Unknown. Final rule

6,536 words·~30 min read·/register/2016/09/26/2016-23102·

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-2016-09-26.xml --- 81 186 Monday, September 26, 2016 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66024-66026 2016-23094 Agriculture Agriculture Department See Food and Nutrition Service See Forest Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for an Amended Federal Firearms License, 66078-66079 2016-23006 Army Army Department RULES Army National Military Cemeteries, 65875-65888 2016-23087 NOTICES Exclusive Patent Licenses: GoXtudio, Inc.; Tempe, AZ, 66000 2016-23084 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66026-66031 2016-23072 2016-23073 2016-23074 Charter Renewals:

Breast and Cervical Cancer Early Detection and Control Advisory Committee, 66029 2016-23057 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 66029 2016-23054 Meetings: Advisory Committee on Immunization Practices, 66029-66030 2016-23053 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 66029-66030 2016-23055 2016-23056 Requests for Nominations: Advisory Council for the Elimination of Tuberculosis, 66026 2016-23052 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66031-66033 2016-23157 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Child Welfare Capacity Building Collaborative: Part Two, 66034-66035 2016-23058 Coast Guard Coast Guard RULES Drawbridge Operations: Rancocas Creek, Burlington, NJ, 65888 2016-23090 Sacramento River, Sacramento, CA, 65888 2016-23211 Safety Zones: Arkansas River, Little Rock, AR, 65889-65891 2016-23122 NOTICES Meetings:

National Boating Safety Advisory Council, 66049-66050 2016-23110 Commerce Commerce Department See National Oceanic and Atmospheric Administration Defense Department Defense Department See Army Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Termination Settlement Proposal Forms, 66023-66024 2016-23123 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Applications: Catalent CTS, LLC, 66081-66082 2016-23017 Cerilliant Corporation, 66079-66081 2016-23019 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: IES Research Training Program Surveys, 66004 2016-23051 Ronald E. McNair Postbaccalaureate Achievement Program Annual Performance Report, 66003-66004 2016-23089 Employment and Training Employment and Training Administration NOTICES Worker Adjustment Assistance Eligibility; Amended Certifications: Carter Fuel Systems, et al.; Logansport, IN, 66090 2016-23029 Convergys Corp., Jacksonville, TX, 66089-66090 2016-23030 General Electric Co., GE Transportation Division, et al.;

Grove City, PA, 66085 2016-23026 International Business Machines, Global Technology Services division, et al., 66083 2016-23028 Verso Corp., 66088-66089 2016-23032 Worker Adjustment Assistance Eligibility; Determinations, 66085-66088 2016-23031 Worker Adjustment Assistance Eligibility; Investigations, 66084-66085 2016-23033 Worker Adjustment Assistance Eligibility; Reconsiderations: Essar Global Fund Ltd., et al., Hibbing, MN, 66090 2016-23027 Halliburton Energy Services, Duncan, OK, 66083 2016-23025 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Applications to Export Electric Energy:

BioUrja Power, LLC, 66005 2016-23200 Meetings: Environmental Management Site-Specific Advisory Board, Paducah, 66004-66005 2016-23098 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66005-66006 2016-23101 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Georgia; Prong 4-2008 Ozone, 2010 NO2, SO2, and 2012 PM2.5, 65899-65901 2016-22887 Missouri State Implementation Plan for the 2008 Lead Standard, 65897-65899 2016-22981 Chemical Data Reporting; 2016 Submission Period Extension, 65924-65926 2016-22974 Pesticide Tolerances:

Fluopicolide, 65917-65924 2016-23184 Treatment of Indian Tribes in a Similar Manner as States for Purposes of Sections of the Clean Water Act, 65901-65917 2016-22882 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66012-66017 2016-23146 2016-23148 2016-23151 Environmental Impact Statements; Availability, etc.: Weekly Summary, 66013 2016-22990 Permit Approvals: Navajo Generating Station, 66013-66014 2016-23170 Receipt of Information under the Toxic Substances Control Act, 66016 2016-23172 Requests for Nominations:

Clean Air Act Advisory Committee, 66015-66016 2016-23165 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 65860-65864 2016-22460 The Boeing Co. Airplanes, 65857-65860, 65864-65874 2016-21602 2016-22187 2016-22188 Repair Stations, 65874-65875 2016-23121 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 65980-65983 2016-21703 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: ATC Authorizations in Controlled Airspace under Part 107, 66119 2016-23118 Mitsubishi MU-2B Series Airplane Special Training, Experience, and Operating Procedures, 66119-66120 2016-23117 Federal Communications Federal Communications Commission RULES Assessment and Collection of Regulatory Fees for Fiscal Year 2016, 65926-65948 2016-22216 Relay Services for Deaf-Blind Individuals:

Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, 65948-65979 2016-22713 PROPOSED RULES Narrowband Operations in the 769-775/799-805 MHz Bands, 65984-65987 2016-22978 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66017-66020 2016-23034 Requests for Nominations: Disability Advisory Committee, 66020-66021 2016-23049 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receivership: 10370 First Commercial Bank of Tampa Bay, Tampa, FL, 66021-66022 2016-23061 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: FEMA Preparedness Grants: Homeland Security Grant Program, 66051-66052 2016-23191 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 66007-66012 2016-23020 2016-23021 2016-23022 2016-23158 2016-23159 2016-23160 2016-23162 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: 4C Aquisition, LLC, 66006-66007 2016-23024 Summit Farms Solar, LLC, 66006 2016-23023 Records Governing Off-the-Record Communications, 66009-66010 2016-23161 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 66022 2016-23077 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66022-66023 2016-23065 Food and Drug Food and Drug Administration NOTICES List of Biomarkers Used as Outcomes in Development of FDA-Approved New Molecular Entities and New Biological Therapeutics October 2007 to December 2015; Correction, 66039-66040 2016-23106 Meetings:

Generic Drug User Fees, 66035-66039 2016-23111 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65995 2016-23060 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 66120-66121 2016-23068 2016-23069 2016-23070 Forest Forest Service RULES Sale and Disposal of National Forest System Timber: Forest Products for Traditional and Cultural Purposes, 65891-65897 2016-22929 NOTICES Environmental Impact Statements;

Availability, etc.: Warm Spring Habitat Enhancement, Helena-Lewis and Clark National Forest, Jefferson County, MT; Withdrawal, 65997 2016-22702 Meetings: Deschutes Provincial Advisory Committee, 65996-65997 2016-23083 Requests for Nominations: Forest Resource Coordinating Committee, 65995-65996 2016-23219 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Termination Settlement Proposal Forms, 66023-66024 2016-23123 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Non-Competitive Awards:

National Center for Medical Home Implementation Cooperative Agreement Zika Response, 66040-66041 2016-23096 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES Meetings: Critical Infrastructure Partnership Advisory Council, 66052-66053 2016-23015 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals Family Report, Moving to Work Family Report, 66070-66071 2016-23000 Veterans Home Rehabilitation Program, 66071-66072 2016-23173 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Electronic Line of Credit Control System System Access, 66069-66070 2016-23176 Family Options Study—Long-Term Tracking, 66076-66077 2016-23018 FHA-Insured Mortgage Loan Servicing of Payments, Prepayments, Terminations, Assumptions and Transfers, 66072-66073 2016-23001 Financial Statement of Corporate Application for Cooperative Housing Mortgage, 66073 2016-22999 Recordkeeping for HUD's Continuum of Care Program, 66073-66075 2016-23004 Memorandum of Understanding:

Compliance with the National Environmental Policy Act and Related Laws and Authorities, 66075-66076 2016-23014 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Extension of Tribal-State Class III Gaming Compact; Rosebud Sioux Tribe and the State of South Dakota, 66077 2016-23214 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See Reclamation Bureau RULES Nonprocurement Suspension and Debarment Regulations, 65853-65857 2016-23102 Internal Revenue Internal Revenue Service PROPOSED RULES Reporting for Qualified Tuition and Related Expenses;

