Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-04-29.xml --- 81 83 Friday, April 29, 2016 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Forest Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Response Team Customer Satisfaction Survey, 25714-25715 2016-10057 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Scrapie in Sheep and Goats; Interstate Movement Restrictions and Indemnity Program, 25640-25641 2016-10122 Army Army Department NOTICES Intents to Grant Partially Exclusive Licenses: AEgis Technologies Group, Inc., 25654 2016-09993 Meetings: Army Education Advisory Subcommittee, 25653-25654 2016-10001 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement RULES Oil and Gas and Sulfur Operations in the Outer Continental Shelf;

Blowout Preventer Systems and Well Control, 25888-26038 2016-08921 Census Bureau Census Bureau NOTICES Meetings: National Advisory Committee, 25642-25643 2016-10118 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25672-25675 2016-10083 2016-10084 Medicare and Medicaid Programs: Approval of the Institute for Medical Quality's Ambulatory Surgical Center Accreditation Program, 25675-25677 2016-10165 Coast Guard Coast Guard NOTICES Meetings:

Merchant Marine Personnel Advisory Committee, 25686-25687 2016-09972 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25643-25645 2016-10035 2016-10042 2016-10046 2016-10047 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 25652 2016-10180 Commodity Credit Commodity Credit Corporation RULES Farm Storage Facility Loan Program:

Portable Storage Facilities and Reduced Down Payment for FSFL Microloans, 25587-25595 2016-09949 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 25652-25653 2016-10216 Copyright Royalty Board Copyright Royalty Board NOTICES Distribution of 2014 Satellite Royalty Funds, 25719-25720 2016-10094 Defense Department Defense Department See Army Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25655-25656 2016-09995 Charter Renewals:

Department of Defense Federal Advisory Committees, 25654-25655 2016-09971 Meetings: Defense Acquisition University Board of Visitors, 25656 2016-10033 U.S. Strategic Command Strategic Advisory Group, 25654 2016-09982 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Clarification of Test Procedures for Fluorescent Lamps Ballasts, 25595-25601 2016-10012 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Installation of a Terminal Groin Structure at the Eastern End of Ocean Isle Beach, Extending into the Atlantic Ocean, West of Shallotte Inlet (Brunswick County, NC), 25659-25660 2016-09997 Potential Impacts within Defined Geographic Regions in Texas That May Be Affected by Future U.S. Army Corps of Engineers, Fort Worth District, Permit Decisions for Future Surface Coal and Lignite Mine Expansions or Satellite Mines within the District's Area of Responsibility, 25658 2016-10000 Proposed Lake Columbia Regional Water Supply Reservoir Project in Texas;

Termination, 25657 2016-09999 Meetings: City of Norfolk Flood Risk Management Study, 25656-25657 2016-10002 Lake Eufaula Advisory Committee, 25657-25658 2016-10003 Environmental Protection Environmental Protection Agency RULES Air Plan Approvals: Removal of I/M Program in Memphis and Revisions to the 1997 8-Hour Ozone Maintenance Plan for Shelby County, TN, 25605-25608 2016-10166 Air Plan Revisions; Approvals: Arizona; Rescissions and Corrections, 25608-25611 2016-10008 Federal Plan Requirements:

Sewage Sludge Incineration Units Constructed on or Before October 14, 2010, 26040-26088 2016-09292 State Plans for Designated Facilities and Pollutants; Approvals and Promulgations: Puerto Rico; Control of Emissions from Existing Sewage Sludge Incineration Units, 25611-25613 2016-09862 NOTICES Environmental Impact Statements; Availability, etc., 25666 2016-10078 Updates to the Demographic and Spatial Allocation Models to Produce Integrated Climate and Land Use Scenarios Version 2, 25666-25667 2016-09860 Federal Aviation Federal Aviation Administration RULES Establishment of Class E Airspace:

