[Federal Register Volume 59, Number 192 (Wednesday, October 5, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24640]
[[Page Unknown]]
[Federal Register: October 5, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 15 and 32
[FRL-5083-8]
Ineligibility for Federal Contracts, Assistance, Loans and
Benefits
AGENCY: Environmental Protection Agency.
ACTION: Final rule; technical amendments.
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SUMMARY: This rule makes several changes to the Environmental
Protection Agency (EPA) rules in 40 CFR part 15 governing the
ineligibility of facilities under the Clean Air Act (CAA) and the Clean
Water Act (CWA) to receive Federal contracts, assistance and loans; and
in 40 CFR part 32 governing nonprocurement suspension and debarment
under EO 12549. This rulemaking conforms parts 15 and 32 to the changes
EPA has made to the internal administrative responsibilities for the
two debarment programs.
EFFECTIVE DATE: October 5, 1994.
FOR FURTHER INFORMATION CONTACT: Robert F. Meunier, Director,
Suspension and Debarment Division (3902F), 401 M Street, SW.,
Washington, DC 20460. Telephone: (202) 260-8025.
SUPPLEMENTARY INFORMATION:
A. Background
In 1993, EPA's Office of Administration and Resources Management
(OARM) was reorganized to improve the administration contracts. That
reorganization changed the titles of certain EPA officials having
prescribed responsibilities under part 32 for the nonprocurement
suspension and debarment program.
Earlier this year, the EPA Administrator decided to reorganize the
former Office of Enforcement (OE). As part of that reorganization,
administrative responsibility for the part 15 CAA and CWA contractor
listing program was transferred to OARM so that all EPA debarment
functions would be conducted by a single office.
These two reorganizations make it necessary to amend 40 CFR parts
15 and 32 to conform them to EPA's internal administrative changes.
This rulemaking also modifies provisions of part 15 so that they
describe the current practice of publishing all CAA and CWA
ineligibility information in the List of Debarred, Suspended,
Voluntarily Excluded, and Ineligible Persons maintained by the General
Services Administration. In 1995, the Agency plans to propose
substantive revisions to 40 CFR parts 15 and 32 which will consolidate
these two sets of rules into a single part.
Rulemaking Analysis
B. Executive Order 12866
This is not a significant regulatory action under EO 12866;
therefore, no review by the Office of Information and Regulatory
Affairs is required.
C. Regulatory Flexibility Act
The EPA certifies that this rule does not exert a significant
economic impact on a substantial number of small entities. The rule
makes nomenclature changes only to existing rules.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does
not contain information collection requirements for the approval of OMB
under 44 U.S.C. 3501 et seq.
E. Public Comments
The EPA has not solicited public comments on this final rule.
List of Subjects
40 CFR Part 15
Administrative practice and procedure, Debarment and suspension.
40 CFR Part 32
Administrative practice and procedure, Debarment and suspension.
Dated: September 27, 1994.
Sallyanne Harper,
Acting Assistant Administrator, Office of Administration and Resources
Management.
For the reasons set out in the preamble, 40 CFR parts 15 and 32 are
amended as follows:
1. The authority citation for part 15 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; EO
11738 of September 10, 1973 (38 FR 28161).
2. Section 15.3 is revised to read as follows:
Sec. 15.3 Administrative responsibility.
The authority and responsibilities assigned to the Administrator of
the Environmental Protection Agency under EO 11738 have been delegated
to the Assistant Administrator for Administration and Resources
Management. Such authority and responsibilities may be redelegated,
except that the delegated authority to issue or amend rules and
regulations may not be redelegated.
3. In Sec. 15.4, the definitions of ``Assistant Administrator,''
``Case Examiner,'' ``List Official'' and ``Recommending Person'' are
revised, and a new definition of ``Debarring Official'' is added in
alphabetical order to read as follows:
Sec. 15.4 Definitions.
* * * * *
Assistant Administrator means the Assistant Administrator for
Administration and Resources Management, United States Environmental
Protection Agency, or his or her designee.
* * * * *
Case Examiner means a hearing examiner designated by the Debarring
Official.
* * * * *
Debarring Official means the Director, Office of Grants and
Debarment, or his or her designee.
* * * * *
Listing Official means the EPA official or officials designated by
the Debarring official to carry out administrative functions pertaining
to the listing or removal of a facility under this regulation.
* * * * *
Recommending Person means the Director, Suspension and Debarment
Division or his or her designated debarment counsel; a Regional
Administrator; the Assistant Administrator for Air and Radiation; the
Assistant Administrator for Water; a Governor; or a member of the
public.
* * * * *
4. Sections 15.11(c), 15.12(a) and 15.12(d) are amended by revising
the six references to ``Assistant Administrator'' to read ``Debarring
Official''.
5. Section 15.13(a) is amended by removing the second sentence.
6. Sections 15.13 paragraphs (c) and (d), and Sec. 15.14 are
amended by: removing the eleven references to ``Case Examiner's
decision'' and adding in their place the phrase ``Debarring Official's
decision''; and by removing the four references to ``Case Examiner''
and adding in their place the phrase ``Debarring Official''.
