTACT: Alfreida Pettiford, U.S. Department of Education, 400 Maryland Avenue SW., Room 7100, Potomac Center Plaza, Washington, DC 20202-2550. Telephone:

(202)245-6110. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS), toll-free, at 1-800-877-8339. Individuals with disabilities may obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the contact person listed in this section. SUPPLEMENTARY INFORMATION: *Invitation to Comment:* We invite you to submit comments regarding these final regulations to assist us in complying with the specific requirements of Executive Order 12866 and Executive Order 13563 and their overall requirement of reducing regulatory burden that might result from these final regulations. During and after the comment period, you may inspect all public comments about this regulatory action by accessing *Regulations.gov.* You may also inspect the public comments in person at the Department of Education, 550 12th Street SW., Room 7100, Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Washington, DC time, Monday through Friday of each week except Federal holidays. *Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record:* On request, we will provide an appropriate accommodation or auxiliary aid to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for these regulations. If you want to schedule an appointment for this type of accommodation or auxiliary aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT . Background In 2003, the Department joined with 32 other agencies to revise the nonprocurement debarment and suspension regulations that these agencies had adopted jointly in 1998. *See* 68 FR 66534 (November 26, 2003). The regulations that the agencies adopted were referred to as “the common rule.” On November 15, 2006, the Office of Management and Budget

(OMB)issued final guidance for Governmentwide nonprocurement suspension and debarment (71 FR 66431). This guidance, located in 2 CFR part 180, is substantively the same as the common rule, but is published in a form that each agency can adopt, thus eliminating the need for each agency to publish a separate version of the same rule. The guidance also makes it possible to update Governmentwide requirements without each agency having to re-promulgate its own rules. The Department's current regulations on nonprocurement debarment and suspension are found in 34 CFR part 85. In accordance with OMB's guidance, these final regulations establish the Department's nonprocurement debarment and suspension regulations in subtitle B of title 2 of the CFR. The new 2 CFR part 3485 adopts the OMB guidelines with the same additions and clarifications that the Department made to the Governmentwide common rule on this subject issued on November 26, 2003 (68 FR 66609). The substance of the Department's nonprocurement debarment and suspension regulations is unchanged. These final regulations remove 34 CFR part 85 from the CFR, which is the current location for the Department's nonprocurement debarment and suspension regulations. We also amend the definition of EDGAR in 34 CFR part 77 to remove the reference to part 85. Finally, these final regulations amend 34 CFR parts 668 and 682 to update cross references to the debarment and suspension regulations in 2 CFR parts 180 and 3485. Waiver of Rulemaking Under the Administrative Procedure Act

(APA)(5 U.S.C. 553), the Department is generally required to publish a notice of proposed rulemaking and provide the public with an opportunity to comment on proposed regulations prior to establishing a final rule. However, we are waiving the notice-and-comment rulemaking requirements under the APA. Section 553(b) of the APA provides that an agency is not required to conduct notice-and-comment rulemaking when the agency for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. The Secretary has determined that it is unnecessary to conduct notice-and-comment rulemaking because these regulatory amendments to 2 CFR are an administrative simplification that do not make substantive changes to the Department's policy or procedures for nonprocurement debarment and suspension. The Department is therefore publishing the revisions as final regulations and not as proposed regulations. Nonetheless, because we intend the new part to make no changes in current policies and procedures, we specifically invite comments on any unintended changes in substantive content that the new 2 CFR part 3485 would make relative to the November 2003 common rule published by the Department on November 26, 2003 (68 FR 66534, 66609-66615). If the Department receives comments that result in any changes to the final regulation, we will make timely publication of those changes in the **Federal Register** . Adoption of OMB Guidance We add § 3485.12 to adopt the OMB guidance on suspension and debarment. Section 3485.12(a) adopts subparts A through I of the guidance in 2 CFR part 180 as a regulation of the Department. The Department's current debarment and suspension regulations in 34 CFR part 85 contain additional requirements that must be met to make debarment and suspension actions taken by the Department or other agencies apply to participants in the programs authorized under title IV of the HEA. These final regulations place those same modifications in 2 CFR part 3485 so that debarment and suspension actions can be applied to participants in title IV HEA programs. In each section of these final regulations that adopt a requirement in the OMB guidance that must be modified, the section restates the standard OMB guidance and adds one or more paragraphs that contain the needed changes. General Education Provisions Act Requirements Section 437(b) of the General Education Provisions Act

