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51864 Federal Register / Vol. 70 , No , 168 / Wednesday , August 31 , 2o05 / Rules and Regulations <br /> guidance 153 FR 191601 to conform with to identify the agencv-to-agency <br /> Structure and content of the <br /> nce. Our intent is to i <br /> ssu <br /> the agencies ' rule . The second revision variations in the language. To dose itral g ujdance that is substantively e OMB <br /> of the OMB guidance occurred in 1995 either must locate the o,h the riginal Fedefrom the common <br /> [60 FR 330361 . That revision conformed Rblished the common ter notice in whi( rule or�carefully unchanss ed by gethe Federal agencies <br /> in <br /> the guidance with the Federal agencies ' pu <br /> read and compare the agencies ' separate November 2003 . We modified some of <br /> update of the common rule to give <br /> reciprocal government-wide effect to codifications of the rule . With the new common rule , owever , to create a part <br /> both procurement and nonprocurement approach , however , each agency ' s as <br /> debarment and suspension actions , an implementation of the guidelines will thats the reads <br /> than ai°agn guidance to <br /> update which implemented. E .O . 12689 bc: a brief rule giving <br /> at re )regulatory effect for regulationp <br /> and section 2455 of the Federal guidance , g' g r� The most significant structural change <br /> Acquisition Streamlining Act, that agency ' s activities ; and ( 2) states is in Sections 180 .05 to 180 .45 of the <br /> Today ' s notice conforms the guidance any agency-specific additions , document, which precede subpart A. <br /> with the Federal agencies ' November 26 , clarifications., and exceptions to the The primary purpose of these sections is <br /> 2003 , update to the common rule 168 FR government•wide policies and provide OMB guidance to Federal <br /> 66534 ] , but does so in a way that will <br /> procedures contained <br /> volume ohFederal ce ageto ncies on howtouse the guidance in <br /> greatly improve the relationship F the remainder of the part, Sections <br /> between OMB ' s guidance and Federal regulations in the C_ R. The 33 180 . 20 through 180 . 35 , for example , tell <br /> agencies ' implementing regulations . In individual agencies' separate <br /> Federal the recent update , the Federal agencies codiifications mon rule f the <br /> full <br /> require text <br /> Of the e about regulations to implement the guidance , <br /> recast the common rule in plain <br /> d some <br /> language and made other needed 750 pages in each paper copy of each iof Federal identify alscontentrequired <br /> those regulations , <br /> improvements . OMB did not issue a <br /> edition <br /> e tulations (i e., about 750 ,000 pages and specify where and when the <br /> notice at that time to amend the g <br /> guidance because we were considering for every 1 ,000 paper copies of the CFR agencies must issue the regulations . <br /> ve no <br /> two improvements to the approach we w are <br /> e Poach will educe this bte y bout counterparts in the Novt the Most of these early iembe ons x2003 <br /> had used in the past. PP <br /> dance. The first uisix-fold, which reduces both burdens on common rule , since it was designedto <br /> Adoptable g <br /> improvement u our past approach is to the public and costs of maintaining the be an guidagencyrule rather than OMB <br /> publish the full text of the OMB regulations. <br /> guidance in a form suitable for agency • Streamline the process for updating Following section rt , is t , in subparts <br /> adoption. The 1988 and 1995 notices the government-wide requirements on to through <br /> agency wothe uld adopt to specify <br /> amended the guidance to conform with nonprocurement debarment and g y <br /> updates to the common rule but the suspension. The process for updating a its policies and procedures for <br /> guidance was not published anywhere common rule is exceedingly complex nonprocurement debarment and <br /> ctions in sun <br /> in full text as an OMB issuance . Thus , and time consuming . The 33 Federal suspension ,guidance h have different section <br /> the full text of policies and procedures agencies must process the same <br /> on nonprocurement debarment and rulemaking document before it can be numbers than their counterpart sections <br /> suspension had to appear in each of 33 sent to the OMB and published in the in the common rule. The changed <br /> bers are due to the <br /> Federal agencies ' separate codifications Feder i al Re daetiziwthe ru1hich eW With the create ng inclusion section of the ON <br /> guidance in <br /> of the common rule , Today ' s notice, by P g sections 180 . 05 through 180 .45 , which <br /> publishing the OMB guidance in a form now approach , OMB will publish <br /> that Federal agencies can adopt, proposed changes to the guidance in the displaced and forced renumbering of <br /> eliminates the need for each agency to Federal Register , with an opportunity sections �. 25 to Nove ribethapreceded <br /> for the public to comment. Once subpart A in the November 2003 <br /> repeat the full text in its own P <br /> implementing regulation , agencies have issued their regulations common <br /> only other ortion of the <br /> This fundamentally different adopting the guidance , the process for guidance <br /> where section numbers vary <br /> approach of adoptable guidance has future updates will be complete when from the November 2003 common rule <br /> three ma or advantages over the OMB issues the final guidance. is sub art I , whicb contains definitions <br /> previous approach of having each Agencies will not need to amend their of tarps . W e replaced the defined term <br /> agency codify the full-text of a common regulations adopting the guidance . <br /> rule . Specifically , the new approach Publication of the guidance in 2 CFRV " agency " in the common rule with the <br /> will : The second improvement to our past term"Fede al agency " <br /> d forcethe OMB <br /> • Make it easier for recipients of approach is to locate the OMB guidance o <br /> covered transactions or respondents in in Subtitle A of the new Title 2 of the reorganization of the definition sections <br /> suspension or debarment actions to CFR, " Grants and Agreements , " that in subpart I to keep the defined terms <br /> discern agency-to-agency variations OMB established on May 11 , 2004 169 in alphabetical order . <br /> from the common rule language . When FR 26276) . Publishing the guidance in In one, section of subpart A, we made <br /> agencies published the common ruto clarify the <br /> le on the <br /> public makes land when agent Very lcies e to the substance. Section A 0o the <br /> nonprocurement debarment and <br /> suspension , each agency was allowed to issue their new regulations adopting the an ae nber giv ncanm ppropriate causele stated <br /> have some agency -specific additions or guidance in the same CFR titluidance , will co4ocate the e the for debarment, could take <br /> an action to <br /> exceptions to the government-wide guidance <br /> rules . e s also will maintain a exclude " any person who has been <br /> language . Because each agency ' s agency <br /> variations are embedded in and copy of the current guidance at the OMB involved , is currently involved, °r may <br /> integrated with the agency ' s publication Web site (http ://www.whitehouse.govi reason verablsd transactionbe expected t� be involved <br /> of the full -text of the rule , it is difficult omblcirculars) , for the benefit of in the <br /> far a recipient or respondent that does individuals who would prefer to access corresponding d newich its in secttonO80B.150 , <br /> business with multiple Federal agencies it there , <br />