Hollis, OK, 25602-25603 2016-09994 Horseshoe Bend, AR, 25603-25604 2016-09985 Ketchum, OK, 25601-25602 2016-09989 PROPOSED RULES Airworthiness Directives: Airbus Helicopters (Type Certificate Previously Held by Eurocopter France), 25622-25625 2016-09947 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2016-10021 2016-10022 25660-25665 2016-10023 2016-10079 2016-10080 2016-10081 2016-10082 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Palmco Power MI LLC, 25660-25661 2016-10137 Torofino Trading LLC, 25663-25664 2016-10157 Refund Effective Dates: Beaver Dam Energy LLC, 25661 2016-10024 Federal Railroad Federal Railroad Administration NOTICES Railroad Safety Infrastructure Improvement Grants, 25752-25758 2016-10077 Federal Reserve Federal Reserve System NOTICES Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 25667 2016-10103 Federal Trade Federal Trade Commission NOTICES Early Terminations of the Waiting Period Under the Premerger Notification Rules;

Approvals, 25667-25672 2016-10049 2016-10050 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Eagle Take Permits for the Chokecherry and Sierra Madre Phase I Wind Energy Project, 25688-25690 2016-09783 Food and Drug Food and Drug Administration PROPOSED RULES Food Additive Petitions: 3M Corporation, 25625-25627 2016-09932 NOTICES Center for Biologics Evaluation and Research eSubmitter Program: Electronic Submission of Postmarketing Adverse Event Reports for Human Vaccine Products, 25679-25680 2016-10025 Meetings:

Mass Spectrometry in the Clinic: Regulatory Considerations Surrounding Validation of Liquid Chromatography-Mass Spectrometry Based Devices; Public Workshops, 25678-25679 2016-10106 Recommendations on the Regulation of Combination Drug Medicated Feeds, 25677-25678 2016-10028 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Tahoe National Forest; Placer County, California; Squaw Valley to Alpine Meadows Base-to-Base Gondola Project, 25641-25642 2016-09672 New Fee Sites:

Carson National Forest, 25641 2016-10039 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25690-25691 2016-10041 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2016-10062 25681-25682 2016-10066 Health Resources Health Resources and Services Administration NOTICES Statement of Organization, Functions and Delegations of Authority, 25680 2016-10048 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist the Homeless, 25688 2016-09757 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Acquisition of Trust Land, 25698-25699 2016-10004 Rate Adjustments for Indian Irrigation Projects, 25691-25698 2016-10045 Indian Health Indian Health Service NOTICES 4-in-1 Grant Program; Correction, 25682-25683 2016-10164 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Priorities Assistance, 25645 2016-09987 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service NOTICES List of Programs Eligible for Inclusion in Funding Agreements Negotiated with Self-Governance Tribes by Interior Bureaus Other than the Bureau of Indian Affairs and Fiscal Year 2016 Programmatic Targets, 25699-25703 2016-10040 Meetings:

U.S. Extractive Industries Transparency Initiative Public Outreach; Webinar, 25703-25704 2016-10115 School Facilities Construction List, 25704 2016-10044 Internal Revenue Internal Revenue Service NOTICES Credit for Renewable Electricity Production and Refined Coal Production: Inflation Adjustment Factor and Reference Prices for Calendar Year 2016, 25760 2016-10065 Meetings: Advisory Group to the Internal Revenue Service Tax Exempt and Government Entities Division, 25759-25760 2016-10064 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Phosphor Copper from Korea, 25714 2016-10055 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See National Institute of Justice NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Explosives License or Permit, 25715-25716 2016-10101 Controlled Substances Import/Export Declaration, 25716 2016-10058 Juvenile Residential Facility Census, 25717-25718 2016-10059 Proposed Consent Decree Second Modification under the Clean Water Act, 25715 2016-10104 Proposed Consent Decrees Under the Clean Water Act, 25716-25717 2016-10105 Labor Department Labor Department See Mine Safety and Health Administration RULES Implementation of OMB Guidance on Nonprocurement Debarment and Suspension, 25585-25587 2016-10015 PROPOSED RULES Implementation of OMB Guidance on Nonprocurement Debarment and Suspension, 25620-25622 2016-10014 NOTICES Privacy Act;

