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

2767 

Vol. 72, No. 14 

Tuesday, January 23, 2007 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

2 CFR Part 2600 

36 CFR Parts 1206 and 1209 

[DOCKET NUMBER: NARA–06–0010] 

RIN 3095–AB56 

National Archives and Records 

Administration Implementation of OMB 

Guidance on Nonprocurement 

Debarment and Suspension 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Final rule; request for comment. 

SUMMARY: The National Archives and 

Records Administration is establishing a 

new Part 2600 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 

NARA’s policies and procedures for 

nonprocurement and debarment and 

suspension. NARA is removing 36 CFR 

part 1209, the part containing NARA’s 

implementation of the government-wide 

common rule on nonprocurement 

debarment and suspension. The new 

part in 2 CFR part 2600 will serve the 

same purpose as the common rule in a 

simpler way. This regulatory action is 

an administrative simplification that 

would make no substantive change in 

NARA’s policy or procedures for 

nonprocurement debarment and 

suspension. 

DATES: This final rule is effective 

February 28, 2007. Comments on this 

final rule must be received by February 

22, 2007 at the address shown below. 

NARA intends to publish any changes 

to the rule resulting from this comment 

period before the February 28, 2007, 

effective date. 

ADDRESSES: NARA invites interested 

persons to submit comments on this 

final rule. Please include ‘‘Attn: RIN 

3095–AB56’’ and your name and 

mailing address in your comments. 

Comments may be submitted by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: Submit comments by facsimile 

transmission to 301–837–0319. 

• Mail: Send comments to 

Regulations Comments Desk (NPOL), 

Room 4100, Policy and Planning Staff, 

National Archives and Records 

Administration, 8601 Adelphi Road, 

College Park, MD 20740–6001. 

• Hand Delivery or Courier: Deliver 

comments to 8601 Adelphi Road, 

College Park, MD. 

FOR FURTHER INFORMATION CONTACT: 

Laura McCarthy at 301–837–3023 or fax 

number 301–837–0319. 

SUPPLEMENTARY INFORMATION: On August 

31, 2005, the Office of Management and 

Budget (OMB) issued interim final 

guidance for government-wide 

procurement 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-side requirements without 

each agency having to re-promulgate its 

own rules. 

NARA’s current regulation on 

nonprocurement suspension and 

debarment is found in 36 CFR Part 1209. 

In accordance with OMB’s guidance, 

this final rule places NARA’s 

nonprocurement debarment and 

suspension regulations in subtitle B of 

title 2 of the CFR, along with other 

agencies’ nonprocurement debarment 

and suspension. The new 2 CFR part 

2600 adopts the OMB guidelines with 

the same additions and clarifications 

that NARA made to the governmentwide ‘‘common rule’’ on this subject 

issued November 26, 2003 (68 FR 

66544, 66616). The substance of 

NARA’s nonprocurement debarment 

and suspension regulations is 

unchanged. 

In light of the new part 2600, NARA 

is removing 36 CFR 1209, which is the 

current location for NARA’s 

nonprocurement debarment and 

suspension regulations. NARA is also 

amending the section in 36 CFR part 

1206 that provides the regulatory 

requirement provisions for the National 

Historical Publications and Records 

Commission (NHPRC) to reflect the new 

CFR location of these nonprocurement 

suspension and debarment 

requirements. 

Because the regulatory amendments 

to 2 CFR part 2600 are an administrative 

simplification and there are no 

substantive changes in NARA’s policy 

or procedures for nonprocurement 

debarment and suspension, NARA is 

publishing the revisions as a final rule 

with request for comments and not as a 

proposed rule. If NARA receives 

comments that result in any changes to 

the proposed final rule, the changes will 

be published before the February 28, 

2007, effective date. 

Executive Order 12866 

OMB has determined this rule to be 

a nonsignificant regulatory action for 

the purposes of Executive Order 12866 

and it has not been reviewed by the 

Office of Management and Budget. 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 605(b)) 

This final regulatory action will not 

have a significant adverse impact on a 

substantial number of small entities. 

Unfunded Mandates 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. 


jlentini on PROD1PC65 with RULES
2768 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 

List of Subjects 

2 CFR Part 2600 

Administrative practice and 

procedures, Debarment and suspension, 

Grant programs, Reporting and 

recordkeeping requirements. 

