Unknown. Final rule

4,217 words·~19 min read·/register/2024/05/01/2024-08855

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-2024-05-01.xml --- 89 85 Wednesday, May 1, 2024 Contents Agency Agency for International Development See International Development Cooperation Agency Agriculture Agriculture Department See Food Safety and Inspection Service See Natural Resources Conservation Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare and Medicaid Programs:

Application from The Joint Commission for Initial CMS-approval of its Rural Health Clinic Accreditation Program, 35105-35107 2024-09426 Coast Guard Coast Guard RULES Special Local Regulation: Marine Events within the Captain of the Port Charleston, 35006-35007 2024-09051 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic for Funding Opportunity Announcements and Related Forms, 35057 2024-09394 Commodity Futures Commodity Futures Trading Commission RULES Swap Confirmation Requirements for Swap Execution Facilities, 34991-35004 2024-09368 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reparations Complaint, 35078-35079 2024-09433 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 35079 2024-09504 Council Environmental Council on Environmental Quality RULES National Environmental Policy Act Implementing Regulations Revisions Phase 2, 35442-35577 2024-08792 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Office of Special Education and Rehabilitative Services Peer Reviewer Data Form, 35079-35080 2024-09395 PLUS Adverse Credit Reconsideration Loan Counseling, 35079 2024-09331 Applications for New Awards: Student Support Services Program, 35080-35086 2024-08328 Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities—The National Center for Systemic Improvement; Corrections, 35086-35087 2024-09507 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings, 35384-35439 2024-08196 Coordination of Federal Authorizations for Electric Transmission Facilities, 35312-35382 2024-08157 Environmental Protection Environmental Protection Agency RULES Department of Energy Hanford Mixed Radioactive Waste Land Disposal Restrictions Variance, 35008-35010 2024-08937 NOTICES Proposed Consent Decree:

Clean Water Act, 35090-35091 2024-09435 Proposed Settlement Agreement, Stipulation, Order, and Judgment, etc.: Clean Air Act Suit, 35091-35093 2024-09437 Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 35093 2024-09524 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 34982-34985 2024-09339 Bombardier, Inc., Airplanes, 34961-34982 2024-09341 MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.

) Airplanes, 34986-34988 2024-09340 The Boeing Company Airplanes, 34988-34991 2024-09338 PROPOSED RULES Airspace Designations and Reporting Points: Beloit, KS, 35027-35028 2024-09236 Chanute, KS, 35025-35026 2024-09235 Festus, MO, 35018-35019 2024-09240 Gibson City, IL, 35022-35023 2024-09242 Hastings, NE, 35021-35022 2024-09238 Llano and Mason, TX, 35019-35021 2024-09239 Paxton, IL, 35024-35025 2024-09265 Airworthiness Directives: Airbus SAS Airplanes, 35015-35018 2024-09013 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Helicopter Air Ambulance Operator Reports, 35299 2024-09370 International Traveler Information Card, 35298-35299 2024-09445 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35093-35094 2024-09461 2024-09462 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35095 2024-09374 Federal Energy Federal Energy Regulatory Commission NOTICES Application:

Consolidated Water Power Co., 35087-35088 2024-09439 Combined Filings, 35088-35090 2024-09442 2024-09443 Designation of Commission Staff as Non-Decisional: Seattle City Light, 35087 2024-09440 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: MPower Energy NJ LLC, 35089 2024-09441 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35300-35301 2024-09421 2024-09436 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 35095-35096 2024-09397 Complaint, 35096-35097 2024-09416 Hearings, Meetings, Proceedings, etc.:

National Shipper Advisory Committee, 35096 2024-09415 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hearings, Meetings, Proceedings, etc.: Registration System Modernization, 35301-35302 2024-09356 Federal Railroad Federal Railroad Administration NOTICES Application for Approval of Discontinuance or Modification of a Railroad Signal System, 35303 2024-09452 Petition for Extension of Waiver of Compliance, 35302-35303 2024-09450 2024-09451 Fish Fish and Wildlife Service RULES Migratory Bird Subsistence Harvest in Alaska, 35010-35011 2024-09430 NOTICES Permits;

