65342 Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Rules and Regulations 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

establishment of a safety zone and, 

therefore it is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0902 to read as 

follows: 

§ 165.T09–0902 Safety Zone; Pier 

Removal, WI Central Railroad Bridge, Fox 

River, Green Bay, WI. 

(a) Location. All waters of the Fox 

River near Green Bay, Wisconsin within 

a 1000-foot radius of the Wisconsin 

Central Railroad Bridge in approximate 

position 44°30′14′′ N, 088°01′22′′ W 

(NAD 83). 

(b) Effective and enforcement period. 

This rule is effective from 6 a.m. on 

October 25, 2014 until 9 p.m. on 

November 30, 2014. This rule will be 

enforced intermittently with actual 

notice from 6 a.m. until 9 p.m. on each 

day of October 27, 2014 and October 28, 

2014. If there is a rescheduling of the 

demolition project within this effective 

date range, the Captain of the Port Lake 

Michigan will establish an updated 

enforcement date with a Notice of 

Enforcement. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan or her 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or her designated onscene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Lake Michigan 

is any Coast Guard commissioned, 

warrant or petty officer who has been 

designated by the Captain of the Port 

Lake Michigan to act on her behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Lake 

Michigan or her on-scene representative 

to obtain permission to do so. The 

Captain of the Port Lake Michigan or her 

on-scene representative may be 

contacted via VHF Channel 16. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port Lake Michigan or her 

on-scene representative. 

Dated: October 14, 2014. 

A.B. Cocanour, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lake Michigan. 

[FR Doc. 2014–26094 Filed 11–3–14; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 601 

Purchasing of Property and Services; 

Supplier Debarment, Suspension, and 

Ineligibility 

AGENCY: Postal Service.TM

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

its regulations governing supplier 

debarment, suspension, and ineligibility 

to reflect that the Postal Service has 

eliminated its separate list of debarred, 

suspended, or ineligible suppliers, and 

now uses the list maintained by the 

General Services Administration (GSA) 

under its System for Award 

Management (SAM). 

DATES: Effective date: December 4, 2014. 

FOR FURTHER INFORMATION CONTACT: Paul 

McGinn, 202–268–4368. 

SUPPLEMENTARY INFORMATION: The Postal 

Service (USPS®) is revising 39 CFR 

601.113, governing supplier debarment, 

suspension, and ineligibility. The Postal 

Service has eliminated its own separate 

list of debarred, suspended, and 

ineligible suppliers, and now uses the 

GSA’s System for Award Management 

(SAM) to determine whether a 

particular supplier is suspended, 

debarred, or ineligible, and to notify the 

public when the USPS suspends or 

debars a supplier. Necessary changes 

have been made to the language of 

§ 601.113, including replacement of the 

term ‘‘debarment, suspension, and 

ineligibility’’ with ‘‘suspension, 

debarment, and ineligibility’’ to reflect 

the sequence of events followed in that 


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process. These changes are explained in 

more detail below. 

Additionally, 39 CFR 601.108(c), 

concerning SDR Official disagreement 

resolution, has been revised to provide 

a new address for lodging supplier 

disagreements. 

Explanation of Changes 

Section 601.108: SDR Official 

Disagreement Resolution 

Paragraph (c) of this section has been 

revised to provide a new address for a 

supplier to lodge a disagreement with 

the Supplier Disagreement Resolution 

Official (SDRO). 

Section 601.113: Debarment, 

Suspension, and Ineligibility 

Throughout this section, references to 

the Postal Service’s List of Debarred, 

Suspended, and Ineligible Suppliers 

have been replaced by references to the 

General Services Administration’s 

(GSA) System for Award Management 

(SAM). 

The title of § 601.113 Debarment, 

suspension, and ineligibility has been 

changed to Suspension, debarment, and 

ineligibility, and throughout this 

section, the term ‘‘debarred, suspended, 

and ineligible’’ and variants thereof 

have been replaced by the term 

‘‘suspended, debarred, and ineligible.’’ 

Paragraph (c)(1) states that the Postal 

Service uses SAM to determine whether 

a supplier has been suspended, 

debarred, or proposed for debarment. 

Paragraph (c)(2) states that SAM 

maintains a consolidated database of all 

persons and entities suspended, 

debarred, proposed for debarment, or 

declared ineligible by Federal agencies 

or the Government Accountability 

Office (GAO), which is accessible to the 

public at https://www.sam.gov. 