36 CFR Part 1206 

Archives and records, Grant 

programs—education, Reporting and 

recordkeeping requirements. 

36 CFR Part 1209 

Administrative practice and 

procedure, Grant programs, Loan 

programs, Reporting and recordkeeping 

requirements. 

■ Accordingly, under the authority of 44 

U.S.C. 2104(a), NARA amends the Code 

of Federal Regulations, Title 2, Subtitle 

B, and Title 36 parts 1206 and 1209, as 

follows: 

Title 2—Grants and Agreements 

■ 1. Add Chapter 26, consisting of part 

2600, to Subtitle B to read as follows: 

Chapter 26—National Archives and Records 

Administration 

PART 2600—NONPROCUREMENT 

DEBARMENT AND SUSPENSION 

Sec. 

2600.10 What does this part do? 

2600.20 Does this part apply to me? 

2600.30 What policies and procedures must 

I follow? 

Subpart A—General 

2600.137 Who in NARA may grant an 

exception to let an excluded person 

participate in a covered transaction? 

Subpart B—Covered Transactions 

2600.220 What contracts and subcontracts, 

in addition to those listed in 2 CFR 

180.220, are covered transactions? 

Subpart C—Responsibilities of Participants 

Regarding Transactions 

2600.332 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 

2600.437 What method do I use 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; 44 U.S.C. 2104(a). 

§ 2600.10 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 NARA’s policies and procedures 

for nonprocurement debarment and 

suspension. It thereby gives regulatory 

effect for NARA 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). 

§ 2600.20 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. 

(b) Respondent in a NARA suspension 

or debarment action. 

(c) NARA debarment or suspension 

official; 

(d) NARA grants officer, agreements 

officer, or other official authorized to 

enter into any type of nonprocurement 

transaction that is a covered transaction; 

§ 2600.30 What policies and procedures 

must I follow? 

NARA 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., § 2600.220). For any section of 

OMB guidance in Subparts A through I 

of 2 CFR 180 that has no corresponding 

section in this part, NARA policies and 

procedures are those in the OMB 

guidance. 

Subpart A—General 

§ 2600.137 Who in NARA may grant an 

exception to let an excluded person 

participate in a covered transaction? 

The Archivist of the United States or 

designee may grant an exception 

permitting an excluded person to 

participate in a particular covered 

transaction as provided in the OMB 

guidance at 2 CFR 180.135. 

Subpart B—Covered Transactions 

§ 2600.220 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), NARA 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 

§ 2600.332 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. 

Subpart D—Responsibilities of Federal 

Agency Officials Regarding 

Transactions 

§ 2600.437 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 and requires the 

participant to include a similar term or 

condition in lower-tier covered 

transactions. 

Subparts E–J—[Reserved] 

Title 36—Parks, Forests, and Public 

Property 

Chapter XII—National Archives and 

Records Administration 

PART 1206—[AMENDED] 

■ 2. The authority citation for part 1206 

continues to read as follows: 

Authority: 44 U.S.C. 2104(a); 44 U.S.C. 

2501–2506. 

§ 1206.72 [Amended] 

■ 3. Amend § 1206.72 by revising 

paragraph (a) to read as follows: 

§ 1206.72 Where can I find the regulatory 

requirements that apply to NHPRC grants? 

(a) In addition to this part 1206, 

NARA has issued other regulations that 

apply to NHPRC grants in 36 CFR ch. 

XII, subchapter A and 2 CFR Part 2600. 


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Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 2769 

Additionally you must comply with 2 

CFR Part 180. NARA also applies the 

principles and standards in the 

following Office of Management and 

Budget (OMB) Circulars for NHPRC 

grants: (1) OMB Circular A–21, ‘‘Cost 

Principles for Educational Institutions’’; 

(2) OMB Circular A–87, ‘‘Cost 

Principles for State, Local and Indian 

Tribal Governments’’; 

(3) OMB Circular A–122, ‘‘Cost 

Principles for Nonprofit Organizations’’; 

and 

(4) OMB Circular A–133, ‘‘Audits of 

States, Local Governments, and 

Nonprofit Organizations.’’

* * * * * 

PART 1209—[REMOVED] 

■ 4. Under authority 44 U.S.C. 2104(a); 

sec. 2455, Pub. L. 103–355, 108 Stat. 

