Unknown. Final rule

5,465 words·~25 min read·/register/2019/10/04/2019-20865·

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-2019-10-04.xml --- 84 193 Friday, October 4, 2019 Contents Agricultural Marketing Agricultural Marketing Service RULES Tart Cherries Grown in the States of Michigan, et al.: Free and Restricted Percentages for the 2018-19 Crop Year and Revision of Grower Diversion Requirements for Tart Cherries, 53003-53008 2019-21360 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Tart Cherries, 53098-53099 2019-21568 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Federal Crop Insurance Corporation See Food and Nutrition Service RULES Nonprocurement Debarment and Suspension, 52993-52997 2019-20865 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application and Permit for Importation of Firearms, Ammunition, and Defense Articles, 53178 2019-21700 Identification of Explosive Materials, 53178-53179 2019-21699 Animal Animal and Plant Health Inspection Service NOTICES Determination of Regulatory Review Period for Purposes of Patent Extension: Porcine Circovirus Vaccine, Type 1-Type 2 Chimera, Killed Virus, Mycoplasma Hyopneumoniae Bacterin, 53099-53100 2019-21677 Centers Disease Centers for Disease Control and Prevention NOTICES Delegation of Authority, 53155 2019-21580 Meetings:

Mine Safety and Health Research Advisory Committee, 53155 2019-21581 Requests for Nominations: Interagency Committee on Smoking and Health, 53155-53156 2019-21582 Statement of Organization, Functions, and Delegations of Authority, 53152-53155 2019-21629 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53156-53157 2019-21687 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Building Capacity to Evaluate Child Welfare Community Collaborations to Strengthen and Preserve Families Cross-Site Process Evaluation, 53157-53158 2019-21574 Civil Rights Civil Rights Commission NOTICES Meetings: Arizona Advisory Committee, 53101 2019-21614 North Dakota Advisory Committee, 53101-53102 2019-21613 Rhode Island Advisory Committee, 53102-53103 2019-21615 Wyoming Advisory Committee, 53102 2019-21612 Coast Guard Coast Guard RULES Drawbridge Operations:

Atlantic Intracoastal Waterway, Fort Pierce, FL, 53054-53055 2019-21508 Special Local Regulation: Annual OPA World Championships, Gulf of Mexico; Englewood Beach, FL, 53053-53054 2019-21528 Commerce Commerce Department See Foreign-Trade Zones Board See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Estimates of the Voting Age Population for 2018, 53103 2019-21663 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 53123 2019-21657 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53227-53241 2019-21659 Defense Department Defense Department See Navy Department Employment and Training Employment and Training Administration RULES Federal-State Unemployment Compensation Program; Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants under the Middle Class Tax Relief and Job Creation Act of 2012, 53037-53052 2019-21227 Energy Department Energy Department See Federal Energy Regulatory Commission See National Nuclear Security Administration PROPOSED RULES Elemental Mercury Storage Fees, 53066-53070 2019-21536 NOTICES Charter Renewal:

DOE/NSF Nuclear Science Advisory Committee, 53132-53133 2019-21661 Interim Report Implementing Updates to the Department of Energys Information Quality Act Guidelines, 53124-53132 2019-21662 Meetings: Environmental Management Site-Specific Advisory Board, Idaho Cleanup Project, 53124 2019-21670 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Montana; Regional Haze 5-Year Progress Report State Implementation Plan, 53057-53061 2019-21266 Wisconsin;

Infrastructure State Implementation Plan Requirements for the 2012 PM <sup>2.5</sup> National Ambient Air Quality Standard; Interstate Transport, 53061-53064 2019-21354 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipt, 53143 2019-21655 Proposed Administrative Settlement Agreement: Removal Site Evaluation and Removal Action for the Offsite Operable Unit of the Triple Site, Sunnyvale, CA, 53143-53144 2019-21688 Proposed CERCLA Administrative Settlement Agreement:

Southern Avenue Industrial Area Superfund Site, South Gate, CA, 53142-53143 2019-21689 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Organic Certification Cost Share Program, 53100-53101 2019-21573 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Sikorsky Aircraft Corporation Helicopters, 53008-53011 2019-21564 PROPOSED RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 53070-53073 2019-21352 Fokker Services B.V.

