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[Federal Register: October 25, 1994]
_______________________________________________________________________
Part II
Grants and Cooperative Agreements to State and Local Governments;
Proposed Rule
_______________________________________________________________________
Department of Agriculture
Department of Energy
Small Business Administration
Department of Commerce
Office of National Drug Control Policy
Department of State
Department of Housing and Urban Development
Department of Justice
Department of Labor
Federal Mediation and Conciliation Service
Department of Defense
Department of Education
National Archives and Records Administration
Department of Veterans Affairs
Environmental Protection Agency
General Services Administration
Department of the Interior
Federal Emergency Management Agency
Department of Health and Human Services
National Science Foundation
National Foundation on the Arts and Humanities
National Endowment for the Arts
National Endowment for the Humanities
Institute of Museum Services
Corporation for National and Community Service
Department of Transportation
DEPARTMENT OF AGRICULTURE
7 CFR Part 3016
DEPARTMENT OF ENERGY
10 CFR Part 600
SMALL BUSINESS ADMINISTRATION
13 CFR Part 143
DEPARTMENT OF COMMERCE
15 CFR Part 24
OFFICE OF NATIONAL DRUG CONTROL POLICY
21 CFR Part 1403
DEPARTMENT OF STATE
22 CFR Part 135
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 85
DEPARTMENT OF JUSTICE
28 CFR Part 66
DEPARTMENT OF LABOR
29 CFR Part 97
FEDERAL MEDIATION AND CONCILIATION SERVICE
29 CFR Part 1470
DEPARTMENT OF DEFENSE
32 CFR Part 33
DEPARTMENT OF EDUCATION
34 CFR Part 80
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1207
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 43
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 31
GENERAL SERVICES ADMINISTRATION
41 CFR Part 105-71
DEPARTMENT OF THE INTERIOR
43 CFR Part 12
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 13
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 92
NATIONAL SCIENCE FOUNDATION
45 CFR Part 602
NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES
National Endowment for the Arts
45 CFR Part 1157
National Endowment for the Humanities
45 CFR Part 1174
Institute of Museum Services
45 CFR Part 1183
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2541
DEPARTMENT OF TRANSPORTATION
49 CFR Part 18
Grants and Cooperative Agreements to State and Local Governments
AGENCIES: Department of Agriculture, Department of Commerce, Department
of Defense, Department of Education, Department of Energy, Department
of Health and Human Services, Department of Housing and Urban
Development, Department of the Interior, Department of Justice,
Department of Labor, Department of State, Department of Transportation,
Department of Veterans Affairs, Corporation for National and Community
Service, Environmental Protection Agency, Federal Emergency Management
Agency, Federal Mediation and Conciliation Service, General Services
Administration, Institute of Museum Services, National Archives and
Records Administration, National Endowment for the Arts, National
Endowment for the Humanities, National Science Foundation, Office of
National Drug Control Policy, Small Business Administration.
ACTION: Notice of proposed rulemaking.
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SUMMARY: In response to a recommendation by the National Performance
Review, this proposed revision to the grants management common rule,
``Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,'' originally issued in the
March 11, 1988, Federal Register, is issued to raise the dollar
threshold for simplified procedures for small purchases (simplified
acquisition threshold) by State and local grantees. The agencies'
common rule provides uniform fiscal and administrative requirements
applicable to all types of grants and cooperative agreements to State
and local governments.
DATES: Comments must be received on or before December 27, 1994 in
order to be assured of consideration.
ADDRESSES: Persons wishing to submit comments on this notice of
proposed rulemaking should send them to Charles Gale, Director,
Division of Grants Policy and Oversight, Department of Health and Human
Services, A-102 Rulemaking Docket, Room 517D, Hubert H. Humphrey
Building, Washington, DC 20201. A copy of each communication submitted
will be available for public inspection and copying during regular
business hours (9:00 a.m.-5:30 p.m. eastern standard time) at the above
address.
FOR FURTHER INFORMATION CONTACT: For general issues regarding this
proposed rule, contact Charles Gale, Director, Division of Grants
Policy and Oversight, Department of Health and Human Services, (202)
690-6377. For agency-specific issues, see contact persons for
individual agencies in preambles of the individual agencies below.