3327 (31 U.S.C. 6101 note); E.O. 12549 

(3 CFR 1986 Comp., p. 189); E.O. 12689 

(3 CFR 1989 Comp., p. 235) part 1209 

is removed. 

Dated: January 18, 2007. 

Allen Weinstein, 

Archivist of the United States. 

[FR Doc. E7–986 Filed 1–22–07; 8:45 am] 

BILLING CODE 7515–01–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1220 

[Docket No. LS–06–06] 

Soybean Promotion and Research: 

Qualified State Soybean Boards; 

Correction 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Correcting amendment. 

SUMMARY: The Agricultural Marketing 

Service (AMS) published a final rule 

and termination order (final rule) in the 

Federal Register on November 28, 1995 

(60 FR 58499) regarding technical 

amendments to the Soybean Promotion, 

Research and Consumer Information 

Order (Order). AMS has found that 

section 1220.228(a)(1)(v)(A) pertaining 

to producer refunds, was mistakenly 

removed from the Order as part of the 

final rule. This document corrects the 

Order by adding the language that 

previously appeared in section 

1220.228(a)(1)(v)(A). 

DATES: Effective Date: January 23, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth R. Payne, Chief, Marketing 

Programs Branch, 202/720–1115 or via 

e-mail at Kenneth.Payne@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

document provides a correcting 

amendment to the Soybean Promotion, 

Research, and Consumer Information 

Order that appears at 7 CFR part 1220. 

List of Subjects in 7 CFR 1220 

Administrative practice and 

procedure, Advertising, Agricultural 

research, Marketing agreements, 

Soybeans and soybean products, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, 7 CFR part 1220 is 

corrected by making the following 

amendment: 

PART 1220—SOYBEAN PROMOTION, 

RESEARCH, AND CONSUMER 

INFORMATION 

■ 1. The authority citation for 7 CFR 

part 1220 continues to read as follows: 

Authority: 7 U.S.C. 6301–6311. 

■ 2. Amend § 1220.228 by adding 

paragraph (a)(1)(v) to read as follows: 

§ 1220.228 Qualified State Soybean 

Boards. 

(a)(1) * * * 

(v) If the entity is authorized or 

required to pay refunds to producers, 

any requests from producers for refunds 

for contributions to it by the producer 

following the termination of authority to 

pay refunds, will be honored by 

forwarding to the Board that portion of 

such refunds equal to the amount of 

credit received by the producer for 

contributions to it pursuant to 

§ 1220.223(a)(3); 

* * * * * 

Dated: January 17, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–875 Filed 1–22–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 1, 301 and 602 

[TD 9300] 

RIN 1545–BC15 

Guidance Necessary To Facilitate 

Business Electronic Filing; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to final regulations. 

SUMMARY: This document contains 

correction to final regulations (TD 9300) 

that were published in the Federal 

Register on Friday, December 8, 2006 

(71 FR 71040) designed to eliminate 

regulatory impediments to the 

electronic filing of certain income tax 

returns and other forms. 

DATES: The correction is effective 

December 8, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Nathan Rosen, (202) 622–4910 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The correction notice that is the 

subject of this document is under 

sections 170, 556, 565, 936, 1017, 1368, 

1377, 1502, 1503, 6038B and 7701 of the 

Internal Revenue Code. 

Need for Correction 

As published, final regulations (TD 

9300) contain errors that may prove to 

be misleading and are in need of 

clarification. 

Correction of Publication 

Accordingly, the publication of the 

final regulations (TD 9300), which was 

the subject of FR Doc. E6–20734, is 

corrected as follows: 

On page 71041, column 1, in the 

preamble, under the paragraph heading 

‘‘January 2006 Final Regulations 

Facilitating Electronic Filing’’, last 

paragraph of the column, second line, 

the language ‘‘Treasury released TD 

9243, (TD 9243,’’ is corrected to read 

‘‘Treasury released final regulations (TD 

9243,’’. 

On page 71041, column 2, in the 

preamble, under the paragraph heading 

‘‘May 2006 Regulations Facilitating 

Electronic Filing’’, first paragraph, 

second line, the language ‘‘Treasury 

Department released TD 9264’’ is 

corrected to read ‘‘Treasury Department 

released final and temporary regulations 

(TD 9264, 2006–26 I.R.B. 1150 [71 FR 

30591])’’. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. E7–858 Filed 1–22–07; 8:45 am] 

BILLING CODE 4830–01–P 


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