Applications, Issuances, etc.: Endangered and Threatened Species, 35187-35192 2024-09347 Incidental Take and Proposed Habitat Conservation Plan for the Sweet Acres Wind Project, White County, IN; Categorical Exclusion, 35192-35194 2024-09349 Food Safety Food Safety and Inspection Service NOTICES Determination: Salmonella in Not Ready-To-Eat Breaded Stuffed Chicken Products, 35033-35053 2024-09393 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 35303-35304 2024-09389 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Subzone:

Sediver USA, Inc., Foreign-Trade Zone 273, West Memphis, AR, 35058 2024-09419 Approval of Expansion of Subzone 183B: Samsung Austin Semiconductor, LLC; Taylor, TX, 35057-35058 2024-09369 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Actual Place of Residence Determination, 35097-35105 2024-09429 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Vulnerability to Water Insecurity, Hazards Planning and Response, 35194-35195 2024-09423 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES National Environmental Policy Act Compliance Procedures: Federal Flood Risk Management Standard Procedures, 35182-35184 2024-09335 Publication of Common Agreement for Nationwide Health Information Interoperability Version 2.0, 35107-35182 2024-09476 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Hearings, Meetings, Proceedings, etc.:

Taxpayer Advocacy Panel Joint Committee, 35304 2024-09464 International Development International Development Cooperation Agency RULES Nonprocurement Suspension and Debarment, 34953-34955 2024-08855 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Advance Notification of Sunset Review, 35074 2024-09425 Alloy and Certain Carbon Steel Threaded Rod from the People's Republic of China, 35069-35071 2024-09454 Aluminum Lithographic Printing Plates from the People's Republic of China, 35062-35065 2024-09457 Certain Mobile Access Equipment and Subassemblies Thereof from the People's Republic of China, 35067-35069 2024-09458 Initiation of Five-Year (Sunset) Reviews, 35073-35074 2024-09424 Multilayered Wood Flooring from the People's Republic of China, 35058-35060 2024-09316 Steel Concrete Reinforcing Bar from the Republic of Turkiye, 35071-35073 2024-09371 Welded Line Pipe from the Republic of Korea, 35060-35062 2024-09455 Sales at Less Than Fair Value;

Determinations, Investigations, etc.: Aluminum Lithographic Printing Plates from Japan, 35065-35067 2024-09456 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Brass Rod from Brazil, India, Mexico, South Africa, and South Korea, 35236-35237 2024-09383 Certain Furniture Products Finished with Decorative Wood Grain Paper and Components Thereof, 35244 2024-09448 Certain Video Processing Devices and Products Containing the Same, 35236 2024-09362 Circular Welded Carbon-Quality Steel Pipe from China, 35244-35247 2024-09366 Glycine from China, India, Japan, and Thailand, 35237-35240 2024-09365 Laminated Woven Sacks from Vietnam, 35241-35244 2024-09364 Silicomanganese from China and Ukraine, 35240-35241 2024-09358 Silicomanganese from India, Kazakhstan, and Venezuela, 35247-35250 2024-09363 Labor Department Labor Department See Mine Safety and Health Administration Land Land Management Bureau RULES Rights-of-Way, Leasing, and Operations for Renewable Energy, 35634-35684 2024-08099 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Coal Respirator Program, 35250-35251 2024-09318 National Archives National Archives and Records Administration RULES Federal Records Management: Government Accountability Office Concurrence, 35007-35008 2024-09396 National Institute National Institute of Standards and Technology NOTICES Hearings, Meetings, Proceedings, etc.: Information Security and Privacy Advisory Board, 35075 2024-09418 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.:

National Institute of Diabetes and Digestive and Kidney Diseases, 35184-35185 2024-09322 Synergy in Science: Innovations in Autoimmune Disease Research and Care, 35185 2024-09345 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Trawl Sablefish in the Bering Sea and Aleutian Islands Management Area, 35013-35014 2024-09350 Fisheries off West Coast States: West Coast Salmon Fisheries; Federal Salmon Regulations for Overfished Species Rebuilding Plans, 35012-35013 2024-09380 Reef Fish Fishery of the Gulf of Mexico: 2024 Recreational Accountability Measure and Closure for Gulf of Mexico Red Grouper, 35011-35012 2024-09384 NOTICES Hearings, Meetings, Proceedings, etc.:

Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review, 35076-35078 2024-09385 2024-09386 Pacific Fishery Management Council, 35075 2024-09420 Permits; Applications, Issuances, etc.: Pacific Islands Pelagic Fisheries; American Samoa Longline Limited Entry Program, 35076 2024-09388 National Park National Park Service NOTICES Inventory Completion: Field Museum, Chicago, IL, 35203-35204 2024-09410 Haffenreffer Museum of Anthropology, Brown University, Bristol, RI, 35199-35200, 35208 2024-09411 2024-09412 Longyear Museum of Anthropology, Colgate University, Hamilton, NY, 35205-35206 2024-09398 Los Rios Community College District, Sacramento, CA, 35201 2024-09400 Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, 35204-35205, 35209 2024-09404 2024-09405 San Francisco State University Native American Graves Protection and Repatriation Act Program, San Francisco, CA, 35198-35199, 35202 2024-09414 2024-09413 University of California, Riverside, Riverside, CA, 35195-35196 2024-09409 University of Toledo, Toledo, OH, 35196-35198, 35200-35201 2024-09401 2024-09402 2024-09403 University of Wisconsin Oshkosh, Oshkosh, WI, 35206-35208 2024-09399 William S.

Webb Museum of Anthropology, University of Kentucky, Lexington, KY, 35205, 35209-35210 2024-09406 2024-09407 Repatriation of Cultural Items: William S. Webb Museum of Anthropology, University of Kentucky, Lexington, KY, 35202-35203 2024-09408 National Resources Natural Resources Conservation Service NOTICES Requests for Nominations: Urban Agriculture and Innovative Production Advisory Committee, 35053-35054 2024-09267 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Branch Technical Position 7-19:

Guidance for Evaluation of Defense in Depth and Diversity to Address Common-Cause Failure Due to Latent Design Defects in Digital Instrumentation and Control Systems, 35251-35252 2024-09323 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Assessments; Availability, etc.: Commercial Wind Lease Issuance on the Pacific Outer Continental Shelf, Oregon, 35220-35221 2024-09360 Wind Lease Sale: Oregon Outer Continental Shelf, 35210-35220 2024-09391 U.S. Gulf of Maine Outer Continental Shelf, 35222-35236 2024-09390 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Small Business Week (Proc. 10733), 34945-34947 2024-09551 Workers Memorial Day (Proc. 10734), 34949-34951 2024-09552 Rural Business Rural Business-Cooperative Service RULES Rural Development Regulations with the Unique Entity Identifier for Federal Awards, 34955-34959 2024-09447 Update to Methodology and Formulas for Allocation of Loan and Grant Program Funds, 34959-34961 2024-09446 NOTICES Request for Application: Strategic Economic and Community Development Program for Fiscal Year 2024;

Correction, 35056 2024-09449 Rural Housing Service Rural Housing Service RULES Rural Development Regulations with the Unique Entity Identifier for Federal Awards, 34955-34959 2024-09447 Update to Methodology and Formulas for Allocation of Loan and Grant Program Funds, 34959-34961 2024-09446 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35055 2024-09315 Request for Application: Strategic Economic and Community Development Program for Fiscal Year 2024;

Correction, 35056 2024-09449 Rural Utilities Rural Utilities Service RULES Rural Development Regulations with the Unique Entity Identifier for Federal Awards, 34955-34959 2024-09447 Update to Methodology and Formulas for Allocation of Loan and Grant Program Funds, 34959-34961 2024-09446 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35055-35056 2024-09459 Request for Application: Strategic Economic and Community Development Program for Fiscal Year 2024;