Systems of Records, 25766-25885 2016-09510 Land Land Management Bureau NOTICES Meetings: California Desert District Advisory Council, 25705 2016-09941 Requests for Nominations: Utah Resource Advisory Council, 25704-25705 2016-10171 Library Library of Congress See Copyright Royalty Board Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: High-Voltage Continuous Mining Machines Standards for Underground Coal Mines, 25719 2016-10169 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 25758-25759 2016-10038 National Institute Justice National Institute of Justice NOTICES Draft Test Procedures for the Gun Safety Technology Challenge, 25718 2016-10121 National Institute National Institutes of Health NOTICES Charter Renewals: Advisory Board for Clinical Research, 25686 2016-09979 Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 25685-25686 2016-09980 National Cancer Institute, 25686 2016-10029 National Institute of General Medical Sciences, 25685 2016-10126 National Institute of Neurological Disorders and Stroke, 25684-25685 2016-10030 National Institute on Aging, 25684 2016-10144 National Institute on Alcohol Abuse and Alcoholism, 25685 2016-10132 National Institute on Deafness and other Communication Disorders, 25686 2016-10142 National Institute on Drug Abuse, 25683-25684 2016-10128 Prospective Grant of Exclusive Licenses:

AAV-Mediated Aquaporin Gene Transfer to Treat Sjogren's Syndrome, 25683 2016-09978 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Greenland Turbot in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area, 25618-25619 2016-09988 Longnose Skate in the Western Regulatory Area of the Gulf of Alaska, 25618 2016-10056 NOTICES Fisheries of the Northeastern United States: Northeast Multispecies Fishery;

Approved Monitoring Service Providers, 25650-25651 2016-09970 Meetings: Fisheries of the Gulf of Mexico and South Atlantic; Southeast Data, Assessment and Review, 25651 2016-10075 New England Fishery Management Council, 25648 2016-10074 Western Pacific Fishery Management Council, 25648-25649, 25651-25652 2016-10073 2016-10162 2016-10163 Permits: Marine Mammals; File No. 15271, 25645-25646 2016-10036 Marine Mammals; File No. 19309, 25650 2016-10037 Presidential Task Force on Combating Illegal Unreported and Unregulated Fishing and Seafood Fraud Action Plan:

Commerce Trusted Trader Program, 25646-25648 2016-10005 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Vista Grande Drainage Basin Improvement Project, Golden Gate National Recreation Area, San Francisco and San Mateo Counties, CA, 25707-25709 2016-10172 Inventory Completions: Kansas State Historical Society, Topeka, KS, 25711-25713 2016-10067 Sam Noble Oklahoma Museum of Natural History, Norman, OK, 25705-25707 2016-10069 National Register of Historic Places:

Pending Nominations and Related Actions, 25709-25710 2016-10017 Repatriation of Cultural Items: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, 25710-25711 2016-10068 Robert S. Peabody Museum of Archaeology, Andover, MA, 25713-25714 2016-10070 National Science National Science Foundation NOTICES Fiscal Year 2015 Service Contract Inventory, 25720 2016-10052 Meetings; Sunshine Act, 25721-25722 2016-10254 Permit Applications: Antarctic Conservation Act, 25720-25721 2016-10054 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Combined License Applications:

Bell Bend Nuclear Power Plant, 25722-25723 2016-09986 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Freedom of Information/Privacy Act Record Request Form, 25724 2016-10060 Privacy Act Request for Completed Standard Form SF85/SF85P/SF86, INV 100A, 25723-25724 2016-10061 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials: Incorporation by Reference Edition Update for the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and Transportation Systems for Liquids and Slurries:

Pressure Piping Code, 25613-25618 2016-10027 PROPOSED RULES Hazardous Materials: Incorporation of ASME Code Section XII and the National Board Inspection Code, 25627-25639 2016-09919 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25724-25725 2016-10034 Securities Securities and Exchange Commission NOTICES Applications: AllianceBernstein LP, and AllianceBernstein U.S. Real Estate Employee Fund II, LP, 25742-25748 2016-10020 Madison ETF Trust and Madison ETF Advisers, LLC, 25734-25742 2016-10019 Self-Regulatory Organizations;

Proposed Rule Changes: New York Stock Exchange LLC, 25725-25734, 25748-25750 2016-09975 2016-09983 Small Business Small Business Administration NOTICES Disaster Declarations: Louisiana, 25750 2016-10071 Military Reservist Economic Injury Disaster Loans: Interest Rate for Third Quarter FY 2016, 25750 2016-10072 Surface Transportation Surface Transportation Board NOTICES Acquisitions and Operation Exemptions: Finger Lakes Railway Corp.; Seneca County Industrial Development Agency, 25752 2016-10090 Lease Exemptions:

Seneca County Industrial Development Agency; Finger Lakes Railway Corp., 25751-25752 2016-10091 Sublease and Operation Exemptions: Finger Lakes Railway Corp.; Seneca County Industrial Development Agency, 25750-25751 2016-10092 Trade Representative Trade Representative, Office of United States RULES Establishment of a Petition Process: Review the Eligibility of Countries Under the African Growth and Opportunity Act, 25604-25605 2016-10016 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Internal Revenue Service See United States Mint NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 25760-25763 2016-10085 2016-10086 2016-10087 U.S. Mint United States Mint NOTICES Coin Exchange; Suspension Extension, 25763 2016-10123 Separate Parts In This Issue Part II Labor Department, 25766-25885 2016-09510 Part III Interior Department, Bureau of Safety and Environmental Enforcement, 25888-26038 2016-08921 Part IV Environmental Protection Agency, 26040-26088 2016-09292 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 81 83 Friday, April 29, 2016 Rules and Regulations DEPARTMENT OF LABOR Office of the Assistant Secretary for Administration and Management 2 CFR Part 2998 29 CFR Parts 95 and 98 RIN 1291-AA38 Department of Labor Implementation of OMB Guidance on Nonprocurement Debarment and Suspension AGENCY:

Office of the Assistant Secretary for Administration and Management, Department of Labor. ACTION: Direct final rule. SUMMARY: The U.S. Department of Labor

(DOL)is removing its regulations implementing the government-wide common rule on nonprocurement debarment and suspension, currently located in Part 98 of Title 29 of the Code of Federal Regulations (CFR), and adopting the Office of Management and Budget's

(OMB)guidance at Title 2 of the CFR. This regulatory action implements the OMB's initiative to streamline and consolidate into one title of the CFR all Federal regulations on nonprocurement debarment and suspension. These changes constitute an administrative simplification that would make no substantive change in DOL policy or procedures for nonprocurement debarment and suspension. DATES: This final rule is effective on April 29, 2016 without further action. Submit comments on or before May 31, 2016 on any unintended changes this action makes in DOL policies and procedures for debarment and suspension. If an adverse comment about unintended changes is received, DOL will publish a timely withdrawal of the rule in the **Federal Register** . ADDRESSES: Comments may be submitted in two ways. All email comments regarding this rule should be sent to Ms. Duyen Tran Ritchie at *Ritchie.duyen.t@dol.gov.* To ensure proper handling, please reference the RIN number in the subject line on your electronic correspondence. Alternatively, comments may be submitted electronically at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Duyen Tran Ritchie, Office of Chief Procurement Officer,

(202)693-7277 [Note: This is not a toll-free telephone number]; or by email at *Ritchie.duyen.t@dol.gov.* SUPPLEMENTARY INFORMATION: I. Background On November 26, 2003, at 68 FR 66534, DOL adopted the government-wide nonprocurement debarment and suspension common rule, which recast the nonprocurement debarment and suspension regulations in plain English and made other required updates. Thereafter, on May 11, 2004, at 69 FR 26276, OMB established Title 2 of the CFR as the new central location for OMB guidance and agency implementing regulations concerning grants and agreements. This approach benefits the public by making it easier for the affected public to identify an agency's additions and clarifications to the Government-wide policies and procedures. In that action, OMB announced its intention to replace the common rules with OMB guidance that agencies could adopt. OMB began that process by proposing on August 31, 2005, at 70 FR 51863, an interim final guidance on non-procurement debarment and suspension. That guidance requires each agency to issue a brief rule that:

