[Federal Register Volume 62, Number 173 (Monday, September 8, 1997)]
[Rules and Regulations]
[Page 47149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23693]



[[Page 47149]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 32

[FRL-5886-5]


Suspension, Debarment and Ineligibility for Contracts, 
Assistance, Loans and Benefits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendments.

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SUMMARY: This rule makes certain technical amendments to the 
Environmental Protection Agency's rule governing suspension and 
debarment under nonprocurement programs (40 CFR Part 32), to reflect 
the Agency's internal reorganization of the Office of Administration 
and Resources Management (OARM) and the Office of Grants and Debarment 
(OGD).

EFFECTIVE DATE: September 8, 1997.

FOR MORE INFORMATION CONTACT: Robert F. Meunier, EPA Suspending and 
Debarring Official, (3901F), 401 M Street, S.W., Washington, DC 20460. 
Telephone: (202) 564-5399; or E-Mail to: 
<a href="/cdn-cgi/l/email-protection#38555d4d56515d4a164a575a5d4a4c785d485955595154165d4859165f574e"><span class="__cf_email__" data-cfemail="b9d4dcccd7d0dccb97cbd6dbdccbcdf9dcc9d8d4d8d0d597dcc9d897ded6cf">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

A. Background

    On October 1, 1995, the OARM and the OGD implemented plans of 
internal reorganization that, among other things, created the full-time 
position of the EPA Suspending and Debarring Official. Under that plan, 
the nonsupervisory suspension and debarment duties previously performed 
by the OGD Director were delegated to the Suspending and Debarring 
Official. Similarly, the appellate duties previously performed by the 
Assistant Administrator for OARM were delegated to the Director, OGD. 
The following rule changes are made to reflect those changes. In 
addition, a typographical error in the definition of the term 
``conviction'' is corrected.

Rulemaking Analysis

B. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action.'' However, it has been 
sent to the Office of Management and Budget for review for consistency 
with the OMB Common Rule. In addition, this rule will not impose any 
enforceable duty or contain any unfunded mandate as described in the 
Unfunded Mandates Reform Act of 1995 (P.L. 104-4), or require prior 
consultation with State officials as specified by Executive Order 12875 
(58 FR 58093, October 28, 1993), or involve consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). Because this action is not 
subject to notice-and comment requirements under the Administrative 
Procedure Act or any other statute, it is not subject to the provisions 
of the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) The Paperwork Reduction Act does not apply because this rule does 
not contain information collection requirements for the approval of OMB 
under 44 U.S.C. 3501 et seq.
    Under 5 U.S.C. 801(a)(1)(A)as added by the Small Business 
Regulatory Fairness Act of 1996, EPA submitted a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives and the Comptroller General of the General 
Accounting Office prior to publication of this rule in today's Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Public Comments

    The EPA has not solicited public comments on this final rule.

List of Subjects in 40 CFR Part 32

    Environmental protection, Administrative practice and procedure.

    Dated: September 29, 1997.
Alvin M. Pesachowitz,
Acting Assistant Administrator, Office of Administration and Resources 
Management.

    For the reasons set out in the preamble, 40 CFR Part 32 is amended 
as follows:

PART 32--[AMENDED]

    1. The authority citation for part 32 continues to read as follows:

    Authority: E.O. 701 et seq.; 12549; 42 U.S.C. et seq.; 7 U.S.C. 
136 et seq.; 15 U.S.C. 2601 et seq.; 20 U.S.C. 4011 et seq.; 33 
U.S.C. 1251 et seq.; 42 U.S.C. 300f, 4901, 6901, 7401, 9801 et seq.; 
E.O. 12689; E.O. 11738; Pub. L. 103-355 Sec. 2455.


Sec. 32.105  [Amended]

    2. In Sec. 32.105, the definition of ``Conviction'' is amended by 
removing the word ``or'' the first time it appears and adding in its 
place the word ``of''.
    3. In Sec. 32.105, the definition of ``Debarring Official,'' is 
amended by removing paragraph (3).
    4. In Sec. 32.105, the definition of ``Suspending Official,'' is 
amended by removing paragraph (3).


Sec. 32.335   [Amended]

    5. In Sec. 32.335, paragraph (a) is amended by removing the term 
``Assistant Administrator for Administration and Resources Management'' 
and adding in its place the term ``Director, Office of Grants and 
Debarment''. Paragraphs (a), (b), (c) and (d) are amended by removing 
the six references to the term ``Assistant Administrator'' and adding 
in their places the term ``OGD Director''.


Sec. 32.430  [Amended]

    6. In Sec. 32.430, paragraph (a) is amended by removing the term 
``Assistant Administrator for Administration and Resources Management'' 
and adding in its place the term ``Director, Office of Grants and 
Debarment''. Paragraphs (a),(b), (c) and (d) are amended by removing 
the six references to the term ``Assistant Administrator'' and adding 
in their places the term ``OGD Director''.

[FR Doc. 97-23693 Filed 9-5-97; 8:45 am]
BILLING CODE 6560-50-P


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