Paragraph (c)(3) states that, through a 

representative, the Postal Service’s vice 

president, Supply Management, will use 

SAM to report Postal Service 

suspension, debarment, and proposed 

debarment decisions, including changes 

in the status of any suspended or 

debarred supplier or affiliate. 

The title of paragraph (d)(1) has been 

changed to Treatment of suppliers 

included in the SAM Exclusions 

database, and this paragraph has been 

revised to delete the reference to the 

Postal Service list. 

Old paragraph (d)(2) has been deleted 

because of the discontinuance of the 

Postal Service list, and paragraphs 

(d)(3), (d)(4), and (d)(5) have been 

renumbered. Earlier discussion and 

references in these paragraphs to the 

Postal Service list have been deleted. 

These paragraphs have all been revised 

to reference SAM rather than previous 

lists. 

Paragraph (e) has been retitled Causes 

for suspension. No further changes have 

been made to this paragraph. 

Paragraph (f) has been retitled Period 

of suspension. No further changes have 

been made to this paragraph. 

Paragraph (g) has been retitled 

Procedural requirements for suspension. 

No further changes have been made to 

this paragraph. 

Paragraph (h) has been retitled Causes 

for debarment. No further changes have 

been made to this paragraph. 

Paragraph (i) has been retitled 

Mitigating factors. No further changes 

have been made to this paragraph. 

Paragraph (j) has been retitled Period 

of debarment. No further changes have 

been made to this paragraph. 

Paragraph (k) has been retitled 

Procedural requirements for debarment. 

In addition, language has been added to 

lay out in greater detail the procedural 

steps of the debarment process, 

including the requirement that the 

supplier may submit, in person or in 

writing, information and argument in 

opposition to the proposed debarment. 

Old paragraph (k)(3) has been deleted 

and (k)(4) and (k)(5) have been 

renumbered. 

List of Subjects in 39 CFR Part 601 

Government procurement, Postal 

Service. 

Accordingly, 39 CFR part 601 is 

amended as follows: 

PART 601—PURCHASING OF 

PROPERTY AND SERVICES 

■ 1. The authority citation for 39 CFR 

part 601 continues to read as follows: 

Authority: 39 U.S.C. 401, 404, 410, 411, 

2008, 5001–5605. 

■ 2. In § 601.108, revise paragraph (c) to 

read as follows: 

§ 601.108 SDR Official disagreement 

resolution. 

* * * * * 

(c) Lodging. The disagreement under 

§ 601.107 or contest of decision under 

§ 601.105 must be lodged with the SDR 

Official in writing via facsimile, email, 

hand delivery, or U.S. Mail. The 

disagreement under § 601.107 or contest 

of decision under § 601.105 must state 

the factual circumstances relating to it 

and the remedy sought. A disagreement 

under § 601.107 must also state the 

scope and outcome of the initial 

disagreement resolution attempt with 

the contracting officer. The address of 

the SDR Official is: Supply 

Management, Room 1141 (Attn: SDR 

Official), United States Postal Service 

Headquarters, 475 L’Enfant Plaza SW., 

Washington, DC 20260–1141; email 

Address: SDROfficial@usps.gov; Fax 

Number: (202) 268–0075. 

* * * * * 

■ 3. Revise § 601.113 to read as follows: 

§ 601.113 Suspension, debarment, and 

ineligibility. 

(a) General. Except as provided 

otherwise in this part, contracting 

officers may not solicit proposals from, 

award contracts to, or, when a contract 

provides for such consent, consent to 

subcontracts with suspended, debarred, 

or ineligible suppliers. 

(b) Definitions.—(1) Affiliate. A 

business, organization, person, or 

individual connected by the fact that 

one controls or has the power to control 

the other or by the fact that a third party 

controls or has the power to control 

both. Indications of control include, but 

are not limited to, interlocking 

management or ownership, identity of 

interests among family members, shared 

facilities and equipment, contractual 

relationships, common use of 

employees, or a business entity 

organized following the suspension, 

debarment, or proposed debarment of a 

supplier which has the same or similar 

management, ownership, or principal 

employees as the supplier that was 

suspended, debarred, or proposed for 

debarment. Franchise agreements are 

not conclusive evidence of affiliation if 

the franchisee has a right to profit in 

proportion to its ownership and bears 

the risk of loss or failure. 