(GEPA)requires that immediately following each substantive provision of the Department's regulations, the Department must provide the citations to the particular section or sections of statutory law or other legal authority on which that provision is based. The substantive provision in these final regulations that adopts the guidance in 2 CFR part 180 is 2 CFR 3485.12. Because the authority citations for all of the sections adopted by the Department are the same, the Department provides the authority citation for all of the adopted guidance in paragraph

(d)of § 3485.12. Other sections in part 3485 that supplement the guidance in part 180 or relate to the effectiveness of debarment and suspension actions against participants in the title IV, HEA programs list the authority citations for those sections at the end of each of those sections. Executive Orders 12866 and 13563 OMB has determined these regulations to be a non-significant regulatory action for the purposes of Executive Order 12866. We have also determined that this regulatory action does not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions. Finally, we have reviewed these regulations under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. In accordance with both Executive orders, the Department has assessed the potential costs and benefits of this regulatory action. As this regulatory action is a recodification of existing regulations without substantive change, the potential costs associated with this regulatory action are only those that result from existing statutory requirements and those we have determined as necessary for administering the Department's programs and activities. Regulatory Flexibility Act Certification The Secretary certifies that this regulatory action will not have a significant adverse impact on a substantial number of small entities. The Secretary makes this certification because the action recodifies existing regulations without substantive change. Paperwork Reduction Act of 1995 This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. 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. Assessment of Educational Impact In accordance with section 444 of the General Education Provisions Act (GEPA), 20 U.S.C. 1221e-4, when the Department published the notice of proposed rulemaking for the debarment and suspension common rule on January 23, 2002 (67 FR 3272 and 3328), we requested comments on whether those proposed regulations would require transmission of information that any other agency or authority of the United States gathers or makes available. We did not receive any comments in response to that request and, based on our own review, have determined that these final regulations do not require such a transmission of information. *Electronic Access to This Document:* The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** is available via the Federal Digital System at *http://www.gpo.gov/fdsys.* At this site you can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at this site. You may also access documents of the Department published in the **Federal Register** by using the article search feature at *http://www.federalregister.gov.* Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. (Catalog of Federal Domestic Assistance Number does not apply.) List of Subjects 2 CFR Part 3485 Administrative practice and procedure, Debarment and suspension, Grant programs, Loan programs, Reporting and recordkeeping requirements. 34 CFR Part 77 Definitions, Education Department, Grant programs—education. 34 CFR Part 85 Administrative practice and procedure, Debarment and suspension, Drug abuse, Grant programs, Loan programs, Reporting and recordkeeping requirements. 34 CFR Part 668 Administrative practice and procedure, Colleges and universities, Consumer protection, Grant programs—education, Loan programs—education, Reporting and recordkeeping requirements, Student aid. 34 CFR Part 682 Administrative practice and procedure, Colleges and universities, Education, Loan programs—education, Reporting and recordkeeping requirements, Student aid, Vocational education. Dated: March 22, 2012. Arne Duncan, Secretary of Education. For the reasons discussed in the preamble, under the authority of 20 U.S.C. 1221e-3 and 3474, the Secretary amends Title 2, subtitle B, and Title 34, parts 77, 85, 668, and 682 of the Code of Federal Regulations as follows: Title 2—Grants and Agreements 1. Add Chapter XXXIV, consisting of part 3485, to Subtitle B of Title 2 to read as follows: Chapter XXXIV—Department of Education PART 3485—NONPROCUREMENT DEBARMENT AND SUSPENSION 3485.12 What does this part do? 3485.22 Does this part apply to me? 3485.32 What policies and procedures must I follow? Subpart A—General 3485.137 May the Department grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 3485.220 Are any procurement contracts included as covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 3485.310 What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction? 3485.315 May I use the services of an excluded person as a principal under a covered transaction? 3485.330 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 the Department's Officials Regarding Transactions 3485.415 What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction? 3485.437 What method do I use to communicate to a participant the requirements described in § 180.435 of this title? Subpart E—[Reserved] Subpart F—General Principles Relating to Suspension and Debarment Actions 3485.611 What procedures do we use for a suspension or debarment action involving title IV, HEA transactions? 3485.612 When does an exclusion by another agency affect the ability of the excluded person to participate in a title IV, HEA transaction? Subpart G—Suspension 3485.711 When does a suspension affect title IV, HEA transactions? Subpart H—Debarment 3485.811 When does a debarment affect title IV, HEA transactions? Subpart I—Definitions 3485.937 ED Deciding Official. 3485.952 HEA. 3485.995 Principal. 3485.1016 Title IV, HEA participant. 3485.1017 Title IV, HEA program. 3485.1018 Title IV, HEA transaction. Subpart J—[Reserved] Appendix A to Part 3485—Covered Transactions 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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474, unless otherwise noted. § 3485.12 What does this part do? (a)(1) The Department of Education (the “Department” or “ED”) adopts subparts A through I of the Office of Management and Budget guidance in 2 CFR part 180. Thus, this part gives regulatory effect to the OMB guidance and supplements the guidance as needed for the Department. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR part 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR part 1989 Comp., p. 235) and 31 U.S.C. 6101 note (Section 2455, Pub. L. 103-355, 108 Stat. 3327).