SUPPLEMENTARY INFORMATION:
Background
In 1983, a 20-agency task force explored streamlining grants
management and reviewed OMB Circular A-102, ``Uniform Administrative
Requirements for Grants to State and Local Governments.'' As part of
that effort, on June 18, 1984, OMB published a Notice in the Federal
Register (49 FR 24958-24959) seeking comments on over 50 issues and
possible options for each.
OMB and the agencies then drafted a governmentwide ``common rule.''
The proposed common rule contained fiscal and administrative
requirements for grants and cooperative agreements to State and local
governments (grantees) and subrecipients which are State and local
governments (subgrantees). At the same time, OMB and the agencies
prepared a revised OMB Circular A-102--directed solely to Federal
agencies--containing guidance to Federal agencies on how they should
manage the award and administration of Federal grants.
On March 12, 1987, the President directed all affected agencies to
simultaneously propose and subsequently adopt a common rule verbatim,
except where inconsistent with specific statutory requirements. Twenty-
three agencies proposed a governmentwide grants management common rule
in the June 9, 1987 Federal Register (52 FR 21820-21862).
On March 11, 1988, OMB published the final revised Circular A-102,
dated March 3, 1988, in the Federal Register (53 FR 8028-8032). On the
same date, 24 Federal agencies published the final governmentwide
common rule in the Federal Register (53 FR 8034-8103). The Circular
became effective immediately while the common rule did not become
effective until October 1, 1988. On June 30, 1992, the Commission on
the Bicentennial of the United States Constitution closed and thus will
not be joining this proposed rulemaking. On November 24, 1992 and
August 16, 1993, two more agencies co-signed the governmentwide common
rule (at 57 FR 55092 and 58 FR 43270). On April 4, 1994, the functions
of ACTION were transferred to the Corporation for National and
Community Service.
On November 4, 1988, OMB published a proposal in the Federal
Register (53 FR 44710-44714) to replace OMB Circulars A-102 and A-110
with a circular that would provide OMB guidance to Federal agencies on
how they should manage the award and administration of Federal grants
to both governmental and non-governmental organizations. In addition,
the Federal agencies simultaneously issued a proposed rule in the
Federal Register (53 FR 44716-44812) to amend the March 11, 1988,
common rule to establish fiscal and administrative requirements on non-
governmental grantees as well. However, based on comments received, on
October 29, 1990, in the Unified Agenda of Federal Regulations, OMB
stated that it ``no longer plans to merge these circulars'' (55 FR
45289-45290).
In September 1993, in Creating a Government that Works Better and
Costs Less, the National Performance Review (NPR) made a recommendation
to ``Simplify administration by modifying the common grant rules on
small purchases'' (FSL05). Specifically, NPR recommended an increase in
the dollar threshold for small purchases (simplified acquisition
threshold) by local governments from $25,000 to $100,000. NPR also made
a companion recommendation in the area of reinventing Federal
procurement to ``Establish new simplified acquisition threshold and
procedures'' (PROC04). This recommendation sought legislation to
simplify small purchases by raising the threshold for the use of
simplified acquisition procedures from $25,000 to $100,000.
In a February 1994 accompanying report of the NPR entitled Creating
a Government that Works Better & Costs Less--Strengthening the
Partnership in Intergovernmental Service Delivery, NPR elaborated on
recommendation FSL05. NPR stated, ``Local governments have found the
$25,000 limit to be overly restrictive, especially for the purchase of
small vehicles that often exceed this amount. For example, to procure
one small van with federal funds to satisfy Americans with Disabilities
Act requirements, grantees must formally advertise and solicit sealed
public bids. This requirement delays the procurement process and
prevents grantees from acquiring rolling stock quickly'' (page 21).
Therefore, we are proposing to amend the grants management common
rule accordingly.
In many cases, State and local governments set a small purchase
threshold below the Federal small purchase threshold. State and local
governments are encouraged to amend their thresholds in similar fashion
so that grantees will be able to more fully benefit from the change in
Federal requirements that will result from this rulemaking.
Impact Analysis
Executive Order 12866
Executive Order 12866 requires that a regulatory impact analysis be
prepared for ``major'' rules which are defined in the Order as any rule
that has an annual effect on the national economy of $100 million or
more, or certain other specified effects.
