80 FR 12915 - Administrative Changes to the USAID Regulation on Nonprocurement Debarment and Suspension
AGENCY FOR INTERNATIONAL DEVELOPMENT Federal Register Volume 80, Issue 48 (March 12, 2015)
Federal Register Volume 80, Issue 48 (March 12, 2015)
| Page Range | 12915-12916 | |
| FR Document | 2015-05569 |
[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)] [Rules and Regulations] [Pages 12915-12916] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05569] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ 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. ======================================================================== Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations [[Page 12915]] AGENCY FOR INTERNATIONAL DEVELOPMENT 2 CFR Part 780 RIN 0412-AA77 Administrative Changes to the USAID Regulation on Nonprocurement Debarment and Suspension AGENCY: U.S. Agency for International Development. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Agency for International Development (USAID) is amending its regulations regarding nonprocurement debarment and suspension to revise the designation of the Agency official who will serve as the Agency's Suspending Official and Debarring Official and also to revise the designation of the individual who may grant an exception to let an excluded person participate in a covered transaction. DATES: This rule is effective June 10, 2015 without further action, unless adverse comments are received by April 13, 2015. Submit comments on or before April 13, 2015. ADDRESSES: Address all comments concerning this notice to Marcelle J. Wijesinghe, Bureau for Management, Office of Acquisition and Assistance, Policy Division (M/OAA/P), Room 867J, SA-44, Washington, DC 20523-2052. Submit comments, identified by title of the action and Regulatory Information Number (RIN) by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Email: Submit electronic comments to both [email protected] and [email protected]. See SUPPLEMENTARY INFORMATION for file formats and other information about electronic filing. Mail: USAID, Bureau for Management, Office of Acquisition & Assistance, Policy Division, Room 867J, SA-44, Washington, DC 20523- 2052. FOR FURTHER INFORMATION CONTACT: Lyudmila Bond, Telephone: 202-567-4753 or Email: [email protected]. SUPPLEMENTARY INFORMATION: A. Instructions All comments must be in writing and submitted through one of the methods specified in the ADDRESSES section above. All submissions must include the title of the action and RIN for this rulemaking. Please include your name, title, organization, postal address, telephone number, and email address in the text of the message. Comments submitted by email must be included in the text of the email or attached as a PDF file. Please avoid using special characters and any form of encryption. Please note, however, that because security screening precautions have slowed the delivery and dependability of surface mail to USAID/Washington, USAID recommends sending all comments to the Federal eRulemaking Portal. All comments will be made available for public review without change, including any personal information provided, from three workdays after receipt to finalization of the action at http://www.regulations.gov. Do not submit information that you consider Confidential Business Information (CBI) or any information that is otherwise protected from disclosure by statute. USAID is publishing this revision as a direct final rule as the Agency views this as an administrative amendment and does not anticipate any adverse comments. This rule will be effective on the date specified in the Dates section above without further notice unless adverse comment(s) are received by the date specified in the Dates section above. If adverse comments are received, USAID will publish a timely withdrawal of the rule in the Federal Register. Only comments that explain why the rule would be inappropriate, ineffective or unacceptable without a change will be considered. B. Background The following changes are implemented by this final rule: (1) To enhance and elevate the independent authority of the suspending and debarring official (SDO) at USAID, the Agency is transferring the duties of the SDO from the procurement office to the Assistant Administrator, Bureau for Management or designee. This rule is implementing this change as applicable to nonprocurement debarment and suspension. (2) The authorities to grant an exception permitting an excluded person to participate in a particular covered transaction, previously delegated to the Director of