(2)The table of contents for this part contains only those sections in part 3485 that include supplements to the guidance in part 180 and new sections needed to implement the guidance for the Department's programs. In those sections of the OMB guidance that are supplemented, the section in part 3485 includes both the text of the OMB guidance that is not affected by the change and any additional paragraphs that need to be added to the OMB guidance. For example, § 180.220 of this title contains only paragraphs

(a)and (b). The text of § 3485.220, which supplements § 180.220 to extend lower-tier transactions to certain transactions below the primary tier, includes both the text of paragraph

(a)and

(b)of § 180.220 and the text of added paragraph (c).

(3)In those sections in part 180 that do not have paragraph designations and that the Department supplements, the section in this part implementing the OMB guidance designates the undesignated paragraph from part 180 as paragraph

(a)and the first supplemental paragraph as paragraph (b). For example, 2 CFR 180.330 includes an undesignated lead in paragraph and two subparagraphs designated

(a)and (b). In § 3485.330, the undesignated paragraph in 2 CFR 180.330 is designated paragraph

(a)and the two subparagraphs are designated paragraphs

(1)and (2). The added paragraphs are designated paragraph

(b)and (c).

(b)The authority for all the provisions in 2 CFR part 180 as adopted in this part is listed 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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474, unless otherwise noted.) § 3485.22 Does this part apply to me? This part applies to you if you are—

(a)A participant or principal in a “covered transaction” (see subpart B of this part and the definition of “nonprocurement transaction” in § 180.970 of this title).

(b)A respondent in a suspension or debarment action of the Department.

(c)An ED deciding official; or

(d)An ED officer authorized to enter into any type of nonprocurement transaction that is a covered transaction. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) § 3485.32 What policies and procedures must I follow? The Department's policies and procedures that you must follow are the policies and procedures specified in this part and in Subparts A through I of 2 CFR part 180. The contracts that are covered transactions, for example, are specified in § 3485.220. Section 180.205 of this title does not require supplementation, so it is not included in the table of contents for this part and is not separately stated in this part. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) Subpart A—General § 3485.137 May the Department grant an exception to let an excluded person participate in a covered transaction?

(a)Yes, the Secretary delegates to the ED Deciding Official the authority under this section to grant an exception permitting an excluded person to participate in a particular covered transaction.

(b)If the ED Deciding Official grants an exception, the exception must be in writing and state the reason(s) for deviating from the Governmentwide policy in Executive Order 12549. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) Subpart B—Covered Transactions § 3485.220 Are any procurement contracts included as covered transactions?

(a)Covered transactions under this part—

(1)Do not include any procurement contracts awarded directly by a Federal agency; but

(2)Do include some procurement contracts awarded by non-Federal participants in nonprocurement covered transactions.