Correction, 35056 2024-09449 Securities Securities and Exchange Commission NOTICES Application: Deregistration under the Investment Company Act, 35266 2024-09444 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange LLC, 35266-35269 2024-09332 Cboe BZX Exchange, Inc., 35252-35257 2024-09328 2024-09330 Fixed Income Clearing Corp., 35269-35270 2024-09327 Miami International Securities Exchange, 35257-35260 2024-09334 New York Stock Exchange LLC, 35260-35265, 35288-35289 2024-09326 2024-09333 NYSE American LLC, 35270-35288 2024-09329 NYSE Arca, Inc., 35289-35292 2024-09325 Selective Selective Service System RULES Privacy Act Procedures, 35004-35006 2024-09361 Small Business Small Business Administration NOTICES Disaster or Emergency Declaration and Related Determination:

Alaska, 35292 2024-09359 State Department State Department PROPOSED RULES International Traffic in Arms Regulations: Exemption for Defense Trade and Cooperation Among Australia, the United Kingdom, and the United States, 35028-35032 2024-08829 NOTICES Gifts to Federal Employees from Foreign Government Sources Reported to Employing Agencies in Calendar Year 2022; Correction, 35292-35297 2024-09344 Substance Substance Abuse and Mental Health Services Administration NOTICES Current List of HHS-Certified Laboratories:

Instrumented Initial Testing Facilities Which Meet Minimum Standards to Engage in Urine and Oral Fluid Drug Testing for Federal Agencies, 35185-35187 2024-09372 Surface Transportation Surface Transportation Board NOTICES Exemption: Trackage Rights; Grainbelt Corp., BNSF Railway Co., 35297-35298 2024-09387 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration Security Transportation Security Administration RULES Flight Training Security Program, 35580-35631 2024-08800 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Request for Individual Access to Records Protected under the Privacy Act and Consent for Disclosure of Records Protected under the Privacy Act, 35304 2024-09432 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Apportionment of Beneficiary's Award, 35307 2024-09377 Authorization and Consent to Release Information, General Release for Medical Provider Information, 35308 2024-09336 Certification of School Attendance or Termination, 35309 2024-09317 Eligibility Verification Reports, 35307-35308 2024-09392 Employment Information in Connection with Claim for Disability Benefits, 35309-35310 2024-09378 Report of Medical, Legal, and Other Expenses Incident to Recovery for Injury or Death, 35304-35305 2024-09379 Statement of Marital Relationship, 35305 2024-09321 Supplement to VA Forms for Philippine Claims, 35306-35307 2024-09375 2024-09376 Separate Parts In This Issue Part II Energy Department, 35312-35382 2024-08157 Part III Energy Department, 35384-35439 2024-08196 Part IV Council on Environmental Quality, 35442-35577 2024-08792 Part V Homeland Security Department, Transportation Security Administration, 35580-35631 2024-08800 Part VI Interior Department, Land Management Bureau, 35634-35684 2024-08099 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. 89 85 Wednesday, May 1, 2024 Rules and Regulations INTERNATIONAL DEVELOPMENT FINANCE CORPORATION 2 CFR Chapter XVI Nonprocurement Suspension and Debarment AGENCY: U.S. International Development Finance Corporation. ACTION: Final rule.

SUMMARY: The U.S. International Development Finance Corporation

(DFC)is issuing a final rule to implement its nonprocurement debarment and suspension regulations. With this regulatory action, DFC adopts Office of Management and Budget

(OMB)regulations with some agency specific additions and clarifications. This final rule states what contracts are covered under this regulation, identifies the official authorized to grant exceptions to an excluded persons list, and states the person responsible for communicating requirements to both first and second tier program participants. Elements not addressed in this regulation are covered by the Governmentwide sections in the common rule. DATES: This rule is effective May 30, 2024. FOR FURTHER INFORMATION CONTACT: Agency Submitting Officer: Deborah Papadopoulos,

