[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Rules and Regulations]
[Page 35349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12225]



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 Rules and Regulations
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  Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Rules 
and Regulations  

[[Page 35349]]



DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

2 CFR Part 376

45 CFR Parts 74 and 76


Implementation of the Office of OMB Guidance on Nonprocurement 
Debarment and Suspension

AGENCY: Department of Health and Human Services.

ACTION: Final rule.

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SUMMARY: The Department of Health and Human Services (``HHS'' or the 
``Department'') adopted, by an interim final rule, the Office of 
Management and Budget (OMB) guidance at 2 CFR part 180 on 
nonprocurement debarment and suspension including some provisions 
specific to HHS. Public comment on this action was solicited in a 
Federal Register notice dated March 1, 2007. No comments were received; 
therefore, the Department makes no changes to its interim final rule 
and it remains in effect as of March 1, 2007. Pursuant to the 
requirements in OMB guidance, HHS makes final the following regulatory 
actions: Removes its existing regulation on nonprocurement debarment at 
45 CFR part 76, establishes a new part 376 in title 2 Code of Federal 
Regulations (CFR) adopting OMB's guidance and adding provisions 
specific to HHS, and revises the reference in 45 CFR 74.13 to reflect 
the new citation to 2 CFR part 376.

DATES: Effective June 28, 2007.

FOR FURTHER INFORMATION CONTACT: Nancy Weisman, Office of Grants 
Policy, Oversight and Evaluation, U.S. Department of Health and Human 
Services, at (202) 260-4573, or e-mail her at [email protected].

SUPPLEMENTARY INFORMATION:

I. Procedural Review Requirements

A. Executive Order 12866, Regulatory Planning and Review

    HHS has determined that 2 CFR part 376 is not a significant 
regulatory action.

B. Regulatory Flexibility Act

    HHS certifies this rulemaking will not have a significant economic 
effect on a substantial number of small entities under the Regulatory 
Flexibility Act [5 U.S.C. 605(b)]. Therefore, no regulatory flexibility 
statement has been prepared. Since this rule relocates existing HHS 
nonprocurement and debarment policies or procedures and does not 
promulgate any new policies and procedures that would impact the 
public, it has been determined that this rule will not have a 
significant economic effect on a substantial number of small entities, 
and, thus, a regulatory flexibility analysis was not performed.

C. Unfunded Mandates Reform Act

    HHS has determined that 2 CFR 376 does not contain a Federal 
mandate under 2 U.S.C. 1501(7) that may result in the expenditure by 
State, local and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more in any one year.

D. Paperwork Reduction Act

    The Paperwork Reduction Act, 44 U.S.C. 35, does not apply because 
the issuance of 2 CFR part 376 does not impose any new reporting or 
recordkeeping requirements that require approval by OMB.

E. Executive Order 13132, Federalism

    This regulation does not have federalism implications, as set forth 
in Executive Order 13132. This regulation does not have substantial 
direct effects on the states, the relationship between the Federal 
government and the states, or the distribution of power and 
responsibilities among the various levels of government.

List of Subjects

2 CFR Part 376

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

45 CFR Part 74

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Indians, Intergovernmental relations, Nonprofit organizations, 
Reporting and recordkeeping requirements.

45 CFR Part 76

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

    Dated: June 18, 2007.
Michael O. Leavitt,
Secretary.

0
Accordingly, under the authority of 5 U.S.C. 301; 31 U.S.C. 6101 
(note); E.O. 12689 (3 CFR, 1989 Comp., p. 235); E.O. 12549 (3 CFR, 1986 
Comp., p. 189); E.O. 11738 (3 CFR, 1973 Comp., p. 799), the interim 
rule amending 2 CFR part 376 and 45 CFR parts 74 and 76 which was 
published at 72 FR 9233 on March 1, 2007, is adopted as a final rule 
without change.

[FR Doc. E7-12225 Filed 6-27-07; 8:45 am]
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