[Federal Register Volume 63, Number 97 (Wednesday, May 20, 1998)]
[Rules and Regulations]
[Page 27667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13442]
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Rules and Regulations
Federal Register
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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
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The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 63, No. 97 / Wednesday, May 20, 1998 / Rules
and Regulations
[[Page 27667]]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 3017
Governmentwide Debarment and Suspension (Nonprocurement);
Delegation of Authority
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
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SUMMARY: This rule amends 7 CFR part 3017 to permit the Chief of the
Forest Service to redelegate the authority to serve as Forest Service
nonprocurement debarring or suspending official to the Deputy Chief or
an Associate Deputy Chief for the National Forest System.
EFFECTIVE DATE: May 20, 1998.
FOR FURTHER INFORMATION CONTACT:
Jim Naylor, Forest Management Staff, Forest Service, USDA, STOP 1105,
P.O. Box 96090, Washington, D.C. 20090-6090 (202) 205-0858.
SUPPLEMENTARY INFORMATION: Under the Governmentwide nonprocurement
debarment and suspension rules, the authority to act as the Debarring
and Suspending Official is vested in the agency head or an official
designated by the agency head (53 FR 19161, 19205; May 26, 1988).
However, the U.S. Department of Agriculture regulations implementing
the Governmentwide nonprocurement debarment and suspension rules (54 FR
4721, 4731; Jan. 30, 1989) provide that the authority to act as a
Debarring and Suspending Official may not be delegated below the head
of any organizational unit of the U.S. Department of Agriculture.
The time-consuming nature of the Debarring and Suspending
Official's duties is inconsistent with the other duties of and demands
on the Chief of the Forest Service in overseeing the Forest Service's
programs. The Debarring and Suspending Official must personally review
the record, conduct informal hearings, and make the decision to
suspend, propose debarment, or debar. If there is subsequent
litigation, the official may be required to answer depositions or to
testify. Moreover, Forest Service debarment and suspension cases are
complicated because many deal with indictments for timber theft,
collusive bidding, and other serious violations concerning contracts
and permits for the use of natural resources.
Therefore, in recognition of the number and complexity of Forest
Service nonprocurement debarment and suspension actions, the Secretary
is revising the USDA rule to permit the Chief to redelegate the
authority to act as the Forest Service nonprocurement Debarring and
Suspending Official to a subordinate Forest Service official, namely
the Deputy Chief and the Associate Deputy Chiefs for the National
Forest System.
Regulatory Impact
This rule relates to internal Department management. As such, this
rule has no substantive effect, nor is it subject to prior review by
the Office of Management and Budget under Executive Order 12866.
Because of its internal nature, this rule also is exempt from further
analysis under the Civil Justice Reform Act, the Unfunded Mandates
Reform Act of 1995, the Paperwork Reduction Act, and Executive Order
12630.
List of Subjects in 7 CFR Part 3017
Administrative practice and procedure, Grant administration, Grant
programs (Agriculture).
Therefore, for the reasons set forth in the preamble, Part 3017 of
Title 7 of the Code of Federal Regulations is amended as follows:
PART 3017--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR A DRUG-FREE WORKPLACE (GRANTS)
1. The authority citation for part 3017 continues to read as
follows:
Authority: 5 U.S.C. 301; 41 U.S.C. 701 et seq.; E.O. 12549; 51
FR 6370, 3 CFR, 1986 Comp., p. 189.
2. Section 3017.105 is amended by revising the definitions of
Debarring official paragraph (2)(i) and Suspending official paragraph
(2)(i) to read as follows:
Sec. 3017.15 Definitions.
* * * * *
Debarring official. * * *
(2) * * *
(i) In USDA, the authority to act as a debarring official is not
delegated below the agency head, except that in the case of the Forest
Service, the Chief may redelegate the authority to act as a debarring
official to the Deputy Chief or an Associate Deputy Chief for the
National Forest System.
* * * * *
Suspending official. * * *
(2) * * *
(i) In USDA, the authority to act as a suspending official is not
delegated below the agency head, except that in the case of the Forest
Service, the Chief may redelegate the authority to act as a suspending
official to the Deputy Chief or an Associate Deputy Chief for the
National Forest System.
* * * * *
Dated: May 12, 1998.
Reba Pittman Evans,
Acting Assistant Secretary, Administration.
[FR Doc. 98-13442 Filed 5-19-98; 8:45 am]
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