[Federal Register Volume 59, Number 192 (Wednesday, October 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24640]


[[Page Unknown]]

[Federal Register: October 5, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 15 and 32

[FRL-5083-8]

 

Ineligibility for Federal Contracts, Assistance, Loans and 
Benefits

AGENCY: Environmental Protection Agency.

ACTION: Final rule; technical amendments.

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SUMMARY: This rule makes several changes to the Environmental 
Protection Agency (EPA) rules in 40 CFR part 15 governing the 
ineligibility of facilities under the Clean Air Act (CAA) and the Clean 
Water Act (CWA) to receive Federal contracts, assistance and loans; and 
in 40 CFR part 32 governing nonprocurement suspension and debarment 
under EO 12549. This rulemaking conforms parts 15 and 32 to the changes 
EPA has made to the internal administrative responsibilities for the 
two debarment programs.

EFFECTIVE DATE: October 5, 1994.

FOR FURTHER INFORMATION CONTACT: Robert F. Meunier, Director, 
Suspension and Debarment Division (3902F), 401 M Street, SW., 
Washington, DC 20460. Telephone: (202) 260-8025.

SUPPLEMENTARY INFORMATION:

A. Background

    In 1993, EPA's Office of Administration and Resources Management 
(OARM) was reorganized to improve the administration contracts. That 
reorganization changed the titles of certain EPA officials having 
prescribed responsibilities under part 32 for the nonprocurement 
suspension and debarment program.
    Earlier this year, the EPA Administrator decided to reorganize the 
former Office of Enforcement (OE). As part of that reorganization, 
administrative responsibility for the part 15 CAA and CWA contractor 
listing program was transferred to OARM so that all EPA debarment 
functions would be conducted by a single office.
    These two reorganizations make it necessary to amend 40 CFR parts 
15 and 32 to conform them to EPA's internal administrative changes. 
This rulemaking also modifies provisions of part 15 so that they 
describe the current practice of publishing all CAA and CWA 
ineligibility information in the List of Debarred, Suspended, 
Voluntarily Excluded, and Ineligible Persons maintained by the General 
Services Administration. In 1995, the Agency plans to propose 
substantive revisions to 40 CFR parts 15 and 32 which will consolidate 
these two sets of rules into a single part.

Rulemaking Analysis

B. Executive Order 12866

    This is not a significant regulatory action under EO 12866; 
therefore, no review by the Office of Information and Regulatory 
Affairs is required.

C. Regulatory Flexibility Act

    The EPA certifies that this rule does not exert a significant 
economic impact on a substantial number of small entities. The rule 
makes nomenclature changes only to existing rules.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this rule does 
not contain information collection requirements for the approval of OMB 
under 44 U.S.C. 3501 et seq.

E. Public Comments

    The EPA has not solicited public comments on this final rule.

List of Subjects

40 CFR Part 15

    Administrative practice and procedure, Debarment and suspension.

40 CFR Part 32

    Administrative practice and procedure, Debarment and suspension.

    Dated: September 27, 1994.
Sallyanne Harper,
Acting Assistant Administrator, Office of Administration and Resources 
Management.

    For the reasons set out in the preamble, 40 CFR parts 15 and 32 are 
amended as follows:
    1. The authority citation for part 15 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; EO 
11738 of September 10, 1973 (38 FR 28161).

    2. Section 15.3 is revised to read as follows:


Sec. 15.3  Administrative responsibility.

    The authority and responsibilities assigned to the Administrator of 
the Environmental Protection Agency under EO 11738 have been delegated 
to the Assistant Administrator for Administration and Resources 
Management. Such authority and responsibilities may be redelegated, 
except that the delegated authority to issue or amend rules and 
regulations may not be redelegated.
    3. In Sec. 15.4, the definitions of ``Assistant Administrator,'' 
``Case Examiner,'' ``List Official'' and ``Recommending Person'' are 
revised, and a new definition of ``Debarring Official'' is added in 
alphabetical order to read as follows:


Sec. 15.4  Definitions.

* * * * *
    Assistant Administrator means the Assistant Administrator for 
Administration and Resources Management, United States Environmental 
Protection Agency, or his or her designee.
* * * * *
    Case Examiner means a hearing examiner designated by the Debarring 
Official.
* * * * *
    Debarring Official means the Director, Office of Grants and 
Debarment, or his or her designee.
* * * * *
    Listing Official means the EPA official or officials designated by 
the Debarring official to carry out administrative functions pertaining 
to the listing or removal of a facility under this regulation.
* * * * *
    Recommending Person means the Director, Suspension and Debarment 
Division or his or her designated debarment counsel; a Regional 
Administrator; the Assistant Administrator for Air and Radiation; the 
Assistant Administrator for Water; a Governor; or a member of the 
public.
* * * * *
    4. Sections 15.11(c), 15.12(a) and 15.12(d) are amended by revising 
the six references to ``Assistant Administrator'' to read ``Debarring 
Official''.
    5. Section 15.13(a) is amended by removing the second sentence.
    6. Sections 15.13 paragraphs (c) and (d), and Sec. 15.14 are 
amended by: removing the eleven references to ``Case Examiner's 
decision'' and adding in their place the phrase ``Debarring Official's 
decision''; and by removing the four references to ``Case Examiner'' 
and adding in their place the phrase ``Debarring Official''.
    7. Section 15.15 is amended by removing the reference to 
``Assistant Administrator'' and adding in its place the phrase 
``Debarring Official''.
    8. Section 15.16 is amended by removing paragraph (c).
    9. Sections 15.20, 15.21, 15.22 and 15.23 are amended by removing 
the seven references to the ``Assistant Administrator'' and adding in 
their place ``Debarring Official'', and removing the single reference 
to ``Assistant Administrator's decision'' and adding in its place the 
phrase ``Debarring Official's decision''.
    10. Section 15.24(a) is amended by revising the first sentence to 
read as follows:


Sec. 15.24  Removal hearing.

