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

6141 

Vol. 72, No. 27 

Friday, February 9, 2007 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

2 CFR Part 3254 and 45 CFR Part 1154 

RIN 3135–AA21 

National Endowment for the Arts 

Implementation of OMB Guidance on 

Nonprocurement Debarment and 

Suspension 

AGENCY: Office of the General Counsel, 

National Endowment for the Arts, Arts. 

ACTION: Final rule. 

SUMMARY: The National Endowment for 

the Arts (NEA) implements Office of 

Management and Budget (OMB) 

guidance on nonprocurement 

suspension and debarment, issued on 

August 31, 2005 [70 FR 51863], by 

adopting the guidelines in a new part in 

title 2 of the CFR, the Government-wide 

title recently established for OMB 

guidance on grants and agreements, and 

removing 45 CFR part 1154, the part 

containing the NEA implementation of 

the government-wide common rule on 

nonprocurement debarment and 

suspension. This regulatory action 

would make no substantive change in 

NEA policy or procedures for 

nonprocurement debarment and 

suspension. 

DATES: Effective Date: The rule will 

become effective March 12, 2007. 

FOR FURTHER INFORMATION CONTACT: 

National Endowment for the Arts, 

ATTN: Federal Register, 1100 

Pennsylvania Avenue, NW., Room 518, 

Washington, DC 20506; or Laura Nelson, 

(202) 682–5595. 

SUPPLEMENTARY INFORMATION: This final 

rule implements the OMB guidance and 

does not make any changes in current 

policies and procedures. 

Executive Order 12866 

This rule is not significant because 

the replacement of the common rule 

with OMB guidance and a brief NEA 

adopting regulation does not make any 

changes in current polices and 

procedures. 

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 in 2 CFR Part 3254 

Administrative practice and 

procedure, Debarment and suspension, 

Grant programs, Reporting and 

recordkeeping requirements. 

■ Accordingly, under the authority of 20 

U.S.C. 959(a)(1), NEA amends title 2, 

subtitle B, and title 45, chapter 1154, of 

the Code of Federal Regulations as 

follows: 

Title 2—Grants and Agreements 

■ 1. Add Chapter 32 to Subtitle B to 

read as follows: 

CHAPTER 32—NATIONAL ENDOWMENT 

FOR THE ARTS 

PART 3254—NONPROCUREMENT 

DEBARMENT AND SUSPENSION 

Sec. 

3254.10 What does this part do? 

3254.20 Does this part apply to me? 

3254.30 What policies and procedures must 

I follow? 

Subpart A—General 

3254.137 Who in the NEA may grant an 

exception to let an excluded person 

participate in a covered transaction? 

Subpart B—Covered Transactions 

3254.220 What contracts and subcontracts, 

in addition to those listed in 2 CFR 

180.220, are covered transactions? 

Subpart C—Responsibilities of Participants 

Regarding Transactions 

3254.332 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 

3254.437 What method do I use to 

communicate to a participant the 

requirements described in the OMB 

guidance at 2 CFR 180.435? 

Subpart E—I [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. 

§ 3254.10 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 National Endowment for the 

Arts (NEA) policies and procedures for 

nonprocurement debarment and 

suspension. It thereby gives regulatory 

effect for the NEA 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, Public Law 103– 

355, 108 Stat. 3327). 

§ 3254.20 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. 


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6142 Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Rules and Regulations 

(b) Respondent in a NEA suspension 

or debarment action. 

(c) NEA debarment or suspension 

official; 

(d) NEA grants officer, agreements 

officer, or other official authorized to 

enter into any type of nonprocurement 

transaction that is a covered transaction; 

§ 3254.30 What policies and procedures 

must I follow? 

The NEA 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., § 3254.220). For any section of 

OMB guidance in Subparts A through I 

of 2 CFR 180 that has no corresponding 

section in this part, NEA policies and 

procedures are those in the OMB 

guidance. 

Subpart A—General 

§ 3254.137 Who in the NEA may grant an 

exception to let an excluded person 

participate in a covered transaction? 