Education Tax Credits; Correction, 65983-65984 2016-22938 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66121-66136 2016-23125 2016-23126 2016-23128 2016-23130 2016-23131 2016-23132 2016-23133 2016-23137 2016-23145 2016-23147 2016-23150 2016-23152 2016-23154 2016-23156 2016-23164 2016-23166 2016-23168 2016-23169 2016-23175 2016-23182 2016-23187 2016-23188 Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application for Extension of Time to File an Exempt Organization Return, 66127-66128 2016-23129 Comment Request for Form 8734, 66131-66132 2016-23192 Revenue Procedure 2012-25, 66124 2016-23179 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cargo Theft Incident Report, 66082-66083 2016-23007 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Demonstration and Evaluation of Community College Interventions for Youth and Young Adults with Disabilities, 66091-66092 2016-23062 Domestic Agricultural In-Season Wage Report, 66091 2016-23063 Land Land Management Bureau NOTICES Meetings: Tri-State Fuel Break Project Joint Subcommittee of the Boise District and Southeast Oregon Resource Advisory Councils, 66077 2016-23079 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Termination Settlement Proposal Forms, 66023-66024 2016-23123 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 66043-66044, 66046-66047 2016-23036 2016-23135 National Center for Advancing Translational Sciences, 66042 2016-23037 National Heart, Lung, and Blood Advisory Council, 66041-66042 2016-23038 National Human Genome Research Institute, 66042, 66045-66046 2016-23136 2016-23138 National Institute of Allergy and Infectious Diseases, 66041, 66045 2016-23139 2016-23140 2016-23141 2016-23142 National Institute of Child Health and Human Development, 66045 2016-23039 National Institute of Diabetes and Digestive and Kidney Diseases, 66042-66043, 66045 2016-23040 2016-23041 National Institute of Mental Health, 66043 2016-23042 National Institute of Neurological Disorders and Stroke, 66048-66049 2016-23143 Proposed Start-up Exclusive Evaluation Patent License:

Development of Autologous Tumor-reactive T Cells Isolated from Peripheral Blood for the Treatment of Metastatic Follicular Thyroid Cancer and Metastatic Soft Tissue Sarcomas, 66048 2016-23048 Prospective Grants of Exclusive Licenses: Development of Adeno-Associated Virus-Based Vectors for the Treatment of Menkes Disease and Related Copper Transport Disorders, 66047-66048 2016-23134 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Atlantic Highly Migratory Species:

Individual Bluefin Quota Program; Inseason Transfers, 65988-65994 2016-22902 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 65998-65999 2016-23067 New England Fishery Management Council, 65997, 66000 2016-23075 2016-23127 Permits: Marine Mammals; File No. 18529, 65998 2016-23099 Takes of Marine Mammals Incidental to Specified Activities: U.S. Navy Training and Testing Activities in the Mariana Islands Training and Testing Study Area and the Atlantic Fleet Training and Testing Study Area, 65999-66000 2016-22997 Navy Navy Department NOTICES Government-Owned Inventions;

Availability for Licensing, 66001-66003 2016-23086 Meetings: Board of Advisors to the Presidents of the Naval Postgraduate School and the Naval War College, 66001 2016-23095 Board of Visitors of the Marine Corps University, 66000-66001 2016-23012 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 66092 2016-23321 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 66093 2016-23264 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Product, 66093-66094 2016-23105 Postal Service Postal Service NOTICES Meetings;

Sunshine Act, 66094 2016-23251 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66094-66095 2016-23011 Reclamation Reclamation Bureau NOTICES Meetings: Colorado River Basin Salinity Control Advisory Council, 66077-66078 2016-23080 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 66095, 66111 2016-23325 2016-23326 Orders Granting Limited Exemptions from Exchange Act Rules:

Amplify YieldShares Prime 5 Dividend ETF, 66109-66111 2016-23043 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 66105-66109 2016-23044 NASDAQ Stock Market, LLC, 66113-66114 2016-23045 New York Stock Exchange LLC, 66095-66105 2016-23046 NYSE Arca, Inc. and NYSE MKT LLC, 66111-66113 2016-23047 Social Social Security Administration RULES Medical Criteria for Evaluating Mental Disorders, 66138-66178 2016-22908 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

Martin Luther—Art and the Reformation, 66118 2016-23278 Time and Cosmos in Greco-Roman Antiquity, 66118 2016-23279 Foreign Terrorist Organization Designations: al-Aqsa Martyrs' Brigade (and other aliases), 66118-66119 2016-23180 Request for Proposals for the Design, Development, Installation, Operation, and Final Disposition of a U.S. Pavilion; Astana Expo 2017, 66114-66118 2016-23115 Specially Designated Global Terrorists: Jund al-Aqsa, aka JAA, aka Jund Al-Aqsa, aka The Soldiers of Aqsa, aka Soldiers of al-Aqsa, aka Sarayat al-Quds, 66118 2016-23177 Surface Transportation Surface Transportation Board PROPOSED RULES Class I Railroad Accounting and Financial Reporting:

Transportation of Hazardous Materials; Withdrawal, 65987-65988 2016-23144 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Immigrant Petition by Alien Entrepreneur, 66053 2016-23064 Temporary Protected Status;

