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This section of the FEDERAL REGISTER implemented its Guidance for Executive Order 12866
contains notices to the public of the proposed Governmentwide Debarment and
issuance of rules and regulations. The
This proposed regulatory action has
Suspension (Nonprocurement), codified been determined to be not significant for
purpose of these notices is to give interested in Part 180 of title 2 of the Code of
persons an opportunity to participate in the purposes of E.O. 12866.
rule making prior to the adoption of the final
Federal Regulations (70 FR 51862,
August 31, 2005). In addition to Regulatory Flexibility Act of 1980
rules.
restating and updating its guidance on (5 U.S.C. 605(b))
nonprocurement debarment and The Chief Counsel for Regulation at
DEPARTMENT OF COMMERCE suspension, the interim final guidance the Department of Commerce certified
requires all federal agencies to adopt a to the Chief Counsel for Advocacy at the
2 CFR Part 1326 new approach to Federal agency Small Business Administration that this
implementation of the guidance. OMB rule, if adopted, would not have a
15 CFR Parts 14 and 26 requires each agency to issue a brief rule significant economic impact on a
[Docket No. 060830228–6228–01] that: (1) Adopts the guidance, giving it substantial number of small entities.
regulatory effect for that agency’s This action would merely remove the
RIN 0605–AA23
activities; and (2) states any agency- DOC’s current policy and provisions
Department of Commerce specific additions, clarifications, and related to the debarment and suspension
Implementation of OMB Guidance on exceptions to the government-wide common rule and replace it with a brief
Nonprocurement Debarment and policies and procedures contained in part adopting OMB’s guidance and
Suspension the guidance. That guidance also implementing any provisions specific to
requires agencies to implement the the Department. In addition, it would
AGENCY: Department of Commerce. OMB guidance by February 28, 2007. co-locate the Department’s regulations
ACTION: Proposed rule. Pursuant to the requirements in with OMB’s guidance in 2 CFR along
with other agencies’ rules in that title.
SUMMARY: The Department of Commerce
OMB’s interim final guidance, the
These revisions are purely
(Department) proposes to remove its Department of Commerce (Department)
administrative in nature and do not
regulations implementing the proposes to:
modify the Department’s current policy.
government-wide common rule on (1) Remove 15 CFR Part 26; (2) replace Because these changes are not
nonprocurement debarment and the Department’s part containing the substantive, the Chief Counsel for
suspension, currently codified at Title full text of the debarment and Regulation certified that this action
15, and to adopt the Office of suspension common rule with a brief would not have a significant economic
Management and Budget’s (OMB) part implementing OMB’s guidance and impact on a substantial number of small
guidance at Title 2 of the Code of any provisions specific to the entities.
Federal Regulations (CFR) published in Department; (3) co-locate the
the Federal Register on August 31, Department’s part with OMB’s guidance Unfunded Mandates Act of 1995
2005. This proposed regulatory action in 2 CFR along with other agencies’ (Sec. 202, Pub. L. 104–4)
would implement the OMB’s initiative regulations in that title; and (4) revise This proposed regulatory action does
to streamline and consolidate all federal references in 15 CFR Part 14 with the not contain a Federal mandate that will
regulations on nonprocurement citation to the Department’s regulations result in the expenditure by State, local,
debarment and suspension into one part located in Title 2, Part 1326. and tribal governments, in aggregate, or
of the CFR. The Department does not This proposed regulatory action by the private sector of $100 million or
intend to modify any of its current would implement the OMB’s initiative more in any one year.
policy. to streamline and consolidate all federal Paperwork Reduction Act of 1995
DATES: Submit comments on the regulations on nonprocurement (44 U.S.C., Chapter 35)
proposed regulatory action by October debarment and suspension into one part
23, 2006. This regulatory action will not impose
of the CFR, and does not intend to
any additional reporting or
ADDRESSES: Comments on this proposed modify any of the Department’s current
recordkeeping requirements under the
action should be sent to Gary Johnson, policy.
Paperwork Reduction Act.
U.S. Department of Commerce, Room Invitation to Comment Notwithstanding any other provision of
H–6054, 14th & Constitution Avenue, law, no person is required to respond to,
NW., Washington, DC 20230. We intend the proposed new part in nor shall any person be subject to a
FOR FURTHER INFORMATION CONTACT: For 2 CFR to adopt the OMB guidelines with penalty for failure to comply with a
further information, please contact Gary the same additions and clarifications we collection of information subject to the
Johnson at (202) 482–1679 or by e-mail made to the common rule on Paperwork Reduction Act unless that
at gjohnso3@doc.gov. nonprocurement debarment and collection displays a currently valid
suspension in the Federal Register
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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 55355
not have substantial direct effects on the Subpart C—Responsibilities of Participants § 1326.30 What policies and procedures
States, on the relationship between the Regarding Transactions must I follow?
