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.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

11285 

Vol. 72, No. 48 

Tuesday, March 13, 2007 

DEPARTMENT OF JUSTICE 

2 CFR Part 2867 

28 CFR Part 67 

[Docket Number: OJP (DOJ)–1457; AG 

Order No. 2870–2007] 

RIN 1121–AA73 

Department of Justice Implementation 

of OMB Guidance on Nonprocurement 

Debarment and Suspension 

AGENCY: Department of Justice. 

ACTION: Direct final rule. 

SUMMARY: The Department of Justice 

(‘‘DOJ’’ or ‘‘the Department’’) is 

removing its regulations implementing 

the government-wide common rule on 

nonprocurement debarment and 

suspension, currently located within 

Part 67 of Title 28 of the Code of Federal 

Regulations (CFR), and adopting the 

Office of Management and Budget’s 

(OMB) guidance at Title 2 of the CFR. 

This regulatory action implements the 

OMB’s initiative to streamline and 

consolidate all federal regulations on 

nonprocurement debarment and 

suspension into one part of the CFR. 

These changes constitute an 

administrative simplification that would 

make no substantive change in DOJ 

policy or procedures for 

nonprocurement debarment and 

suspension. 

DATES: This final rule is effective on 

May 14, 2007 without further action, 

unless adverse comment is received by 

DOJ by April 12, 2007. If adverse 

comment is received, DOJ will publish 

a timely withdrawal of the rule in the 

Federal Register. 

ADDRESSES: Please address all 

comments regarding this rule by U.S. 

mail, to: Scott A. Chutka, AttorneyAdvisor, Office of the General Counsel, 

Office of Justice Programs, Department 

of Justice, 810 7th Street, NW., 

Washington, DC 20531; by telefacsimile 

(fax), to: (202) 307–1419; or by e-mail, 

to: OJP_Fed_Reg_Comments@usdoj.gov. 

To ensure proper handling, please 

reference OJP Docket No. 1457 on your 

correspondence. You may view an 

electronic version of this rule at 

www.regulations.gov and you may also 

comment by using the 

www.regulations.gov form for this 

regulation. When submitting comments 

electronically you must include OJP 

Docket No. 1457 in the subject box. 

FOR FURTHER INFORMATION CONTACT: 

Scott A. Chutka, Attorney-Advisor, 

Office of the General Counsel, at (202) 

307–6235 [Note: This is not a toll-free 

telephone number.]; or by e-mail at 

OJP_Fed_Reg_Comments@usdoj.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 26, 2003, at 68 FR 

66534, the Department adopted, on an 

interim final basis, the government-wide 

nonprocurement debarment and 

suspension common rule (NCR), which 

recast the nonprocurement debarment 

and suspension regulations in plain 

English and made other required 

updates. On March 11, 2005, at 70 FR 

12141, the Department published a final 

rule completing its adoption of the 

government-wide common rule. 

Thereafter, on August 31, 2005, OMB 

issued an interim final guidance that 

implemented its Guidance for 

Governmentwide Debarment and 

Suspension (Nonprocurement), at 70 FR 

51863. In addition to restating and 

updating its guidance on 

nonprocurement debarment and 

suspension, the interim final guidance 

requires all federal agencies to adopt a 

new approach to Federal agency 

implementation of the guidance. OMB 

requires each agency to issue a brief rule 

that: (1) Adopts the guidance, giving it 

regulatory effect for that agency’s 

activities; and (2) states any agencyspecific additions, clarifications, and 

exceptions to the government-wide 

policies and procedures contained in 

the guidance. That guidance also 

requires agencies to implement the 

OMB guidance by February 28, 2007. 

OMB issued this guidance in final form 

on November 15, 2006, at 71 FR 66431. 

Pursuant to requirements in OMB’s 

interim final guidance, DOJ is therefore: 

(1) Removing 28 CFR part 67; (2) 

replacing the Department’s part 

containing the full text of the debarment 

and suspension common rule with a 

brief part implementing OMB’s 

guidance and any provisions specific to 

the Department; and (3) co-locating the 

Department’s part with OMB’s guidance 

in 2 CFR along with other agencies’ 

regulations in that title. 

This regulatory action will implement 

the OMB initiative to streamline and 

consolidate all federal regulations on 

nonprocurement debarment and 

suspension into one part of the CFR, 

and does not modify any of the 

Department’s current policies. 