(2) Debarment. An exclusion from 

contracting and subcontracting for a 

reasonable, specified period of time 

commensurate with the seriousness of 

the offense, failure, or inadequacy of 

performance. 

(3) General Counsel. This includes the 

General Counsel’s authorized 

representative. 

(4) Indictment. Indictment for a 

criminal offense. An information or 

other filing by competent authority 

charging a criminal offense is given the 

same effect as an indictment. 

(5) Ineligible. An exclusion from 

contracting and subcontracting by an 

entity other than the Postal Service 

under statutes, executive orders, or 

regulations, such as the Davis-Bacon 

Act, the Service Contract Act, the Equal 

Employment Opportunity Acts, the 

Walsh-Healy Public Contracts Act, or 

the Environmental Protection Acts and 

related regulations or executive orders, 

to which the Postal Service is subject or 

has adopted as a matter of policy. 

(6) Suspension. An exclusion from 

contracting and subcontracting for a 


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reasonable period of time due to 

specified reasons or the pendency of a 

debarment proceeding. 

(7) Supplier. For the purposes of this 

part, a supplier is any individual, 

person, or other legal entity that: 

(i) Directly or indirectly (e.g., through 

an affiliate) submits offers for, is 

awarded, or reasonably may be expected 

to submit offers for or be awarded, a 

Postal Service contract, including a 

contract for carriage under Postal 

Service or commercial bills of lading, or 

a subcontract under a Postal Service 

contract; or 

(ii) Conducts business or reasonably 

may be expected to conduct business 

with the Postal Service as a 

subcontractor, an agent, or as a 

representative of another supplier. 

(c) Suspension, debarment, and 

ineligible list. (1) The Postal Service 

uses the General Services 

Administration’s System for Award 

Management (SAM) to determine if 

suppliers are suspended, debarred, or 

proposed for debarment. 

(2) SAM maintains a consolidated 

database of all persons and entities 

suspended, debarred, proposed for 

debarment, or declared ineligible by 

Federal agencies or the Government 

Accountability Office. SAM is 

accessible by the public on GSA’s Web 

site at https://www.sam.gov. 

(3) Through a representative, the vice 

president, Supply Management will use 

the SAM Exclusions database to report 

Postal Service suspensions, debarments 

and proposed debarment decisions; 

including changes in the status of 

suppliers and any of their affiliates. 

Inquiries concerning listed suppliers 

should be directed to the agency or 

other authority that took the action. 

(d) Treatment of suppliers included in 

the SAM Exclusions database. (1) 

Contracting officers will review the 

SAM Exclusions database before making 

a contract award. 

(2) Suppliers included in the SAM 

Exclusions database are excluded from 

receiving contracts and subcontracts, 

and contracting officers may not solicit 

proposals or quotations from, award 

contracts to, or, when a contract 

provides for such consent, consent to 

subcontracts with such suppliers, unless 

the vice president, Supply Management, 

or his or her designee, after consultation 

with the General Counsel, has approved 

such action. 

(3) Suppliers included in the SAM 

Exclusions database may not provide 

goods or services to other persons or 

entities for resale, in whole or part, to 

the Postal Service and such other 

persons or entities are obligated to 

review the consolidated GSA list in 

order to exclude suppliers suspended or 

debarred by the Postal Service from 

performing any part of a Postal Service 

contract. 

(4) The suspension, debarment, or 

ineligibility of a supplier does not, of 

itself, affect the rights and obligations of 

the parties to any valid, pre-existing 

contract. The Postal Service may 

terminate for default a contract with a 

supplier that is suspended, debarred, or 

determined to be ineligible. Contracting 

officers may not add new work to any 

contract with a supplier that is 

suspended, debarred, or determined to 

be ineligible by supplemental 

agreement, by exercise of an option, or 

otherwise (unless the work is classified 

as an insignificant or significant minor 

service change to a mail transportation 

contract), except with the approval of 

the vice president, Supply Management, 

or designee after consultation with the 

General Counsel. 