Extensions and Redesignations: Guinea, 66064-66069 2016-23244 Liberia, 66059-66064 2016-23250 Sierra Leone, 66054-66059 2016-23249 Customs U.S. Customs and Border Protection NOTICES Meetings: User Fee Advisory Committee, 66050-66051 2016-23163 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Customer Satisfaction Surveys, 66136 2016-23109 Separate Parts In This Issue Part II Social Security Administration, 66138-66178 2016-22908 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 186 Monday, September 26, 2016 Rules and Regulations DEPARTMENT OF THE INTERIOR Office of the Secretary 2 CFR Part 1400 [Docket No. DOI-2015-0007; 167D0102DM / DS62400000 / DLSN00000.000000 / DX62401] RIN 1090-AB12 Revision to Nonprocurement Suspension and Debarment Regulations AGENCY:

Office of the Secretary, Interior. ACTION: Final rule. SUMMARY: This rule revises the U.S. Department of the Interior

(DOI)nonprocurement suspension and debarment regulations in order to enhance transparency of the existing process and to clarify the Department's procedures for resolving nonprocurement suspension and debarment actions. DATES: This final rule is effective September 26, 2016. FOR FURTHER INFORMATION CONTACT: David M. Sims, Debarment Program Director, Office of Acquisition and Property Management, Office of the Secretary, telephone

(202)513-0689; fax

(202)513-7645; or email *david_sims@ios.doi.gov.* SUPPLEMENTARY INFORMATION: I. Background A. Regulatory Framework On August 31, 2005, the Office of Management and Budget

(OMB)issued Guidance for Government-wide suspension and debarment (nonprocurement), codified in part 180 of title 2 of the Code of Federal Regulations (70 FR 51862, August 31, 2005). The OMB Guidance required each agency to issue a brief rule that:

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

(2)stated any agency-specific additions, clarifications, and exceptions to the Government-wide policies and procedures contained in the guidance. On June 18, 2007, DOI issued its regulation implementing the OMB Guidelines at 2 CFR part 1400 (72 FR 33383). Today's rule updates the DOI nonprocurement suspension and debarment regulation at Part 1400. B. Purpose The original DOI implementing rule does not specify which DOI organizational component or official will conduct fact-finding proceedings for nonprocurement actions. This amended rule explains that the DOI Debarment Program Director is the official who ordinarily conducts fact-finding proceedings, while permitting the Suspending and Debarring Official to refer the case to another component or office for a fact-finding proceeding. This rule does not change the circumstances under which fact-finding proceedings are available to respondents, nor the criteria and standards that apply in fact-finding proceedings. In addition, this rule clarifies that the nonprocurement suspension and debarment case procedures used by DOI are identical to those DOI uses for the procurement suspension and debarment actions pursuant to the Federal Acquisition Regulation at 48 CFR subpart 9.4. Specifically, this rule sets forth the nonprocurement suspension and debarment action practices and procedures used to find facts in actions where the Suspending and Debarring Official determines that there is a genuine dispute over facts material to the proposed debarment. This rule addresses how persons suspended or proposed for debarment may seek to resolve an action. This rule promotes transparency of DOI internal procedures for resolving suspension and debarment actions. C. Exemption From Notice and Comment Requirements The Administrative Procedure Act

(APA)requires agencies to publish a notice of proposed rulemaking in the **Federal Register** and provide a period for public comment before issuing a final rule. 5 U.S.C. 553(b). The APA, however, exempts from the requirement of notice and comment “[r]ules of agency organization, procedure, or practice.” 5 U.S.C. 553(b)(A). This amended rule clarifies suspension and debarment findings; it does not alter the rights or interests of respondents in such proceedings. This rule also identifies existing suspension and debarment program roles and processes. Finally, this rule adds language that recognizes prior changes to, or adoption of, online Federal databases used to support award eligibility decisions. Accordingly, this rule is a rule of agency procedure, exempt from the notice and comment requirements of the APA. D. Waiver of 30-Day Delay in Effective Date The APA also generally requires a 30-day delay in the effective date of final rules after the date of their publication in the **Federal Register** . 5 U.S.C. 553(d). The 30-day delay may be waived if the agency determines there is good cause to do so because the 30-day delay is impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(d)(3). There is good cause to waive the 30-day delay in the effective date of this rule, because the delay is unnecessary and contrary to the public interest. As noted above, this rule is procedural and informational, and does not affect the rights or interests of respondents in nonprocurement suspension and debarment actions for which fact-finding proceedings are available. Moreover, this rule clarifies that the procedures to resolve nonprocurement suspension and debarment actions are the same as the procedures DOI uses to resolve procurement suspension and debarment actions. In so doing, this rule will eliminate potential confusion. Thus, delaying its effective date for 30 days is unnecessary and contrary to the public interest. II. Required Determinations A. Regulatory Planning and Review (E.O. 12866 and 13563) Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs in the Office of Management and Budget

