[Federal Register Volume 73, Number 144 (Friday, July 25, 2008)]
[Rules and Regulations]
[Pages 43347-43348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16902]



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 Rules and Regulations
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  Federal Register / Vol. 73, No. 144 / Friday, July 25, 2008 / Rules 
and Regulations  

[[Page 43347]]


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SMALL BUSINESS ADMINISTRATION

2 CFR Part 2700

RIN 3245-AF76


Amendments to the Definition of the Nonprocurement Suspension and 
Debarment Officials

AGENCY: U.S. Small Business Administration.

ACTION: Direct final rule.

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SUMMARY: The U.S. Small Business Administration (SBA or Agency) is 
making two technical changes to the regulations pertaining to grants 
and agreements. SBA is amending the definitions for the debarring 
official and the suspending official for nonprocurement debarment and 
suspension actions for programs other than the financial assistance 
programs. Currently the debarring official and the suspending official 
for all programs other than financial assistance is the Director of the 
Office of Business Operations. This rule will change the debarring 
official and suspending official to the Associate General Counsel for 
Procurement Law. SBA is also amending its regulations to change the 
title of the Agency's Office of Lender Oversight to the Office of 
Credit Risk Management.

DATES: This rule is effective September 8, 2008, without further 
action, unless SBA receives a significant adverse comment by August 25, 
2008. If SBA receives any significant adverse comments, the Agency will 
publish a timely withdrawal of this rule in the Federal Register.

ADDRESSES: You may submit comments, identified by RIN: 3245-AF76, by 
any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting documents.
     Mail, for paper, disk, or CD-ROM submissions: Lara Hudson, 
Office of General Counsel, 409 Third Street, SW., Washington, DC 20416.
     Hand Delivery/Courier: Lara Hudson, Office of General 
Counsel, 409 Third Street, SW., Washington, DC 20416.
    SBA will post all comments on http://www.regulations.gov. If you 
wish to submit confidential business information (CBI) as defined in 
the User Notice at http://www.regulations.gov, please submit the 
information to Lara Hudson, Office of General Counsel, 409 Third 
Street, SW., Washington, DC 20416, or send an e-mail to 
[email protected], and highlight the information that you consider to 
be CBI and explain why you believe SBA should hold this information as 
confidential. SBA will review the information and make its final 
determination of whether it will publish the information or not.

FOR FURTHER INFORMATION CONTACT: Lara Hudson, Attorney Advisor, Office 
of General Counsel, U.S. Small Business Administration, 409 Third St., 
SW., Washington, DC 20416, telephone 202-619-0563 and e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: On September 18, 2007 SBA moved the 
regulations pertaining to nonprocurement debarment and suspension from 
title 13 of the Code of Federal Regulations (CFR) to title 2 of the 
CFR. 72 FR 39727. The regulations state that the debarring official and 
the suspending official for non procurement financial assistance 
programs is the Director of the Office of Lender Oversight. The 
regulations also state that the debarring official and suspending 
official for all other non procurement programs is the Director of the 
Office of Business Operations. SBA is amending its regulations to 
reflect the new title of the Agency's Office of Lender Oversight. That 
office is now known as the Office of Credit Risk Management. No changes 
are made to the responsibilities, reporting relationships, or other 
regulatory duties of that office.
    SBA is also amending the designation for the debarring and 
suspending official for all other nonprocurement programs from the 
Director of the Office of Business Operations to the Associate General 
Counsel for Procurement Law. The purpose for this change is to conform 
SBA's debarring and suspending official to those commonly used across 
the Federal Government. The substance of SBA's nonprocurement debarment 
and suspension regulations are unchanged.

Consideration of Comments

    This is a direct final rule and SBA will review all comments. SBA 
believes that this rule is routine and non-controversial, and SBA 
anticipates no significant adverse comments to this rulemaking. If SBA 
receives any significant adverse comments, it will publish a timely 
withdrawal of this direct final rule.

Compliance With Executive Orders 12866, 12988, 13132 and the Regulatory 
Flexibility Act (5 U.S.C. 601-612), and the Paperwork Reduction Act (44 
U.S.C. Ch. 35)

    The Office of Management and Budget (OMB) has determined that this 
rule does not constitute a significant regulatory action under 
Executive Order 12866.
    This action meets applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden. The action does not 
have retroactive or preemptive effect.
    The final rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Therefore, for the purposes of Executive 
Order 13132, Federalism, SBA determines that this final rule has no 
federalism implications warranting preparation of a federalism 
assessment.
    SBA has determined that this final rule does not impose additional 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act, 44 U.S.C., Chapter 35.
    SBA certifies that this proposed rule would not have a significant 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601-612. The proposed rule 
contains amendments to SBA's rules concerning certification, continued 
eligibility, and contracting under the 8(a) BD program. Any economic 
impact would be minimal and would not affect a significant number of 
small entities. It is not likely to have an

[[Page 43348]]

annual economic effect of $100 million or more, result in a major 
increase in costs or prices, or have a significant adverse effect on 
competition or the United States economy.

List of Subjects in 2 CFR Part 2700

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

0
For the reasons set forth in the preamble, SBA amends 2 CFR Part 2700 
as follows:

PART 2700--NONPROCUREMENT DEBARMENT AND SUSPENSION

0
1. The authority citation for part 2700 continues to read as follows:

    Authority: 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, 1986 Comp., p. 235); 15 U.S.C. 634(b)(6).


Sec. Sec.  2700.137, 2700.930, and 2700.1010  [Amended]

0
2. In 2 CFR Part 2700 remove the words ``Office of Lender Oversight'' 
and add in their place the words ``Office of Credit Risk Management'' 
in the following places:
0
a. Section 2700.137.
0
b. Section 2700.930.
0
c. Section 2700.1010.


Sec. Sec.  2700.930 and 2700.1010  [Amended]

0
3. In addition to the amendments set forth above, in 2 CFR Part 2700 
remove the words ``Director of the Office of Business Operations'' and 
add in its place the words ``Associate General Counsel for Procurement 
Law'' in the following places:
0
a. Section 2700.137.
0
b. Section 2700.930.
0
c. Section 2700.1010.

Jovita Carranza,
Acting Administrator.
 [FR Doc. E8-16902 Filed 7-24-08; 8:45 am]
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