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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Rules and Regulations Federal Register

27923 

Vol. 75, No. 96 

Wednesday, May 19, 2010 

NUCLEAR REGULATORY 

COMMISSION 

2 CFR Chapter XX 

[NRC–2010–0005] 

RIN 3150–AI76 

Nonprocurement Debarment and 

Suspension 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is issuing new 

regulations governing nonprocurement 

debarment and suspension. These 

regulations cover grants, cooperative 

agreements and other nonprocurement 

transactions and adopt and supplement, 

to a limited extent, Office of 

Management and Budget (OMB) 

guidance on nonprocurement 

debarment and suspension found in 

OMB’s regulations. 

DATES: Effective June 18, 2010. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

Federal Rulemaking Web site: 

Supporting materials related to this final 

rule can be found at http:// 

www.regulations.gov by searching on 

Docket ID: NRC–2010–0005. 

FOR FURTHER INFORMATION CONTACT: 

Ruth Kowarski Cooke, Senior Attorney, 

Office of the General Counsel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555, Telephone 

301–415–3412, e-mail 

ruth.kowarskicooke@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 11, 2004 (69 FR 26275), OMB 

issued guidance governing Governmentwide Grants and Agreements which it 

published in 2 CFR. This title has two 

subtitles. Subtitle A, ‘‘Government-wide 

Grants and Agreements,’’ contains OMB 

policy guidance to Federal agencies on 

grants and agreements. Subtitle B, 

‘‘Federal Agency Regulations for Grants 

and Agreements,’’ contains the 

regulations promulgated by Federal 

agencies where the OMB guidance is 

implemented. 

On August 31, 2005 (70 FR 51863), 

OMB published interim final guidance 

for government-wide nonprocurement 

debarment and suspension in the 

Federal Register. The interim final 

guidance updated previous OMB 

guidance that was issued under 

Executive Order (EO) 12549, 

‘‘Debarment and Suspension’’ (February 

18, 1986), which gave government-wide 

effect to each Executive agency’s 

nonprocurement debarment and 

suspension actions. 

Section 6 of the EO authorized OMB 

to issue guidance to Executive agencies 

on nonprocurement debarment and 

suspension, including provisions 

prescribing government-wide criteria 

and minimum due process procedures. 

Section 3 directed Executive agencies to 

issue regulations implementing the EO 

that are consistent with the OMB 

guidelines. OMB’s interim final 

guidance was published in 2 CFR part 

180 in a form suitable for agency 

adoption, thus eliminating the need for 

each agency to repeat the full text of the 

OMB government-wide guidance in its 

implementing regulations. This 

approach makes it easier for recipients 

of covered transactions or respondents 

in debarment or suspension actions to 

locate the applicable requirements, 

reduces the volume of regulations, and 

streamlines the process for updating the 

governmentwide requirements on 

nonprocurement debarment and 

suspension. On November 15, 2006 (71 

FR 66431), OMB published a final rule 

adopting the interim final guidance with 

changes. 

Although the NRC is not required to 

promulgate regulations on this subject, 

as NRC is not an ‘‘executive agency’’ for 

purposes of Executive Order 12549 or 

Executive Order 12689, it has chosen to 

do so. NRC is adopting the 

governmentwide debarment and 

suspension system requirements 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). 

This final rule places NRC’s 

nonprocurement debarment and 

suspension regulations in subtitle B of 

2 CFR, along with other agencies’ 

nonprocurement debarment and 

suspension rules. This action is in 

conformance with OMB final guidance. 

The NRC therefore is promulgating 2 

CFR part 2000, which adopts the OMB 

guidance presented in 2 CFR part 180 as 

supplemented with a few agencyspecific provisions. 

II. Rulemaking Procedure 

The Nuclear Regulatory Commission 

is promulgating this final rule without 

affording the opportunity for public 

comment. 5 U.S.C. 553(a)(2) provides 

that notice and comment is not 

necessary when the rulemaking action 

concerns a matter relating to grants, 

benefits or contracts or to a matter 

relating to agency management or 

personnel. 

