[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Rules and Regulations]
[Page 44770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20833]

[[Page 44770]]



48 CFR Part 2409

[Docket No. FR-5098-C-03]
RIN 2535-AA28

HUD Acquisition Regulation (HUDAR) Debarment and Suspension 
Procedures; Correcting Amendment

AGENCY: Office of the Secretary, HUD.

ACTION: Correcting amendment.


SUMMARY: This document amends HUD's regulations on debarment, 
suspension and ineligibility to correct cross-references to reflect 
changes made in previous rulemakings. A final rule, which was published 
on October 29, 2007, amended HUD's Acquisition Regulation (HUDAR), 
codified at title 48 of the Code of Federal Regulations (CFR), to 
include the debarment and suspension procedures specifically applicable 
to HUD's procurement contracts. Subsequent to the October 2007 final 
rule, HUD issued regulations that moved HUD's debarment and suspension 
regulations from 24 CFR part 24 to 2 CFR part 2424. At that time, HUD 
also adopted, by cross-reference, the governmentwide debarment and 
suspension regulations at 2 CFR part 180.
    This correcting amendment revises the HUDAR at 48 CFR 2409.7001 to 
refer to the debarment and suspension regulations now located at 2 CFR 
parts 2424 and 180.

DATES: Effective Date: This correcting amendment is effective as of 
August 31, 2009.

FOR FURTHER INFORMATION CONTACT: Dane Narode, Associate General Counsel 
for Program Enforcement, Department of Housing and Urban Development, 
1250 Maryland Avenue, SW., Suite 200, Washington DC 20024-0500; 
telephone number 202-708-2350 (this is not a toll-free number). 
Hearing- or speech-impaired individuals may access the telephone number 
listed above by calling the toll-free Federal Information Relay Service 
at 800-877-8339.

SUPPLEMENTARY INFORMATION: On December 27, 2007, HUD published a final 
rule titled ``Implementation of OMB Guidance on Nonprocurement 
Debarment and Suspension'' (72 FR 73487). The December 27, 2007, final 
rule moved HUD's debarment and suspension regulations from 24 CFR part 
24 to 2 CFR part 2424 effective January 28, 2008, consistent with 
directions of the Office of Management and Budget (OMB) to all federal 
agencies to relocate agency-specific debarment and suspension 
regulations to a new title 2 of the CFR. The December 27, 2007, final 
rule also adopted the OMB governmentwide guidance on nonprocurement 
debarment and suspension, codified in 2 CFR part 180, along with HUD-
specific amendments, including several conforming amendments throughout 
HUD's regulations. Many of these changes were revisions to cross-
references required by the fact that many HUD regulations referred to 
HUD's debarment and suspension regulations, formerly codified at 24 CFR 
part 24, and these regulations needed updating to refer to 2 CFR part 
2424. Specifically, HUD's acquisition regulation at 48 CFR 2409.7001 
contains HUD's regulation on debarment and suspension but cross-
references HUD's former nonprocurement debarment regulations at 24 CFR 
part 24, and states that, notwithstanding language to the contrary at 
former 24 CFR 24.220(a)(1), the nonprocurement regulations at 24 CFR 
part 24 also apply to HUD's debarment and suspensions in the realm of 
procurement acquisition.
    Accordingly, this correcting amendment revises the cross-reference 
to 24 CFR part 24 to cross-reference those regulations in their current 
location, 2 CFR parts 180 and 2424. This change does not change the 
substantive meaning or impact of any of HUD's regulations, but solely 
corrects an incorrect cross-reference. A member of the public relying 
on the cross-reference in 48 CFR 2409.7001 would still be directed to 
the correct regulations, as 24 CFR part 24 now reads, in its entirety, 
``The policies, procedures, and requirements for debarment, suspension, 
and limited denial of participation are set forth in 2 CFR part 2424.'' 
Part 2424, in turn, refers to part 180. While the meaning is the same, 
correcting this cross-reference is obviously more convenient for the 

List of Subjects in 48 CFR Part 2409

    Government procurement.

Accordingly, for the reasons described in the preamble, 48 CFR part 
2409 is corrected by making the following correcting amendment:


    1. The authority citation continues to read as follows:

    Authority:  40 U.S.C. 486(c); 42 U.S.C. 3535(d).

Subpart 2409.70--Debarment, Suspension, and Ineligibility

2. Revise Sec.  2409.7001 to read as follows:

2409.7001  HUD regulations on debarment, suspension, and ineligibility.

    HUD's policies and procedures concerning debarment and suspension 
are contained in 2 CFR parts 180 and 2424 and, notwithstanding 2 CFR 
180.220(a)(1), apply to procurement contracts.

    Dated: August 20, 2009.
Shaun Donovan,
[FR Doc. E9-20833 Filed 8-28-09; 8:45 am]