Airplanes, 53073-53076 2019-21353 International Aero Engines Turbofan Engines, 53082-53084 2019-21618 Viking Air Limited (Type Certificate Previously Held by Bombardier, Inc.; Canadair Limited) Airplanes, 53076-53081 2019-21384 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53144-53148 2019-21569 2019-21572 Federal Advisory Committee Establishment: Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States, 53144-53145 2019-21577 Federal Crop Federal Crop Insurance Corporation RULES Nonprocurement Debarment and Suspension, 52993-52997 2019-20865 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53227-53241 2019-21659 Meetings: Advisory Committee on Economic Inclusion, 53148-53149 2019-21641 Termination of Receiverships, 53149 2019-21642 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Qualifying Facility Rates and Requirements, 53246-53275 2019-20803 NOTICES Application: Flambeau Hydro, LLC, 53137-53138 2019-21675 Great Falls Hydroelectric Co., City of Paterson, New Jersey, 53135-53136 2019-21676 Premium Energy Holdings, LLC, 53134-53135, 53140-53141 2019-21637 2019-21638 Turners Falls Hydro, LLC, 53139-53140 2019-21674 Combined Filings, 53141-53142 2019-21633 Environmental Assessments;

Availability, etc.: Texas Eastern Transmission Company, L.P.; Proposed Bernville Compressor Units Replacement Project, 53138-53139 2019-21673 Environmental Review: Double E Pipeline, LLC; Double E Project, 53140 2019-21634 Filing: PJM Interconnection, LLC, 53136-53137 2019-21635 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53227-53241 2019-21659 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53149-53151 2019-21667 Financial Crimes Financial Crimes Enforcement Network RULES Financial Crimes Enforcement Network; Inflation Adjustment of Civil Monetary Penalties; Correction, 53053 C1--2019--21156 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Klamath, Deschutes, Jefferson, Crook, Wasco, and Sherman Counties, OR; Draft Habitat Conservation Plan; Applications for Incidental Take Permits, 53164-53167 2019-21631 Permit Applications:

Foreign Endangered Species, 53167-53168 2019-21571 Food and Nutrition Food and Nutrition Service RULES The Emergency Food Assistance Program: Implementation of the Agriculture Improvement Act, 52997-53002 2019-21665 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 53241-53243 2019-21606 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activity: Panasonic Solar North America, Foreign-Trade Zone 23, Buffalo, NY, 53103-53104 2019-21671 General Services General Services Administration RULES Civil Monetary Penalties Inflation Adjustment, 53064-53065 2019-21465 NOTICES Environmental Impact Statements;

Availability, etc.: Construction of a New U.S. Land Port of Entry in Madawaska, ME, and a New Madawaska-Edmundston International Bridge, 53151-53152 2019-21691 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Childrens Hospitals Graduate Medical Education Payment Program, 53160-53161 2019-21680 Nurse Corps Scholarship Program, 53158-53160 2019-21684 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Guidance Related to Section 951A (Global Intangible Low-Taxed Income) and Certain Guidance Related to Foreign Tax Credits, 53052 C2--2019--12437 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Dried Tart Cherries from Turkey, 53175-53177 2019-21644 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof Including Generators, 53177 2019-21609 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Proposed Consent Decree: CERCLA, 53179-53180 2019-21575 2019-21578 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Survey of Occupational Injuries and Illnesses, 53180-53181 2019-21611 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Approved Resource Management Plan for the Buffalo Field Office, WY, 53170-53171 2019-21646 Draft Resource Management Plan for the Browns Canyon National Monument, Colorado, 53168-53169 2019-21560 Proposed Amendment to the Approved Resource Management Plan for the Miles City Field Office, Montana, 53171-53172 2019-21558 Record of Decision:

