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

28825 

Vol. 72, No. 99 

Wednesday, May 23, 2007 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

2 CFR Part 2200 

45 CFR Parts 2541, 2542 and 2545 

RIN 3045–AA48 

Corporation for National and 

Community Service Implementation of 

OMB Guidance on Nonprocurement 

Debarment and Suspension 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Direct final rule. 

SUMMARY: The Corporation for National 

and Community Service is establishing 

a new part 2200 in 2 CFR as the 

Corporation’s policies and procedures 

for nonprocurement debarment and 

suspension. The new part 2200 adopts 

and supplements the Office of 

Management and Budget’s (OMB’s) 

guidance in 2 CFR part 180. The 

Corporation for National and 

Community Service is also removing 45 

CFR part 2542, which contains the 

Corporation’s implementation of the 

governmentwide common rule on 

nonprocurement debarment and 

suspension. 2 CFR part 2200 will 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 Corporation’s 

policies or procedures for 

nonprocurement debarment and 

suspension. 

DATES: This final rule is effective on July 

23, 2007 without further action, unless 

adverse comment is received by the 

Corporation for National and 

Community Service by June 22, 2007. If 

adverse comment is received, 

Corporation for National and 

Community Service will publish a 

timely withdrawal of the rule in the 

Federal Register. 

ADDRESSES: You may submit comments 

by e-mail to dhilton@cns.gov. Include 

RIN 3045–AA48 in the subject line of 

the message. You may also submit 

comments by mail to Douglas H. Hilton, 

Office of the General Counsel, 

Corporation for National and 

Community Service, 1201 New York 

Avenue, NW., Washington, DC 20525. 

Contact Douglas H. Hilton for copies of 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Douglas H. Hilton, Associate General 

Counsel, 202–606–6892, 

dhilton@cns.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Corporation for National and 

Community Service’s current regulation 

on nonprocurement suspension and 

debarment is found in 45 CFR part 2542. 

This regulation is the Corporation for 

National and Community Service’s 

promulgation of the governmentwide 

‘‘common rule’’ on this subject, which 

was 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 governmentwide requirements 

without each agency having to repromulgate its own rules. 

The Corporation for National and 

Community Service is therefore 

establishing new 2 CFR part 2200, 

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 45 

CFR part 2542 is being removed, and 

parts 2541 and 2545 are being amended 

to conform to the removal of part 2542. 

No substantive change in Corporation 

for National and Community Service’s 

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 2200 

Administrative practice and 

procedure, Debarment and suspension, 

Grant programs, Reporting and 

recordkeeping requirements. 

45 CFR Part 2541 

Accounting, Grant programs, Indians, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

45 CFR Part 2542 

Administrative practice and 

procedure, Debarment and suspension, 

Grant programs, Reporting and 

recordkeeping requirements. 

45 CFR Part 2545 

Administrative practice and 

procedure, Drug abuse, Grant programs, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, under the authority of 22 

U.S.C. 2503(b), the Corporation for 

National and Community Service 

amends the Code of Federal 

Regulations, Title 2, Subtitle B, and 

Title 45, Chapter XXV, as follows: 


cprice-sewell on PROD1PC71 with RULES
28826 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations 

Title 2—Grants and Agreements 

■ 1. Add Chapter XXII, consisting of 

part 2200, to Subtitle B to read as 

follows: 

CHAPTER XXII—CORPORATION FOR 

NATIONAL AND COMMUNITY SERVICE 

PART 2200—NONPROCUREMENT 

DEBARMENT AND SUSPENSION 

Sec. 

2200.10 What does this Part do? 

2200.20 Does this Part apply to me? 

2200.30 What policies and procedures must 

I follow? 

2200.137 Who in the Corporation for 

National and Community Service may 

grant an exception to let an excluded 

person participate in a covered 

transaction? 

2200.220 What contracts and subcontracts, 

in addition to those listed in 2 CFR 

180.220, are covered transactions? 