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

(2)states any agency-specific additions or clarifications to the government-wide policies and procedures. The notice stated that the substantive content of the guidance was intended to conform with the substance of the Federal agencies' most recent update in 2003 to the common rule. The guidance was finalized on November 15, 2006, at 71 FR 66431. The proposed regulatory actions will bring the Department into compliance with OMB's 2006 guidance. II. The Current Regulatory Actions Pursuant to requirements in OMB's guidance, DOL is taking three actions. First, DOL is adding a new part to its existing Chapter XXIX under Title 2 of the CFR Subtitle B, which is a brief adoption of the OMB guidance and states DOL-specific additions and clarifications. Second, DOL is removing 29 CFR part 98, the part containing the common rule on nonprocurement debarment and suspension that the OMB guidance supersedes. Third, DOL is making technical corrections to provisions within 29 CFR 95 to replace references to the earlier common rule. III. Public Participation Taken together, these regulatory actions are solely an administrative simplification and are not intended to make any substantive change in policies or procedures. In soliciting comments on these actions, we therefore are not seeking to revisit substantive issues that were resolved during the development of the final common rule in 2003. We are inviting comments specifically on any unintended changes in substantive content that the new part in 2 CFR would make relative to the common rule at 29 CFR part 98. Please submit comments by only one method. Receipt of comments will not be acknowledged; however, the Department will post all comments received on *http://www.regulations.gov* without making any change to the comments, including any personal information provided. The *http://www.regulations.gov* Web site is the Federal e-rulemaking portal, and all comments posted there are available and accessible to the public. The Department cautions commenters not to include personal information, such as Social Security Numbers, personal addresses, telephone numbers and email addresses, in comments, as such submitted information will become viewable by the public via *http://www.regulations.gov.* It is the responsibility of the commenter to safeguard personal information. Comments submitted through *http://www.regulations.gov* will not include the commenter's email address unless the commenter chooses to include that information as a part of a comment. IV. Regulatory Review A. Administrative Procedure Act Under the Administrative Procedure Act (5 U.S.C. 553), agencies generally propose a regulation and offer interested parties the opportunity to comment before it becomes effective. However, as described in the “Background” section of this preamble, the policies and procedures in this regulation have been proposed for comment two times—one time by Federal agencies as a common rule in 2003 and a second time by OMB as guidance in 2006—and adopted each time after resolution of the comments received. This direct final rule is solely an administrative simplification that would make no substantive change in DOL's policy or procedures for debarment and suspension. We therefore believe that the rule is noncontroversial and do not expect to receive adverse comments, although we are inviting comments on any unintended substantive change this rule makes. Accordingly, we find that the solicitation of public comments on this direct final rule is unnecessary and that “good cause” exists under 5 U.S.C. 553(b)(B) and 553(d) to make this rule effective immediately without further action. However, we are affording the public an opportunity to comment, in the unlikely scenario where unintended consequences are identified. If an adverse comment is received, then the rule will be revoked so that such comments can be considered fully. B. Executive Order 12866 OMB has determined this rule to be not significant for purposes of E.O. 12866. C. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) This proposed regulatory action will not have a significant adverse impact on a substantial number of small entities. D. Unfunded Mandates Act of 1995 (Sec. 202 Pub. L. 104-4) This proposed 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. E. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35) This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. F. Federalism (Executive Order 13132) This proposed 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. G. Impact on Indian Tribes (Executive Order 13175) This proposed regulatory action does not have tribal implications under Executive Order 13175 that would require a tribal summary impact statement. The proposed rule would not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. H. Interference With Protected Property Rights (Executive Order 12630) The proposed regulatory action is not subject to Executive Order 12630 because it does not involve implementation of a policy that has takings implications or that could impose limitations on private property use. List of Subjects 2 CFR Part 2998 Administrative practice and procedure, Debarment and suspension, Government procurement, Grant programs; Grants administration, Reporting and recordkeeping requirements. 29 CFR Part 95 Foreign governments, Grants and agreements with institutions of higher education, hospitals, and other non-profit organizations, and with commercial organizations, Organizations under the jurisdiction of foreign governments, and International organizations. 29 CFR Part 98 Governmentwide debarment and suspension (nonprocurement). Dated: April 22, 2016. T. Michael Kerr, Assistant Secretary for Administration and Management. Accordingly, for the reasons set forth in the preamble, and under the authority of 5 U.S.C. 301; E.O. 12549 (3 CFR, 1986 Comp. p.189); E.O. 12689 (3 CFR, 1989 Comp. p.235); sec 2455 Public Law 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note), the United States Department of Labor amends the Code of Federal Regulations, Title 2, Subtitle B, and Parts 95 and 98 of Subtitle B of Title 29, as follows: Title 2—Grants and Agreements CHAPTER XXIX—DEPARTMENT OF LABOR 1. Add part 2998 to chapter XXIX of subtitle B to read as follows: PART 2998—NONPROCUREMENT DEBARMENT AND SUSPENSION Sec. 2998.10 What does this part do? 2998.20 Does this part apply to me? 2998.30 What policies and procedures must I follow? Subpart A—General 2998.137 Who in the DOL may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 2998.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 2998.332 What requirements must I pass down to persons at lower tiers with whom I intend to do business? Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions 2998.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? Subparts E Through J—[Reserved] Authority: 5 U.S.C. 301; 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). § 2998.10 What does this part do? This part adopts the Office of Management and Budget