Approved Land Use Plan Amendment to the California Desert Conservation Area Plan for the West Mojave Route Network Project, California, 53169-53170 2019-21556 Maritime Maritime Administration NOTICES Deepwater Port License Application: West Delta LNG, LLC, 53218-53221 2019-21567 National Credit National Credit Union Administration RULES Federal Credit Union Bylaws, 53278-53302 2019-20826 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic Clearance to Collect Research or Educational Tools and Resources, 53162-53163 2019-21694 Meetings: Center for Scientific Review, 53161-53162 2019-21602 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 53162 2019-21603 National Institute on Alcohol Abuse and Alcoholism, 53161 2019-21601 Energy National Nuclear National Nuclear Security Administration NOTICES Record of Decision: Continued Interim Operation of the Y-12 National Security Complex, 53133-53134 2019-21660 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Atlantic Sea Scallop Fishery; Closure of the Mid-Atlantic Scallop Access Area to General Category Individual Fishing Quota Scallop Vessels, 53065 2019-21636 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska American Fisheries Act Permits, 53106-53107 2019-21619 Electronic Logbook for the Commercial Shrimp Fishery in the Gulf of Mexico, 53113 2019-21621 Electronic Monitoring Systems for Atlantic Highly Migratory Species, 53105-53106 2019-21620 Marine Recreational Information Program Fishing Effort Survey, 53104 2019-21623 Pacific Coast Groundfish Trawl Rationalization Program Permit and License Information Collection, 53108-53109 2019-21622 Tilefish Individual Fishing Quota Program, 53111-53112 2019-21628 Endangered and Threatened Species:

Endangered Species Act Listing Determination for Alewife and Blueback Herring; Correction, 53110-53111 2019-21698 Initiation of 5-Year Reviews for 28 Listed Species of Pacific Salmon and Steelhead, 53117-53119 2019-21666 Take of Anadromous Fish, 53104-53105, 53114-53115 2019-21589 2019-21608 Meetings: Caribbean Fishery Management Council, 53122-53123 2019-21647 Fisheries of the Gulf of Mexico and South Atlantic; Southeast Data, Assessment, and Review, 53112-53113 2019-21652 Fisheries of the Gulf of Mexico;

Southeast Data, Assessment, and Review, 53116 2019-21651 Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 53107-53108 2019-21653 Gulf of Mexico Fishery Management Council, 53115-53116 2019-21650 New England Fishery Management Council, 53109-53110 2019-21648 2019-21649 Pacific Fishery Management Council, 53116-53117 2019-21656 Takes of Marine Mammals: Incidental to Oil and Gas Activities in Cook Inlet, AK, 53119-53122 2019-21692 National Park National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Certification of Identity and Consent Form, 53172-53173 2019-21682 National Park Service Background Clearance Initiation Request, 53174-53175 2019-21683 National Park Service Lost and Found Report, 53173-53174 2019-21681 Meetings: Gateway National Recreation Area Fort Hancock 21st Century Advisory Committee, 53172 2019-21696 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Mathematical and Physical Sciences, 53181 2019-21678 Navy Navy Department NOTICES Certificate of Alternate Compliance:

USS VERMONT (SSN 792), 53123-53124 2019-21639 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Rules of Procedure, 53052-53053 2019-21414 Patent Patent and Trademark Office PROPOSED RULES Patent Term Adjustment Reductions in View of the Federal Circuit Decision in Supernus Pharm., Inc. v. Iancu, 53090-53094 2019-21271 Pension Benefit Pension Benefit Guaranty Corporation PROPOSED RULES Administrative Review of Agency Decisions, 53084-53089 2019-21495 Postal Regulatory Postal Regulatory Commission RULES Freedom of Information Act, 53056-53057 2019-21431 NOTICES Public Inquiry, 53181-53183 2019-21679 Securities Securities and Exchange Commission RULES Solicitations of Interest Prior to a Registered Public Offering, 53011-53036 2019-21304 NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Cboe BYX Exchange, Inc., 53183-53186, 53197-53200 2019-21588 2019-21597 Cboe BZX Exchange, Inc., 53208-53210 2019-21593 Cboe C2 Exchange, Inc., 53200-53202 2019-21586 Cboe EDGA Exchange, Inc., 53205-53207 2019-21596 Cboe EDGX Exchange, Inc., 53192-53195, 53203-53205 2019-21599 2019-21600 Cboe Exchange, Inc., 53213-53215 2019-21595 Miami International Securities Exchange, LLC, 53195-53197 2019-21598 MIAX Emerald, LLC, 53210-53213 2019-21592 MIAX PEARL, LLC, 53189-53192 2019-21594 NYSE Arca, Inc., 53188-53189 2019-21591 The Nasdaq Stock Market, LLC, 53186-53188 2019-21587 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

Marino Marini: Arcadian Nudes Exhibition, 53217 2019-21632 Environmental Impact Statements; Availability, etc.: Proposed Keystone XL Pipeline; Public Meeting Announcement, 53215-53217 2019-21702 Surface Transportation Surface Transportation Board PROPOSED RULES Revisions to the Board's Methodology for Determining the Railroad Industry's Cost of Capital, 53094-53097 2019-21590 Trade Representative Trade Representative, Office of United States NOTICES Requests for Nominations: Trade and Environment Policy Advisory Committee, 53217-53218 2019-21669 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration NOTICES Privacy Act;

Systems of Records, 53221-53227 2019-21412 Treasury Treasury Department See Comptroller of the Currency See Financial Crimes Enforcement Network See Foreign Assets Control Office See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Petroleum Refineries in Foreign Trade Sub-zones, 53163-53164 2019-21668 Prior Disclosure, 53164 2019-21664 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Per Diem to States for Care of Eligible Veterans in State Homes, 53243-53244 2019-21695 Rental and Utility Assistance for Certain Low-Income Veteran Families, 53243 2019-21607 Separate Parts In This Issue Part II Energy Department, Federal Energy Regulatory Commission, 53246-53275 2019-20803 Part III National Credit Union Administration, 53278-53302 2019-20826 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. 84 193 Friday, October 4, 2019 Rules and Regulations DEPARTMENT OF AGRICULTURE 2 CFR Part 417 Federal Crop Insurance Corporation 7 CFR Part 400 [0505-AA17] Nonprocurement Debarment and Suspension AGENCY: Office of the Chief Financial Officer and Federal Crop Insurance Corporation, USDA.

ACTION: Final rule. SUMMARY: The USDA issues this final rule to adopt certain provisions of the Office of Management and Budget

(OMB)guidelines to agencies on governmentwide debarment and suspension (nonprocurement) not previously adopted, to adopt changes made to the OMB guidance after its initial publication in 2010, and to revise the definition of the term “disqualified” to add the statutory disqualification requirements for USDA agencies. Finally, this rule removes a reference to the old USDA suspension and debarment regulations for the Federal Crop Insurance Corporation and replaces it with the current regulations. This regulatory action makes no substantive changes in USDA policy or procedures for nonprocurement debarment and suspension. DATES: This final rule is effective as of October 4, 2019. FOR FURTHER INFORMATION CONTACT: Tyson Whitney, Director, Transparency and Accountability Reporting Division, Office of the Chief Financial Officer, Room 3027-S, Stop Code 9011, U.S. Department of Agriculture, 1400 Independence Avenue SW, Washington, DC 20250;

