[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Rules and Regulations]
[Pages 27923-27925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11844]



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  Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Rules 
and Regulations  

[[Page 27923]]



NUCLEAR REGULATORY COMMISSION

2 CFR Chapter XX

[NRC-2010-0005]
RIN 3150-AI76


Nonprocurement Debarment and Suspension

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is issuing new 
regulations governing nonprocurement debarment and suspension. These 
regulations cover grants, cooperative agreements and other 
nonprocurement transactions and adopt and supplement, to a limited 
extent, Office of Management and Budget (OMB) guidance on 
nonprocurement debarment and suspension found in OMB's regulations.

DATES: Effective June 18, 2010.

ADDRESSES: You can access publicly available documents related to this 
document using the following methods: NRC's Public Document Room (PDR): 
The public may examine and have copied for a fee publicly available 
documents at the NRC's PDR, Room O1 F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
[email protected].
    Federal Rulemaking Web site: Supporting materials related to this 
final rule can be found at http://www.regulations.gov by searching on 
Docket ID: NRC-2010-0005.

FOR FURTHER INFORMATION CONTACT: Ruth Kowarski Cooke, Senior Attorney, 
Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, Telephone 301-415-3412, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 11, 2004 (69 FR 26275), OMB issued guidance governing 
Government-wide Grants and Agreements which it published in 2 CFR. This 
title has two subtitles. Subtitle A, ``Government-wide Grants and 
Agreements,'' contains OMB policy guidance to Federal agencies on 
grants and agreements. Subtitle B, ``Federal Agency Regulations for 
Grants and Agreements,'' contains the regulations promulgated by 
Federal agencies where the OMB guidance is implemented.
    On August 31, 2005 (70 FR 51863), OMB published interim final 
guidance for government-wide nonprocurement debarment and suspension in 
the Federal Register. The interim final guidance updated previous OMB 
guidance that was issued under Executive Order (EO) 12549, ``Debarment 
and Suspension'' (February 18, 1986), which gave government-wide effect 
to each Executive agency's nonprocurement debarment and suspension 
actions.
    Section 6 of the EO authorized OMB to issue guidance to Executive 
agencies on nonprocurement debarment and suspension, including 
provisions prescribing government-wide criteria and minimum due process 
procedures. Section 3 directed Executive agencies to issue regulations 
implementing the EO that are consistent with the OMB guidelines. OMB's 
interim final guidance was published in 2 CFR part 180 in a form 
suitable for agency adoption, thus eliminating the need for each agency 
to repeat the full text of the OMB government-wide guidance in its 
implementing regulations. This approach makes it easier for recipients 
of covered transactions or respondents in debarment or suspension 
actions to locate the applicable requirements, reduces the volume of 
regulations, and streamlines the process for updating the 
governmentwide requirements on nonprocurement debarment and suspension. 
On November 15, 2006 (71 FR 66431), OMB published a final rule adopting 
the interim final guidance with changes.
    Although the NRC is not required to promulgate regulations on this 
subject, as NRC is not an ``executive agency'' for purposes of 
Executive Order 12549 or Executive Order 12689, it has chosen to do so. 
NRC is adopting the governmentwide debarment and suspension system 
requirements 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).
    This final rule places NRC's nonprocurement debarment and 
suspension regulations in subtitle B of 2 CFR, along with other 
agencies' nonprocurement debarment and suspension rules. This action is 
in conformance with OMB final guidance.
    The NRC therefore is promulgating 2 CFR part 2000, which adopts the 
OMB guidance presented in 2 CFR part 180 as supplemented with a few 
agency-specific provisions.

II. Rulemaking Procedure

    The Nuclear Regulatory Commission is promulgating this final rule 
without affording the opportunity for public comment. 5 U.S.C. 
553(a)(2) provides that notice and comment is not necessary when the 
rulemaking action concerns a matter relating to grants, benefits or 
contracts or to a matter relating to agency management or personnel.