The participating agencies do not believe that this proposed
modification to the common rule will have an annual impact of $100
million or more or the other effects listed in the Order. However, the
proposed rule would result in some savings to governmental
organizations receiving grants or subgrants. For this reason, the
participating agencies have determined that this proposed rulemaking
would not create a major rule within the meaning of the Order.
Regulatory Flexibility Act of 1980
The Regulatory Flexibility Act (5 U.S.C. 605(b)) requires that, for
each rule with a ``significant economic impact on a substantial number
of small entities,'' an analysis must be prepared describing the rule's
impact on small entities and identifying any significant alternatives
to the rule that would minimize the economic impact on small entities.
The participating agencies certify that this proposed rule will not
have a significant economic impact on a substantial number of small
entities. The proposed rule does not affect the amount of funds
provided in the covered programs, but rather modifies and updates an
administrative and procedural requirement that reduces burden on small
entities.
Paperwork Reduction Act
The participating agencies certify that this proposed rule would
not impose any additional reporting or recordkeeping requirements under
the Paperwork Reduction Act of 1980, 44 U.S.C. Chapter 35.
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DEPARTMENT OF AGRICULTURE
Text of the Proposed Common Rule
The text of this common rule as proposed for amendment in this
document appears below:
PART ________--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. Section ________.36 is amended by revising paragraphs (d)(1),
(g)(2)(ii) through (v), and (h) introductory text, and republishing
paragraph (g)(2) introductory text to read as follows:
______.36 Procurement
* * * * *
(d) Methods of procurement to be followed. (1) Procurement by small
purchase procedures. Small purchase procedures are those relatively
simple and informal procurement methods for securing services,
supplies, or other property that do not cost more than the greater of
$100,000 or the small purchase threshold (simplified acquisition
threshold) fixed at 41 U.S.C. 403(11) (currently set at $25,000). If
small purchase procedures are used, price or rate quotations shall be
obtained from an adequate number of qualified sources.
* * * * *
(g) Awarding agency review.
* * * * *
(2) Grantees and subgrantees must on request make available for
awarding agency pre-award review procurement documents, such as
requests for proposals or invitations for bids, independent cost
estimates, etc., when:
* * * * *
(ii) The procurement is expected to exceed the greater of $100,000
or the small purchase threshold and is to be awarded without
competition or only one bid or offer is received in response to a
solicitation; or
(iii) The procurement, which is expected to exceed the greater of
$100,000 or the small purchase threshold, specifies a ``brand name''
product; or
(iv) The proposed award is more than the greater of $100,000 or the
small purchase threshold and is to be awarded to other than the
apparent low bidder under a sealed bid procurement; or
(v) A proposed contract modification changes the scope of a
contract or increases the contract amount by more than the greater of
$100,000 or the small purchase threshold.
* * * * *
(h) Bonding requirements. For construction or facility improvement
contracts or subcontracts more than the greater of $100,000 or the
small purchase threshold, the awarding agency may accept the bonding
policy and requirements of the grantee or subgrantee provided the
awarding agency has made a determination that the awarding agency's
interest is adequately protected. If such a determination has not been
made, the minimum requirements shall be as follows:
* * * * *
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DEPARTMENT OF AGRICULTURE
Proposed Adoption of Common Rule
The text of the common rule, as proposed by the agencies in this
document, appears below.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 3016
RIN 050-AA08
FOR FURTHER INFORMATION CONTACT:
Gerald Miske, Supervisory Management Analyst, Federal Assistance and
Fiscal Policy Division, U.S. Department of Agriculture, Washington, DC
20250, (202) 720-1553.
List of Subjects in 7 CFR Part 3016
Grant programs (Agriculture).
Issued at Washington, DC.
It is proposed that Title 7 of the Code of Federal Regulations be
amended as follows.
Anthony A. Williams,
Chief Financial Officer.
Approved:
Mike Espy,
Secretary.
PART 3016--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 3016 continues to read as follows:
Authority: 5 U.S.C. 301.
Sec. 3016.36 [Amended]
2. Section 3016.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF ENERGY
Office of the Secretary
10 CFR Part 600
FOR FURTHER INFORMATION CONTACT: Cherlyn Seckinger, Business and
Financial Policy Division (HR-521.2), U.S. Department of Energy, 1000
Independence Avenue, S.W., Washington, D.C. 20585, (202) 586-8192.