(202)720-8978; *Tyson.whitney@usda.gov.* SUPPLEMENTARY INFORMATION: Background USDA published a direct final rule on May 25, 2010, to adopt the OMB guidelines to agencies on nonprocurement debarment and suspension as 2 CFR part 417 (75 FR 29183). USDA issues this final rule to adopt subpart E, General Services Administration's System for Award Management (GSA/SAM) (formerly Excluded Parties List System) and subpart F, General Principles Relating to Suspension and Debarment, of 2 CFR part 180. It also revises 2 CFR part 417 to amend subpart I to add the definition of “disqualified” in 2 CFR 417.935, as supplemented to include the statutory disqualifications required under USDA programs, and the definition of “nonprocurement transaction” in 2 CFR 417.970, and to adopt the Appendix to Part 180—Covered Transactions. Finally, this rule amends 7 CFR part 400 to replace a reference to the old USDA suspension and debarment regulations in 7 CFR 400.454. Discussion and Analysis The amendment to part 417 adopts subparts and definitions in the OMB guidelines to agencies on nonprocurement debarment and suspension not previously adopted and captures updates to 2 CFR part 180 that have occurred since 2010. These include Subpart E, General Services Administration's System for Award Management (GSA/SAM) (formerly Excluded Parties List System); Subpart F, General Principles Relating to Suspension and Debarment; definitions added in 2 CFR 180.935, as supplemented to include USDA statutory disqualifications, and 2 CFR 180.970; and Appendix to Part 180—Covered Transactions. This rule also replaces a reference to 7 CFR part 3017 in 7 CFR 400.454 with a reference to 2 CFR part 417. This regulatory action is a technical update of the rule and does not represent a change in current USDA nonprocurement debarment and suspension policy or procedures. Executive Order 12866 Regulatory Planning and Review This rule is issued in conformance with Executive Order 12866, “Regulatory Planning and Review.” It has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, was not reviewed by the Office of Management and Budget. Pursuant to the Congressional Review Act (5 U.S.C. 801 *et seq.* ), the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 804(2). IV. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) This regulatory action will not have a significant, adverse impact on a substantial number of small entities. V. Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4) This regulatory action does not contain a Federal mandate that will result in the expenditure by State, local, and Tribal governments, in aggregate, or by the private sector of $100 million or more in any one year. VI. 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. VII. 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 Federal government and the States, or on the distribution of power and responsibilities among the various levels of government, except as required by law. This rule does not impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States was not required. VIII. Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments) Executive Order 13175, entitled “Consultation and Coordination With Indian Tribal Governments” (65 FR 67249, November 9, 2000), requires agencies to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This rule does not have tribal implications, as specified in Executive Order 13175. List of Subjects 2 CFR Part 417 Administrative practice and procedure, Grant programs, Reporting and recordkeeping requirements. 7 CFR Part 400 Acreage allotments, Administrative practice and procedure, Claims, Crop insurance, Drug traffic control, Fraud, Government employees, Income taxes, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Wages. For the reasons discussed in the preamble, the Department of Agriculture amends 2 CFR part 417 and 7 CFR part 400 as follows: Title 2—Grants and Agreements CHAPTER IV—DEPARTMENT OF AGRICULTURE PART 417—NONPROCUREMENT DEBARMENT AND SUSPENSION 1. The authority citation for part 417 continues to read as follows: Authority: 5 U.S.C. 301; Pub. L. 101-576, 104 Stat. 2838; Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); 7 U.S.C. 2209j; E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, Comp., p. 235); 7 CFR 2.28. 2. Add subpart E, consisting of §§ 417.500 through 417.530, to read as follows: Subpart E—System for Award Management Exclusions Sec. 417.500 What is the purpose of the System for Award Management Exclusions (SAM Exclusions)? 417.505 Who uses SAM Exclusions? 417.510 Who maintains SAM Exclusions? 417.515 What specific information is in SAM Exclusions? 417.520 Who places the information into SAM Exclusions? 417.525 Whom do I ask if I have questions about a person in SAM Exclusions? 417.530 Where can I find SAM Exclusions? Subpart E—System for Award Management Exclusions § 417.500 What is the purpose of the System for Award Management Exclusions (SAM Exclusions)? SAM Exclusions is a widely available source of the most current information about persons who are excluded or disqualified from covered transactions. § 417.505 Who uses SAM Exclusions?

(a)Federal agency officials use SAM Exclusions to determine whether to enter into a transaction with a person, as required under § 180.430 of this title.

