Ineligibility for Federal Contracts, Assistance, Loans and Benefits

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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