List of Subjects in 10 CFR Part 600
Government contracts, Grant programs.
It is proposed that Part 600 of Title 10 of the Code of Federal
Regulations be amended as follows.
Richard H. Hopf,
Deputy Assistant Secretary for Procurement and Assistance Management.
PART 600--FINANCIAL ASSISTANCE RULES SUBPART E--UNIFORM
ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS
TO STATE AND LOCAL GOVERNMENTS
1. The authority for Part 600 continues to read as follows:
Authority: Secs. 644 and 646, Pub. L. 95-91, 91 Stat. 599, (42
U.S.C. 7254 and 7256); Pub. L. 97-258, 96 Stat. 1003-1005 (31 U.S.C.
6301-6308).
Sec. 600.436 [Amended]
2. Section 600.436 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
SMALL BUSINESS ADMINISTRATION
13 CFR Part 143
FOR FURTHER INFORMATION CONTACT: Calvin Jenkins, Acting Assistant
Administrator for Administration, (202) 205-6630.
List of Subjects in 13 CFR Part 143
Contract programs; Grant programs.
It is proposed that Title 13 of the Code of Federal Regulations be
amended as follows.
Erskine B. Bowles,
Administrator.
PART 143--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority citation for Part 143 continues to read as
follows:
Authority: 15 U.S.C. 634(b)(6).
Sec. 143.36 [Amended]
2. Section 143.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF COMMERCE
15 CFR Part 24
FOR FURTHER INFORMATION CONTACT: George W. White, Chief, Policy
Division, Office of Federal Assistance, (202) 482-5817.
List of Subjects in 15 CFR Part 24
Accounting, Grant programs, Grant administration, Insurance,
Reporting and recordkeeping requirements.
It is proposed that title 15 of the Code of Federal Regulations be
amended as follows.
Dated: August 16, 1994.
John J. Phelan, III,
Acting Director for Federal Assistance and Management Support.
PART 24--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 24 continues to read as follows:
Authority: 5 U.S.C. 301.
Sec. 24.36 [Amended]
2. Section 24.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
OFFICE OF NATIONAL DRUG CONTROL POLICY
21 CFR Part 1403
FOR FURTHER INFORMATION CONTACT: Richard Yamamoto, Director, High
Intensity Drug Trafficking Areas Program, (202) 395-6755
List of Subjects in 21 CFR Part 1403
Contact programs, Grant programs.
It is proposed that title 21 of the Code of Federal Regulations be
amended as follows:
Lee P. Brown,
Director.
PART 1403--UNIFORM ADMINISTRATION REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The Authority for part 1403 continues to read as follows:
Authority: 5 U.S.C. 301.
Sec. 1403.36 [Amended]
2. Section 1403.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF STATE
22 CFR Part 135
FOR FURTHER INFORMATION CONTACT: Robert Lloyd, Office of the
Procurement Executive, 703-516-1690.
List of Subjects in 22 CFR Part 135
Contract programs, Grant programs.
It is proposed that title 22 of the Code of Federal Regulations be
amended as follows:
Dated: July 18, 1994.
Lloyd W. Pratsch,
Procurement Executive.
PART 135--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 135 continues to read as follows:
Authority: 22 U.S.C. 2658.
Sec. 135.36 [Amended]
2. Section 135.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 85
FOR FURTHER INFORMATION CONTACT: Edward L. Girovasi, Jr., Director,
Policy and Evaluation Division, (202) 708-0294.
List of Subjects in 24 CFR Part 85
Accounting, Contract programs, Grant programs, Indians,
Intergovernmental relations, Reporting and recordkeeping requirements.
It is proposed that title 24 of the Code of Federal Regulations be
amended as follows:
Henry G. Cisneros,
Secretary.
PART 85--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 85 continues to read as follows:
Authority: 42 U.S.C. 3535(d).
Sec. 85.36 [Amended]
2. Section 85.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF JUSTICE
28 CFR Part 66
for further information contact: Cynthia J. Schwimer, Acting Director,
Financial Management and Grants Administration Division, 202-307-3186.