(b)Specifically, a contract for goods or services is a covered transaction if any of the following applies:

(1)The contract is awarded by a participant in a nonprocurement transaction that is covered under § 180.210 of this title, and the amount of the contract is expected to equal or exceed $25,000.

(2)The contract requires the consent of an official of a Federal agency. In that case, the contract, regardless of the amount, always is a covered transaction, and it does not matter who awarded it. For example, it could be a subcontract awarded by a contractor at a tier below a nonprocurement transaction, as shown in the Appendix To Part 3485—Covered Transactions.

(3)The contract is for Federally-required audit services.

(4)The contract is to perform services as a third party servicer in connection with a title IV, HEA program.

(c)In addition to the contracts covered under 2 CFR 180.220(b) of the OMB guidance, this part applies to any contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the contract is to be funded or provided by ED under a covered nonprocurement transaction and the amount of the contract is expected to equal or exceed $25,000. This extends the coverage of the ED nonprocurement suspension and debarment requirements to all lower tiers of subcontracts under covered nonprocurement transactions, as permitted under the OMB guidance at 2 CFR 180.220(c) (see optional lower tier coverage in the figure in Appendix A to Part 3485—Covered Transactions). (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) Subpart C—Responsibilities of Participants Regarding Transactions § 3485.310 What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction?

(a)You as a participant may continue covered transactions with an excluded person if the transactions were in existence when the agency excluded the person. However, you are not required to continue the transactions, and you may consider termination. You should make a decision about whether to terminate and the type of termination action, if any, only after a thorough review to ensure that the action is proper and appropriate.

(b)You may not renew or extend covered transactions (other than no-cost time extensions) with any excluded person, unless another Federal agency responsible for the transaction grants an exception under § 180.135 of this title or ED grants an exception under § 3485.137.

(c)If you are a title IV, HEA participant, you may not continue a title IV, HEA transaction with an excluded person after the effective date of the exclusion unless permitted by 34 CFR 668.26, 682.702, or 668.94, as applicable. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) § 3485.315 May I use the services of an excluded person as a principal under a covered transaction?

(a)You as a participant may continue to use the services of an excluded person as a principal under a covered transaction if you were using the services of that person in the transaction before the person was excluded. However, you are not required to continue using that person's services as a principal. You should make a decision about whether to discontinue that person's services only after a thorough review to ensure that the action is proper and appropriate.

(b)You may not begin to use the services of an excluded person as a principal under a covered transaction unless another Federal agency responsible for the transaction grants an exception under § 180.135 of this title or, if ED took the action, an ED deciding official grants an exception under § 3485.137.

(c)If you are a title IV, HEA participant—

(1)You may not renew or extend the term of any contract or agreement for the services of an excluded person as a principal with respect to a title IV, HEA transaction; and

(a)Before entering into a covered transaction with a participant at the next lower tier, you must require that participant to—

(1)Comply with this subpart as a condition of participation in the transaction. You must do so using the method specified in paragraph

(b)of this section; and

(2)Pass the requirement to comply with this subpart to each person with whom the participant enters into a covered transaction at the next lower tier.

(b)To communicate the requirements in this part to a participant, you must include a term or condition in the transaction that requires the participant's compliance with part 180, subpart C, of this title, as adopted at § 3485.12, and requires the participant to include a similar term or condition in lower-tier covered transactions.

(c)The failure of a participant to include a requirement to comply with Subpart C of 2 CFR part 180 in the agreement with a lower tier participant does not affect the lower tier participant's responsibilities under this part. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) Subpart D—Responsibilities of the Department's Officials Regarding Transactions § 3485.415 What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction?

(a)You as a Federal agency official may continue covered transactions with an excluded person, or under which an excluded person is a principal, if the transactions were in existence when the person was excluded. You are not required to continue the transactions, however, and you may consider termination. You should make a decision about whether to terminate and the type of termination action, if any, only after a thorough review to ensure that the action is proper.

(b)You may not renew or extend covered transactions (other than no-cost time extensions) with any excluded person, or under which an excluded person is a principal, unless you obtain an exception under § 3485.137.