(OMB)will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant. E.O. 13563 reaffirms the principles of E.O. 12866, calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. E.O. 13563 directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public, where these approaches are relevant, feasible, and consistent with regulatory objectives. B. Regulatory Flexibility Act Under the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5 U.S.C. 601 *et seq.* ), whenever a Federal agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities ( *i.e.,* small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Thus, for a regulatory flexibility analysis to be required, impacts must exceed a threshold for “significant impact” and a threshold for a “substantial number of small entities.” See 5 U.S.C. 605(b). SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities. This rule will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601, *et seq.* ). This clarification explains that the DOI applies the same procedures and fact-finding process for its nonprocurement and procurement suspension and debarment actions. This rule is merely a clarification of existing process. It makes no substantive change to the 2007 DOI rule, nor does it impose any new requirements on entities subject to a notice of suspension or proposed debarment. C. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)). This rule: 1. Does not have an annual effect on the economy of $100 million or more. This rule identifies program roles and clarifies that the DOI fact-finding process for nonprocurement suspension and debarment actions is the same as DOI's fact-finding process for procurement suspension and debarment actions. This rule is a technical clarification that does not alter existing procedures for resolving nonprocurement suspension and debarment actions. 2. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. As explained above, this rule is a technical rule issued to clarify that DOI's procedures for resolving nonprocurement suspension and debarment actions are identical to DOI's current procedures. This rule impacts only those persons suspended or proposed for debarment. 3. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This rule clarifies DOI's internal practices and procedures which furthers transparency. D. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. This rule does not have a significant or unique effect on State, local, or tribal governments, or the private sector. This rule does not impose requirements on State, local, or tribal governments. This rule clarifies that the DOI fact-finding process for nonprocurement suspension and debarment actions is the same as DOI's fact-finding process for procurement suspension and debarment actions. This rule impacts only those persons suspended or proposed for debarment. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531, *et seq.* ) is not required. E. Takings (E.O. 12630) Under the criteria in section 2 of E.O. 12630, this rule does not have significant takings implications. This rule is a technical rule revision that clarifies that the DOI fact-finding process for nonprocurement suspension and debarment actions is the same as DOI's fact-finding process for procurement suspension and debarment actions. This rule impacts only those persons suspended or proposed for debarment. This rule promotes process transparency of DOI internal suspension and debarment action resolution procedures. A takings implication assessment is not required. F. Federalism (E.O. 13132) Under the criteria in section 1 of E.O. 13132, this rule does not have sufficient Federalism implications to warrant the preparation of a Federalism summary impact statement. This rule is a technical rule revision that clarifies that the DOI fact-finding process for nonprocurement suspension and debarment actions is the same as DOI's fact-finding process for procurement suspension and debarment actions. This rule impacts only those persons suspended or proposed for debarment. A Federalism summary impact statement is not required. G. Civil Justice Reform (E.O. 12988) This rule complies with the requirements of E.O. 12988. Specifically, this rule: 1. Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and 2. Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. H. Consultation With Indian Tribes (E.O. 13175) Under the criteria in E.O. 13175, we have evaluated this rule and determined that it has no substantial direct effect on federally recognized Indian tribes. This rule is a technical rule revision that clarifies that the DOI fact-finding process for nonprocurement suspension and debarment actions is the same as DOI's fact-finding process for procurement suspension and debarment actions. This rule impacts only those persons suspended or proposed for debarment. I. Paperwork Reduction Act This rule does not contain information collection requirements, and a submission under the Paperwork Reduction Act (44 U.S.C. 3501, *et seq.* ) is not required. J. National Environmental Policy Act This rule does not constitute a major Federal action significantly affecting the quality of the human environment under the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 *et seq.* ). This rule is categorically excluded from the requirement to prepare a detailed statement, because it qualifies as a regulation of an administrative nature within the meaning of 43 CFR 46.210(i). K. Effects on the Energy Supply (E.O. 13211) This rule is not a significant energy action under the definition in E.O. 13211. A Statement of Energy Effects is not required. L. Clarity of This Regulation We are required by section 1(b)(12) of E.O. 12866 and section 3(b)(1)(B) of E.O. 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: 1. Be logically organized; 2. Use the active voice to address readers directly; 3. Use common, everyday words and clear language rather than jargon; 4. Be divided into short sections and sentences; and 5. Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the FOR FURTHER INFORMATION CONTACT section. To better help us revise this rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you find unclear, which sections or sentences are too long, and the sections where you feel lists or tables would be useful. List of Subjects in 2 CFR Part 1400 Administrative practice and procedure, Debarment, Grant programs, Government contracts, Reporting and recordkeeping requirements, Suspension. For the reasons set out in the preamble, we are amending part 1400, chapter XIV of subtitle B, title 2 of the Code of Federal Regulations as set forth below: PART 1400—NONPROCUREMENT SUSPENSION AND DEBARMENT 1. The authority citation for part 1400 is revised to read as follows: Authority: Section 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); 5 U.S.C. 301; E.O. 12549 (3 CFR, 1986 Comp., p. 189); and E.O. 12689 (3 CFR, 1989 Comp., p. 235). 2. Revise § 1400.10 to read as follows: § 1400.10 What does this part do? This part provides procedures for the Department of the Interior nonprocurement suspension and debarment actions. 3. Add subparts E, F, G, and H to read as follows: Subpart E—System for Award Management Exclusions Sec. 1400.526 Who at DOI places exclusions information into SAM? Subpart F—General Principles Relating to Suspension and Debarment Actions 1400.600 How does a DOI debarment or suspension action begin? 1400.635 May DOI settle a debarment or suspension action? Subpart G—Suspension 1400.751 What does the Suspending and Debarring Official consider in making a decision on whether to continue a suspension following notice issuance? 1400.752 When does a contested suspension action include a fact-finding proceeding? 1400.753 How is the fact-finding proceeding conducted? 1400.756 May a respondent request administrative review of the Suspending and Debarring Official's decision? Subpart H—Debarment 1400.861 What procedures does the Suspending and Debarring Official follow to make a decision on whether to impose debarment following notice issuance? 1400.862 When does a contested debarment action include a fact-finding proceeding? 1400.863 How is the fact-finding proceeding conducted? 1400.876 May a respondent request administrative reconsideration of a decision? 1400.881 May a respondent seek award eligibility reinstatement at any time before the end of the period of debarment? Subpart E—System for Award Management Exclusions § 1400.526 Who at DOI Places Exclusions Information into SAM? The Office of Acquisition and Property Management