(e) Causes for suspension. (1) The vice 

president, Supply Management, may 

suspend any supplier, including any of 

its affiliates, for causes such as the 

following: 

(i) If the supplier commits, is indicted 

for, or is convicted of fraud or a criminal 

offense incidental to obtaining, 

attempting to obtain, or performing a 

government contract, violates a Federal 

antitrust statute arising out of the 

submission of bids and proposals, or 

commits or engages in embezzlement, 

theft, forgery, bribery, falsification or 

destruction of records, or receipt of 

stolen property, or any other offense 

indicating a lack of business integrity or 

business honesty; 

(ii) For any other cause of such 

serious and compelling nature that 

suspension is warranted; or 

(iii) If the Postal Service has notified 

a supplier of its proposed debarment 

under this part. 

(f) Period of suspension. A suspension 

will not exceed one year in duration, 

except a suspension may be extended 

for reasonable periods of time beyond 

one year by the vice president, Supply 

Management. The termination of a 

suspension will not prejudice the Postal 

Service’s position in any debarment 

proceeding. A suspension will be 

superseded by a decision rendered by 

the vice president, Supply Management, 

under paragraph (k)(5) of this section. 

(g) Procedural requirements for 

suspension. (1) The vice president, 

Supply Management will notify a 

supplier of a suspension or an extension 

of a suspension and the reason(s) for the 

suspension or extension in writing sent 

to the supplier by Certified Mail, return 

receipt requested, within ten days after 

the effective date of the suspension or 

extension. A copy of the notice will be 

furnished to the Office of the Inspector 

General. 

(2) The notice will state the cause(s) 

for the suspension or extension. 

(3) Within thirty days of notice of 

suspension or an extension, a supplier 

may submit to the vice president, 

Supply Management, in writing, any 

information or reason(s) the supplier 

believes makes a suspension or an 

extension inappropriate, and the vice 

president, Supply Management, in 

consultation with the General Counsel, 

will consider the supplier’s submission, 

and, in their discretion, may revoke a 

suspension or an extension of a 

suspension. If a suspension or extension 

is revoked, the revocation will be in 

writing and a copy of the revocation 

will be sent to the supplier by Certified 

Mail, return receipt requested. A copy of 

the revocation will be furnished to the 

Office of the Inspector General. 

(h) Causes for debarment. (1) The vice 

president, Supply Management, with 

the concurrence of the General Counsel, 

may debar a supplier, including its 

affiliates, for cause such as the 

following: 

(i) Conviction of a criminal offense 

incidental to obtaining or attempting to 

obtain contracts or subcontracts, or in 

the performance of a contract or 

subcontract. 

(ii) Conviction under a Federal 

antitrust statute arising out of the 

submission of bids or proposals. 

(iii) Commission of embezzlement, 

theft, forgery, bribery, falsification or 

destruction of records, making false 

statements, tax evasion, or receiving 

stolen property. 

(iv) Violation of a Postal Service 

contract so serious as to justify 

debarment, such as willful failure to 

perform a Postal Service contract in 

accordance with the specifications or 

within the time limit(s) provided in the 

contract; a record of failure to perform 

or of unsatisfactory performance in 

accordance with the terms of one or 

more Postal Service contracts occurring 

within a reasonable period of time 

preceding the determination to debar 

(except that failure to perform or 

unsatisfactory performance caused by 

acts beyond the control of the supplier 

may not be considered a basis for 

debarment); violation of a contractual 

provision against contingent fees; or 

acceptance of a contingent fee paid in 

violation of a contractual provision 

against contingent fees. 

(v) Any other offense indicating a lack 

of business integrity or business 

honesty. 


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(vi) Any other cause of a serious and 

compelling nature that debarment is 

warranted. 

(2) The existence of a conviction in 

paragraph (h)(1)(i) or (ii) of this section 

can be established by proof of a 

conviction in a court of competent 

jurisdiction. If an appeal taken from 

such conviction results in a reversal of 

the conviction, the debarment may be 

removed upon the request of the 

supplier, unless another cause or 

another basis for debarment exists. 

(3) The existence of any of the other 

causes in paragraphs (h)(1)(iii), (iv), (v), 

or (vi) of this section can be established 

by a preponderance of the evidence, 

either direct or indirect, in the judgment 

of the vice president of Supply 

Management. 

(4) The criminal, fraudulent, or 

improper conduct of an individual may 

be imputed to the firm with which he 

or she is or has been connected when an 

impropriety was committed. Likewise, 

when a firm is involved in criminal, 

fraudulent, or other improper conduct, 

any person who participated in, knew 

of, or had reason to know of the 

impropriety may be debarred. 