(c)*Title IV, HEA transactions.* If you are a title IV, HEA participant—

(1)You may not renew or extend the term of any contract or agreement for the services of an excluded person as a principal with respect to a title IV, HEA transaction; and

(2)You may not continue to use the services of that excluded person as a principal under this kind of an agreement or arrangement more than 90 days after you learn of the exclusion or after the close of the Federal fiscal year in which the exclusion takes effect, whichever is later. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) § 3485.437 What method do I use to communicate to a participant the requirements described in § 180.435 of this title? To communicate the requirements in this part to a participant, you must include a term or condition in the transaction that requires the participant's compliance with part 180, subpart C, of this title, as adopted at § 3485.12 and requires the participant to include a similar term or condition in lower-tier covered transactions. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) Subpart E—[Reserved] Subpart F—General Principles Relating to Suspension and Debarment Actions § 3485.611 What procedures do we use for a suspension or debarment action involving a title IV, HEA transaction?

(a)If we suspend a title IV, HEA participant under Executive Order 12549, we use the following procedures to ensure that the suspension prevents participation in title IV, HEA transactions:

(1)The notification procedures in § 180.715 of this title.

(2)Instead of the procedures in §§ 180.720 through 180.760 of this title, the procedures in 34 CFR part 668, subpart G, or 34 CFR part 682, subpart D or G, as applicable.

(3)In addition to the findings and conclusions required by 34 CFR part 668, subpart G, or 34 CFR part 682, subpart D or G, the suspending official, and, on appeal, the Secretary determines whether there is sufficient cause for suspension as explained in § 180.700 of this title.

(b)If we debar a title IV, HEA participant under E.O. 12549, we use the following procedures to ensure that the debarment also precludes participation in title IV, HEA transactions:

(1)The notification procedures in §§ 180.805 and 180.870 of this title.

(2)Instead of the procedures in §§ 180.810 through 180.885 of this title, the procedures in 34 CFR part 668, subpart G, or 34 CFR part 682, subpart D or G, as applicable.

(3)On appeal from a decision debarring a title IV, HEA participant, we issue a final decision after we receive any written materials from the parties.

(4)In addition to the findings and conclusions required by 34 CFR part 668, subpart G, or 34 CFR part 682, subpart D or G, the debarring official, and, on appeal, the Secretary determines whether there is sufficient cause for debarment as explained in § 180.800 of this title. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) § 3485.612 When does an exclusion by another agency affect the ability of the excluded person to participate in a title IV, HEA transaction?

(a)If a title IV, HEA participant is debarred by another agency under E.O. 12549, using procedures described in paragraph

(d)of this section, that party is not eligible to enter into title IV, HEA transactions for the duration of the debarment. (b)(1) If a title IV, HEA participant is suspended by another agency under E.O. 12549 or under a proposed debarment under the Federal Acquisition Regulation

(FAR)(48 CFR part 9, subpart 9.4), using procedures described in paragraph

(d)of this section, that party is not eligible to enter into title IV, HEA transactions for the duration of the suspension. (2)(i) The suspension of title IV, HEA eligibility as a result of suspension by another agency lasts for at least 60 days.

(ii)If the excluded party does not object to the suspension, the 60-day period begins on the 35th day after that agency issues the notice of suspension.

(iii)If the excluded party objects to the suspension, the 60-day period begins on the date of the decision of the suspending official.

(3)The suspension of title IV, HEA eligibility does not end on the 60th day if—

(i)The excluded party agrees to an extension; or

(ii)Before the 60th day we begin a limitation or termination proceeding against the excluded party under 34 CFR part 668, subpart G, or part 682, subpart D or G. (c)(1) If a title IV, HEA participant is debarred or suspended by another Federal agency—

(i)We notify the participant whether the debarment or suspension prohibits participation in title IV, HEA transactions; and

(ii)If participation is prohibited, we state the effective date and duration of the prohibition.

(2)If a debarment or suspension by another agency prohibits participation in title IV, HEA transactions, that prohibition takes effect 20 days after we mail notice of our action.