(202)357-3979, *Email: fedreg@dfc.gov.* SUPPLEMENTARY INFORMATION: I. Background Executive Order 12549 (51 FR 6370, February 18, 1986) established a Governmentwide debarment and suspension system covering the full range of Federal procurement and nonprocurement activities, and established procedures for debarment and suspension from participation in Federal nonprocurement programs. Section 6 of the Executive order authorized OMB to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by the Executive order, prescribe Governmentwide criteria and Governmentwide minimum due process procedures, and set forth other related details for the effective administration of the guidelines. Section 3 directed agencies to issue implementing regulations that are consistent with OMB guidelines. OMB issued an interim final guidance that implemented a common rule for Governmentwide Debarment and Suspension (Nonprocurement). This common rule is codified in part 180 of title 2 of the Code of Federal Regulations (70 FR 51864, August 31, 2005). In addition to restating and updating its guidance on nonprocurement debarment and suspension, the interim final guidance requires all Federal agencies to adopt a new approach to Federal agency implementation of the guidance. OMB 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, clarifications, and exceptions to the Governmentwide policies and procedures contained in the guidance. Under this system, a person who is debarred or suspended is excluded from Federal financial and nonfinancial assistance and benefits under Federal programs and activities. Debarment or suspension of a participant in a program by one agency is registered with the General Services Administration (GSA)-maintained System for Award Management

(SAM)exclusion list and has Governmentwide, reciprocal effect on that participant's ability to obtain procurement and nonprocurement contracts. DFC published its proposed rule regarding nonprocurement suspension and debarment on January 5, 2024 (89 FR 714). During the public comment period, we received two comments, which are addressed in §§ 1600.220 and 1600.890 (see the corrections published on January 22, 2024 (89 FR 3896), and March 8, 2024 (89 FR 16701)). Regulatory Analysis Executive Order 12866 DFC is an independent agency and is not subject to Executive Order 12866. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) This regulatory action will not have a significant adverse impact on a substantial number of small entities. Unfunded Mandates Act of 1995 This regulatory action does not contain a Federal mandate that will result in the expenditure by State, local, and Tribal governments, in aggregate, or by the private sector of $100 million or more in any one year. Paperwork Reduction Act of 1995 This rule does not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. Federalism (Executive Order 13132) This regulatory action does not have federalism implications, as set forth in Executive Order 13132. It will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. List of Subjects in 2 CFR Part 1600 Administrative practice and procedure, Assistance programs, Debarment and suspension, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, under the authority at 2 CFR 180.30, the United States International Development Finance Corporation adds 2 CFR chapter XVI, consisting of parts 1600 through 1699, to read as follows: Chapter XVI—US International Development Finance Corporation PART 1600—NONPROCUREMENT DEBARMENT AND SUSPENSION PARTS 1601-1699 [RESERVED] PART 1600—NONPROCUREMENT DEBARMENT AND SUSPENSION Sec. 1600.10 What does this part do? 1600.20 Does this part apply to me? 1600.30 What regulations must I follow? Subpart A—General 1600.137 Who in DFC may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 1600.215 Which nonprocurement transactions are not covered transactions? 1600.220 What contracts and subcontracts are covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 1600.332 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 1600.437 What method do I use to communicate to a participant the requirements for participating in a covered transaction? Subparts E-F [Reserved] Subpart G—Suspension 1600.765 How may I request reconsideration of my DFC suspension? Subpart H—Debarment 1600.890 How may I request reconsideration of my DFC debarment? Subpart I—Definitions 1600.930 Debarring official. 1600.1010 Suspending official. Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 54 FR 34131, 3 CFR, 1989 Comp., p. 235. § 1600.10 What does this part do? This part adopts the Office of Management and Budget

(OMB)guidance in subparts A through I of 2 CFR part 180, as supplemented by this part, as the U.S. International Development Finance Corporation

(DFC)regulations for non-procurement debarment and suspension. It thereby gives regulatory effect for DFC 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, Public Law 103-355 (31 U.S.C. 6101 note). § 1600.20 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 2 CFR part 180, subpart B, and the definition of “non-procurement transaction” at 2 CFR 180.970);

(b)Respondent in a DFC suspension or debarment action;

(c)DFC suspending or debarring official; and

(d)DFC investment, guarantee, insurance or grant official authorized to enter into any type of non-procurement transaction that is a covered transaction. § 1600.30 What regulations must I follow? The DFC regulations that you must follow are the regulations specified in each applicable section of the OMB guidance in subparts A through I of 2 CFR part 180 as that section is supplemented by the section in this part with the same section number or by additional provisions with no corresponding section number. For any section of OMB guidance in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, DFC regulations are those in the OMB guidance. Subpart A—General § 1600.137 Who in DFC may grant an exception to let an excluded person participate in a covered transaction? The Chief Executive Officer