(PAM)Debarment Program personnel enter information about persons suspended or debarred by DOI into the GSA Web-based System for Award Management

(SAM)within 3 working days of the effective date of the action. Subpart F—General Principles Relating to Suspension and Debarment Actions § 1400.600 How does a DOI suspension or debarment action begin?

(a)Federal officials, DOI award officials, employees, or other sources will forward information indicating the potential existence of a cause for suspension or debarment, as listed in 2 CFR 180.700 and 180.800, to:

(1)The DOI Office of Inspector General Administrative Remedies Division (OIG ARD); or

(2)The Suspending and Debarring Official.

(b)If forwarded to the OIG ARD, that office will conduct a review to determine if a recommendation for administrative action is warranted. If warranted, the OIG ARD will prepare and submit to the Suspending and Debarring Official an Action Referral Memorandum

(ARM)with supporting documentation for the administrative record.

(c)OIG ARD will also identify potential matters for case development and conduct a review to determine if a recommendation for administrative action is warranted. If warranted, the OIG ARD will prepare and submit to the Suspending and Debarring Official an ARM with supporting documentation for the administrative record.

(d)The Suspending and Debarring Official will review the ARM to determine the adequacy of evidence to support and initiate:

(1)A suspension by taking the actions listed in 2 CFR 180.615 and 180.715; or

(2)A debarment by taking the actions listed in 2 CFR 180.615 and 2 CFR 180.805; and

(3)Notification of the respondent on how the respondent may contest the action. § 1400.635 May DOI settle a debarment or suspension action? Under 2 CFR 180.635, the Suspending and Debarring Official may resolve a suspension or debarment action through an administrative agreement if it is in the best interest of the Government at any stage of proceedings, where the respondent agrees to appropriate terms. The specific effect of administrative agreements that incorporate terms regarding award eligibility will vary with the terms of the agreements. Where the Suspending and Debarring Official enters into an administrative agreement, PAM will notify the award officials by:

(a)Entering any appropriate information regarding an exclusion or the termination of an exclusion into the SAM; and

(b)Entering the agreement into the Federal Awardee Performance Integrity Information System (FAPIIS) or its successor system. Subpart G—Suspension § 1400.751 What does the Suspending and Debarring Official consider in making a decision on whether to continue a suspension following notice issuance?