(b)Participants also may, but are not required to, use SAM Exclusions to determine if—

(1)Principals of their transactions are excluded or disqualified, as required under § 180.320 of this title; or

(2)Persons with whom they are entering into covered transactions at the next lower tier are excluded or disqualified.

(c)SAM Exclusions are available to the general public. § 417.510 Who maintains SAM Exclusions? The General Services Administration

(GSA)maintains SAM Exclusions. When a Federal agency takes an action to exclude a person under the nonprocurement or procurement debarment and suspension system, the agency enters the information about the excluded person into SAM Exclusions. § 417.515 What specific information is in SAM Exclusions?

(a)At a minimum, SAM Exclusions indicates—

(1)The full name (where available) and address of each excluded and disqualified person, in alphabetical order, with cross references if more than one name is involved in a single action;

(2)The type of action;

(3)The cause for the action;

(4)The scope of the action;

(5)Any termination date for the action;

(6)The Federal agency and name and telephone number of the agency point of contact for the action; and

(7)The unique entity identifier approved by the GSA, of the excluded or disqualified person, if available. (b)(1) The database for SAM Exclusions includes a field for the Taxpayer Identification Number

(TIN)(the social security number

(SSN)for an individual) of an excluded or disqualified person.

(2)Agencies disclose the SSN of an individual to verify the identity of an individual, only if permitted under the Privacy Act of 1974 and, if appropriate, the Computer Matching and Privacy Protection Act of 1988, as codified in 5 U.S.C. 552(a). § 417.520 Who places the information into SAM Exclusions? Federal agency officials who take actions to exclude persons under this part or officials who are responsible for identifying disqualified persons must enter the following information about those persons into SAM Exclusions:

(a)Information required by § 180.515(a) of this title;

(b)The Taxpayer Identification Number

(TIN)of the excluded or disqualified person, including the social security number

(SSN)for an individual, if the number is available and may be disclosed under law;

(c)Information about an excluded or disqualified person, within three business days, after—

(1)Taking an exclusion action;

(2)Modifying or rescinding an exclusion action;

(3)Finding that a person is disqualified; or

(4)Finding that there has been a change in the status of a person who is listed as disqualified. § 417.525 Whom do I ask if I have questions about a person in SAM Exclusions? If you have questions about a listed person in SAM Exclusions, ask the point of contact for the Federal agency that placed the person's name into SAM Exclusions. You may find the agency point of contact from SAM Exclusions. § 417.530 Where can I find SAM Exclusions? You may access SAM Exclusions through the internet, currently at *https://www.sam.gov.* 3. Add subpart F, consisting of §§ 417.600 through 417.660, to read as follows: Subpart F—General Principles Relating to Suspension and Debarment Actions Sec. 417.600 How do suspension and debarment actions start? 417.605 How does suspension differ from debarment? 417.610 What procedures does a Federal agency use in suspension and debarment actions? 417.615 How does a Federal agency notify a person of a suspension or debarment action? 417.620 Do Federal agencies coordinate suspension and debarment actions? 417.625 What is the scope of a suspension or debarment? 417.630 May a Federal agency impute the conduct of one person to another? 417.635 May a Federal agency settle a debarment or suspension action? 417.640 May a settlement include a voluntary exclusion? 417.645 Do other Federal agencies know if an agency agrees to a voluntary exclusion? 417.650 May an administrative agreement be the result of a settlement? 417.655 How will other Federal awarding agencies know about an administrative agreement that is the result of a settlement? 417.660 Will administrative agreement information about me in the designated integrity and performance system accessible through SAM be corrected or updated? Subpart F—General Principles Relating to Suspension and Debarment Actions § 417.600 How do suspension and debarment actions start? When Federal agency officials receive information from any source concerning a cause for suspension or debarment, they will promptly report it and the agency will investigate. The officials refer the question of whether to suspend or debar you to their suspending or debarring official for consideration, if appropriate. § 417.605 How does suspension differ from debarment? Suspension Differs From Debarment in That— A suspending official . . . A debarring official . . .

