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

46529 

Vol. 73, No. 155 

Monday, August 11, 2008 

NATIONAL FOUNDATION FOR THE 

ARTS AND HUMANITIES 

2 CFR Part 3185 

45 CFR Part 1185 

RIN 3137–AA18 

Institute of Museum and Library 

Services Implementation of OMB 

Guidance on Nonprocurement 

Debarment and Suspension 

AGENCY: National Foundation for the 

Arts and Humanities; Institute of 

Museum and Library Services. 

ACTION: Direct final rule. 

SUMMARY: The Institute of Museum and 

Library Services (IMLS) 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 1185, the part 

containing the IMLS implementation of 

the government-wide common rule on 

nonprocurement debarment and 

suspension. This regulatory action 

would make no substantive change in 

IMLS policy or procedures for 

nonprocurement debarment and 

suspension. 

DATES: The effective date for this final 

rule is September 19, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Institute of Museum and Library 

Services, ATTN: Office of the General 

Counsel, 1800 M Street, NW., 9th Floor, 

Washington, DC 20036; or Calvin D. 

Trowbridge III, (202) 653–4675. 

Hearing-impaired individuals are 

advised that information on this matter 

may be obtained by contacting the IMLS 

TTY Phone on (202) 653–4614. 

SUPPLEMENTARY INFORMATION: This final 

rule implements the OMB guidance and 

does not make any changes in current 

policies and procedures. IMLS is not 

soliciting public comment on this rule 

and is instead issuing this rule as a 

direct final rule. Under 5 U.S.C. 

553(b)(3)(A) agencies are not required to 

undergo notice and comment procedure 

for ‘‘interpretative rules, general 

statements of policy, or rules of agency 

organization, procedure, or practice.’’ 

Because this rule adopts OMB’s 

published guidelines, which followed 

notice and comment procedures, and 

collocates IMLS’ specific 

nonprocurement suspension and 

debarment rules to title 2 of the CFR, we 

believe that it falls under the exception 

cited above. 

Executive Order 12866 

This rule is not significant because 

the replacement of the common rule 

with OMB guidance and a brief IMLS 

adopting regulation does not make any 

changes in current policies 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 

2 CFR Part 3185 

Administrative practice and 

procedure, Debarment and suspension, 

Grant programs, Reporting and 

recordkeeping requirements. 

45 CFR Part 1185 

Administrative practice and 

procedure, Debarment and suspension, 

Government contracts, Grant programs, 

Loan programs, Reporting and 

recordkeeping requirements. 

■ Accordingly, under the authority of 20 

U.S.C. 9103(f), IMLS amends Title 2, 

Subtitle B, and Title 45, Chapter 1185, 

of the Code of Federal Regulations as 

follows: 

Title 2—Grants and Agreements 

■ 1. Add Chapter XXXI to Subtitle B to 

read as follows: 

Chapter XXXI—Institute of Museum and 

Library Services 

PART 3185—NONPROCUREMENT 

DEBARMENT AND SUSPENSION 

Sec. 

3185.10 What does this part do? 

3185.20 Does this part apply to me? 

3185.30 What policies and procedures must 

I follow? 

Subpart A—General 

3185.137 Who in IMLS may grant an 

exception to let an excluded person 

participate in a covered transaction? 

Subpart B—Covered Transactions 

3185.220 What contracts and subcontracts, 

in addition to those listed in 2 CFR 

180.220, are covered transactions? 

Subpart C—Responsibilities of Participants 

Regarding Transactions 

3185.332 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 

3185.437 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: 20 U.S.C. 9103(f); 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. 


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46530 Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Rules and Regulations 

§ 3185.10 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 Institute of Museum and 

Library Services (IMLS) policies and 

procedures for nonprocurement 

debarment and suspension. It thereby 

gives regulatory effect for IMLS 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). 

§ 3185.20 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 an IMLS 

suspension or debarment action. 

(c) IMLS debarment or suspension 

official; 

(d) IMLS grants officer, agreements 

officer, or other official authorized to 

enter into any type of nonprocurement 

transaction that is a covered transaction. 

§ 3185.30 What policies and procedures 

must I follow? 

The IMLS 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., § 3185.220). For any section of 

OMB guidance in Subparts A through I 

of 2 CFR 180 that has no corresponding 

section in this part, IMLS policies and 

procedures are those in the OMB 

guidance. 

Subpart A—General 

§ 3185.137 Who in the IMLS may grant an 

exception to let an excluded person 

participate in a covered transaction? 

The IMLS Director 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 

§ 3185.220 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), IMLS 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 

§ 3185.332 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 

§ 3185.437 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 Foundation for the 

Arts and the Humanities 

PART 1185—[REMOVED] 

■ 2. Under authority Sec. 2455, Public 

Law 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 1185 is removed. 

Calvin D. Trowbridge III, 

Deputy General Counsel, Institute of Museum 

and Library Services. 

[FR Doc. E8–18207 Filed 8–8–08; 8:45 am] 

BILLING CODE 7036–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 351 

RIN 3206–AL64 

Competitive Area 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The U.S. Office of Personnel 

Management (OPM) is issuing final 

regulations that provide agencies with 

the option of establishing a reduction in 

force (RIF) competitive area that only 

includes pay band positions. An agency 

has this option when a RIF competitive 

area otherwise includes pay band 

positions and other positions that are 

not covered by one or more pay bands. 

DATES: Effective Date: These regulations 

are effective August 11, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Thomas A. Glennon by telephone on 

202–606–0960, by Fax on 202–606–

2329, by TDD on 202–418–3134, or by 

e-mail at employ@opm.gov. 

SUPPLEMENTARY INFORMATION: On April 

15, 2008, OPM published proposed 

reduction in force (RIF) regulations in 

the Federal Register at 73 FR 20180. 

Interested parties could submit 

comments to OPM on the regulations 

through May 15, 2008. OPM received 

timely comments from three agencies, 

two unions, and two individuals on 

these proposed regulations. We 

considered all of the timely comments 

in publishing this final regulation. 

Below is a discussion of the specific 

comments. 

Discussion of Comments 

All three agencies concurred with the 

option of establishing a separate 

competitive area for pay band positions. 

One agency supported our proposed 

regulation without any additional 

comments or suggestions. 

Two agencies concurred, but had 

additional comments. One agency 

suggested that OPM further revise the 

RIF regulations to allow agencies the 

additional option of establishing 

separate competitive areas for 

individual pay band systems when a 

competitive area includes more than 

one pay band system. OPM did not 

adopt this suggestion. Because all pay 

band systems have common 

characteristics flowing from the 

consolidation of former graded positions 

into broad pay bands, we see no need 

to further allow agencies the additional 

option of establishing separate 

competitive areas for individual pay 


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