    (a) A removal hearing shall be conducted by the Debarring Official 
or by a Case Examiner. * * *
    11. Section 15.24(c) is amended by removing the phrase ``Case 
Examiner's decision'' and adding in its place ``Debarring Official's 
decision''.
    12. Section 15.24(d) is amended by removing the references to 
``Case Examiner'', ``Administrator'' and ``Case Examiner's decision'' 
and adding in their place ``Debarring Official'', ``Assistant 
Administrator'' and ``Debarring Official's decision'', respectively.
    13. Section 15.25 is amended by: removing the four references to 
``Case Examiner'' in the heading, paragraph (a)(3) and paragraph (b), 
and adding in their place ``Debarring Official''; removing the four 
references to ``Case Examiner's decision'' in paragraphs (a) and (c) 
and adding in their place ``Debarring Official's decision''; and 
removing the four references to ``Administrator'' in paragraphs (a), 
(b) and (c) and adding in their place ``Assistant Administrator''.


Sec. 15.26  [Amended]

    14. Section 15.26 is amended by removing the references to 
``Assistant Administrator'', ``a Case Examiner'' and ``Administrator'' 
in paragraph (a) and adding in their place ``Debarring Official'', 
``the Debarring Official'' and ``Assistant Administrator'', 
respectively. Paragraph (b) is amended by removing the reference to 
``Assistant Administrator's decision'' and adding in its place 
``Debarring Official's decision''.


Sec. 15.27  [Amended]

    15. Section 15.27 is amended by removing the last sentence.


Sec. Sec. 15.32, 15.33  [Amended]

    16. Sections 15.32 and 15.33 are amended by removing the ten 
references to ``Assistant Administrator'' or ``Assistant 
Administrator's'' and adding in their place ``Debarring Official'' or 
``Debarring Official's'', respectively.
    17. Section 15.40 is revised to read as follows:


Sec. 15.40  Distribution of the List of Violating Facilities.

    The Listing Official shall provide the General Services 
Administration (GSA) with current information about all final mandatory 
and discretionary listing actions and final removal actions under this 
part. Such information shall be made available in the list of debarred, 
suspended, voluntarily excluded, and ineligible persons GSA is required 
by EO 12549 to compile, maintain, and distribute.
    18. Section 15.41 is amended by removing the five references to 
``Administrator'' and adding in their place ``Assistant 
Administrator''.
    19. The authority citation for part 32 is revised to read as 
follows:

    Authority: EO 12549; 41 U.S.C. 701 et seq.; 7 U.S.C. 136 et 
seq.; 15 U.S.C. 2601 et seq.; 20 U.S.C. 4011 et seq.; 33 U.S.C. 1251 
et seq.; 42 U.S.C. 300f, 4901, 6901, 7401, 9801 et seq.

    20. The heading of part 32 is revised to read as follows:

PART 32--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)

    21. Section 32.105 is amended by revising paragraphs (g)(3) and 
(t)(3) to read as follows:


Sec. 32.105  Definitions.

* * * * *
    (g) * * *
    (3) The Director, Office of Grants and Debarment, is the authorized 
Debarring Official.
* * * * *
    (t) * * *
    (3) The Director, Office of Grants and Debarment, is the authorized 
Suspending Official.
* * * * *
    22. Section 32.215 is amended by revising paragraph (a) to read as 
follows:


Sec. 32.215  Exception Provision.

* * * * *
    (a) The Director, Office of Grants and Debarment, is the official 
authorized to grant exceptions.


Sec. 32.335  Appeal.

    23. In Sec. 32.335 the second sentence of paragraph (a) is revised 
to read as follows:
    (a) * * * However, any party to the action may request the 
Assistant Administrator for Administration and Resources Management 
(Assistant Administrator), to review the findings of the Debarring 
Official by filing a request with the Assistant Administrator within 30 
calendar days of the party's receipt of the debarment determination, or 
its reconsideration. * * *
* * * * *


Sec. 32.335  [Amended]

    24. In paragraphs (b), (c), and (d) of Sec. 32.335, remove the four 
references to ``OA Director'' and add in their place ``Assistant 
Administrator.''


Sec. 32.430  Appeal.

    25. In Sec. 32.430 the second sentence of paragraph (a) is revised 
to read as follows:
    (a) * * * However, any party to the action may request the 
Assistant Administrator for Administration and Resources Management 
(Assistant Administrator), to review the findings of the suspending 
official by filing a request with the Assistant Administrator within 30 
calendar days of the party's receipt of the suspension determination, 
or its reconsideration. * * *
* * * * *


Sec. 32.430  [Amended]

    26. In paragraphs (b), (c), and (d) of Sec. 32.430, remove the four 
references to ``OA Director'' and add in their place ``Assistant 
Administrator.''

[FR Doc. 94-24640 Filed 10-4-94; 8:45 am]
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