List of Subjects in 28 CFR Part 66
Accounting, Contract programs, Grant programs, Indians,
Intergovernmental relations, Reporting and recordkeeping requirements.
It is proposed that title 28, chapter I, of the Code of Federal
Regulations be amended as follows:
Janet Reno,
Attorney General.
PART 66--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 66 is revised to read as follows:
Authority: The Omnibus Crime Control and Safe Street Acts of
1968, 42 U.S.C. 3711, et seq. (as amended); Juvenile Justice and
Delinquency Act of 1974, 42 U.S.C. 5601, et seq. (as amended);
Victims of Crime Act of 1984, 18 U.S.C. 4042; and 42 U.S.C. 4351-
4353.
Sec. 66.36 [Amended]
2. Section 66.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF LABOR
29 CFR Part 97
for further information contact: Melvin Goldberg, Chief, Division of
Procurement and Grant Policy, (202) 219-9174.
List of Subjects in 29 CFR Part 97
Contract programs, Grant programs.
It is proposed that title 29 of the Code of Federal Regulations be
amended as follows:
Cynthia A. Metzler,
Assistant Secretary for Administration and Management.
PART 97--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 97 continues to read as follows:
Authority: 5 U.S.C. 301.
Sec. 97.36 [Amended]
2. Section 97.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
FEDERAL MEDIATION AND CONCILIATION SERVICE
29 CFR Part 1470
for further information contact: Lee Buddendeck (202) 653-5320.
List of Subjects in 29 CFR Part 1470
Contract programs, Grant programs.
It is proposed that title 29 of the Code of Federal Regulations be
amended as follows:
John Calhoun Wells,
Director.
PART 1470--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 1470 continues to read as follows:
Authority: The Labor Management Cooperation Act of 1978 (29
U.S.C. 175a).
Sec. 1470.36 [Amended]
2. Section 1470.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 33
FOR FURTHER INFORMATION CONTACT: Dr. Mark Herbst, (703) 614-0205.
ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Defense
proposes to adopt this amendment to the Governmentwide common rule on
administration of grants and cooperative agreements to State and local
governments. In adopting this rule, the Office of the Secretary of
Defense, the Military Departments and the Defense Agencies will
maintain uniform procedures that are consistent with those of other
Executive Departments and Agencies.
The Department of Defense originally codified this Governmentwide
rule on March 11, 1988 (53 FR 8034), at 32 CFR Part 278. On February
21, 1992 (57 FR 6199), Part 278 was redesignated as Part 33. This
Notice of Proposed Rulemaking proposes to amend the redesignated Part
33.
List of Subjects in 32 CFR Part 33
Accounting, Administrative practice and procedures, Grant programs,
Grants administration, Insurance, Reporting and recordkeeping
requirements.
It is proposed that title 32 of the Code of Federal Regulations be
amended as follows:
Linda M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
PART 33--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 33 continues to read as follows.
Authority: 5 U.S.C. 301; 10 U.S.C. 113.
Sec. 33.36 [Amended]
2. Section 33.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF EDUCATION
34 CFR Part 80
FOR FURTHER INFORMATION CONTACT: Greg Vick, U.S. Department of
Education, 400 Maryland Avenue, S.W., Room 3636 ROB, Washington, D.C.
20202-4700. Telephone: 708-8199.
List of Subjects in 34 CFR Part 80
Accounting, Administrative practice and procedures, Contract
programs, Grant programs--education, Grant administration, Insurance,
Reporting and Recordkeeping requirements.
It is proposed that title 34 of the Code of Federal Regulations be
amended as follows:
Richard W. Riley,
Secretary of Education.
PART 80--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 80 continues to read as follows:
Authority: 20 U.S.C. 1221e-3(a)(1) and 3474, OMB Circular A-102,
unless otherwise noted.
Sec. 80.36 [Amended]
2. Section 80.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1207
RIN 3095-AA23
FOR FURTHER INFORMATION CONTACT: Mary Ann Hadyka or Gale Bentley at
301-713-6730.
ADDITIONAL SUPPLEMENTARY INFORMATION: The Archivist of the United
States, through the National Historical Publications and Records
Commission (NHPRC) program provides grants, when funds are available,
to State and local governments, historical societies, archives,
libraries and associations for the preservation, arrangement and
description of historical records and for a broad range of archival
training and development programs. These programs are described in 36
CFR Part 1206. The Catalog of Federal Domestic Assistance number is
89.0003.
