[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Rules and Regulations]
[Pages 46529-46530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18207]



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 Rules and Regulations
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  Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Rules 
and Regulations  

[[Page 46529]]



NATIONAL FOUNDATION FOR THE ARTS AND HUMANITIES

2 CFR Part 3185

45 CFR Part 1185

RIN 3137-AA18


Institute of Museum and Library Services Implementation of OMB 
Guidance on Nonprocurement Debarment and Suspension

AGENCY: National Foundation for the Arts and Humanities; Institute of 
Museum and Library Services.

ACTION: Direct final rule.

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SUMMARY: The Institute of Museum and Library Services (IMLS) implements 
Office of Management and Budget (OMB) guidance on nonprocurement 
suspension and debarment, issued on August 31, 2005 [70 FR 51863], by 
adopting the guidelines in a new part in title 2 of the CFR, the 
Government-wide title recently established for OMB guidance on grants 
and agreements, and removing 45 CFR part 1185, the part containing the 
IMLS implementation of the government-wide common rule on 
nonprocurement debarment and suspension. This regulatory action would 
make no substantive change in IMLS policy or procedures for 
nonprocurement debarment and suspension.

DATES: The effective date for this final rule is September 19, 2008.

FOR FURTHER INFORMATION CONTACT: Institute of Museum and Library 
Services, ATTN: Office of the General Counsel, 1800 M Street, NW., 9th 
Floor, Washington, DC 20036; or Calvin D. Trowbridge III, (202) 653-
4675. Hearing-impaired individuals are advised that information on this 
matter may be obtained by contacting the IMLS TTY Phone on (202) 653-
4614.

SUPPLEMENTARY INFORMATION: This final rule implements the OMB guidance 
and does not make any changes in current policies and procedures. IMLS 
is not soliciting public comment on this rule and is instead issuing 
this rule as a direct final rule. Under 5 U.S.C. 553(b)(3)(A) agencies 
are not required to undergo notice and comment procedure for 
``interpretative rules, general statements of policy, or rules of 
agency organization, procedure, or practice.'' Because this rule adopts 
OMB's published guidelines, which followed notice and comment 
procedures, and collocates IMLS' specific nonprocurement suspension and 
debarment rules to title 2 of the CFR, we believe that it falls under 
the exception cited above.

Executive Order 12866

    This rule is not significant because the replacement of the common 
rule with OMB guidance and a brief IMLS adopting regulation does not 
make any changes in current policies and procedures.

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

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

Unfunded Mandates Act 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.

List of Subjects

2 CFR Part 3185

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

45 CFR Part 1185

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

0
Accordingly, under the authority of 20 U.S.C. 9103(f), IMLS amends 
Title 2, Subtitle B, and Title 45, Chapter 1185, of the Code of Federal 
Regulations as follows:

Title 2--Grants and Agreements

0
1. Add Chapter XXXI to Subtitle B to read as follows:

Chapter XXXI--Institute of Museum and Library Services

PART 3185--NONPROCUREMENT DEBARMENT AND SUSPENSION

Sec.
3185.10 What does this part do?
3185.20 Does this part apply to me?
3185.30 What policies and procedures must I follow?
Subpart A--General
3185.137 Who in IMLS may grant an exception to let an excluded 
person participate in a covered transaction?
Subpart B--Covered Transactions
3185.220 What contracts and subcontracts, in addition to those 
listed in 2 CFR 180.220, are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
3185.332 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
3185.437 What method do I use to communicate to a participant the 
requirements described in the OMB guidance at 2 CFR 180.435?
Subpart E-I--[Reserved]

    Authority: 20 U.S.C. 9103(f); 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.

[[Page 46530]]

Sec.  3185.10  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 the Institute of Museum and Library Services (IMLS) policies 
and procedures for nonprocurement debarment and suspension. It thereby 
gives regulatory effect for IMLS 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.  3185.20  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 an IMLS suspension or debarment action.
    (c) IMLS debarment or suspension official;
    (d) IMLS grants officer, agreements officer, or other official 
authorized to enter into any type of nonprocurement transaction that is 
a covered transaction.


Sec.  3185.30  What policies and procedures must I follow?

    The IMLS 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.  3185.220). For 
any section of OMB guidance in Subparts A through I of 2 CFR 180 that 
has no corresponding section in this part, IMLS policies and procedures 
are those in the OMB guidance.

Subpart A--General


Sec.  3185.137  Who in the IMLS may grant an exception to let an 
excluded person participate in a covered transaction?

    The IMLS Director has the authority to grant an exception to let an 
excluded person participate in a covered transaction, as provided in 
the OMB guidance at 2 CFR 180.135.

Subpart B--Covered Transactions


Sec.  3185.220  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), IMLS 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.  3185.332  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, as supplemented by this subpart.

Subpart D--Responsibilities of Federal Agency Officials Regarding 
Transactions


Sec.  3185.437  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, as supplemented by Subpart C of this part, and 
requires the participant to include a similar term or condition in 
lower-tier covered transactions.

Subpart E-I--[Reserved]

Title 45 Public Welfare

Chapter XI--National Foundation for the Arts and the Humanities

PART 1185--[REMOVED]

0
2. Under authority Sec. 2455, Public Law 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 1185 is removed.

Calvin D. Trowbridge III,
Deputy General Counsel, Institute of Museum and Library Services.
 [FR Doc. E8-18207 Filed 8-8-08; 8:45 am]
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