(5) The criminal, fraudulent, or other 

improper conduct of one supplier 

participating in a joint venture or 

similar arrangement may be imputed to 

other participating suppliers if the 

conduct occurred for or on behalf of the 

joint venture or similar arrangement, or 

with the knowledge, approval, or 

acquiescence of the supplier. 

Acceptance of the benefits derived from 

the conduct will be evidence of such 

knowledge, approval, or acquiescence. 

(i) Mitigating factors. (1) The 

existence of any cause for debarment 

does not necessarily require that a 

supplier be debarred. The decision to 

debar is within the discretion of the vice 

president, Supply Management, with 

the concurrence of the General Counsel, 

and must be made in the best interest of 

the Postal Service. The following factors 

may be assessed in determining the 

seriousness of the offense, failure, or 

inadequacy of performance, and may be 

taken into account in deciding whether 

debarment is warranted: 

(i) Whether the supplier had 

established written standards of conduct 

and had published internal control 

systems at the time of the activity that 

constitutes cause for debarment or had 

adopted such procedures prior to any 

Postal Service investigation of the 

activity cited as a cause for debarment. 

(ii) Whether the supplier brought the 

activity cited as a cause for debarment 

to the attention of the Postal Service in 

a prompt, timely manner. 

(iii) Whether the supplier promptly 

and fully investigated the circumstances 

involving debarment and, if so, made 

the full results of the investigation 

available to appropriate officials of the 

Postal Service. 

(iv) Whether the supplier cooperated 

fully with the Postal Service during its 

investigation into the matter. 

(v) Whether the supplier paid or 

agreed to pay all criminal, civil and 

administrative liability, and other costs 

arising out of the improper activity, 

including any investigative or 

administrative costs incurred by the 

Postal Service, and made or agreed to 

make full restitution. 

(vi) Whether the supplier took 

appropriate disciplinary action against 

the individual(s) responsible for the 

activity that could cause debarment. 

(vii) Whether the supplier 

implemented and/or agreed to 

implement remedial measures, 

including those identified by the Postal 

Service. 

(viii) Whether the supplier instituted 

and/or agreed to institute new and/or 

revised review and control procedures 

and ethics programs. 

(ix) Whether the supplier had 

adequate time to eliminate 

circumstances within the supplier’s 

organization that could lead to 

debarment. 

(x) Whether the supplier’s senior 

officers and mid-level management 

recognize and understand the 

seriousness of the misconduct giving 

rise to debarment. 

(2) The existence or nonexistence of 

mitigating factors or remedial measures 

such as those above is not determinative 

whether or not a supplier should be 

debarred. If a cause for debarment 

exists, the supplier has the burden of 

demonstrating, to the satisfaction of the 

vice president, Supply Management that 

debarment is not warranted or 

necessary. 

(j) Period of debarment. (1) When an 

applicable statute, executive order, or 

controlling regulation of other agencies 

provides a specific period of debarment, 

that period applies. In other cases, 

debarment by the Postal Service should 

be for a reasonable, definite, stated 

period of time, commensurate with the 

seriousness of the offense or the failure 

or inadequacy of performance. 

Generally, a period of debarment should 

not exceed three years. When debarment 

for an additional period is deemed 

necessary, notice of the proposed 

additional period of debarment must be 

furnished to the supplier as in the case 

of original debarment. 

(2) Except as precluded by an 

applicable statute, executive order, or 

controlling regulation of another agency, 

debarment may be removed or the 

period may be reduced by the vice 

president, Supply Management when 

requested by the debarred supplier and 

when the request is supported by a 

reasonable justification, such as newly 

discovered material evidence, reversal 

of a conviction, bona fide change of 

ownership or management, or the 

elimination of the causes for which 

debarment was imposed. The vice 

president, Supply Management may, at 

his or her discretion, deny any request 

or refer it to the Judicial Officer for a 

hearing and for findings of fact, which 

the vice president, Supply Management 

will consider when deciding the matter. 

When a debarment is removed or the 

debarment period is reduced, the vice 

president, Supply Management must 

state in writing the reason(s) for the 

removal of the debarment or the 

reduction of the period of debarment. 