List of Subjects in 36 CFR Part 1207
Accounting, Administrative practice and procedure, Contract
programs, Grant programs--Archives and records, Grants administration,
Insurance, Reporting and recordkeeping requirements.
It is proposed that title 36 of the Code of Federal Regulations be
amended as follows:
Trudy Huskamp Peterson,
Acting Archivist of the United States.
PART 1207--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 1207 continues to read as follows:
Authority: 44 U.S.C. 2104(a).
Sec. 1207.36 [Amended]
2. Section 1207.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 43
FOR FURTHER INFORMATION CONTACT:
Donald L. Neilson, Director, Records Management Service (723),
Department of Veterans Affairs, 810 Vermont Avenue N.W., Washington,
D.C. 20420, (202) 523-3412.
List of Subjects in 38 CFR Part 43
Contract programs, Grant programs.
It is proposed that title 38 Code of Federal Regulations be amended
as follows:
Jesse Brown,
Secretary of Veterans Affairs.
PART 43--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 43 continues to read as follows:
Authority: 38 U.S.C. 1712, E.O. 11541.
Sec. 43.36 [Amended]
2. Section 43.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 31
FOR FURTHER INFORMATION CONTACT:
Richard Mitchell, Grants Policy and Procedures Branch, Grants
Administration Division (3903F), 401 M Street SW, Washington, D.C.,
20460, (202) 260-6077.
List of Subjects in 40 CFR Part 31
Accounting, Administrative practice and procedure, Grant programs,
Contract programs, Grants administration, Reporting and recordkeeping
requirements.
It is proposed that Title 40 of the Code of Federal Regulations be
amended as follows:
Dated: August 8, 1994.
Carol Browner,
Administrator.
PART 31--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for Part 31 continues to read as follows:
Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 7401 et seq.; 42
U.S.C. 6901 et seq.; 42 U.S.C. 300f et seq.; 7 U.S.C. 136 et seq.;
15 U.S.C. 2601 et seq.; 42 U.S.C. 9601 et seq.; 20 U.S.C. 4011 et
seq.; 33 U.S.C. 1401 et seq.
Sec. 31.36 [Amended]
2. Section 31.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
GENERAL SERVICES ADMINISTRATION
41 CFR Part 105-71
FOR FURTHER INFORMATION CONTACT: John P. Dyer, General Services
Administration, Public Buildings Service, Office of Procurement, 18th
and F Streets, NW, Room 7316, Washington, DC 20405. Telephone: (202)
501-0907 Extension 46.
List of Subjects in 41 CFR Part 105-71
Accounting, Administrative practice and procedure, Grant programs,
Grants administration, Insurance, Reporting and recordkeeping
requirements.
It is proposed that title 41 of the Code of Federal Regulations be
amended as follows:
Dated: August 31, 1994.
David L. Bibb,
Deputy Commissioner, Public Buildings Service.
PART 105-71--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 105-71 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).
Sec. 105-71.136 [Amended]
2. Section 105-71.136 is amended as set forth at the end of the
common preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 12
RIN 1090-AA47
FOR FURTHER INFORMATION CONTACT: Dean A. Titcomb, Chief, Acquisition
and Assistance Division, (202) 208-6431
List of Subjects in 43 CFR Part 12
Cooperative agreements, Grants administration, Grant program.
It is proposed that title 43 of the Code of Federal Regulations be
amended as follows:
Dated: August 11, 1994.
Bonnie R. Cohen,
Assistant Secretary--Policy, Management and Budget.
PART 12--ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES
FOR ASSISTANCE PROGRAMS
1. The authority for part 12 continues to read as follows:
Authority: 5 U.S.C. 301; 31 U.S.C. 7501; 41 U.S.C. 701 et seq.;
E.O. 12539, 3 CFR, 1986 Comp. p. 189; E.O. 12674, 3 CFR, 1989 Comp.
p. 215; E.O. 12731, 3 CFR, 1990 Comp. p. 306; OMB Circular A-102;
OMB Circular A-110; OMB Circular A-128; and OMB Circular A-133.