III. Section-by-Section Analysis 

Section 2000.10 What does this part 

do? 

This section explains that NRC, acting 

under its discretionary authority, is 

promulgating a regulation adopting 

OMB’s guidance on nonprocurement 

debarment and suspension found in 2 

CFR part 180 for programs and activities 

involving Federal financial and 

nonfinancial assistance and benefits. 

The NRC is giving regulatory effect to 


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27924 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Rules and Regulations 

OMB guidance set forth at subpart A of 

2 CFR part 180. 

Section 2000.20 Does this part apply 

to me? 

This section identifies who is covered 

by the debarment and suspension 

regulations. It also identifies which NRC 

officials are responsible for 

implementing this regulation. 

Section 2000.30 What policies and 

procedures must I follow? 

This section adopts the policies and 

procedures set forth in 2 CFR part 180. 

This section also explains the 

numbering used in these regulations. 

Section 2000.135 Who in the Nuclear 

Regulatory Commission may grant an 

exception to let an excluded person 

participate in a covered transaction? 

This section supplements guidance 

contained in 2 CFR 180.135 by 

identifying the NRC Director of the 

Office of Administration as the NRC 

official who has the authority to grant 

exceptions to a suspension or 

debarment action, thereby allowing for 

participation of a person in a particular 

covered transaction. 

Section 2000.220 What contracts and 

subcontracts, in addition to those listed 

in 2 CFR 180.220, are covered 

transactions? 

This section supplements covered 

transaction guidance contained in 2 CFR 

180.220 by explaining that NRC has 

chosen not to extend the coverage of 

nonprocurement suspension and 

debarment requirements beyond firsttier procurement contracts that are 

covered by 2 CFR 180.220. 

Section 2000.330 What method must I 

use to pass requirements down to 

participants at lower tiers with whom I 

intend to do business? 

This section requires NRC employees 

to include a term or condition in every 

nonprocurement agreement requiring 

compliance with the verification 

responsibilities set forth at subpart C of 

2 CFR part 180. The section also 

requires that the verification 

requirement be passed through to all 

lower level agreements between the 

nonprocurement agreement holder and 

its subcontractors. 

Section 2000.930 Debarring Official 

This section provides that the NRC 

debarring official, who is authorized to 

debar an entity from entering into a 

covered transaction, is the Director of 

the Office of Administration. 

Section 2000.1010 Suspending Official 

This section provides that the NRC’s 

suspending official, who is authorized 

to suspend entity from entering into a 

covered transaction, is the Director of 

the Office of Administration. 

IV. Environmental Impact: Categorical 

Exclusion 

The Commission has determined that 

this rule is the type of action described 

in categorical exclusion 10 CFR 

51.229(c)(1). This rule makes nonsubstantive changes to NRC’s 

nonprocurement debarment and 

suspension procedures. Accordingly, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

V. Paperwork Reduction Act 

This regulatory action will not impose 

any additional reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act. 

VI. Backfit Analysis 

The NRC has determined that this 

rulemaking does not contain provisions 

which constitute backfitting as defined 

in any of the NRC’s backfitting 

provisions in 10 CFR Title I, nor are 

these provisions inconsistent with the 

issue resolution and finality provisions 

in 10 CFR part 52. The requirements in 

the rulemaking address the NRC’s 

policies and procedures for 

nonprocurement debarment and 

suspension, and as such, do not 

constitute new requirements or changes 

to requirements governing the design, 

the organization of licensees, or 

procedures of licensees for operating 

facilities or conducting licensed 

activities as defined in the backfitting 

provisions in 10 CFR Chapter I. 

VII. Congressional Review Act 

In accordance with the Congressional 

Review Act of 1996, the NRC has 

determined that this action is not a 

major rule and has verified this 

determination with the Office of 

Information and Regulatory Affairs of 

OMB. 