(a)In the event a respondent does not contest the suspension in writing within the time period provided at 2 CFR 180.715 through 180.725, the suspension will remain in place without further proceedings.

(b)Where a suspension is contested, the Suspending and Debarring Official follows the provisions at 2 CFR 180.730 through 180.755 in reaching a decision on whether to continue or terminate the suspension.

(c)The contested suspension proceeding will include an oral Presentation of Matters in Opposition (PMIO), where one is requested by a respondent. The PMIO is conducted in an informal business meeting format and electronically recorded for inclusion in the administrative record.

(d)Where fact-finding occurs as part of the suspension proceeding, after receiving the findings of fact and the hearing record from the fact-finding official, the Suspending and Debarring Official completes suspension proceedings, including a PMIO if one has been requested and did not occur before the fact-finding proceeding. Following completion of suspension proceedings, the Suspending and Debarring Official issues a written decision under the provisions of 2 CFR 180.750 and 180.755. § 1400.752 When does a contested suspension action include a fact-finding proceeding?

(a)Fact-finding to resolve genuine disputes over facts material to the suspension occurs where the conditions listed in 2 CFR 180.735(b) are satisfied.

(b)The fact-finding official for DOI suspension proceedings is the DOI Debarment Program Director, unless the Suspending and Debarring Official designates another DOI official to serve as the fact-finding official. § 1400.753 How is the fact-finding proceeding conducted?

(a)The fact-finding proceeding is conducted in accordance with PAM's suspension and debarment program fact-finding procedures, a copy of which is provided to the respondent.

(b)The fact-finding proceeding is undertaken in accordance with 2 CFR 180.745.

(1)The reporters' fees and other direct costs associated with the fact-finding proceeding are borne by the bureau(s) or office(s) initiating the suspension action, except in the case of actions initiated by the OIG ARD.

(2)For actions initiated by the OIG ARD, the costs are borne by bureau(s) and/or office(s) out of which the matter arose.

(3)A transcribed record transcript of the fact-finding proceedings is available to the respondent as provided at 2 CFR 180.745(b).

(c)The fact-finding official provides findings of fact and the hearing record to the Suspending and Debarring Official. The fact-finding official files the original copy of the transcribed record of the fact-finding proceedings transcript with the administrative record. § 1400.756 May a respondent request administrative review of the Suspending and Debarring Official's decision? A respondent may seek administrative reconsideration of the Suspending and Debarring Official's decision by following the procedures in this section.

(a)Within 30 days of receiving the decision, the respondent may ask the Suspending and Debarring Official to reconsider the decision for clear and material errors of fact or law that would change the outcome of the matter. The respondent bears the burden of demonstrating the existence of the asserted clear and material errors of fact or law.

(b)A respondent's request for reconsideration must be submitted in writing to the Suspending and Debarring Official and include:

(1)The specific findings of fact and conclusions of law believed to be in error; and

(2)The reasons or legal basis for the respondent's position.

(c)The Suspending and Debarring Official may, in the exercise of discretion, stay the suspension pending reconsideration. The Suspending and Debarring Official will:

(1)Notify the respondent in writing of the decision on whether to reconsider the decision; and

(2)If reconsideration occurs, notify the respondent in writing of the results of the reconsideration. Subpart H—Debarment § 1400.861 What procedures does the Suspending and Debarring Official follow to make a decision on whether to impose debarment following notice issuance?

(a)In the event a respondent does not contest the proposed debarment in writing within the time period provided at 2 CFR 180.815 through 180.825, the debarment as proposed in the notice will be imposed without further proceedings.

(b)Where a proposed debarment is contested, the Suspending and Debarring Official will follow the provisions at 2 CFR 180.830 through 180.870 in reaching a decision on whether to impose a period of debarment.

(c)The administrative record will include an oral PMIO, in those actions where the respondent requests one. The PMIO is conducted in an informal business meeting format and electronically recorded for the record.