(3)If the Department or another Federal agency suspends a title IV, HEA participant, we determine whether grounds exist for an emergency action against the participant under 34 CFR part 668, subpart G, or part 682, subpart D or G, as applicable.

(4)We use the procedures in § 3485.611 to exclude a title IV, HEA participant excluded by another Federal agency using procedures that did not meet the standards in paragraph

(d)of this section.

(d)If a title IV, HEA participant is excluded by another agency, we debar, terminate, or suspend the participant—as provided under this part, 34 CFR part 668, or 34 CFR part 682, as applicable—if that agency followed procedures that gave the excluded party—

(1)Notice of the proposed action;

(2)An opportunity to submit and have considered evidence and argument to oppose the proposed action;

(3)An opportunity to present its objection at a hearing—

(i)At which the agency has the burden of persuasion by a preponderance of the evidence that there is cause for the exclusion; and

(ii)Conducted by an impartial person who does not also exercise prosecutorial or investigative responsibilities with respect to the exclusion action;

(4)An opportunity to present witness testimony, unless the hearing official finds that there is no genuine dispute about a material fact;

(5)An opportunity to have agency witnesses with personal knowledge of material facts in genuine dispute testify about those facts, if the hearing official determines their testimony to be needed, in light of other available evidence and witnesses; and

(6)A written decision stating findings of fact and conclusions of law on which the decision is rendered. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) Subpart G—Suspension § 3485.711 When does a suspension affect title IV, HEA transactions?

(a)A suspension under § 3485.611(a) takes effect immediately if the Secretary takes an emergency action under 34 CFR part 668, subpart G, or 34 CFR part 682, subpart D or G, at the same time the Secretary issues the suspension. (b)(1) Except as provided under paragraph

(a)of this section, a suspension under § 3485.611(a) takes effect 20 days after those procedures are complete.

(2)If the respondent appeals the suspension to the Secretary before the expiration of the 20 days under paragraph (b)(1) of this section, the suspension takes effect when the respondent receives the Secretary's decision. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) Subpart H—Debarment § 3485.811 When does a debarment affect title IV, HEA transactions?

(a)A debarment under § 3485.611(b) takes effect 30 days after those procedures are complete.

(b)If the respondent appeals the debarment to the Secretary before the expiration of the 30 days under paragraph

(a)of this section, the debarment takes effect when the respondent receives the Secretary's decision. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) Subpart I—Definitions § 3485.937 ED Deciding Official. The ED Deciding Official is an officer of the Department who has delegated authority under the procedures of the Department of Education to decide whether to affirm a suspension or enter a debarment. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) § 3485.952 HEA. *HEA* means the Higher Education Act of 1965, as amended. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) § 3485.995 Principal. *Principal* means—

(a)An officer, director, owner, partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a covered transaction; or

(b)A consultant or other person, whether or not employed by the participant or paid with Federal funds, who—

(1)Is in a position to handle Federal funds;

(2)Is in a position to influence or control the use of those funds; or

(3)Occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction.

(c)For the purposes of Department of Education title IV, HEA transactions—

(1)A third-party servicer, as defined in 34 CFR 668.2 or 682.200; or

(2)Any person who provides services described in 34 CFR 668.2 or 682.200 to a title IV, HEA participant, whether or not that person is retained or paid directly by the title IV, HEA participant. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) § 3485.1016 Title IV, HEA participant. A title IV, HEA participant is—

(a)An institution described in 34 CFR 600.4, 600.5, or 600.6 that provides postsecondary education; or

(b)A lender, third-party servicer, or guaranty agency, as those terms are defined in 34 CFR 668.2 or 682.200. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) § 3485.1017 Title IV, HEA program. A title IV, HEA program includes any program listed in 34 CFR 668.1(c). (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) § 3485.1018 Title IV, HEA transaction. A title IV, HEA transaction includes—

(a)A disbursement or delivery of funds provided under a title IV, HEA program to a student or borrower;

(b)A certification by an educational institution of eligibility for a loan under a title IV, HEA program;