List of Subjects for 2 CFR Part 2000 

Administrative practice and 

procedure, Debarment and suspension, 

Grant programs, Reporting and 

recordkeeping requirements. 

■ For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 552 and 553, 

the NRC is amending Title 2 Subtitle B 

by adding Chapter XX consisting of part 

2000 to read as follows: 

CHAPTER XX—UNITED STATES NUCLEAR 

REGULATORY COMMISSION 

PART 2000—NONPROCUREMENT 

DEBARMENT AND SUSPENSION 

Subpart A—General 

Sec. 

2000.10 What does this part do? 

2000.20 Does this part apply to me? 

2000.30 What policies and procedures 

must I follow? 

2000.135 Who in the Nuclear Regulatory 

Commission may grant an exception to 

let an excluded person participate in a 

covered transaction? 

Subpart B—Covered Transactions 

2000.220 What contracts and subcontracts, 

in addition to those listed in 2 CFR 

180.220, are covered transactions? 

Subpart C—Responsibilities of Participants 

Regarding Transactions 

2000.330 What method must I use to pass 

requirements down to participants at 

lower tiers with whom I intend to do 

business? 

Subpart D–H [Reserved] 

Subpart I—Definitions 

2000.930 Debarring official. 

2000.1010 Suspending official. 

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 and 10 U.S.C. 113. 

Subpart A—General 

§ 2000.10 What does this part do? 

This part promulgates a regulation 

adopting the Office of Management and 

Budget (OMB) guidance in subparts A 

through I of 2 CFR part 180, establishing 

the United States Nuclear Regulatory 

Commission (NRC) policies and 

procedures for nonprocurement 

debarment and suspension. NRC 

thereby gives regulatory effect to the 

OMB guidance. It also supplements the 

OMB guidance by identifying NRC 

implementing officials and identifying 

how to pass these requirements through 

to other entities. 

§ 2000.20 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: 

(a) Participant or principal in a 

‘‘covered transaction’’; 

(b) Respondent in an NRC 

nonprocurement suspension or 

debarment action; 

(c) NRC debarment or suspension 

official; or 

(d) NRC grants officer, agreements 

officer, or other official authorized to 


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Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Rules and Regulations 27925 

enter into a covered nonprocurement 

transaction. 

§ 2000.30 What policies and procedures 

must I follow? 

(a) The NRC 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 those in this part. The NRC has 

closely tracked OMB’s numbering 

scheme. For example, the contracts 

under a nonprocurement transaction 

that are covered transactions that are in 

section 220 of the OMB guidance (i.e., 

2 CFR 180.220) are found in § 2000.220. 

(b) For any section of OMB guidance 

in subparts A through I of 2 CFR part 

180 that has no corresponding section in 

this part, NRC requirements are those in 

the OMB guidance at 2 CFR part 180. 

§ 2000.135 Who in the Nuclear Regulatory 

Commission may grant an exception to let 

an excluded person participate in a covered 

transaction? 

The Director, Office of Administration 

or another official designated by the 

Director, has the authority to grant a 

written exception to let an excluded 

person participate in a covered 

transaction, as provided in guidance at 

2 CFR 180.135. The Director or other 

official designated by the Director shall 

explain the reason(s) for deviating from 

the governmentwide policy. 

Subpart B—Covered Transactions 

§ 2000.220 What contracts and 

subcontracts, in addition to those listed in 

2 CFR 180.220, are covered transactions? 

The NRC nonprocurement suspension 

and debarment requirements apply only 

to first-tier procurement contracts under 

a covered nonprocurement transaction. 

Subpart C—Responsibilities of 

Participants Regarding Transactions 

§ 2000.330 What method must be used to 

pass requirements down to participants at 

lower tiers? 