III. Section-by-Section Analysis

Section 2000.10 What does this part do?

    This section explains that NRC, acting under its discretionary 
authority, is promulgating a regulation adopting OMB's guidance on 
nonprocurement debarment and suspension found in 2 CFR part 180 for 
programs and activities involving Federal financial and nonfinancial 
assistance and benefits. The NRC is giving regulatory effect to

[[Page 27924]]

OMB guidance set forth at subpart A of 2 CFR part 180.

Section 2000.20 Does this part apply to me?

    This section identifies who is covered by the debarment and 
suspension regulations. It also identifies which NRC officials are 
responsible for implementing this regulation.

Section 2000.30 What policies and procedures must I follow?

    This section adopts the policies and procedures set forth in 2 CFR 
part 180. This section also explains the numbering used in these 
regulations.

Section 2000.135 Who in the Nuclear Regulatory Commission may grant an 
exception to let an excluded person participate in a covered 
transaction?

    This section supplements guidance contained in 2 CFR 180.135 by 
identifying the NRC Director of the Office of Administration as the NRC 
official who has the authority to grant exceptions to a suspension or 
debarment action, thereby allowing for participation of a person in a 
particular covered transaction.

Section 2000.220 What contracts and subcontracts, in addition to those 
listed in 2 CFR 180.220, are covered transactions?

    This section supplements covered transaction guidance contained in 
2 CFR 180.220 by explaining that NRC has chosen not to extend the 
coverage of nonprocurement suspension and debarment requirements beyond 
first-tier procurement contracts that are covered by 2 CFR 180.220.

Section 2000.330 What method must I use to pass requirements down to 
participants at lower tiers with whom I intend to do business?

    This section requires NRC employees to include a term or condition 
in every nonprocurement agreement requiring compliance with the 
verification responsibilities set forth at subpart C of 2 CFR part 180. 
The section also requires that the verification requirement be passed 
through to all lower level agreements between the nonprocurement 
agreement holder and its subcontractors.

Section 2000.930 Debarring Official

    This section provides that the NRC debarring official, who is 
authorized to debar an entity from entering into a covered transaction, 
is the Director of the Office of Administration.

Section 2000.1010 Suspending Official

    This section provides that the NRC's suspending official, who is 
authorized to suspend entity from entering into a covered transaction, 
is the Director of the Office of Administration.

IV. Environmental Impact: Categorical Exclusion

    The Commission has determined that this rule is the type of action 
described in categorical exclusion 10 CFR 51.229(c)(1). This rule makes 
non-substantive changes to NRC's nonprocurement debarment and 
suspension procedures. Accordingly, neither an environmental assessment 
nor an environmental impact statement is required.

V. Paperwork Reduction Act

    This regulatory action will not impose any additional reporting or 
recordkeeping requirements under the Paperwork Reduction Act.

VI. Backfit Analysis

    The NRC has determined that this rulemaking does not contain 
provisions which constitute backfitting as defined in any of the NRC's 
backfitting provisions in 10 CFR Title I, nor are these provisions 
inconsistent with the issue resolution and finality provisions in 10 
CFR part 52. The requirements in the rulemaking address the NRC's 
policies and procedures for nonprocurement debarment and suspension, 
and as such, do not constitute new requirements or changes to 
requirements governing the design, the organization of licensees, or 
procedures of licensees for operating facilities or conducting licensed 
activities as defined in the backfitting provisions in 10 CFR Chapter 
I.

VII. Congressional Review Act

    In accordance with the Congressional Review Act of 1996, the NRC 
has determined that this action is not a major rule and has verified 
this determination with the Office of Information and Regulatory 
Affairs of OMB.