The NEA Chairman 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 

§ 3254.220 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 options lower tier coverage 

in the figure in the Appendix to 2 CFR 

part 180), NEA does not extend coverage 

of nonprocurement suspension and 

debarment requirements beyond firsttier procurement contracts under a 

covered nonprocurement transaction. 

Subpart C—Responsibilities of 

Participants Regarding Transactions 

§ 3254.332 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, 

as supplemented by this subpart. 

Subpart D—Responsibilities of Federal 

Agency Officials Regarding 

Transactions 

§ 3254.437 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, as supplemented by 

Subpart C of this part, and requires the 

participant to include a similar term or 

condition in lower-tier covered 

transactions. 

Subpart E—I [Reserved] 

Title 45 Public Welfare—Chapter XI—

National Endowment for the Arts 

PART 1154—[REMOVED] 

■ 2. Under authority 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 1154 is removed. 

Dated: January 31, 2007. 

Karen Elias, 

Acting General Counsel, National Endowment 

for the Arts. 

[FR Doc. 07–576 Filed 2–8–07; 8:45 am] 

BILLING CODE 7537–01–M 

OFFICE OF PERSONNEL 

MANAGEMENT 

[3206–AL05] 

5 CFR Part 950 

Solicitation of Federal Civilian and 

Uniformed Service Personnel for 

Contributions to Private Voluntary 

Organizations—Eligibility and Public 

Accountability Standards 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule, Technical 

Amendment. 

SUMMARY: The Office of Personnel 

Management (OPM) is making a 

technical amendment to the final 

regulations concerning the Combined 

Federal Campaign (CFC). This technical 

amendment corrects the final rule 

issued on November 20, 2006 by reinserting text that was erroneously 

removed. 

FOR FURTHER INFORMATION CONTACT: 

Mark W. Lambert by telephone at (202) 

606–2564; by FAX at (202) 606–5056; or 

by e-mail at cfc@opm.gov. 

DATES: This technical amendment is 

effective on February 9, 2007. 

SUPPLEMENTARY INFORMATION: In the 

final regulations issued on November 

20, 2006, OPM erroneously removed 

regulatory text in 5 CFR 950.203(a)(1) 

that had required a charitable 

organization applying to participate in 

the CFC to provide, in addition to its 

certification, ‘‘documentation describing 

the health and human welfare benefits 

provided by the organization within the 

previous year.’’ Although OPM has 

changed the manner in which it collects 

this documentation (as of 2007, it is 

included on the ‘‘Statement of Services’’

Attachment A to the application 

whereas in previous years it was a 

separate attachment to the application), 

OPM did not intend to remove the 

regulatory provision. As stated in the 

Supplementary Information to both the 

Proposed Rule, 71 FR 37003 (June 29, 

2006) and the Final Rule, ‘‘no changes 

were proposed to this standard and it 

remains the same as the existing 

regulation.’’ 71 FR 67276, 67277 

(November 20, 2006). The denotation 

‘‘(a) * * *’’ regarding regulatory 

changes under section 950.203 Public 

Accountability Standards, similarly 

indicates OPM’s intention to retain the 

provision at 5 CFR 950.203(a)(1) as it 

had previously existed. OPM believes 

that this documentation is an important 

requirement to ensure that only 

organizations that are currently 

providing human health and welfare 

services are admitted to participate in 

the CFC. As such, OPM is re-inserting 

this provision into the regulations via 

this technical amendment. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities. 

Charitable organizations applying to the 

CFC have an existing, independent 

obligation to comply with the eligibility 

and public accountability standards 

contained in current CFC regulations. 

This technical amendment will not 

cause significant additional burden. 

List of Subjects in 5 CFR Part 950 

Administrative practice and 

procedures, Charitable contributions, 

Government employees, Military 

personnel, Nonprofit organizations and 

Reporting and recordkeeping 

requirements. 

Office of Personnel Management. 

Linda M. Springer, 

Director, U.S. Office of Personnel 

Management. 

■ Accordingly, OPM amends 5 CFR part 

950 as follows: 


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