(k) Procedural requirements for 

debarment. (1) After securing the 

concurrence of the General Counsel, the 

vice president, Supply Management will 

initiate a debarment proceeding by 

sending the supplier a written notice of 

proposed debarment. The notice will be 

served by sending it to the last known 

address of the supplier by Certified 

Mail, return receipt requested. A copy of 

the notice will be furnished to the Office 

of Inspector General. The notice will 

state that debarment is being 

considered; the reason(s) for the 

proposed debarment; the anticipated 

period of debarment and the proposed 

effective date; and that, within thirty 

days of the notice, the supplier, 

individually or through a representative, 

may submit in person or in writing 

information and argument in opposition 

to the proposed debarment. In the event 

a supplier does not submit information 

or argument in opposition to the 

proposed debarment to the vice 

president, Supply Management within 

the time allowed, the debarment will 

become final with no further review or 

appeal. 

(2) If the proposed debarment is based 

on a conviction or civil judgment, the 

vice president, Supply Management, 

with the concurrence of the General 

Counsel, may decide whether 

debarment is merited based on the 

conviction or judgment, including any 

information received from the supplier. 

If the debarment is based on other 

circumstances or if there are questions 

regarding material facts, the vice 

president, Supply Management may 

seek additional information from the 

supplier and/or other persons, and may 

request the Judicial Officer to hold a 

fact-finding hearing on such matters. 


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The hearing will be governed by rules 

of procedure promulgated by the 

Judicial Officer. The vice president, 

Supply Management may reject any 

findings of fact, in whole or in part, 

when they are clearly erroneous. 

(3) Questions of fact to be resolved by 

a hearing before the Judicial Officer will 

be based on the preponderance of the 

evidence. 

(4) After consideration of the 

circumstances and any information and 

argument submitted by the supplier, the 

vice president, Supply Management, 

with the concurrence of the General 

Counsel, will issue a written decision 

regarding whether the supplier is 

debarred, and, if so, for the period of 

debarment. The decision will be mailed 

to the supplier by Certified Mail, return 

receipt requested. A copy of the 

decision will be furnished to the Office 

of the Inspector General. The decision 

will be final and binding, unless the 

decision was procured by fraud or other 

criminal misconduct, or the decision 

was obtained in violation of the 

regulations contained in this part or an 

applicable public law enacted by 

Congress. 

Stanley F. Mires, 

Attorney, Federal Requirements. 

[FR Doc. 2014–26111 Filed 11–3–14; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0602; FRL–9918–74– 

Region–7] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri, Controlling Emissions 

During Episodes of High Air Pollution 

Potential 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision submitted 

by the State of Missouri and received by 

EPA on December 17, 2013, pertaining 

to Missouri’s rule ‘‘Controlling 

Emissions During Episodes of High Air 

Pollution Potential.’’ This rule specifies 

conditions that establish air pollution 

alerts and emergency alert levels, and 

associated procedures and emission 

reduction objectives statewide. This 

action revises the SIP by amending an 

existing table in the rule, clarifying 

requirements of the rule related to 

emission reduction plans and other rule 

provisions, and makes administrative 

and format changes all consistent with 

Federal regulations. 

DATES: This direct final rule will be 

effective January 5, 2015, without 

further notice, unless EPA receives 

adverse comment by December 4, 2014. 

If EPA receives adverse comment, we 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2014–0602, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: bhesania.amy@epa.gov. 

3. Mail or Hand Delivery: Amy 

Bhesania, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2014– 

0602. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 to 4:30 excluding 

legal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Amy Bhesania, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7147, or by email at 

bhesania.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

I. What is being addressed in this 

document? 

EPA is taking direct final action to 

approve a revision to the Missouri SIP 

received by EPA on December 17, 2013, 

pertaining to Missouri rule 10 CSR 10– 

6.130, ‘‘Controlling Emissions During 

Episodes of High Air Pollution 

Potential.’’ This rule specifies 

conditions that establish air pollution 

alerts and emergency alert levels, and 

associated procedures and emission 

reduction objectives statewide. This 

action revises the SIP by amending an 

existing table in the rule, clarifying 

requirements of the rule related to 

emission reduction plans and other rule 

provisions, and makes administrative 

and format changes all consistent with 

Federal regulations. 

Specifically, in subsection (1)(A), the 

rule is being revised to clarify the 

applicability of the rule to all sources 

and premises through the entire state 

with air emissions that contribute to 

sulfur dioxide (SO2), carbon monoxide 

(CO), ozone (O3), nitrogen dioxide (NO2) 

or Particulate Matter—10 Micron (PM10) 

and 2.5 Micron (PM2.5). This 


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