List of Subjects for 2 CFR Part 2000

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

0
For the reasons set out in the preamble and under the authority of the 
Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 
1974, as amended; and 5 U.S.C. 552 and 553, the NRC is amending Title 2 
Subtitle B by adding Chapter XX consisting of part 2000 to read as 
follows:

CHAPTER XX--UNITED STATES NUCLEAR REGULATORY COMMISSION

PART 2000--NONPROCUREMENT DEBARMENT AND SUSPENSION

Subpart A--General
Sec.
2000.10 What does this part do?
2000.20 Does this part apply to me?
2000.30 What policies and procedures must I follow?
2000.135 Who in the Nuclear Regulatory Commission may grant an 
exception to let an excluded person participate in a covered 
transaction?
Subpart B--Covered Transactions
2000.220 What contracts and subcontracts, in addition to those 
listed in 2 CFR 180.220, are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
2000.330 What method must I use to pass requirements down to 
participants at lower tiers with whom I intend to do business?
Subpart D-H [Reserved]
Subpart I--Definitions
2000.930 Debarring official.
2000.1010 Suspending official.


    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; 5 U.S.C. 301 and 10 U.S.C. 113.

Subpart A--General


Sec.  2000.10  What does this part do?

    This part promulgates a regulation adopting the Office of 
Management and Budget (OMB) guidance in subparts A through I of 2 CFR 
part 180, establishing the United States Nuclear Regulatory Commission 
(NRC) policies and procedures for nonprocurement debarment and 
suspension. NRC thereby gives regulatory effect to the OMB guidance. It 
also supplements the OMB guidance by identifying NRC implementing 
officials and identifying how to pass these requirements through to 
other entities.


Sec.  2000.20  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:
    (a) Participant or principal in a ``covered transaction'';
    (b) Respondent in an NRC nonprocurement suspension or debarment 
action;
    (c) NRC debarment or suspension official; or
    (d) NRC grants officer, agreements officer, or other official 
authorized to

[[Page 27925]]

enter into a covered nonprocurement transaction.


Sec.  2000.30  What policies and procedures must I follow?

    (a) The NRC 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, and those in this 
part. The NRC has closely tracked OMB's numbering scheme. For example, 
the contracts under a nonprocurement transaction that are covered 
transactions that are in section 220 of the OMB guidance (i.e., 2 CFR 
180.220) are found in Sec.  2000.220.
    (b) For any section of OMB guidance in subparts A through I of 2 
CFR part 180 that has no corresponding section in this part, NRC 
requirements are those in the OMB guidance at 2 CFR part 180.


Sec.  2000.135  Who in the Nuclear Regulatory Commission may grant an 
exception to let an excluded person participate in a covered 
transaction?

    The Director, Office of Administration or another official 
designated by the Director, has the authority to grant a written 
exception to let an excluded person participate in a covered 
transaction, as provided in guidance at 2 CFR 180.135. The Director or 
other official designated by the Director shall explain the reason(s) 
for deviating from the governmentwide policy.

Subpart B--Covered Transactions


Sec.  2000.220  What contracts and subcontracts, in addition to those 
listed in 2 CFR 180.220, are covered transactions?

    The NRC nonprocurement suspension and debarment requirements apply 
only to first-tier procurement contracts under a covered nonprocurement 
transaction.

Subpart C--Responsibilities of Participants Regarding Transactions


Sec.  2000.330  What method must be used to pass requirements down to 
participants at lower tiers?

    A participant in a covered transaction must include a term or 
condition in any lower-tier covered transaction to require the 
participant of that transaction to--
    (a) Comply with subpart C of the OMB guidance in 2 CFR part 180; 
and
    (b) Include a similar term or condition in any covered transaction 
into which it enters at the next lower tier.

Subpart E-H [Reserved]

Subpart I--Definitions


Sec.  2000.930  Debarring official.

    The Debarring Official for the United States Nuclear Regulatory 
Commission is the Director, Office of Administration.


Sec.  2000.1010  Suspending official.

    The suspending official for the United States Nuclear Regulatory 
Commission is the Director, Office of Administration.

    Dated at Rockville, Maryland, this 30th day of April 2010.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2010-11844 Filed 5-18-10; 8:45 am]
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