This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

12915 

Vol. 80, No. 48 

Thursday, March 12, 2015 

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. 

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 mwijesinghe@usaid.gov and 

lbond@usaid.gov. 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: lbond@usaid.gov. 

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 redelegated 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 

■ 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 

■ 2. Revise § 780.137 to read as follows: 

§ 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 


rljohnson on DSK3VPTVN1PROD with RULES
12916 Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations 

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 

■ 3. Revise § 780.930 to read as follows: 

§ 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. 

■ 4. Revise § 780.1010 to read as 

follows: 

§ 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 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2014–0023] 

Gypsy Moth Generally Infested Areas; 

Additions in Minnesota, Virginia, West 

Virginia, and Wisconsin 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the gypsy 

moth regulations by adding areas in 

Minnesota, Virginia, West Virginia, and 

Wisconsin to the list of generally 

infested areas based on the detection of 

infestations of gypsy moth in those 

areas. As a result of this action, the 

interstate movement of regulated 

articles from those areas is restricted. 

This action is necessary to prevent the 

artificial spread of the gypsy moth to 

noninfested areas of the United States. 

DATES: This interim rule is effective 

March 12, 2015. We will consider all 

comments that we receive on or before 

May 11, 2015. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2014-0023. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2014–0023, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http://

www.regulations.gov/

#!docketDetail;D=APHIS-2014-0023 or 

in our reading room, which is located in 

Room 1141 of the USDA South 

Building, 14th Street and Independence 

Avenue SW., Washington, DC. Normal 

reading room hours are 8 a.m. to 4:30 

p.m., Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Paul Chaloux, National Policy Manager, 

Emerald Ash Borer Program and Gypsy 

Moth Program, Plant Protection and 

Quarantine, APHIS, 4700 River Road 

Unit 137, Riverdale, MD 20737; (301) 

851–2064. 

SUPPLEMENTARY INFORMATION: 

Background 

The gypsy moth, Lymantria dispar 

(Linnaeus), is a destructive pest of 

forest, shade, and commercial trees such 

as nursery stock and Christmas trees. 

The gypsy moth regulations (contained 

in 7 CFR 301.45 through 301.45–12 and 

referred to below as the regulations) 

restrict the interstate movement of 

regulated articles from generally 

infested areas to prevent the artificial 

spread of the gypsy moth. 

In accordance with § 301.45–2 of the 

regulations, generally infested areas are, 

with certain exceptions, those States or 

portions of States in which a gypsy 

moth general infestation has been found 

by an inspector, or each portion of a 

State that the Administrator deems 

necessary to regulate because of its 

proximity to infestation or its 

inseparability for quarantine 

enforcement purposes from infested 

localities. Less than an entire State will 

be designated as a generally infested 

area only if: (1) The State has adopted 

and is enforcing a quarantine or 

regulation that imposes restrictions on 

the intrastate movement of regulated 

articles that are substantially the same 

as those that are imposed with respect 

to the interstate movement of such 

articles; and (2) the designation of less 

than the entire State as a generally 

infested area will be adequate to prevent 

the artificial interstate spread of 

infestations of the gypsy moth. 

Section 301.45–3 of the regulations 

lists generally infested areas. In this 

rule, we are amending § 301.45–3(a) by 

adding the following areas to the list of 

generally infested areas: Cook and Lake 

Counties in Minnesota; Tazewell 

County in Virginia; McDowell, Mercer, 

Raleigh, Summers, and Wyoming 

Counties in West Virginia; and Iowa 

County in Wisconsin. As a result of this 

rule, the interstate movement of 

regulated articles from these areas will 

be restricted. 

On December 4, 2012, January 2, 

2013, and August 21, 2014, respectively, 

the Animal and Plant Health Inspection 

Service (APHIS) issued Federal Orders 

to quarantine the counties listed above 

for gypsy moth in response to confirmed 

infestations in those counties. This was 

done in cooperation with the respective 

State officials. By adding the abovenamed counties in Minnesota, Virginia, 

West Virginia, and Wisconsin to the list 

of generally infested areas, this rule will 

help prevent the artificial spread of the 

gypsy moth to noninfested areas of the 

United States. 

We are also removing the requirement 

in § 301.45–4 that regulated articles 

originating outside of any generally 

infested area and moving interstate 

directly through any generally infested 

area must be covered to prevent access 

by the gypsy moth in any of its life 

stages. That requirement was put in 

place out of an abundance of caution 

when we had a more limited 

understanding of the biology and 

behavior of the gypsy moth. In the 

intervening time, advances in our 

understanding of the pest have led 

APHIS to conclude that the requirement 

does not provide additional protection 

from the spread of gypsy moth during 

shipment. We are therefore removing a 

requirement that we no longer view as 

necessary, thus lightening the regulatory 

burden on shippers of regulated articles. 

Emergency Action 

This rulemaking is necessary on an 

emergency basis because of the 

possibility that the gypsy moth could be 

artificially spread to noninfested areas 

of the United States, where it could 

cause economic losses due to the 

defoliation of susceptible forest and 

shade trees. Under these circumstances, 


rljohnson on DSK3VPTVN1PROD with RULES