7. Section 15.15 is amended by removing the reference to
``Assistant Administrator'' and adding in its place the phrase
``Debarring Official''.
8. Section 15.16 is amended by removing paragraph (c).
9. Sections 15.20, 15.21, 15.22 and 15.23 are amended by removing
the seven references to the ``Assistant Administrator'' and adding in
their place ``Debarring Official'', and removing the single reference
to ``Assistant Administrator's decision'' and adding in its place the
phrase ``Debarring Official's decision''.
10. Section 15.24(a) is amended by revising the first sentence to
read as follows:
Sec. 15.24 Removal hearing.
(a) A removal hearing shall be conducted by the Debarring Official
or by a Case Examiner. * * *
11. Section 15.24(c) is amended by removing the phrase ``Case
Examiner's decision'' and adding in its place ``Debarring Official's
decision''.
12. Section 15.24(d) is amended by removing the references to
``Case Examiner'', ``Administrator'' and ``Case Examiner's decision''
and adding in their place ``Debarring Official'', ``Assistant
Administrator'' and ``Debarring Official's decision'', respectively.
13. Section 15.25 is amended by: removing the four references to
``Case Examiner'' in the heading, paragraph (a)(3) and paragraph (b),
and adding in their place ``Debarring Official''; removing the four
references to ``Case Examiner's decision'' in paragraphs (a) and (c)
and adding in their place ``Debarring Official's decision''; and
removing the four references to ``Administrator'' in paragraphs (a),
(b) and (c) and adding in their place ``Assistant Administrator''.
Sec. 15.26 [Amended]
14. Section 15.26 is amended by removing the references to
``Assistant Administrator'', ``a Case Examiner'' and ``Administrator''
in paragraph (a) and adding in their place ``Debarring Official'',
``the Debarring Official'' and ``Assistant Administrator'',
respectively. Paragraph (b) is amended by removing the reference to
``Assistant Administrator's decision'' and adding in its place
``Debarring Official's decision''.
Sec. 15.27 [Amended]
15. Section 15.27 is amended by removing the last sentence.
Sec. Sec. 15.32, 15.33 [Amended]
16. Sections 15.32 and 15.33 are amended by removing the ten
references to ``Assistant Administrator'' or ``Assistant
Administrator's'' and adding in their place ``Debarring Official'' or
``Debarring Official's'', respectively.
17. Section 15.40 is revised to read as follows:
Sec. 15.40 Distribution of the List of Violating Facilities.
The Listing Official shall provide the General Services
Administration (GSA) with current information about all final mandatory
and discretionary listing actions and final removal actions under this
part. Such information shall be made available in the list of debarred,
suspended, voluntarily excluded, and ineligible persons GSA is required
by EO 12549 to compile, maintain, and distribute.
18. Section 15.41 is amended by removing the five references to
``Administrator'' and adding in their place ``Assistant
Administrator''.
19. The authority citation for part 32 is revised to read as
follows:
Authority: EO 12549; 41 U.S.C. 701 et seq.; 7 U.S.C. 136 et
seq.; 15 U.S.C. 2601 et seq.; 20 U.S.C. 4011 et seq.; 33 U.S.C. 1251
et seq.; 42 U.S.C. 300f, 4901, 6901, 7401, 9801 et seq.
20. The heading of part 32 is revised to read as follows:
PART 32--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
21. Section 32.105 is amended by revising paragraphs (g)(3) and
(t)(3) to read as follows:
Sec. 32.105 Definitions.
* * * * *
(g) * * *
(3) The Director, Office of Grants and Debarment, is the authorized
Debarring Official.
* * * * *
(t) * * *
(3) The Director, Office of Grants and Debarment, is the authorized
Suspending Official.
* * * * *
22. Section 32.215 is amended by revising paragraph (a) to read as
follows:
Sec. 32.215 Exception Provision.
* * * * *
(a) The Director, Office of Grants and Debarment, is the official
authorized to grant exceptions.
Sec. 32.335 Appeal.
23. In Sec. 32.335 the second sentence of paragraph (a) is revised
to read as follows:
(a) * * * However, any party to the action may request the
Assistant Administrator for Administration and Resources Management
(Assistant Administrator), to review the findings of the Debarring
Official by filing a request with the Assistant Administrator within 30
calendar days of the party's receipt of the debarment determination, or
its reconsideration. * * *
* * * * *
Sec. 32.335 [Amended]
24. In paragraphs (b), (c), and (d) of Sec. 32.335, remove the four
references to ``OA Director'' and add in their place ``Assistant
Administrator.''
Sec. 32.430 Appeal.
25. In Sec. 32.430 the second sentence of paragraph (a) is revised
to read as follows:
(a) * * * However, any party to the action may request the
Assistant Administrator for Administration and Resources Management
(Assistant Administrator), to review the findings of the suspending
official by filing a request with the Assistant Administrator within 30
calendar days of the party's receipt of the suspension determination,
or its reconsideration. * * *
* * * * *
Sec. 32.430 [Amended]
26. In paragraphs (b), (c), and (d) of Sec. 32.430, remove the four
references to ``OA Director'' and add in their place ``Assistant
Administrator.''
[FR Doc. 94-24640 Filed 10-4-94; 8:45 am]
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