Invitation to Comment 

With this regulatory action, DOJ is 

creating a new part in 2 CFR to adopt 

the OMB guidelines with the same 

additions and clarifications the 

Department made to the common rule 

on nonprocurement debarment and 

suspension in March 2005, at 68 FR 

12141. In soliciting comments on this 

action, therefore, DOJ is not seeking to 

revisit substantive issues that were 

already resolved during the preparation 

of that final common rule. However, 

because DOJ intends the new part to 

make no changes in current policies and 

procedures, the Department specifically 

invites comments only on any 

unintended changes in substantive 

content that the new part in 2 CFR 

would make relative to the March 2005 

final rule at 28 CFR part 67. 

Administrative Procedure Act 

Under the Administrative Procedure 

Act (5 U.S.C. 553) agencies generally 

offer interested parties the opportunity 

to comment on proposed regulations 

before they become effective. However, 

in this case, on November 26, 2003, at 

68 FR 65534, the Department adopted, 

on an interim final basis, the 

government-wide nonprocurement 

debarment and suspension common 

rule (NCR), which recast the 

nonprocurement debarment and 

suspension regulations in plain English 

and made other required updates. 

Comments were solicited on the 

Department’s interim NCR rule. On 

March 11, 2005, at 70 FR 12141, the 

Department published a final rule 

completing its adoption of the 

government-wide NCR common rule. 

The changes made by this direct final 

rule constitute an administrative 

simplification that would make no 


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11286 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Rules and Regulations 

substantive change in Department 

policy or procedures for 

nonprocurement debarment and 

suspension. The Department believes 

that the rule is noncontroversial and 

adverse comments will not be received, 

although comments on this rule are 

invited. 

Accordingly, the Department finds 

that the solicitation of public comments 

on this direct final rule is unnecessary 

and that ‘‘good cause’’ exists under 5 

U.S.C. 553(b)(B) and 553(d) to make this 

rule effective on May 14, 2007 without 

further action, unless adverse comment 

is received by DOJ by April 12, 2007. If 

adverse comment is received, the 

Department will publish a timely 

withdrawal of the rule in the Federal 

Register. 

Executive Order 12866 

This regulatory action has been 

determined by OMB to be not 

significant for purposes of E.O. 12866. 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 605(b)) 

This regulatory action, if adopted, 

would not have a significant adverse 

impact on a substantial number of small 

entities. This action merely removes 

DOJ’s current policy and provisions 

related to the debarment and suspension 

common rule and replaces it with a brief 

part adopting OMB’s guidance and 

implementing any provisions specific to 

the Department. In addition, it colocates the Department’s regulations 

with OMB’s guidance in 2 CFR along 

with other agencies’ rules in that title. 

These provisions are merely 

administrative in nature and do not 

modify the Department’s current policy. 

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 2867 

Administrative practice and 

procedure, Debarment and suspension, 

Grant programs, Reporting and 

recordkeeping requirements. 

28 CFR Part 67 

Administrative practice and 

procedure, Government contracts, Grant 

programs, Loan programs, Reporting 

and recordkeeping requirements, 

Technical assistance, Drug Abuse. 

■ Accordingly, for the reasons set forth 

in the preamble, and under the 

authority of 5 U.S.C. 301 and 28 U.S.C. 

509, 510, 515–519, the Department of 

Justice amends the Code of Federal 

Regulations, Title 2, Subtitle B, and part 

67 of chapter 1 of Title 28, as follows: 

Title 2—Grants and Agreements 

■ 1. Add Chapter 28, consisting of Part 

2867, to Subtitle B to read as follows: 

CHAPTER 28—DEPARTMENT OF JUSTICE 

PART 2867—NONPROCUREMENT 

DEBARMENT AND SUSPENSION 

Sec. 

§ 2867.10 What does this part do? 

§ 2867.20 To whom does this part apply? 

§ 2867.30 What policies and procedures 

must be followed? 

Subpart A—General 

§ 2867.137 Who in the Department of 

Justice may grant an exception to let an 

excluded person participate in a covered 

transaction? 

Subpart B—Covered Transactions 

§ 2867.220 What contracts and 

subcontracts, in addition to those listed 

in 2 CFR 180.220, are covered 

transactions? 

Subpart C—Responsibilities of Participants 

Regarding Transactions 

§ 2867.332 What method must a participant 

use to pass requirements down to 

participants at lower tiers with whom 

the participant intends to do business? 