2200.332 What methods must I use to pass 

requirements down to participants at 

lower tiers with whom I intend to do 

business? 

2200.437 What method do I use to 

communicate to a participant the 

requirements described in the OMB 

guidance at 2 CFR 180.435? 

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). 

§ 2200.10 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 Corporation for National and 

Community Service policies and 

procedures for nonprocurement 

debarment and suspension. It thereby 

gives regulatory effect for the 

Corporation for National and 

Community Service 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). 

§ 2200.20 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 Corporation for 

National and Community Service 

suspension or debarment action; 

(c) Corporation for National and 

Community Service debarment or 

suspension official; or 

(d) Corporation for National and 

Community Service grants officer, 

agreements officer, or other official 

authorized to enter into any type of 

nonprocurement transaction that is a 

covered transaction. 

§ 2200.30 What policies and procedures 

must I follow? 

The Corporation for National and 

Community Service 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. 2200.220). For 

any section of OMB guidance in 

Subparts A through I of 2 CFR part 180 

that has no corresponding section in 

this part, Corporation for National and 

Community Service policies and 

procedures are those in the OMB 

guidance. 

§ 2200.137 Who in the Corporation for 

National and Community Service may grant 

an exception to let an excluded person 

participate in a covered transaction? 

The Chief Executive Officer (or 

another official designated by the Chief 

Executive Officer) 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. 

§ 2200.220 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), Corporation for National and 

Community Service does not extend 

coverage of nonprocurement suspension 

and debarment requirements beyond 

first-tier procurement contracts under a 

covered nonprocurement transaction. 

§ 2200.332 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. 

§ 2200.437 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 45—Public Welfare 

CHAPTER XXV—CORPORATION FOR 

NATIONAL AND COMMUNITY SERVICE 

PART 2541—UNIFORM 

ADMINISTRATIVE REQUIREMENTS 

FOR GRANTS AND COOPERATIVE 

AGREEMENTS TO STATE AND LOCAL 

GOVERNMENTS 

■ 2. The authority citation for part 2541 

continues to read as follows: 

Authority: 42 U.S.C. 4950 et seq. and 

12501 et seq. 

■ 3. Revise the introductory text to 

§ 2541.30 to read as follows: 

§ 2541.30 Definitions. 

The following definitions apply to 

terms used in this part. 

* * * * * 

PART 2542—[REMOVED] 

■ 4. Remove part 2542. 

PART 2545—GOVERNMENTWIDE 

REQUIREMENTS FOR DRUG-FREE 

WORKPLACE (FINANCIAL 

ASSISTANCE) 

■ 5. The authority citation for part 2545 

continues to read as follows: 

Authority: 41 U.S.C. 701, et seq.; 42 U.S.C. 

12644 and 12651(c). 

■ 6. Revise § 2545.510 to read as 

follows: 

§ 2545.510 What actions will the Federal 

Government take against a recipient 

determined to have violated this part? 

If a recipient is determined to have 

violated this part, as described in 

§ 2545.500 or § 2545.505, the 

Corporation may take one or more of the 

following actions—

(a) Suspension of payments under the 

award; 

(b) Suspension or termination of the 

award; and 

(c) Suspension or debarment of the 

recipient under 2 CFR part 180 (as 


cprice-sewell on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations 28827 

implemented by 2 CFR part 2200), for a 

period not to exceed five years. 

Dated: May 17, 2007. 

Frank R. Trinity, 

General Counsel. 

[FR Doc. 07–2575 Filed 5–22–07; 8:45 am] 

BILLING CODE 6050–$$–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2007–0032] 

Citrus Canker; Interstate Movement of 

Regulated Nursery Stock From 

Quarantined Areas 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule; extension of 

comment period. 

SUMMARY: We are extending the 

comment period for our interim rule 

that amended the citrus canker 

quarantine regulations to explicitly 

prohibit, with limited exceptions, the 

interstate movement of regulated 

nursery stock from a quarantined area. 