(CEO)of DFC or designee may grant an exception permitting an excluded person to participate in a particular covered transaction. If the CEO of DFC or designee grants an exception, the exception must be in writing and state the reason(s) for deviating from the Governmentwide policy in Executive Order 12549. Subpart B—Covered Transactions § 1600.215 Which nonprocurement transactions are not covered transactions? In addition to the nonprocurement transactions which are not covered transactions under 2 CFR 180.215, any nonprocurement transaction entered into under a primary tier nonprocurement transaction that does not require DFC explicit prior consent is not a covered transaction under 2 CFR 180.215(g)(2). § 1600.220 What contracts and subcontracts are covered transactions? First-tier procurements ( *i.e.,* primary contracts) under a covered nonprocurement transaction are covered transactions. Although the OMB guidance at 2 CFR 180.220(c) allows a Federal agency to do so (see also optional lower tier coverage in the figure in the appendix to 2 CFR part 180), DFC does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement under a covered nonprocurement transaction. Moreover, for purposes of determining whether a procurement contract is included as a covered transaction, the threshold in 2 CFR 180.220(b) is increased from $25,000 to the “simplified acquisition threshold” as defined in 48 CFR 2.101. Subpart C—Responsibilities of Participants Regarding Transactions § 1600.332 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 that are covered transactions, requiring lower-tier participants to comply with the OMB guidance in 2 CFR part 180, subpart C, as supplemented by this subpart. Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions § 1600.437 What method do I use to communicate to a participant the requirements for participating in a covered transaction? To communicate to a participant the requirements described in 2 CFR 180.435, you must include provisions in the contractual documentation of the transaction to ensure compliance with 2 CFR part 180, subpart C, as supplemented by subpart C of this part. The provisions must also require the participant to include similar terms or conditions of compliance in lower-tier covered transactions. Subparts E-F [Reserved] Subpart G—Suspension § 1600.765 How may I request reconsideration of my DFC suspension?

(a)If the DFC suspending official issues a decision under 2 CFR 180.755 to continue your suspension after you present information in opposition to that suspension under 2 CFR 180.720, you can ask the suspending official to reconsider the decision for material errors of fact or law that you believe will change the outcome of the matter.

(b)A request for review under this section must be in writing; state the specific findings you believe to be in error; and include the reasons or legal bases for your position.

(c)The suspending official must notify you of their decisions under this section, in writing, using the notice procedures at 2 CFR 180.615 and 180.975. Subpart H—Debarment § 1600.890 How may I request reconsideration of my DFC debarment?

(a)If the DFC debarring official issues a decision under 2 CFR 180.870 to debar you after you present information in opposition to a proposed debarment under 2 CFR 180.815, you can ask the debarring official to reconsider the decision for material errors of fact or law that you believe will change the outcome of the matter.

(b)A request for review under this section must be in writing; state the specific findings you believe to be in error; and include the reasons or legal bases for your position.

(c)DFC may debar a person or entity for refusing to engage in efforts to remediate identified environmental, social, and human rights harm stemming from their activities, including harm that may be identified through a DFC Office of Accountability complaints process.

(d)The debarring official must notify you of their decisions under this section, in writing, using the notice procedures at 2 CFR 180.615 and 180.975. Subpart I—Definitions § 1600.930 Debarring official. The debarring official for DFC is the Vice President & Chief Administrative Officer, Office of Administration, or designee as delegated in Agency policy. § 1600.1010 Suspending official. The suspending official for DFC is the Vice President & Chief Administrative Officer, Office of Administration, or designee as delegated in Agency policy. PARTS 1601-1699 [RESERVED] Dated: April 10, 2024. Lisa Wischkaemper, Assistant General Counsel, Office of the General Counsel, U.S. International Development Finance Corporation. [FR Doc. 2024-08855 Filed 4-30-24; 8:45 am]

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