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

34143 

Vol. 76, No. 113 

Monday, June 13, 2011 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

2 CFR Part 780 

22 CFR Part 208 

RIN 0412–AA67 

Implementation of OMB Guidance on 

Government-Wide Debarment and 

Suspension (Non-procurement) 

AGENCY: U.S. Agency for International 

Development. 

ACTION: Final Rule. 

SUMMARY: The U.S. Agency for 

International Development (USAID) is 

removing its regulation implementing 

the Government-wide common rule on 

debarment and suspension (nonprocurement), currently located in Part 

208 of Title 22 of the Code of Federal 

Regulations (CFR), and issuing a new 

regulation to adopt the Office of 

Management and Budget (OMB) 

guidance at 2 CFR part 180. This 

regulatory action implements the OMB’s 

initiative to streamline and consolidate 

into one title of the CFR all Federal 

regulations on debarment and 

suspension. These changes constitute an 

administrative simplification that would 

make no substantive change in USAID 

policy or procedures for debarment and 

suspension. 

DATES: This final rule is effective on 

August 12, 2011 without further action. 

Submit comments by July 13, 2011 on 

any unintended changes this action 

makes in USAID policies and 

procedures for debarment and 

suspension. All comments on 

unintended changes will be considered 

and, if warranted, USAID will revise the 

rule. 

ADDRESSES: You may submit comments, 

identified by RIN 0412–AA67 in the 

subject line to Ms. M. E. Yearwood, 

USAID—M/OAA/P, SA–44, 867B, 1300 

Pennsylvania Ave., NW., Washington, 

DC 20523, e-mail 

myearwood@usaid.gov, fax (202) 567– 

4695 

FOR FURTHER INFORMATION CONTACT: 

Melita E. Yearwood, Procurement 

Analyst, Office of Acquisition and 

Assistance, Policy Division at (202) 

567–4672. 

SUPPLEMENTARY INFORMATION: 

Background 

When it established Title 2 of the CFR 

as the new central location for OMB 

guidance and agency implementing 

regulations concerning grants and 

agreements [69 FR 26276, May 11, 

2004], OMB announced its intention to 

replace common rules with OMB 

guidance that agencies could adopt in 

brief regulations. OMB began that 

process by proposing [70 FR 51863, 

August 31, 2005] and finalizing [71 FR 

66431, November 15, 2006] 

Government-wide guidance on nonprocurement suspension and debarment 

in 2 CFR part 180. 

The guidance requires each agency to 

replace the common rule on debarment 

and suspension requirements that the 

agency previously issued in its own CFR 

title with a brief regulation in 2 CFR 

adopting the Government-wide policies 

and procedures. One advantage of this 

approach is that it reduces the total 

volume of drug-free workplace 

regulations. A second advantage is that 

it collocates OMB’s guidance and all of 

the agencies’ implementing regulations 

in 2 CFR. 

OMB published interim final 

guidance in the Federal Register on 

August 31, 2005 [70 FR 51863]. The 

August 2005 Federal Register Notice 

stated that the substantive content of the 

interim final guidelines was intended to 

conform with the substance of the 

Federal agencies’ most recent update to 

the common rule [68 FR 66534, 

November 26, 2003]. 

The Current Regulatory Actions 

As the OMB guidance requires, 

USAID is taking two regulatory actions. 

First, we are removing the debarment 

and suspension common rule from 22 

CFR Part 208. Second, to replace the 

common rule, we are issuing a brief 

regulation in 2 CFR Part 180 to adopt 

the Government-wide policies and 

procedures in the OMB guidance. 

Invitation to Comment 

Taken together, these regulatory 

actions are solely an administrative 

simplification and are not intended to 

make any substantive change in policies 

or procedures. In soliciting comments 

on these actions, we therefore are not 

seeking to revisit substantive issues that 

were resolved during the development 

of the final common rule in 2003. We 

are inviting comments specifically on 

any unintended changes in substantive 

content that the new part in 2 CFR 

would make relative to the common rule 

at 22 CFR part 208. 

Administrative Procedure Act 

Under the Administrative Procedure 

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

propose a regulation and offer interested 

parties the opportunity to comment 

before it becomes effective. However, as 

described in the ‘‘Background’’ section 

of this preamble, the policies and 

procedures in this regulation have been 

proposed for comment two times—one 

time by Federal agencies as a common 

rule in 2003 and a second time by OMB 

as guidance in 2006—and adopted each 

time after resolution of the comments 

received. 