Sec. 12.76 [Amended]
2. Section 12.76 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 13
FOR FURTHER INFORMATION CONTACT: Charles F. McNulty, Office of
Financial Management, Federal Emergency Management Agency, 500 C Street
SW, Washington, DC 20472, (202) 646-2976.
List of Subjects in 44 CFR Part 13
Accounting, Administrative practice and procedure, Grant programs,
Grants administration, Insurance, Reporting and recordkeeping
requirements.
Accordingly, 44 CFR part 13 is proposed to be amended as follows.
Gary D. Johnson,
Acting Chief Financial Officer.
PART 13--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority citation continues to read as follows:
Authority: Reorg. Plan No. 3, 1978; E.O. 12127; E.O. 12148.
Sec. 13.36 [Amended]
2. Section 13.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 92
FOR FURTHER INFORMATION CONTACT: Charles Gale, Director, Division of
Grants Policy and Oversight, 202-690-6377. For the hearing impaired
only: Telecommunications Device for the Deaf 202-690-6415.
ADDITIONAL SUPPLEMENTARY INFORMATION: For clarification, in addition to
applying to State and local governments, this amendment also applies to
Indian Tribal governments.
List of Subjects in 45 CFR Part 92
Contract programs, Grant programs.
It is proposed that title 45 of the Code of Federal Regulations be
amended as follows:
Dated: August 12, 1994.
Donna E. Shalala,
Secretary.
PART 92--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 92 continues to read as follows:
Authority: 5 U.S.C. 301.
Sec. 92.36 [Amended]
2. Section 92.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
NATIONAL SCIENCE FOUNDATION
45 CFR Part 602
FOR FURTHER INFORMATION CONTACT: Jean Feldman, Deputy Head, Policy
Office, Division of Contracts, Policy & Oversight, 703-306-1243.
List of Subjects in 45 CFR Part 602
Contract programs, Grant programs.
It is proposed that title 45 of the Code of Federal Regulations be
amended as follows:
Joseph L. Kull,
Chief Financial Officer.
PART 602--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 602 continues to read as follows:
Authority: 42 U.S.C. 1870(a).
Sec. 602.36 [Amended]
2. Section 602.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Part 1157
FOR FURTHER INFORMATION CONTACT:
Donald Bard, Grants Officer, National Endowment for the Arts, 1100
Pennsylvania Avenue, NW., Washington, DC 20506-0001, (202) 682-5403.
List of Subjects in 45 CFR Part 1157
Accounting, Administrative practice and procedures, Grant Programs,
Grants administration, Insurance, Reporting and recordkeeping
requirements.
It is proposed that title 45 of the Code of Federal Regulations be
amended as follows:
Laurence Baden,
Deputy Chairman for Management.
PART 1157--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 1157 continues to read as follows:
Authority: 20 U.S.C. 951 et seq., as amended 1990.
Sec. 1157.36 [Amended]
2. Section 1157.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
National Endowment for the Humanities
45 CFR Part 1174
FOR FURTHER INFORMATION CONTACT:
Mr. David J. Wallace, Director, Grants Office, (202) 606-8494.
List of Subjects in 45 CFR Part 1174
Contract programs, Grant programs.
It is proposed that title 45 of the Code of Federal Regulations be
amended as follows:
Sheldon Hackney,
Chairman.
PART 1174--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 1174 continues to read as follows:
Authority: 20 U.S.C. 959 (a)(1).
Sec. 1174.36 [Amended]
2. Section 1174.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
Institute of Museum Services
45 CFR Part 1183
FOR FURTHER INFORMATION CONTACT:
Rebecca Danvers, Program Director, 202-606-8539.
List of Subjects in 45 CFR Part 1183
Museums, National boards.
It is proposed that title 45 of the Code of Federal Regulations be
amended as follows:
Diane B. Frankel,
Director.
PART 1180--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
1. The authority for part 1183 continues to read as follows:
Authority: 20 U.S.C. 961.
Sec. 1183.36 [Amended]
2. Section 1183.36 is amended as set forth at the end of the common
preamble.
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DEPARTMENT OF AGRICULTURE
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2541
for further information contact: Michael Kenefick, Director Grants and
Contracts, 202-606-8070 ext. 101.