the Office of Acquisition and Assistance is re-delegated to the Assistant Administrator, Bureau for Management or designee. C. Regulatory Planning and Review This rule has been determined to be ``nonsignificant'' under the Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993 and, therefore, is not subject to review. This rule is not a major rule under 5 U.S.C. 804. D. Regulatory Flexibility Act The U.S. Agency for International Development certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the revisions of this rule will not impose any costs on either small or large businesses; therefore, an Initial Regulatory Flexibility Analysis has not been performed. List of Subjects in 2 CFR Part 780 Federal grant program. For the reasons discussed in the preamble, USAID amends 2 CFR part 780, subparts A and I as set forth below: PART 780--NONPROCUREMENT DEBARMENT AND SUSPENSION 0 1. The authority citations for 2 CFR part 780 continue to read as follows: 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. Subpart A--General 0 2. Revise Sec. 780.137 to read as follows: Sec. 780.137 Who in USAID may grant an exception to let an excluded person participate in a covered transaction? The Assistant Administrator, Bureau for Management, or designee as delegated in Agency policy found in [[Page 12916]] ADS 103--Delegations of Authority, may grant an exception permitting an excluded person to participate in a particular covered transaction. If the Assistant Administrator, Bureau for Management 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 I--Definitions 0 3. Revise Sec. 780.930 to read as follows: Sec. 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 Assistant Administrator, Bureau for Management, or designee as delegated in Agency policy found in ADS 103--Delegations of Authority. 0 4. Revise Sec. 780.1010 to read as follows: Sec. 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 Assistant Administrator, Bureau for Management, or designee as delegated in Agency policy found in ADS 103--Delegations of Authority. Aman S. Djahanbani, Director, Bureau for Management, Office of Acquisition and Assistance. [FR Doc. 2015-05569 Filed 3-11-15; 8:45 am] BILLING CODE 6116-01-P
![12916 Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations
ADS 103—Delegations of Authority, This action is necessary to prevent the regulation that imposes restrictions on
may grant an exception permitting an artificial spread of the gypsy moth to the intrastate movement of regulated
excluded person to participate in a noninfested areas of the United States. articles that are substantially the same
particular covered transaction. If the DATES: This interim rule is effective as those that are imposed with respect
Assistant Administrator, Bureau for March 12, 2015. We will consider all to the interstate movement of such
Management or designee, grants an comments that we receive on or before articles; and (2) the designation of less
exception, the exception must be in May 11, 2015. than the entire State as a generally
writing and state the reason(s) for ADDRESSES: You may submit comments infested area will be adequate to prevent
deviating from the government-wide by either of the following methods: the artificial interstate spread of
policy in Executive Order 12549. • Federal eRulemaking Portal: Go to infestations of the gypsy moth.
http://www.regulations.gov/ Section 301.45–3 of the regulations
Subpart I—Definitions #!docketDetail;D=APHIS-2014-0023. lists generally infested areas. In this
• Postal Mail/Commercial Delivery: rule, we are amending § 301.45–3(a) by
■ 3. Revise § 780.930 to read as follows: adding the following areas to the list of
Send your comment to Docket No.
§ 780.930 Debarring Official (Agency for APHIS–2014–0023, Regulatory Analysis generally infested areas: Cook and Lake
International Development supplement to and Development, PPD, APHIS, Station Counties in Minnesota; Tazewell
government-wide definition at 2 CFR 3A–03.8, 4700 River Road Unit 118, County in Virginia; McDowell, Mercer,
180.930). Riverdale, MD 20737–1238. Raleigh, Summers, and Wyoming
The Debarring Official for USAID is Supporting documents and any Counties in West Virginia; and Iowa
the Assistant Administrator, Bureau for comments we receive on this docket County in Wisconsin. As a result of this
Management, or designee as delegated may be viewed at http:// rule, the interstate movement of
in Agency policy found in ADS 103— www.regulations.gov/ regulated articles from these areas will
Delegations of Authority. #!docketDetail;D=APHIS-2014-0023 or be restricted.