national government and the States, or 1326.332 What methods must I use to pass The Department of Commerce policies
on the distribution of power and requirements down to participants at and procedures that you must follow are
responsibilities among the various lower tiers with whom I intend to do the policies and procedures specified in
levels of government. business? each applicable section of the OMB
Subpart D—Responsibilities of Federal guidance in Subparts A through I of 2
List of Subjects
Agency Officials Regarding Transactions CFR part 180, as that section is
2 CFR Part 1326 1326.437 What method do I use to supplemented by the section in this part
communicate to a participant the with the same section number. The
Administrative practice and requirements described in the OMB contracts that are covered transactions,
procedure, Debarment and suspension, guidance at 2 CFR 180.435? for example, are specified by section
Grant programs, Reporting and 220 of the OMB guidance (i.e., 2 CFR
recordkeeping requirements. Subparts E–H—[Reserved]
180.220) as supplemented by section
Subpart I—Definitions 220 in this part (i.e., § 1326.220). For
15 CFR Part 14
1326.970 Nonprocurement transaction any section of OMB guidance in
Accounting, Administrative pratice (Department of Commerce supplement to Subparts A through I of 2 CFR 180 that
and procedure, Grant programs, government-wide definition at 2 CFR has no corresponding section in this
Reporting and recordkeeping 180.970). part, Department of Commerce policies
requirements. Subpart J—[Reserved] and procedures are those in the OMB
15 CFR Part 26 guidance.
Authority: 5 U.S.C. 301; Sec. 2455, Pub. L.
Administrative practice and 103–355, 108 Stat. 3327; E.O. 12549, 3 CFR, Subpart A—General
1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989
procedure, Debarment and suspension,
Comp., p. 235. § 1326.137 Who in the Department of
Grant programs, Reporting and
Commerce may grant an exception to let an
recordkeeping requirements. 1326.10 What does this part do? excluded person participate in a covered
Issued this 18th day of September at This part adopts the Office of transaction?
Washington, DC. Management and Budget (OMB) Within the Department of Commerce,
Michael S. Sade, guidance in Subparts A through I of 2 the Secretary of Commerce or designee
Director for Acquisition Management and CFR part 180, as supplemented by this has the authority to grant an exception
Procurement Executive. part, as the Department of Commerce to let an excluded person participate in
Accordingly, under the authority of 5 policies and procedures for a covered transaction, as provided in the
U.S.C. 301; Sec. 2455, Pub. L. 103–355, nonprocurement debarment and OMB guidance at 2 CFR 180.135.
108 Stat. 3327 (31 U.S.C. 6101 note); suspension. It thereby gives regulatory
E.O. 12549 (3 CFR, 1986 Comp., p. 189); effect to the OMB guidance as Subpart B—Covered Transactions
and E.O. 12689 (3 CFR, 1989 Comp., supplemented by this part. This part § 1326.215 Which nonprocurement
p. 235) the Department of Commerce satisfies the requirements in section 3 of transactions, in addition to those listed in
proposes the following amendments to Executive Order 12549, ‘‘Debarment and 2 CFR 180.215, are not covered
the Code of Federal Regulations, Title 2, Suspension’’ (3 CFR 1986 Comp., transactions?
Subtitle B, Title 15 Part 14 and Title 15 p. 189), Executive Order 12689, (a) For purposes of the Department of
Part 26, as follows: ‘‘Debarment and Suspension’’ (3 CFR Commerce, a transaction that the
1989 Comp., p. 235) and 31 U.S.C. 6101 Department needs to respond to a
Title 2—Grants and Agreements note (Section 2455, Public Law 103– national or agency-recognized
1. Add Chapter 13, consisting of Part 355, 108 Stat. 3327). emergency or disaster includes the
1326 to Subtitle B to read as follows: 1326.20 Does this part apply to me?
Fisherman’s Contingency Fund.
Chapter 13—Department of Commerce
(b) For purposes of the Department of
This part and, through this part, Commerce, an incidental benefit that
PART 1326—NONPROCUREMENT pertinent portions of the OMB guidance results from ordinary governmental
DEBARMENT AND SUSPENSION in Subparts A through I of 2 CFR part operations includes:
180 (see table at 2 CFR 180.100(b)) (1) Export Promotion, Trade
Sec. apply to you if you are a— Information and Counseling, and Trade
1326.10 What does this part do? (a) Participant or principal in a policy.
1326.20 Does this part apply to me? (2) Geodetic Surveys and Services
1326.30 What policies and procedures must
‘‘covered transaction’’ (see Subpart B of
2 CFR part 180 and the definition of (Specialized Services).
I follow?
‘‘nonprocurement transaction’’ at 2 CFR (3) Fishery Products Inspection
Subpart A—General 180.970, as supplemented by Subpart B Certification.
1326.137 Who in the Department of and § 1326.970 of this part). (4) Standard Reference Materials.
Commerce may grant an exception to let (5) Calibration, Measurement, and
(b) Respondent in a Department of
an excluded person participate in a Testing.
covered transaction?
Commerce suspension or debarment
(6) Critically Evaluated Data
action.
Subpart B—Covered Transactions (Standard Reference Data).
(c) Department of Commerce (7) Phoenix Data System.
1326.215 Which nonprocurement debarment or suspension official;
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55356 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
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