This direct final rule is solely an 

administrative simplification that would 

make no substantive change in USAID’s 

policy or procedures for debarment and 

suspension. We therefore believe that 

the rule is noncontroversial and do not 

expect to receive adverse comments, 

although we are inviting comments on 

any unintended substantive change this 

rule makes. 

Accordingly, we find 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 August 12, 2011 without 

further action, unless we receive 

adverse comment by July 13, 2011. If 

any comment on unintended changes is 

received, it will be considered and, if 

warranted, we will publish a timely 

revision of the rule. 

Executive Order 12866 

OMB has determined this rule to be 

not significant for purposes of E.O. 

12866. 


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34144 Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Rules and Regulations 

Regulatory Flexibility Act of 1980 

(5 U.S.C. 605(b)) 

This proposed 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 proposed 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 proposed 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 780 

Administrative practice and 

procedure, Debarment and suspension, 

Grant programs, Grants administration, 

Reporting and recordkeeping 

requirements, Government 

procurement. 

22 CFR Part 208 

Administrative practice and 

procedure, Debarment and suspension, 

Grant programs, Grants administration, 

Reporting and recordkeeping 

requirements, Government 

procurement. 

Accordingly, for the reasons set forth 

in the preamble, and under the 

authority of 5 U.S.C. 301, the USAID 

amends the Code of Federal 

Regulations, Title 2, Subtitle B, by 

establishing Chapter VII, consisting of 

part 780 and to read as follows: 

■ 1. Chapter VII, consisting of part 780 

is added to Title 2 to read as follows: 

CHAPTER VII—AGENCY FOR 

INTERNATIONAL DEVELOPMENT 

PART 780—NONPROCUREMENT 

DEBARMENT AND SUSPENSION 

Sec. 

780.10 What does this part do? 

780.20 Does this part apply to me? 

780.30 What policies and procedures must 

I follow? 

Subpart A—General 

780.137 Who in the Agency for 

International Development may grant an 

exception to let an excluded person 

participate in a covered transaction? 

Subpart B—Covered Transactions 

780.220 What contracts and subcontracts, 

in addition to those listed in 2 CFR 

180.220, are covered transactions? 

Subpart C—Responsibilities of Participants 

Regarding Transactions 

780.332 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 

780.437 What method do I use to 

communicate to a participant the 

requirements described in the OMB 

guidance at 2 CFR 180.435? 

Subparts E–H—[Reserved] 

Subpart I—Definitions 

780.930 Debarring Official (Agency for 

International Development supplement 

to government-wide definition at 2 CFR 

180.930). 

780.1010 Suspending Official (Agency for 

International Development supplement 

to government-wide definition at 2 CFR 

180.1010). 

Subpart 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. 

§ 780.10 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 USAID policies and 

procedures for non-procurement 

debarment and suspension. It thereby 

gives regulatory effect for USAID 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 section 2455 of the Federal 

Acquisition Streamlining Act of 1994, 

Public Law 103–355 (31 U.S.C. 6101 

note). 

§ 780.20 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 

‘‘non-procurement transaction’’ at 2 CFR 

180.970); 

(b) Respondent in a USAID 

suspension or debarment action; 

(c) USAID debarment or suspension 

official; and 

(d) USAID grants officer, agreements 

officer, or other official authorized to 

enter into any type of non-procurement 

transaction that is a covered transaction. 

§ 780.30 What policies and procedures 

must I follow? 

The USAID 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 and any supplemental policies and 

procedures set forth in this part. 

Subpart A—General 

§ 780.137 Who in USAID may grant an 

exception to let an excluded person 

participate in a covered transaction? 

The Director, Office of Acquisition 

and Assistance or designee, may grant 

an exception permitting an excluded 

person to participate in a particular 

covered transaction. If the Director, 

Office of Acquisition and Assistance 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. 

Subpart B—Covered Transactions 

§ 780.220 What contracts and 

subcontracts, in addition to those listed in 

2 CFR 180.220, are covered transactions? 

In addition to the contracts covered 

under 2 CFR 180.220(b) of the OMB 

guidance, this part applies to any 

contract, regardless of tier, that is 

awarded by a contractor, subcontractor, 

supplier, consultant, or its agent or 

representative in any transaction, if the 

contract is to be funded or provided by 

the USAID under a covered nonprocurement transaction and the 

amount of the contract is expected to 

equal or exceed $25,000. This extends 

the coverage of the USAID nonprocurement suspension and debarment 

requirements to all lower tiers of 

subcontracts under covered nonprocurement transactions, as permitted 

under the OMB guidance at 2 CFR 

180.220(c) (see optional lower tier 

coverage in the figure in the appendix 

to 2 CFR part 180). 


