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

67431 

Vol. 71, No. 225 

Wednesday, November 22, 2006 

PEACE CORPS 

2 CFR Part 3700 

22 CFR Part 310 

RIN 04420–AA19 

Peace Corps Implementation of OMB 

Guidance on Nonprocurement 

Debarment and Suspension 

AGENCY: Peace Corps. 

ACTION: Direct final rule. 

SUMMARY: The Peace Corps is 

establishing a new Part 3700 in 2 CFR 

that adopts the Office of Management 

and Budget’s (OMB’s) guidance in 2 

CFR Part 180, as supplemented by this 

new part, as Peace Corps policies and 

procedures for nonprocurement 

debarment and suspension. The Peace 

Corps is also removing 22 CFR Part 310, 

the part containing the Peace Corps 

implementation of the government-wide 

common rule on nonprocurement 

debarment and suspension. 2 CFR Part 

3700 would serve the same purpose as 

the common rule in a simpler way. 

These changes constitute an 

administrative simplification that would 

make no substantive change in Peace 

Corps policy or procedures for 

nonprocurement debarment and 

suspension. 

DATES: This final rule is effective on 

January 8, 2007 without further action, 

unless adverse comment is received by 

Peace Corps by December 22, 2006. If 

adverse comment is received, Peace 

Corps will publish a timely withdrawal 

of the rule in the Federal Register. 

ADDRESSES: You may submit comments 

by e-mail to nmiller@peacecorps.gov. 

Include RIN 0420–AA19 in the subject 

line of the message. You may also 

submit comments by mail to Nancy G. 

Miller, Office of the General Counsel, 

Peace Corps, Suite 8200, 1111 20th 

Street, NW., Washington, DC 20526. 

Contact Nancy G. Miller for copies of 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Nancy G. Miller, Associate General 

Counsel, 202–692–2150, 

nmiller@peacecorps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Peace Corps’ current regulation on 

nonprocurement suspension and 

debarment is found in 22 CFR Part 310. 

This regulation is Peace Corps’ 

promulgation of the government-wide 

‘‘common rule’’ on this subject issued 

November 26, 2003 (68 FR 66586). 

On August 31, 2005, the Office of 

Management and Budget (OMB) issued 

interim final guidance for governmentwide nonprocurement suspension and 

debarment (70 FR 51863). This 

guidance, located in 2 CFR Part 180, is 

substantively the same as the common 

rule, but is published in a form that 

each agency can adopt, thus eliminating 

the need for each agency to publish its 

separate version of the same rule. It also 

facilitates the ability to update 

government-wide requirements without 

each agency having to re-promulgate its 

own rules. 

The Peace Corps is therefore 

establishing new 2 CFR Part 3700, 

which adopts as its regulation the OMB 

guidance set forth in 2 CFR Part 180 as 

supplemented with the few required 

agency-specific provisions. Current 22 

CFR Part 310 is being removed. 

No substantive change in Peace Corps’ 

nonprocurement suspension and 

debarment regulation is intended by 

these actions. 

Executive Order 12866 

OMB has determined this rule to be 

not significant. 

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 3700 

Administrative practice and 

procedure, Debarment and suspension, 

Grant programs, Reporting and 

recordkeeping requirements. 

22 CFR Part 310 

Administrative practice and 

procedure, Government contracts, Grant 

programs, Loan programs, Reporting 

and recordkeeping requirements, 

Technical assistance. 

■ Accordingly, under the authority of 22 

U.S.C. 2503(b), Peace Corps amends the 

Code of Federal Regulations, Title 2, 

Subtitle B, and Title 22, Chapter III, as 

follows: 

Title 2—Grants and Agreements 

■ 1. Add Chapter 37, consisting of Part 

3700, to Subtitle B to read as follows: 

Chapter 37—Peace Corps 

PART 3700—NONPROCUREMENT 

DEBARMENT AND SUSPENSION 

Sec. 

3700.10 What does this part do? 

3700.20 Does this part apply to me? 

3700.30 What policies and procedures must 

I follow? 

3700.137 Who in the Peace Corps may grant 

an exception to let an excluded person 

participate in a covered transaction? 

3700.220 What contracts and subcontracts, 

in addition to those listed in 2 CFR 

180.220, are covered transactions? 

3700.332 What methods must I use to pass 

requirements down to participants at 

lower tiers with whom I intend to do 

business? 

3700.437 What method do I use to 

communicate to a participant the 

requirements described in the OMB 

guidance at 2 CFR 180.435? 

mstockstill on PROD1PC61 with RULES

67432 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Rules and Regulations 

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; 22 U.S.C. 2503(b). 

§ 3700.10 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 Peace Corps policies and 

procedures for nonprocurement 

debarment and suspension. It thereby 

gives regulatory effect for the Peace 

Corps 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). 

§ 3700.20 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 

(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 a Peace Corps 

suspension or debarment action; 

(c) Peace Corps debarment or 

suspension official; or 

(d) Peace Corps grants officer, 

agreements officer, or other official 

authorized to enter into any type of 

nonprocurement transaction that is a 

covered transaction. 

§ 3700.30 What policies and procedures 

must I follow? 

The Peace Corps 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., § 3700.220). For 

any section of OMB guidance in 

Subparts A through I of 2 CFR 180 that 

has no corresponding section in this 

part, Peace Corps policies and 

procedures are those in the OMB 

guidance. 

§ 3700.137 Who in the Peace Corps may 

grant an exception to let an excluded 

person participate in a covered 

transaction? 

The Director of the Peace Corps 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. 

§ 3700.220 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), Peace Corps does not extend 

coverage of nonprocurement suspension 

and debarment requirements beyond 

first-tier procurement contracts under a 

covered nonprocurement transaction. 

§ 3700.332 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. 

§ 3700.437 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 as an 

agency official must include a term or 

condition in the transaction that 

requires the participant’s compliance 

with subpart C of 2 CFR part 180, and 

requires the participant to include a 

similar term or condition in lower-tier 

covered transactions. 

Title 22—Foreign Relations 

Chapter III—Peace Corps 

■ 2. Remove Part 310. 

Dated: November 6, 2006. 

Suzanne B. Glasow, 

Acting General Counsel. 

[FR Doc. 06–9369 Filed 11–21–06; 8:45 am] 

BILLING CODE 6015–01–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2006–0149] 

Karnal Bunt; Regulated Areas 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the Karnal 

bunt regulations to remove certain areas 

or fields in Maricopa and Pinal 

Counties, AZ, and Archer, Baylor, Knox, 

McCulloch, San Saba, Throckmorton, 

and Young Counties, TX, from the list 

of regulated areas based on our 

determination that those fields or areas 

meet our criteria for release from 

regulation. This action is necessary to 

relieve restrictions that are no longer 

necessary. 

DATES: This interim rule became 

effective November 16, 2006. We will 

consider all comments that we receive 

on or before January 22, 2007. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov, select 

‘‘Animal and Plant Health Inspection 

Service’’ from the agency drop-down 

menu, then click ‘‘Submit.’’ In the 

Docket ID column, select APHIS–2006–

0149 to submit or view public 

comments and to view supporting and 

related materials available 

electronically. 

Information on using Regulations.gov, 

including instructions for accessing 

documents, submitting comments, and 

viewing the docket after the close of the 

comment period, is available through 

the site’s ‘‘User Tips’’ link. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. APHIS–2006–0149, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS–

2006–0149. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room 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 

mstockstill on PROD1PC61 with RULES