[Federal Register Volume 72, Number 14 (Tuesday, January 23, 2007)]
[Rules and Regulations]
[Pages 2767-2769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-986]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
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  Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / 
Rules and Regulations  

[[Page 2767]]



NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

2 CFR Part 2600

36 CFR Parts 1206 and 1209

[DOCKET NUMBER: NARA-06-0010]
RIN 3095-AB56


National Archives and Records Administration Implementation of 
OMB Guidance on Nonprocurement Debarment and Suspension

AGENCY: National Archives and Records Administration (NARA).

ACTION: Final rule; request for comment.

-----------------------------------------------------------------------

SUMMARY: The National Archives and Records Administration is 
establishing a new Part 2600 in 2 CFR that adopts the Office of 
Management and Budget's (OMB's) guidance in 2 CFR Part 180, as 
supplemented by this new part, as NARA's policies and procedures for 
nonprocurement and debarment and suspension. NARA is removing 36 CFR 
part 1209, the part containing NARA's implementation of the government-
wide common rule on nonprocurement debarment and suspension. The new 
part in 2 CFR part 2600 will serve the same purpose as the common rule 
in a simpler way. This regulatory action is an administrative 
simplification that would make no substantive change in NARA's policy 
or procedures for nonprocurement debarment and suspension.

DATES: This final rule is effective February 28, 2007. Comments on this 
final rule must be received by February 22, 2007 at the address shown 
below. NARA intends to publish any changes to the rule resulting from 
this comment period before the February 28, 2007, effective date.

ADDRESSES: NARA invites interested persons to submit comments on this 
final rule. Please include ``Attn: RIN 3095-AB56'' and your name and 
mailing address in your comments. Comments may be submitted by any of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: Submit comments by facsimile transmission to 301-837-
0319.
     Mail: Send comments to Regulations Comments Desk (NPOL), 
Room 4100, Policy and Planning Staff, National Archives and Records 
Administration, 8601 Adelphi Road, College Park, MD 20740-6001.
     Hand Delivery or Courier: Deliver comments to 8601 Adelphi 
Road, College Park, MD.

FOR FURTHER INFORMATION CONTACT: Laura McCarthy at 301-837-3023 or fax 
number 301-837-0319.

SUPPLEMENTARY INFORMATION: On August 31, 2005, the Office of Management 
and Budget (OMB) issued interim final guidance for government-wide 
procurement suspension and debarment (70 FR 51863). This guidance, 
located in 2 CFR Part 180, is substantively the same as the common 
rule, but is published in a form that each agency can adopt, thus 
eliminating the need for each agency to publish its separate version of 
the same rule. It also facilitates the ability to update government-
side requirements without each agency having to re-promulgate its own 
rules.
    NARA's current regulation on nonprocurement suspension and 
debarment is found in 36 CFR Part 1209. In accordance with OMB's 
guidance, this final rule places NARA's nonprocurement debarment and 
suspension regulations in subtitle B of title 2 of the CFR, along with 
other agencies' nonprocurement debarment and suspension. The new 2 CFR 
part 2600 adopts the OMB guidelines with the same additions and 
clarifications that NARA made to the government-wide ``common rule'' on 
this subject issued November 26, 2003 (68 FR 66544, 66616). The 
substance of NARA's nonprocurement debarment and suspension regulations 
is unchanged.
    In light of the new part 2600, NARA is removing 36 CFR 1209, which 
is the current location for NARA's nonprocurement debarment and 
suspension regulations. NARA is also amending the section in 36 CFR 
part 1206 that provides the regulatory requirement provisions for the 
National Historical Publications and Records Commission (NHPRC) to 
reflect the new CFR location of these nonprocurement suspension and 
debarment requirements.
    Because the regulatory amendments to 2 CFR part 2600 are an 
administrative simplification and there are no substantive changes in 
NARA's policy or procedures for nonprocurement debarment and 
suspension, NARA is publishing the revisions as a final rule with 
request for comments and not as a proposed rule. If NARA receives 
comments that result in any changes to the proposed final rule, the 
changes will be published before the February 28, 2007, effective date.

Executive Order 12866

    OMB has determined this rule to be a nonsignificant regulatory 
action for the purposes of Executive Order 12866 and it has not been 
reviewed by the Office of Management and Budget.

Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))

    This final regulatory action will not have a significant adverse 
impact on a substantial number of small entities.

Unfunded Mandates 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.

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.

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.

[[Page 2768]]

List of Subjects

2 CFR Part 2600

    Administrative practice and procedures, Debarment and suspension, 
Grant programs, Reporting and recordkeeping requirements.

36 CFR Part 1206

    Archives and records, Grant programs--education, Reporting and 
recordkeeping requirements.

36 CFR Part 1209

    Administrative practice and procedure, Grant programs, Loan 
programs, Reporting and recordkeeping requirements.