(a)Imposes suspension as a temporary status of ineligibility for procurement and nonprocurement transactions, pending completion of an investigation or legal proceedings Imposes debarment for a specified period as a final determination that a person is not presently responsible.

(b)Must—

(1)Have “adequate evidence” that there may be a cause for debarment of a person; and

(2)Conclude that “immediate action” is necessary to protect the Federal interest Must conclude, based on a “preponderance of the evidence,” that the person has engaged in conduct that warrants debarment.

(c)Usually imposes the suspension “first,” and then promptly notifies the suspended person, giving the person an opportunity to contest the suspension and have it lifted Imposes debarment “after” giving the respondent notice of the action and an opportunity to contest the proposed debarment. § 417.610 What procedures does a Federal agency use in suspension and debarment actions? In deciding whether to suspend or debar you, a Federal agency handles the actions as informally as practicable, consistent with principles of fundamental fairness.

(a)For suspension actions, a Federal agency uses the procedures in this subpart and subpart G of this part.

(b)For debarment actions, a Federal agency uses the procedures in this subpart and subpart H of this part. § 417.615 How does a Federal agency notify a person of a suspension or debarment action?

(a)The suspending or debarring official sends a written notice to the last known street address, facsimile number, or email address of—

(1)You or your identified counsel; or

(2)Your agent for service of process, or any of your partners, officers, directors, owners, or joint venturers.

(b)The notice is effective if sent to any of these persons. § 417.620 Do Federal agencies coordinate suspension and debarment actions? Yes, when more than one Federal agency has an interest in a suspension or debarment, the agencies may consider designating one agency as the lead agency for making the decision. Agencies are encouraged to establish methods and procedures for coordinating their suspension and debarment actions. § 417.625 What is the scope of a suspension or debarment? If you are suspended or debarred, the suspension or debarment is effective as follows:

(a)Your suspension or debarment constitutes suspension or debarment of all of your divisions and other organizational elements from all covered transactions, unless the suspension or debarment decision is limited—

(1)By its terms to one or more specifically identified individuals, divisions, or other organizational elements; or

(2)To specific types of transactions.

(b)Any affiliate of a participant may be included in a suspension or debarment action if the suspending or debarring official—

(1)Officially names the affiliate in the notice; and

(2)Gives the affiliate an opportunity to contest the action. § 417.630 May a Federal agency impute the conduct of one person to another? For purposes of actions taken under this part, a Federal agency may impute conduct as follows:

(a)*Conduct imputed from an individual to an organization.* A Federal agency may impute the fraudulent, criminal, or other improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with an organization, to that organization when the improper conduct occurred in connection with the individual's performance of duties for or on behalf of that organization, or with the organization's knowledge, approval or acquiescence. The organization's acceptance of the benefits derived from the conduct is evidence of knowledge, approval or acquiescence.

(b)*Conduct imputed from an organization to an individual, or between individuals.* A Federal agency may impute the fraudulent, criminal, or other improper conduct of any organization to an individual, or from one individual to another individual, if the individual to whom the improper conduct is imputed either participated in, had knowledge of, or reason to know of the improper conduct.

(c)*Conduct imputed from one organization to another organization.* A Federal agency may impute the fraudulent, criminal, or other improper conduct of one organization to another organization when the improper conduct occurred in connection with a partnership, joint venture, joint application, association or similar arrangement, or when the organization to whom the improper conduct is imputed has the power to direct, manage, control, or influence the activities of the organization responsible for the improper conduct. Acceptance of the benefits derived from the conduct is evidence of knowledge, approval, or acquiescence. § 417.635 May a Federal agency settle a debarment or suspension action? Yes, a Federal agency may settle a debarment or suspension action at any time if it is in the best interest of the Federal Government. § 417.640 May a settlement include a voluntary exclusion? Yes, if a Federal agency enters into a settlement with you in which you agree to be excluded, it is called a voluntary exclusion and has governmentwide effect. § 417.645 Do other Federal agencies know if an agency agrees to a voluntary exclusion?