This action will allow interested 

persons additional time to prepare and 

submit comments. 

DATES: We will consider all comments 

that we receive on or before June 11, 

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–2007–

0032 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–2007–0032, 

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–

2007–0032. 

Reading Room: You may read any 

comments that we receive on Docket 

No. APHIS–2007–0032 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 sure someone is there to 

help you, please call (202) 690–2817 

before coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stephen Poe, Senior Operations Officer, 

Emergency Domestic Programs, Plant 

Protection and Quarantine, APHIS, 4700 

River Road Unit 137, Riverdale, MD 

20737–1231; (301) 734–4387. 

SUPPLEMENTARY INFORMATION: On March 

22, 2007, we published in the Federal 

Register (72 FR13423–13428, Docket 

No. APHIS–2007–0032) an interim rule 

that amended the citrus canker 

quarantine regulations to explicitly 

prohibit, with limited exceptions, the 

interstate movement of regulated 

nursery stock from a quarantined area. 

The interim rule was effective on March 

16, 2007. We took this action because 

the interstate movement of regulated 

nursery stock from an area quarantined 

for citrus canker poses a high risk of 

spreading citrus canker outside the 

quarantined area. The interim rule 

included two exceptions to the 

prohibition. We allowed calamondin 

and kumquat plants, two types of citrus 

plants that are highly resistant to citrus 

canker, to move interstate from a 

quarantined area under a protocol 

designed to ensure that they are free of 

citrus canker prior to movement. We 

also continued to allow the interstate 

movement of regulated nursery stock for 

immediate export, under certain 

conditions. This action was necessary to 

clarify our regulations and to address 

the risk associated with the interstate 

movement of regulated nursery stock 

from areas quarantined for citrus canker. 

In an order dated April 26, 2007, the 

United States District Court of the 

Middle District of Florida, Ocala 

Division, instructed the U.S. 

Department of Agriculture to begin a 

new round of notice-and-comment 

rulemaking on the issue of the interstate 

movement of regulated nursery stock 

from areas quarantined for citrus canker. 

We solicited comments on the interim 

rule for 60 days after its publication. 

Comments on the interim rule were 

required to be received on or before May 

21, 2007. We are extending the 

comment period on Docket No. APHIS–

2007–0032 for an additional 21 days, 

until June 11, 2007. This action will 

allow interested persons additional time 

to prepare and submit comments. 

We encourage members of the public, 

including regulated industry, to submit 

comments regarding the interim rule, 

including the scientific and regulatory 

basis of the rule. We will carefully 

consider all the comments we receive. If 

our review of the comments indicates 

that changes to the regulations 

promulgated in the interim rule are 

warranted, we will amend the 

regulations accordingly. 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75–15 issued under Sec. 204, 

Title II, Pub. L. 106–113, 113 Stat. 1501A–

293; sections 301.75–15 and 301.75–16 

issued under Sec. 203, Title II, Pub. L. 106–

224, 114 Stat. 400 (7 U.S.C. 1421 note). 

Done in Washington, DC, this 17th day of 

May 2007. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E7–9898 Filed 5–22–07; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26120; Directorate 

Identifier 2006–NM–184–AD; Amendment 

39–15051; AD 2007–10–10] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A300–600 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Airbus Model A300–600 series 

airplanes. This AD requires revising the 

Airworthiness Limitations section of the 

Instructions for Continued 

Airworthiness to incorporate new 

limitations for fuel tank systems. This 

AD results from fuel system reviews 

conducted by the manufacturer. We are 

issuing this AD to prevent the potential 

of ignition sources inside fuel tanks, 

which, in combination with flammable 

fuel vapors caused by latent failures, 

alterations, repairs, or maintenance 

actions, could result in fuel tank 

explosions and consequent loss of the 

airplane. 


cprice-sewell on PROD1PC71 with RULES