[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Rules and Regulations]
[Pages 12915-12916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05569]



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  Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules 
and Regulations  

[[Page 12915]]



AGENCY FOR INTERNATIONAL DEVELOPMENT

2 CFR Part 780

RIN 0412-AA77


Administrative Changes to the USAID Regulation on Nonprocurement 
Debarment and Suspension

AGENCY: U.S. Agency for International Development.

ACTION: Direct final rule.

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SUMMARY: The U.S. Agency for International Development (USAID) is 
amending its regulations regarding nonprocurement debarment and 
suspension to revise the designation of the Agency official who will 
serve as the Agency's Suspending Official and Debarring Official and 
also to revise the designation of the individual who may grant an 
exception to let an excluded person participate in a covered 
transaction.

DATES: This rule is effective June 10, 2015 without further action, 
unless adverse comments are received by April 13, 2015. Submit comments 
on or before April 13, 2015.

ADDRESSES: Address all comments concerning this notice to Marcelle J. 
Wijesinghe, Bureau for Management, Office of Acquisition and 
Assistance, Policy Division (M/OAA/P), Room 867J, SA-44, Washington, DC 
20523-2052. Submit comments, identified by title of the action and 
Regulatory Information Number (RIN) by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: Submit electronic comments to both [email protected] and 
[email protected]. See SUPPLEMENTARY INFORMATION for file formats and 
other information about electronic filing.
    Mail: USAID, Bureau for Management, Office of Acquisition & 
Assistance, Policy Division, Room 867J, SA-44, Washington, DC 20523-
2052.

FOR FURTHER INFORMATION CONTACT: Lyudmila Bond, Telephone: 202-567-4753 
or Email: [email protected].

SUPPLEMENTARY INFORMATION: 

A. Instructions

    All comments must be in writing and submitted through one of the 
methods specified in the ADDRESSES section above. All submissions must 
include the title of the action and RIN for this rulemaking. Please 
include your name, title, organization, postal address, telephone 
number, and email address in the text of the message.
    Comments submitted by email must be included in the text of the 
email or attached as a PDF file. Please avoid using special characters 
and any form of encryption. Please note, however, that because security 
screening precautions have slowed the delivery and dependability of 
surface mail to USAID/Washington, USAID recommends sending all comments 
to the Federal eRulemaking Portal.
    All comments will be made available for public review without 
change, including any personal information provided, from three 
workdays after receipt to finalization of the action at http://www.regulations.gov. Do not submit information that you consider 
Confidential Business Information (CBI) or any information that is 
otherwise protected from disclosure by statute.
    USAID is publishing this revision as a direct final rule as the 
Agency views this as an administrative amendment and does not 
anticipate any adverse comments. This rule will be effective on the 
date specified in the Dates section above without further notice unless 
adverse comment(s) are received by the date specified in the Dates 
section above. If adverse comments are received, USAID will publish a 
timely withdrawal of the rule in the Federal Register. Only comments 
that explain why the rule would be inappropriate, ineffective or 
unacceptable without a change will be considered.

B. Background

    The following changes are implemented by this final rule:
    (1) To enhance and elevate the independent authority of the 
suspending and debarring official (SDO) at USAID, the Agency is 
transferring the duties of the SDO from the procurement office to the 
Assistant Administrator, Bureau for Management or designee. This rule 
is implementing this change as applicable to nonprocurement debarment 
and suspension.
    (2) The authorities to grant an exception permitting an excluded 
person to participate in a particular covered transaction, previously 
delegated to the Director of the Office of Acquisition and Assistance 
is re-delegated to the Assistant Administrator, Bureau for Management 
or designee.

C. Regulatory Planning and Review

    This rule has been determined to be ``nonsignificant'' under the 
Executive Order 12866, Regulatory Planning and Review, dated September 
30, 1993 and, therefore, is not subject to review. This rule is not a 
major rule under 5 U.S.C. 804.

D. Regulatory Flexibility Act

    The U.S. Agency for International Development certifies that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the revisions of this 
rule will not impose any costs on either small or large businesses; 
therefore, an Initial Regulatory Flexibility Analysis has not been 
performed.

List of Subjects in 2 CFR Part 780

    Federal grant program.

    For the reasons discussed in the preamble, USAID amends 2 CFR part 
780, subparts A and I as set forth below:

PART 780--NONPROCUREMENT DEBARMENT AND SUSPENSION

0
1. The authority citations for 2 CFR part 780 continue to read as 
follows:

    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.

Subpart A--General

0
2. Revise Sec.  780.137 to read as follows:


Sec.  780.137  Who in USAID may grant an exception to let an excluded 
person participate in a covered transaction?

    The Assistant Administrator, Bureau for Management, or designee as 
delegated in Agency policy found in

[[Page 12916]]

ADS 103--Delegations of Authority, may grant an exception permitting an 
excluded person to participate in a particular covered transaction. If 
the Assistant Administrator, Bureau for Management or designee, grants 
an exception, the exception must be in writing and state the reason(s) 
for deviating from the government-wide policy in Executive Order 12549.

Subpart I--Definitions

0
3. Revise Sec.  780.930 to read as follows:


Sec.  780.930  Debarring Official (Agency for International Development 
supplement to government-wide definition at 2 CFR 180.930).

    The Debarring Official for USAID is the Assistant Administrator, 
Bureau for Management, or designee as delegated in Agency policy found 
in ADS 103--Delegations of Authority.


0
4. Revise Sec.  780.1010 to read as follows:


Sec.  780.1010  Suspending Official (Agency for International 
Development supplement to government-wide definition at 2 CFR 
180.1010).

    The Suspending Official for USAID is the Assistant Administrator, 
Bureau for Management, or designee as delegated in Agency policy found 
in ADS 103--Delegations of Authority.

Aman S. Djahanbani,
Director, Bureau for Management, Office of Acquisition and Assistance.
[FR Doc. 2015-05569 Filed 3-11-15; 8:45 am]
 BILLING CODE 6116-01-P