Subpart D—Responsibilities of Federal 

Agency Officials Regarding Transactions 

§ 2867.437 What method must be used to 

communicate to a participant 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; 5 U.S.C. 301; 28 U.S.C. 509, 510, 515–

519. 

§ 2867.10 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 Department of Justice 

policies and procedures for 

nonprocurement debarment and 

suspension. It thereby gives regulatory 

effect for the Department of Justice 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). 

§ 2867.20 To whom does this part apply? 

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 any—

(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 a Department of 

Justice suspension or debarment action; 

(c) Department of Justice debarment 

or suspension official; 

(d) Department of Justice grants 

officer, agreements officer, or other 

official authorized to enter into any type 

of nonprocurement transaction that is a 

covered transaction. 

§ 2867.30 What policies and procedures 

must be followed? 

The Department of Justice policies 

and procedures that must be followed 

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., 

§ 2867.220). For any section of OMB 

guidance in Subparts A through I of 2 

CFR 180 that has no corresponding 

section in this part, Department of 

Justice policies and procedures are 

those in the OMB guidance. 


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Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Rules and Regulations 11287 

Subpart A—General 

§ 2867.137 Who in the Department of 

Justice may grant an exception to let an 

excluded person participate in a covered 

transaction? 

Within the Department of Justice, the 

Attorney General or designee 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 

§ 2867.220 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), the Department of Justice 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 

§ 2867.332 What method must a 

participant use to pass requirements down 

to participants at lower tiers with whom the 

participant intends to do business? 

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 

§ 2867.437 What method must be used 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, the 

communication 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 28—Judicial Administration 

CHAPTER 1—DEPARTMENT OF JUSTICE 

■ 2. Remove Part 67. 

Dated: March 6, 2007. 

Alberto R. Gonzales, 

Attorney General. 

[FR Doc. E7–4362 Filed 3–12–07; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–25945; Airspace 

Docket No. 06–ACE–15] 

Modification of Class E Airspace; 

Alliance, NE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This document confirms the 

effective date of the direct final rule 

which revises Class E airspace at 

Alliance, NE. 

DATES: Effective Date: 0901 UTC, May 

10, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Grant Nichols, System Support, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2522. 

SUPPLEMENTARY INFORMATION: The FAA 

published this direct final rule with a 

request for comments in the Federal 

Register on January 11, 2007 (72 FR 

1279). The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

May 10, 2007. No adverse comments 

were received, and thus this notice 

confirms that this direct final rule will 

become effective on that date. 

Issued in Fort Worth, Texas on February 

20, 2007. 

Donald R. Smith, 

Manager, System Support Group, ATO 

Central Service Area. 

[FR Doc. 07–1161 Filed 3–12–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 385 

[Docket No. RM02–11–000] 

Civil Monetary Penalty Inflation 

Adjustment Rule: Order No. 692; Order 

Redesignating Proceeding 

Issued February 16, 2007. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Final rule: order redesignating 

proceeding. 

SUMMARY: On August 5, 2002, the 

Commission issued a final rule for a 

Civil Monetary Penalty Inflation 

Adjustment as mandated by the Debt 

Collection Improvement Act of 1996. 

The final rule was designated ‘‘Order 

No. 890’’. The Commission is 

redesignating ‘‘Order No. 890’’ as 

‘‘Order No. 692’’. 

DATES: Effective Date: February 16, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Secretary’s Office, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–8400. 

SUPPLEMENTARY INFORMATION: On August 

5, 2002, the Commission issued ‘‘Order 

No. 890, Final Rule’’ in the abovecaptioned proceeding. Civil Monetary 

Penalty Inflation Adjustment Rule, 100 

FERC ¶ 61,159 (2002). 

By this order the Commission 

redesignates the above-captioned 

proceeding as Order No. 692, Final 

Rule. 

By direction of the Commission. 

Nora E. Donovan, 

Acting Secretary. 

[FR Doc. E7–4552 Filed 3–12–07; 8:45 am] 

BILLING CODE 6717–01–P 

INTERNATIONAL TRADE 

COMMISSION 

19 CFR Part 208 

Investigations Relating to Commercial 

Availability Under the African Growth 

and Opportunity Act 

AGENCY: United States International 

Trade Commission. 

ACTION: Correcting amendment. 

SUMMARY: The Commission published a 

notice in the Federal Register on 

February 27, 2007 (72 FR 8624) 

amending its rules of practice and 


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