(OMB)guidance in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Department of Labor

(DOL)policies and procedures for non-procurement debarment and suspension. It thereby gives regulatory effect for DOL to the OMB guidance as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR 1986 Comp., p. 189); Executive Order 12689, “Debarment and Suspension” (3 CFR 1989 Comp., p. 235); and section 2455 of the Federal Acquisition Streamlining Act of 1994, 103 (31 U.S.C. 6101 note). § 2998.20 Does this part apply to me? This part and, through this part, pertinent portions of the OMB guidance in subparts A through I of 2 CFR part 180 (see table at 2 CFR 180.100(b)) apply to you if you are a—

(a)Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “non-procurement transaction” at 2 CFR 180.970);

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

(c)Department of Labor debarment or suspension official; or

(d)Department of Labor grants officer, agreements officer, or other official authorized to enter into any type of non-procurement transaction that is a covered transaction. § 2998.30 What policies and procedures must I follow?

(a)The Department of Labor's policies and procedures that you must follow are specified in:

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

(2)The supplement to each section of the OMB guidance that is found in this part under the same section number. (The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance ( *i.e.,* 2 CFR 180.220) as supplemented by section 220 in this part ( *i.e.,* Sec. 2998.220)).

(b)For any section of OMB guidance in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, the Department of Labor's policies and procedures are those in the OMB guidance. Subpart A—General § 9808.137 Who in DOL may grant an exception to let an excluded person participate in a covered transaction? Within the Department of Labor, the Secretary of Labor or designee 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. If any designated official grants an exception, the exception must be in writing and state the reason(s) for deviating from the government-wide policy in Executive Order 12549. Subpart B—Covered Transactions § 2998.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? 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 the Department of Labor under a covered non-procurement transaction. This extends the coverage of the Department of Labor non-procurement suspension and debarment requirements to all lower tiers of subcontracts under covered non-procurement transactions, as permitted under the OMB guidance at 2 CFR 180.220(c) (see optional lower tier coverage in the figure in the appendix to 2 CFR part 180). Subpart C—Responsibilities of Participants Regarding Transactions § 2998.332 What requirements must I pass down to persons at lower tiers with whom I intend to do business? You, as a participant, must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart. Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions § 2998.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, you must include a term or condition in the transaction that requires the participant's compliance with Subpart C of 2 CFR part 180, and supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions. Subparts E Through J—[Reserved] Title 29—Labor PART 95—[AMENDED] 2. The authority citation for part 95 continues to read as follows: Authority: 5 U.S.C. 301; OMB Circular A-110, as amended, as codified at 2 CFR part 215. § 95.2 [Amended] 3. Section 95.2 is amended in paragraph

(mm)by revising the first citation “29 CFR part 98” to read “2 CFR part 2998” and revising the second citation “29 CFR part 98, subpart D” to read “29 CFR part 98”. § 95.13 [Amended] 4. Section 95.13 is amended by revising the citation “29 CFR part 98” to read “2 CFR part 2998”. § 95.44 [Amended] 5. Section 95.44 is amended in paragraph

(d)by revising the citation “29 CFR part 98” to read “2 CFR part 2998”. § 95.62 [Amended] 6. Section 95.62 is amended in paragraph

(d)by revising the citation “29 CFR part 98” to read “2 CFR part 2998”. Appendix A to Part 95 [Amended] 7. Appendix A to part 95 is amended in paragraph 7 by revising the citation “29 CFR part 98” to read “2 CFR part 2998”. PART 98—[REMOVED] 8. Remove part 98. [FR Doc. 2016-10015 Filed 4-28-16; 8:45 am]

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