List of Subjects in 45 CFR Part 2541
Contract programs, Grant programs.
It is proposed that title 45 of this Code of Federal Regulations be
amended as follows:
Terry Russell,
General Counsel.
PART 2541--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS.
1. The authority for part 2541 continues to read as follows:
Authority: 42 U.S.C. 12501 et seq.
Sec. 2541.360 [Amended]
2. Section 2541.360 is amended as set forth at the end of the
common preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 18
for further information contact: Robert G. Taylor, Department of
Transportation, Office of Acquisition and Grant Management, M-62, 400
Seventh Street, S.W., Room 9401, Washington, D.C. 20590, (202) 366-
4289.
ADDITIONAL SUPPLEMENTARY INFORMATION:
Background
This rule is being revised to raise the dollar threshold for small
purchases by State and local grantees in accordance with the National
Performance Review recommendation and to be consistent with the
accompanying governmentwide common rule.
Section 18.6, Additions and exceptions. This section has been
revised to codify the current DOT policy for the review and concurrence
of exceptions by the Assistant Secretary for Administration to ensure
conformance with overall Department policies.
Regulatory Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The Department of Transportation has determined that this
rulemaking is not a significant regulatory action within the meaning of
Executive Order 12866, nor a significant regulation under the
Department's Regulatory Policies and Procedures. The regulations should
create savings for recipients by reducing the costs of administering
grants. The DOT Operating Administrations award approximately $23
billion through forty separate assistance programs annually. An
undetermined portion of these funds are utilized for small purchases.
Regulatory Flexibility Act of 1980
The Regulatory Flexibility Act (5 U.S.C. 605(b)) requires that, for
each rule with a ``significant economic impact on a substantial number
of small entities,'' an analysis be prepared describing the rule's
impact on small entities and identifying any significant alternatives
to the rule that would minimize the economic impact on small entities.
We certify that these regulations will not have a significant economic
impact on a substantial number of small entities because they do not
affect the amount of funds provided in the covered programs, but rather
modify and update administrative and procedural requirements.
Excutive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612. The rule primarily applies
to State or local governments. This action may have some Federalism
benefits by removing some procedural restrictions on grantees; however,
the Department certifies that this proposal does not have sufficient
Federalism implications to warrant a full Federalism assessment under
the principles and criteria contained in Executive Order 12612.
Paperwork Reduction Act
We certify that this proposed rule would not impose any additional
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1980, 44 U.S.C. Chapter 35.
List of Subjects in 49 CFR Part 18
Accounting, Administrative practice and procedure, Grant programs,
Grants administration, Insurance, Reporting and recordkeeping
requirements.
Authority: 49 U.S.C. 322(a).
Issued this 27th day of September 1994 at Washington, D.C.
Federico Pena,
Secretary of Transportation.
It is proposed that title 49 of the Code of Federal Regulations be
amended as follows:
1. The authority for part 18 continues to read as follows:
Authority: 49 U.S.C. 322 (a).
2. Section 18.6 is amended by adding paragraphs (b)(1) and (c)(1),
and reserving paragraphs (b)(2) and (c)(2), to read as follows:
Sec. 18.6 Additions and exceptions.
* * * * *
(b) * * *
(1) All Departmental requests for exceptions shall be processed
through the Assistant Secretary of Administration.
(2) [Reserved]
(c) * * *
(1) All case-by-case exceptions may be authorized by the affected
operating administrations or departmental offices, with the concurrence
of the Assistant Secretary for Administration.
(2) [Reserved]
Sec. 18.36 [Amended]
3. Section 18.36 is amended as set forth at the end of the common
preamble.
[FR Doc. 94-26238 Filed 10-24-94; 8:45 am]
BILLING CODES 3410-90-P; 6450-01-M; 8025-01-M; 3510-FA-M; 3180-02-M;
4710-24-M; 4210-32-M; 4410-18-M; 4510-23-M; 6372-01-M; 5000-04-M; 4000-
01-M; 7515-01-M; 8320-01-M; 6560-50-M; 6820-23-M; 4310-RF-M; 6718-01-M;
4150-04-M; 7555-01-M; 7537-01-M; 7536-01-M; 7036-01-M; 6050-28-M; 4910-
62-M
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