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Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Rules and Regulations 34145 

Subpart C—Responsibilities of 

Participants Regarding Transactions 

§ 780.332 What requirements must I pass 

down to persons 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, 

as supplemented by this subpart. 

Subpart D—Responsibilities of Federal 

Agency Officials Regarding 

Transactions 

§ 780.437 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 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–H—[Reserved] 

Subpart I—Definitions 

§ 780.930 Debarring Official (Agency for 

International Development supplement to 

government-wide definition at 2 CFR 

180.930). 

The Debarring Official for USAID is 

the Director of the Office of Acquisition 

and Assistance. 

§ 780.1010 Suspending Official (Agency 

for International Development supplement 

to government-wide definition at 2 CFR 

180.1010). 

The Suspending Official for USAID is 

the Director of the Office of Acquisition 

and Assistance. 

Subpart J—[Reserved] 

■ 2. Title 22, chapter II is amended by 

removing part 208. 

Dated: March 24, 2011. 

M.E. Yearwood, 

Acquisitions and Assistance Policy Analyst, 

USAID. 

[FR Doc. 2011–14242 Filed 6–10–11; 8:45 am] 

BILLING CODE 6116–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0453] 

RIN 1625–AA00 

Safety Zone, Barrier Testing 

Operations, Chicago Sanitary and Ship 

Canal, Romeoville, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Chicago Sanitary and Ship Canal 

(CSSC) near Romeoville, IL. This 

temporary final rule is intended to 

restrict all vessels from transiting the 

navigable waters of the CSSC. This 

safety zone is necessary to protect the 

waters, waterway users, and vessels 

from the hazards associated with U.S. 

Army Corps of Engineers (USACE) 

temporary simultaneous operation of 

dispersal barrier IIA and IIB. 

DATES: This rule is effective on June 10, 

2011. This rule will remain in effect 

until 5 p.m. on June 21, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0453 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0453 in the ‘‘Keyword’’ 

box, and then clicking ‘‘search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, contact or e-mail BM1 Adam Kraft, 

U.S. Coast Guard Sector Lake Michigan, 

at 414–747–7148 or 

Adam.D.Kraft@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because waiting 

for a notice and comment period to run 

would be impracticable and contrary to 

the public interest in that it would 

inhibit the Coast Guard’s ability to 

protect the public from the hazards 

associated with the U.S. Army Corps of 

Engineers’ simultaneous operation of 

electric barriers IIA and IIB. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. For the reasons discussed in 

the preceding paragraph, a 30-day 

notice period would be impractical and 

contrary to the public interest. 

Background and Purpose 

In 2007, the Department of the 

Interior through the Fish and Wildlife 

Service listed the Asian Carp and the 

Silver Carp as Injurious Wildlife 

Species. Based upon testing conducted 

by the USACE, the Asian carp is 

presently migrating toward the Great 

Lakes through the CSSC and connected 

tributaries. Scientists are concerned that 

if these aquatic nuisance species reach 

the Great Lakes in sufficient numbers 

they might devastate the Great Lakes 

commercial and sport fishing industries. 

The Nonindigenous Aquatic Nuisance 

Prevention and Control Act of 1990, as 

amended by the National Invasive 

Species Act of 1996, authorized the 

USACE to conduct a demonstration 

project to identify an environmentally 

sound method for preventing and 

reducing the dispersal of nonindigenous aquatic nuisance species 

through the CSSC. The USACE selected 

an electric barrier because it is a nonlethal deterrent with a proven history, 

which does not overtly interfere with 

navigation in the canal. 

A demonstration dispersal barrier 

(Barrier I) was constructed and has been 

in operation since April 2002. It is 

located approximately 30 miles from 

Lake Michigan and creates an electric 

field in the water by pulsing low voltage 

DC current through steel cables secured 

to the bottom of the canal. A second 

barrier (Barrier IIA) was constructed 800 

to 1300 feet downstream of the Barrier 

I. Barrier IIA is currently operating at 

two volts per inch, 15 Hertz and 6.5ms. 

Construction on Barrier IIB has been 

completed. Operational and safety 

testing was conducted in February 2011 

and is being analyzed. The completion 


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