(c)Guaranteeing a loan made under a title IV, HEA program; and

(d)The acquisition or exercise of any servicing responsibility for a grant, loan, or work study assistance under a title IV, HEA program. (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); 20 U.S.C. 1082, 1094, 1221e-3, and 3474) Subpart J—[Reserved] BILLING CODE 4000-01-P ER28MR12.000 BILLING CODE 4000-01-C Title 34—Education PART 77—DEFINITIONS THAT APPLY TO DEPARTMENT REGULATIONS 2. The authority citation for *part* 77 is added to read as follows: Authority: 20 U.S.C. 1221e-3, 2831(a), 2974(b), and 3474. 3. Section 77.1(c) is amended by revising the definition of “EDGAR” to read as follows: § 77.1 Definitions that apply to all Department programs.

(c)* * * *EDGAR* means the Education Department General Administrative Regulations (34 CFR parts 74, 75, 76, 77, 79, 80, 81, 82, 84, 86, 97, 98, and 99). PART 85—[REMOVED] 4. Remove 34 CFR part 85. PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS 5. The authority citation for part 668 continues to read as follows: Authority: 20 U.S.C. 1001, 1002, 1003, 1070g, 1085, 1088, 1091, 1092, 1094, 1099c, and 1099c-1, unless otherwise noted. 6. Section 668.16 is amended by revising paragraph

(k)to read as follows: § 668.16 Standards of administrative capability.

(k)Is not, and does not have any principal or affiliate of the institution (as those terms are defined in 2 CFR parts 180 and 3485) that is—

(1)Debarred or suspended under Executive Order 12549 (3 CFR, 1986 Comp., p. 189) or the Federal Acquisition Regulations (FAR), 48 CFR part 9, subpart 9.4; or

(2)Engaging in any activity that is a cause under 2 CFR 180.700 or 180.800, as adopted at 2 CFR 3485.12, for debarment or suspension under E.O. 12549 (3 CFR, 1986 Comp., p. 189) or the FAR, 48 CFR part 9, subpart 9.4; § 668.82 [Amended] 7. Section 668.82 is amended by: a. In paragraph (e)(1)(i)(B), removing the words “Cause exists under 34 CFR 85.700 or 85.800” and adding, in their place, the words “Cause exists under 2 CFR 180.700 or 180.800, as both those sections are adopted at 2 CFR 3485.12,”. b. In paragraph (f)(1) introductory text, removing the words “under procedures described in 34 CFR 85.612(d)” and adding, in their place, the words “under the procedures described in 2 CFR 3485.612(d)”. c. In paragraph (f)(2)(i) introductory text, removing the words “under procedures described in 34 CFR 85.612(d)” and, adding in their place, the words “under the procedures described in 2 CFR 3485.612(d)”. d. In paragraph (f)(2)(ii) introductory text, removing the words “under 34 CFR 85.201(b)” and adding, in their place, “under 2 CFR 3485.612(c)”. PART 682—FEDERAL FAMILY EDUCATION LOAN

(FFEL)PROGRAM 8. The authority citation for part 682 continues to read as follows: Authority: 20 U.S.C. 1071 to 1087-2, unless otherwise noted. § 682.200 [Amended] 9. In § 682.200, paragraph (b), the definition of “Lender” is amended by: a. In paragraph (6)(i), removing the words “(as those terms are defined in 34 CFR part 85)” and adding, in their place, the words “(as those terms are defined in 2 CFR parts 180 and 3485)”. b. In paragraph (6)(ii), removing the words “as defined in 34 CFR part 85” and adding, in their place, the words “as defined in 2 CFR parts 180 and 3485”. § 682.416 [Amended] 10. Section 682.416(d)(1)(ii)(B) is amended by removing the words “cause under 34 CFR 85.700 or 85.800” and adding, in their place, the words “cause under 2 CFR 180.700 or 180.800, as those sections are adopted at 2 CFR 3485.12”. § 682.706 [Amended] 11. Section 682.706(b)(7) is amended by removing the words “meet the standards described in 34 CFR 85.201(c)” and adding, in their place, the words “meet the standards described in 2 CFR 3485.612(d)”. [FR Doc. 2012-7358 Filed 3-27-12; 8:45 am]

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