(a)Yes, the Federal agency agreeing to the voluntary exclusion enters information about it into SAM Exclusions.

(b)Also, any agency or person may contact the Federal agency that agreed to the voluntary exclusion to find out the details of the voluntary exclusion. § 417.650 May an administrative agreement be the result of a settlement? Yes, a Federal agency may enter into an administrative agreement with you as part of the settlement of a debarment or suspension action. § 417.655 How will other Federal awarding agencies know about an administrative agreement that is the result of a settlement? The suspending or debarring official who enters into an administrative agreement with you must report information about the agreement to the designated integrity and performance system within three business days after entering into the agreement. This information is required by section 872 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (41 U.S.C. 2313). § 417.660 Will administrative agreement information about me in the designated integrity and performance system accessible through SAM be corrected or updated? Yes, the suspending or debarring official who entered information into the designated integrity and performance system about an administrative agreement with you:

(a)Must correct the information within three business days if he or she subsequently learns that any of the information is erroneous.

(b)Must correct in the designated integrity and performance system, within three business days, the ending date of the period during which the agreement is in effect, if the agreement is amended to extend that period.

(c)Must report to the designated integrity and performance system, within three business days, any other modification to the administrative agreement.

(d)Is strongly encouraged to amend the information in the designated integrity and performance system in a timely way to incorporate any update that he or she obtains that could be helpful to Federal awarding agencies who must use the system. Subpart I—Definitions 4. Add § 417.935 to read as follows: § 417.935 Disqualified (USDA supplement to governmentwide definition at 2 CFR 180.935). “Disqualified” means that a person is prohibited from participating in specified Federal procurement or nonprocurement transactions as required under a statute, Executive order (other than Executive Orders 12549 and 12689) or other authority. Examples of disqualifications include persons prohibited under—

(a)The Davis-Bacon Act (40 U.S.C. 276(a));

(b)The equal employment opportunity acts and Executive orders; or

(c)The Clean Air Act (42 U.S.C. 7606), Clean Water Act (33 U.S.C. 1368) and Executive Order 11738 (3 CFR, 1973 Comp., p. 799);

(d)515(h) of the Federal Crop Insurance Act (7 U.S.C. 1515(h));

(e)Section 12 of the Food and Nutrition Act of 2008 (7 U.S.C. 2021). 5. Add § 417.970 to read as follows: § 417.970 Nonprocurement transaction.

(a)*“* Nonprocurement transaction” means any transaction, regardless of type (except procurement contracts), including, but not limited to the following:

(1)Grants.

(2)Cooperative agreements.

(3)Scholarships.

(4)Fellowships.

(5)Contracts of assistance.

(6)Loans.

(7)Loan guarantees.

(8)Subsidies.

(9)Insurances.

(10)Payments for specified uses.

(11)Donation agreements.

(b)A nonprocurement transaction at any tier does not require the transfer of Federal funds. 6. Add Appendix 1 to Part 417 to read as follows: Appendix 1 to Part 417—Covered Transactions Covered Transactions ER04OC19.006 Title 7 Chapter IV—Federal Crop Insurance Corporation PART 400—GENERAL ADMINISTRATIVE REGULATIONS Subpart R—Administrative Remedies for Non-compliance 6. The authority citation for 7 CFR part 400, subpart R, continues to read as follows: Authority: 7 U.S.C. 1506(l), 1506(o), and 7 U.S.C. 1515(h). § 400.454 [Amended] 7. In § 400.454(e)(3), remove the phrase “Excluded Parties List System

(EPLS)in accordance with 7 CFR part 3017, subpart E” and add in its place “System for Award Management

(SAM)in accordance with 2 CFR part 417”. Stephen L. Censky, Deputy Secretary. [FR Doc. 2019-20865 Filed 10-3-19; 8:45 a.m.]

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