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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 />
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