Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Rules and Regulations 30243 

44.305’’ is revised to read ‘‘2 CFR parts 

180 and 801’’. 

■ 6. In § 36.4349, paragraph (a)(3), the 

reference to ‘‘at § 44.305 of this title’’ is 

revised to read ‘‘in 2 CFR parts 180 and 

801’’. 

PART 39—AID TO STATES FOR 

ESTABLISHMENT, EXPANSION, AND 

IMPROVEMENT OF VETERANS’

CEMETERIES 

■ 7. The authority citation for part 39 

continues to read as follows: 

Authority: 38 U.S.C. 101, 501, 2408. 

■ 8. In § 39.6, paragraph (c)(7), the 

reference to ‘‘38 CFR parts 43 and 44’’

is revised to read ‘‘2 CFR parts 180 and 

801 and 38 CFR part 43’’. 

PART 44 [REMOVED] 

■ 9. Remove part 44. 

PART 48—GOVERNMENTWIDE 

REQUIREMENTS FOR DRUG-FREE 

WORKPLACE (FINANCIAL 

ASSISTANCE) 

■ 10. The authority citation for part 48 

continues to read as follows: 

Authority: 41 U.S.C. 701, et seq.; 38 U.S.C. 

501. 

■ 11. In § 48.510, paragraph (c), the 

reference to ‘‘38 CFR part 44’’ is revised 

to read ‘‘2 CFR parts 180 and 801’’. 

PART 49—UNIFORM ADMINISTRATIVE 

REQUIREMENTS FOR GRANTS AND 

AGREEMENTS WITH INSTITUTIONS 

OF HIGHER EDUCATION, HOSPITALS, 

AND OTHER NON-PROFIT 

ORGANIZATIONS 

■ 12. The authority citation for part 49 

continues to read as follows: 

Authority: 5 U.S.C. 301; 38 U.S.C. 501, 

OMB Circular A–110 (2 CFR part 215), and 

as noted in specific sections. 

■ 13. In § 49.13, the reference to ‘‘part 

44 of this chapter’’ is revised to read ‘‘2 

CFR parts 180 and 801’’. 

PART 51—PER DIEM FOR NURSING 

HOME CARE OF VETERANS IN STATE 

HOMES 

■ 14. The authority citation for part 51 

continues to read as follows: 

Authority: 38 U.S.C. 101, 501, 1710, 1741–

1743. 

■ 15. In § 51.210, paragraph (t), the 

reference to ‘‘38 CFR part 44, section 

44.100 through 44.420’’ is revised to 

read ‘‘38 CFR part 48’’. 

[FR Doc. E7–10418 Filed 5–30–07; 8:45 am] 

BILLING CODE 8320–01–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

2 CFR Part 3513 

12 CFR Part 413 

RIN 3048–ZA03 

Export-Import Bank of the United 

States Implementation of OMB 

Guidance on Nonprocurement 

Debarment and Suspension 

AGENCY: Export-Import Bank of the 

United States. 

ACTION: Direct final rule. 

SUMMARY: The Export-Import Bank of 

the United States (Ex-Im Bank) is 

establishing a new Part 3513 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 Ex-Im Bank policies and 

procedures for nonprocurement 

debarment and suspension. Ex-Im Bank 

is also removing 12 CFR part 413, the 

part containing Ex-Im Bank’s 

implementation of the government-wide 

common rule on nonprocurement 

debarment and suspension. 2 CFR part 

3513 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 Ex-Im 

Bank policy or procedures for 

nonprocurement debarment and 

suspension. 

DATES: The effective date for this final 

rule is July 2, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Brian J. Sonfield, Assistant General 

Council for Administration, 202–565–

3439, brian.sonfield@exim.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Ex-Im Bank’s current regulation on 

nonprocurement suspension and 

debarment is found at 12 CFR part 413. 

The current regulation, issued 

November 26, 2003 (68 66568), is Ex-Im 

Bank’s promulgation of the governmentwide ‘‘common rule’’ on this subject. 

The Office of Management and Budget 

(OMB) published interim final guidance 

on nonprocurement debarment and 

suspension in the Federal Register on 

August 31, 2005 (70 FR 51863). On 

November 15, 2006, OMB published a 

final rule adopting the interim final 

guidance with changes (71 FR 66431). 

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 repromulgate its own rules. 

Ex-Im Bank is therefore establishing 

new 2 CFR Part 3513, which adopts as 

Ex-Import Bank’s regulation the OMB 

guidance set forth at 2 CFR part 180, 

supplemented by a few necessary 

agency-specific provisions. Current 12 

CFR Part 413 is being removed. No 

substantive change in Ex-Im Bank’s 

nonprocurement suspension and 

debarment regulation is intended by 

these actions. 