(d)Where fact-finding occurs as part of the proposed debarment proceeding, after receiving the findings of fact and the hearing record from the fact-finding official, the Suspending and Debarring Official completes debarment proceedings, including a PMIO if one has been requested and did not occur before the fact-finding proceeding. Following completion of proposed debarment proceedings, the Suspending and Debarring Official issues a written decision under the provisions of 2 CFR 180.870. § 1400.862 When does a contested proposed debarment action include a fact-finding proceeding? Fact-finding to resolve genuine disputes over facts material to the proposed debarment occurs where the conditions at 2 CFR 180.830(b) are satisfied. § 1400.863 How is the fact-finding proceeding conducted?

(a)The fact-finding proceeding is conducted in accordance with PAM's suspension and debarment program fact-finding procedures, a copy of which is provided to the respondent.

(b)The fact-finding official for DOI debarment proceedings is the DOI Debarment Program Director, unless the Suspending and Debarring Official designates another DOI official to serve as the fact-finding official.

(c)The fact-finding proceeding is undertaken in accordance with 2 CFR 180.840.

(1)The reporters' fees and other direct costs associated with the fact-finding proceeding are borne by the bureau(s) or office(s) initiating the debarment action, except in the case of actions initiated by the OIG.

(2)For actions initiated by the OIG, the costs are borne by the bureau(s) and/or office(s) out of which the matter arose.

(3)A transcribed record of the fact-finding proceedings is available to the respondent as provided at 2 CFR 180.840(b).

(d)The fact-finding official provides written findings of fact and the hearing record to the Suspending and Debarring Official. The fact-finding official files the original copy of the transcribed record of the fact-finding proceedings with the administrative record. § 1400.876 May a respondent request administrative reconsideration of a decision? A respondent may request the Suspending and Debarring Official to review a decision under this part as follows:

(a)Within 30 days of receiving the decision, the respondent may ask the Suspending and Debarring Official to reconsider the decision based on clear and material error(s) of fact or conclusion(s) of law that would change the outcome of the matter. The respondent bears the burden of demonstrating the existence of the asserted clear and material error(s) of fact or conclusion(s) of law.

(b)The respondent's request for reconsideration must be submitted in writing to the Suspending and Debarring Official and include:

(1)The specific finding(s) of fact and conclusion(s) of law the respondent believes are in error; and

(2)The reasons or legal bases for the respondent's position.

(c)The Suspending and Debarring Official may in the exercise of discretion stay the debarment pending reconsideration. The Suspending and Debarring Official will review the request for reconsideration and:

(1)Notify the respondent in writing whether the Suspending and Debarring Official will reconsider the decision; and

(2)If reconsideration occurs, notify the respondent in writing of the results of the reconsideration. § 1400.881 May a respondent seek award eligibility reinstatement at any time before the end of the period of debarment? In addition to a petition for reconsideration based on a clear error of material fact or law, a respondent may, at any time following imposition of debarment, request the Suspending and Debarring Official to reduce or terminate the period of debarment based upon the factors under the provisions of 2 CFR 180.880. Subpart I—Definitions 4. Add §§ 1400.1011 through 1400.1014 to subpart I to read as follows: § 1400.1011 The DOI Debarment Program Director. The Debarment Program Director is the individual in PAM who advises the Suspending and Debarring Official on DOI suspension and debarment practices and procedures, manages the suspension and debarment process, and acts as the DOI suspension and debarment program fact-finding official. § 1400.1012 The OIG Administrative Remedies Division (ARD). The OIG ARD prepares and forwards suspension and/or debarment action referral memoranda to the Suspending and Debarring Official and may provide additional assistance, in the course of action proceedings. § 1400.1013 The administrative record. The administrative record for DOI suspension and debarment actions consists of the initiating action referral memorandum and its attached documents; the action notice; contested action scheduling correspondence; written information, arguments and supporting documents submitted by a respondent in opposition to the action notice; written information, arguments and supporting documents submitted by the OIG ARD in response to information provided by a respondent; the electronic recording of the PMIO, where a PMIO is held as part of the proceeding; where fact-finding is conducted, the transcribed record of the fact-finding proceedings, and findings of fact; and the final written determination by the Suspending and Debarring Official on the action; or, alternatively, the administrative agreement endorsed by the respondent and the Suspending and Debarring Official that resolves an action. § 1400.1014 Respondent. Respondent means a person who is the subject of a DOI suspension or proposed debarment action. Dated: September 16, 2016. Kristen J. Sarri, Principal Deputy Assistant Secretary—Policy, Management and Budget. [FR Doc. 2016-23102 Filed 9-23-16; 8:45 am]

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