0
Accordingly, under the authority of 44 U.S.C. 2104(a), NARA amends the 
Code of Federal Regulations, Title 2, Subtitle B, and Title 36 parts 
1206 and 1209, as follows:

Title 2--Grants and Agreements

0
1. Add Chapter 26, consisting of part 2600, to Subtitle B to read as 
follows:

Chapter 26--National Archives and Records Administration

PART 2600--NONPROCUREMENT DEBARMENT AND SUSPENSION

Sec.
2600.10 What does this part do?
2600.20 Does this part apply to me?
2600.30 What policies and procedures must I follow?
Subpart A--General
2600.137 Who in NARA may grant an exception to let an excluded 
person participate in a covered transaction?
Subpart B--Covered Transactions
2600.220 What contracts and subcontracts, in addition to those 
listed in 2 CFR 180.220, are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
2600.332 What methods must I use to pass requirements down to 
participants at lower tiers with whom I intend to do business?
Subpart D--Responsibilities of Federal Agency Officials Regarding 
Transactions
2600.437 What method do I use to communicate to a participant the 
requirements described in the OMB guidance at 2 CFR 180.435?
Subparts E-J--[Reserved]

    Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O. 
12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p. 
235; 44 U.S.C. 2104(a).


Sec.  2600.10  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 NARA's policies and procedures for nonprocurement debarment 
and suspension. It thereby gives regulatory effect for NARA 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 31 U.S.C. 
6101 note (Section 2455, Pub. L. 103-355, 108 Stat. 3327).


Sec.  2600.20  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 
Subpart B of 2 CFR part 180 and the definition of ``nonprocurement 
transaction'' at 2 CFR 180.970.
    (b) Respondent in a NARA suspension or debarment action.
    (c) NARA debarment or suspension official;
    (d) NARA grants officer, agreements officer, or other official 
authorized to enter into any type of nonprocurement transaction that is 
a covered transaction;


Sec.  2600.30  What policies and procedures must I follow?

    NARA policies and procedures that you must follow are the policies 
and procedures 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. 
The contracts that are covered transactions, for example, are specified 
by section 220 of the OMB guidance (i.e., 2 CFR 180.220) as 
supplemented by section 220 in this part (i.e., Sec.  2600.220). For 
any section of OMB guidance in Subparts A through I of 2 CFR 180 that 
has no corresponding section in this part, NARA policies and procedures 
are those in the OMB guidance.

Subpart A--General


Sec.  2600.137  Who in NARA may grant an exception to let an excluded 
person participate in a covered transaction?

    The Archivist of the United States or designee may grant an 
exception permitting an excluded person to participate in a particular 
covered transaction as provided in the OMB guidance at 2 CFR 180.135.

Subpart B--Covered Transactions


Sec.  2600.220  What contracts and subcontracts, in addition to those 
listed in 2 CFR 180.220, are covered transactions?

    Although the OMB guidance at 2 CFR 180.220(c) allows a Federal 
agency to do so (also see optional lower tier coverage in the figure in 
the Appendix to 2 CFR part 180), NARA does not extend coverage of 
nonprocurement suspension and debarment requirements beyond first-tier 
procurement contracts under a covered nonprocurement transaction.

Subpart C--Responsibilities of Participants Regarding Transactions


Sec.  2600.332  What methods must I use to pass requirements down to 
participants at lower tiers with whom I intend to do business?

    You as a participant must include a term or condition in lower-tier 
transactions requiring lower-tier participants to comply with Subpart C 
of the OMB guidance in 2 CFR part 180.

Subpart D--Responsibilities of Federal Agency Officials Regarding 
Transactions


Sec.  2600.437  What method do I use to communicate to a participant 
the requirements described in the OMB guidance at 2 CFR 180.435?

    To communicate to a participant the requirements described in 2 CFR 
180.435 of the OMB guidance, you must include a term or condition in 
the transaction that requires the participant's compliance with subpart 
C of 2 CFR part 180 and requires the participant to include a similar 
term or condition in lower-tier covered transactions.

Subparts E-J--[Reserved]

Title 36--Parks, Forests, and Public Property

Chapter XII--National Archives and Records Administration

PART 1206--[AMENDED]

0
2. The authority citation for part 1206 continues to read as follows:

    Authority: 44 U.S.C. 2104(a); 44 U.S.C. 2501-2506.


Sec.  1206.72  [Amended]

0
3. Amend Sec.  1206.72 by revising paragraph (a) to read as follows:


Sec.  1206.72  Where can I find the regulatory requirements that apply 
to NHPRC grants?

    (a) In addition to this part 1206, NARA has issued other 
regulations that apply to NHPRC grants in 36 CFR ch. XII, subchapter A 
and 2 CFR Part 2600.

[[Page 2769]]

Additionally you must comply with 2 CFR Part 180. NARA also applies the 
principles and standards in the following Office of Management and 
Budget (OMB) Circulars for NHPRC grants:
    (1) OMB Circular A-21, ``Cost Principles for Educational 
Institutions'';
    (2) OMB Circular A-87, ``Cost Principles for State, Local and 
Indian Tribal Governments'';
    (3) OMB Circular A-122, ``Cost Principles for Nonprofit 
Organizations''; and
    (4) OMB Circular A-133, ``Audits of States, Local Governments, and 
Nonprofit Organizations.''
* * * * *

PART 1209--[REMOVED]

0
4. Under authority 44 U.S.C. 2104(a); sec. 2455, Pub. L. 103-355, 108 
Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549 (3 CFR 1986 Comp., p. 
189); E.O. 12689 (3 CFR 1989 Comp., p. 235) part 1209 is removed.

    Dated: January 18, 2007.
Allen Weinstein,
Archivist of the United States.
[FR Doc. E7-986 Filed 1-22-07; 8:45 am]
BILLING CODE 7515-01-P