[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
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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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.
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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
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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]
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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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