Ex-Im Bank is authorized and 

empowered to do a general banking 

business pursuant to its Charter, see 12 

U.S.C. 635(a)(1), and its decisions 

whether or not to extend credit in 

particular cases are ‘‘committed to 

agency discretion by law,’’ 5 U.S.C. 

701(a)(2). Nothing contained in these 

regulations is intended to limit Ex-Im 

Bank’s discretion to exercise any rights, 

privileges or recourse that Ex-Im Bank 

deems necessary to protect the interests 

and mission of Ex-Im Bank and the 

interests of the United States 

Government. 

Executive Order 12866 

OMB has determined this rule to be 

non-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. 


cprice-sewell on PRODPC61 with RULES
30244 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Rules and Regulations 

List of Subjects 

2 CFR Part 3513 

Administrative practice and 

procedure, Debarment and suspension, 

Grant programs, Reporting and 

recordkeeping requirements. 

12 CFR Part 413 

Administrative practice and 

procedure, Debarment and suspension, 

Government contracts, Loan programs, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, for the reasons stated in 

the preamble, and under the authority of 

12 U..C. 635; Ex-Im Bank amends the 

Code of Federal Regulations, Title 2, 

Subtitle B, and Title 12, Chapter IV, as 

follows: 

Title 2—Grants and Agreements 

■ 1. Add Chapter 35, consisting of part 

3513, to Subtitle B to read as follows: 

CHAPTER 35—EXPORT-IMPORT BANK OF 

THE UNITED STATES 

PART 3513—NONPROCUREMENT 

DEBARMENT AND SUSPENSION 

Sec. 

3513.10 What does this part do? 

3513.20 Does this part apply to me? 

3513.30 What policies and procedures must 

I follow? 

Subpart A—General 

3513.137 Who at Ex-Im Bank may grant an 

exception to let an excluded person 

participate in a covered transaction? 

Subpart B—Covered Transactions 

3513.220 What contracts and subcontracts, 

in addition to those listed in 2 CFR 

180.220, are covered transactions? 

Subpart C—Responsibilities of Participants 

Regarding Transactions 

3513.332 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 

3513.437 What method do I use to 

communicate to a participate the 

requirements described in the OMB 

guidance at 2 CFR 180.435? 

Subparts E–J—Reserved 

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. 

§ 3513.10 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 Export Import Bank of the 

United States (Ex-Im Bank) policies and 

procedures for nonprocurement 

debarment and suspension. It thereby 

gives regulatory effect for Ex-Im Bank 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). 

§ 3513.20 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, as supplemented by Subpart B 

of this part). (b) Respondent in an Ex-Im Bank 

suspension or debarment action. (c) Ex-Im Bank debarment or 

suspension official; (d) Ex-Im Bank grants officer, 

agreements officer, or other official 

authorized to enter into any type of 

nonprocurement transaction that is a 

covered transaction; 

§ 3513.30 What policies and procedures 

must I follow? 

Ex-Im Bank 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 pat 

(i.e., § 3513.220). For any section of 

OMB guidance in Subparts A through I 

of 2 CFR 180 that has no corresponding 

section in this part, Ex-Im Bank policies 

and procedures are those in the OMB 

guidance. 

Subpart A—General 

§ 3513.137 Who in Ex-Im Bank may grant 

an exception to let an excluded person 

participate in a covered transaction? 

(a) The Ex-Im Bank agency head or 

designee may grant an exception 

permitting an excluded person to 

participate in a particular covered 

transacting. If the Ex-Im Bank agency 

head 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. 

(b) An exception granted by one 

agency for an excluded person does not 

extend to the covered transactions of 

another agency. 

Subpart B—Covered Transactions 

§ 3513.220 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), Ex-Im Bank does not extend 

coverage of nonprocurement suspension 

and debarment requirements beyond 

first-tier procurement under a covered 

nonprocurement transaction. 

Subpart C—Responsibilities of 

Participants Regarding Transactions 

§ 3513.332 What methods must I use to 

pass requirements down to participants at 

lower tiers with whom I intend to do 

business? 

To communicate the requirements, 

you must include a term or condition in 

the transaction requiring the 

participants’ compliance with subpart C 

of this part and requiring them to 

include a similar term or condition in 

lower-tiered covered transactions. 

Subpart D—Responsibilities of Federal 

Agency Officials Regarding 

Transactions 

§ 3513.437 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. 

Subparts E–J—[Reserved] 

Title 12—Banks and Banking 

CHAPTER IV—EXPORT-IMPORT BANK OF 

THE UNITED STATES 

PART 413—[Removed] 

■ 2. Remove Part 413. 

Dated: May 22, 2007. 

Howard A. Schweitzer, 

General Counsel. 

[FR Doc. 07–2659 Filed 5–30–07; 8:45 am] 

BILLING CODE 6690–01–M 


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