On December 4, 2012, January 2,
■ 4. Revise § 780.1010 to read as in our reading room, which is located in
2013, and August 21, 2014, respectively,
follows: Room 1141 of the USDA South
the Animal and Plant Health Inspection
Building, 14th Street and Independence
Service (APHIS) issued Federal Orders
§ 780.1010 Suspending Official (Agency Avenue SW., Washington, DC. Normal
for International Development supplement to quarantine the counties listed above
reading room hours are 8 a.m. to 4:30
to government-wide definition at 2 CFR for gypsy moth in response to confirmed
p.m., Monday through Friday, except
180.1010). infestations in those counties. This was
holidays. To be sure someone is there to
The Suspending Official for USAID is done in cooperation with the respective
help you, please call (202) 799–7039
the Assistant Administrator, Bureau for State officials. By adding the above-
before coming. named counties in Minnesota, Virginia,
Management, or designee as delegated FOR FURTHER INFORMATION CONTACT: Mr.
in Agency policy found in ADS 103— West Virginia, and Wisconsin to the list
Paul Chaloux, National Policy Manager, of generally infested areas, this rule will
Delegations of Authority. Emerald Ash Borer Program and Gypsy help prevent the artificial spread of the
Aman S. Djahanbani, Moth Program, Plant Protection and gypsy moth to noninfested areas of the
Director, Bureau for Management, Office of Quarantine, APHIS, 4700 River Road United States.
Acquisition and Assistance. Unit 137, Riverdale, MD 20737; (301) We are also removing the requirement
[FR Doc. 2015–05569 Filed 3–11–15; 8:45 am] 851–2064. in § 301.45–4 that regulated articles
BILLING CODE 6116–01–P SUPPLEMENTARY INFORMATION: originating outside of any generally
infested area and moving interstate
Background
directly through any generally infested
DEPARTMENT OF AGRICULTURE The gypsy moth, Lymantria dispar area must be covered to prevent access
(Linnaeus), is a destructive pest of by the gypsy moth in any of its life
Animal and Plant Health Inspection forest, shade, and commercial trees such stages. That requirement was put in
Service as nursery stock and Christmas trees. place out of an abundance of caution
The gypsy moth regulations (contained when we had a more limited
7 CFR Part 301 in 7 CFR 301.45 through 301.45–12 and understanding of the biology and
referred to below as the regulations) behavior of the gypsy moth. In the
[Docket No. APHIS–2014–0023] restrict the interstate movement of intervening time, advances in our
regulated articles from generally understanding of the pest have led
Gypsy Moth Generally Infested Areas;
infested areas to prevent the artificial APHIS to conclude that the requirement
Additions in Minnesota, Virginia, West
spread of the gypsy moth. does not provide additional protection
Virginia, and Wisconsin
In accordance with § 301.45–2 of the from the spread of gypsy moth during
AGENCY: Animal and Plant Health regulations, generally infested areas are, shipment. We are therefore removing a
Inspection Service, USDA. with certain exceptions, those States or requirement that we no longer view as
ACTION: Interim rule and request for portions of States in which a gypsy necessary, thus lightening the regulatory
comments. moth general infestation has been found burden on shippers of regulated articles.
by an inspector, or each portion of a
SUMMARY: We are amending the gypsy State that the Administrator deems Emergency Action
moth regulations by adding areas in necessary to regulate because of its This rulemaking is necessary on an
rljohnson on DSK3VPTVN1PROD with RULES
Minnesota, Virginia, West Virginia, and proximity to infestation or its emergency basis because of the
Wisconsin to the list of generally inseparability for quarantine possibility that the gypsy moth could be
infested areas based on the detection of enforcement purposes from infested artificially spread to noninfested areas
infestations of gypsy moth in those localities. Less than an entire State will of the United States, where it could
areas. As a result of this action, the be designated as a generally infested cause economic losses due to the
interstate movement of regulated area only if: (1) The State has adopted defoliation of susceptible forest and
articles from those areas is restricted. and is enforcing a quarantine or shade trees. Under these circumstances,
VerDate Sep<11>2014 14:12 Mar 11, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\12MRR1.SGM 12MRR1](https://thefederalregister.org/doc/80_FR_12963/page/2.svg)
Document Created: 2018-02-21 09:35:57
Document Modified: 2018-02-21 09:35:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective June 10, 2015 without further action, unless adverse comments are received by April 13, 2015. Submit comments on or before April 13, 2015. | |
| Contact | Lyudmila Bond, Telephone: 202-567-4753 or Email: [email protected] | |
| FR Citation | 80 FR 12915 | |
| RIN Number | 0412-AA77 |
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