A participant in a covered transaction 

must include a term or condition in any 

lower-tier covered transaction to require 

the participant of that transaction to— 

(a) Comply with subpart C of the OMB 

guidance in 2 CFR part 180; and 

(b) Include a similar term or condition 

in any covered transaction into which it 

enters at the next lower tier. 

Subpart E–H [Reserved] 

Subpart I—Definitions 

§ 2000.930 Debarring official. 

The Debarring Official for the United 

States Nuclear Regulatory Commission 

is the Director, Office of Administration. 

§ 2000.1010 Suspending official. 

The suspending official for the United 

States Nuclear Regulatory Commission 

is the Director, Office of Administration. 

Dated at Rockville, Maryland, this 30th day 

of April 2010. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2010–11844 Filed 5–18–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 381 

[Docket No. FSIS–2007–0045] 

Use of Turkey Shackle in Bar-Type Cut 

Operations; Correcting Amendment 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Correcting amendment. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is amending 

the Federal poultry products inspection 

regulations to correct an inadvertent 

error in the required shackle width for 

Bar-type cut turkey operations that use 

J-type cut maximum line speeds. 

DATES: This amendment is effective May 

19, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Burke, Risk and Innovations 

Management Division, Office of Policy 

and Program Development, FSIS, U.S. 

Department of Agriculture, Room 2– 

2118 George Washington Carver Center, 

5601 Sunnyside Avenue, Beltsville, MD 

20705, (301) 504–0843. 

SUPPLEMENTARY INFORMATION: On 

September 8, 2008, FSIS published a 

final rule that provides that turkey 

slaughter establishments that open 

turkey carcasses with Bar-type cuts may 

operate at the maximum line speeds 

established for J-type cuts if they use a 

shackle with a 4-inch by 4-inch selector 

(or kickout), a 45 degree bend of the 

lower 2 inches, an extended central loop 

portion of the shackle that lowers the 

abdominal cavity opening of the 

carcasses to an angle of 30 degrees from 

the vertical in direct alignment with the 

inspector’s view, and a width of 10.5 

inches (73 FR 51899). The specified 

shackle width of 10.5 inches is a 

typographical error, and the correct 

width is 10 inches. This notice corrects 

the error and amends § 381.68 to specify 

the correct 10-inch shackle width for 

Bar-type cut turkey operations that use 

J-type cut maximum line speeds. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

ensure that minorities, women, and 

persons with disabilities are aware of 

this proposed rule, FSIS will announce 

it online through the FSIS Web page 

located at http://www.fsis.usda.gov/ 

Regulations_&_Policies/ 

2010_Notices_Index/index.asp. FSIS 

will also make copies of this Federal 

Register publication available through 

the FSIS Constituent Update, which is 

used to provide information regarding 

FSIS policies, procedures, regulations, 

Federal Register notices, FSIS public 

meetings, and other types of information 

that could affect or would be of interest 

to constituents and stakeholders. The 

Update is communicated via Listserv, a 

free electronic mail subscription service 

for industry, trade groups, consumer 

interest groups, health professionals, 

and other individuals who have asked 

to be included. The Update is also 

available on the FSIS Web page. 

Through the Listserv and Web page, 

FSIS is able to provide information to a 

much broader and more diverse 

audience. In addition, FSIS offers an email subscription service which 

provides automatic and customized 

access to selected food safety news and 

information. This service is available at 

http://www.fsis.usda.gov/ 

news_and_events/email_subscription/. 

Options range from recalls to export 

information to regulations, directives 

and notices. Customers can add or 

delete subscriptions themselves, and 

have the option to password protect 

their accounts. 

List of Subjects in 9 CFR Part 381 

Poultry product inspection, Postmortem. 

■ For the reasons set forth in the 

preamble, 9 CFR part 381 is corrected by 

making the following correcting 

amendment: 

PART 381—POULTRY PRODUCTS 

INSPECTION REGULATIONS 

■ 1. The authority citation for part 381 

continues to read as follows: 

Authority: 21 U.S.C. 451 et seq. 


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