Management and Budget Office – Federal Register Recent Federal Regulation Documents

The Office of Management and Budget (OMB) is publishing its semiannual agenda of upcoming activities for Federal regulations, OMB Circulars, Office of Federal Procurement Policy (OFPP) Policy Letters, and Cost Accounting Standards Board (CASB) Cost Accounting Standards. OMB Circulars and OFPP Policy Letters are published in accordance with OMB's internal procedures for implementing Executive Order No. 12866 (October 4, 1993, 58 FR 51735). OMB policy guidelines are issued under authority derived from several sources including: Subtitles I, II, and V of Title 31, United States Code; Executive Order No. 11541; and other specific authority as cited. OMB Circulars and OFPP Policy Letters communicate guidance and instructions of a continuing nature to executive branch agencies. As such, most OMB Circulars and OFPP Policy Letters are not regulations. Nonetheless, because these issuances are typically of public interest, they are generally published in the Federal Register in both proposed (for public comment) and final stages. For this reason, they are presented below in the standard format of ``prerule,'' ``proposed rule,'' and ``final rule'' stages. CASB Cost Accounting Standards are issued under authority derived from 41 U.S.C. 1501. Cost Accounting Standards are rules governing the measurement, assignment, and allocation of costs to contracts with the United States Government. For purposes of this agenda, we have excluded directives that outline procedures to be followed in connection with the President's budget and legislative programs and directives that affect only the internal functions, management, or personnel of Federal agencies.

The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board, is providing public notification of the decision to discontinue the rulemaking on the development of an amendment to Cost Accounting Standard (CAS) 416 regarding the use of the term ``catastrophic losses'' at 48 CFR 9904.416-50(b)(1).

The North American Industry Classification System (NAICS) is a system for classifying establishments (individual business locations) by type of economic activity. Mexico's Instituto Nacional de Estad[iacute]stica y Geograf[iacute]a (INEGI), Statistics Canada, and the United States Office of Management and Budget (OMB), through its Economic Classification Policy Committee (ECPC), collaborate on NAICS to make the industry statistics produced by the three countries comparable. Under 31 U.S.C. 1104(d) and 44 U.S.C. 3504(e), the Office of Management and Budget is announcing its final decisions for adoption of NAICS revisions for 2012 as recommended by the Economic Classification Policy Committee in OMB's notice for solicitation of comments published in Part IV of the May 12, 2010, Federal Register (75 FR 26856-26869). In the May 12, 2010, notice, OMB's ECPC recommended classification guidance for distribution centers, logistics service providers, sales offices of publishers, and units that outsource physical transformation activities. The ECPC also provided a list of recommended changes to the utilities, construction, manufacturing, wholesale trade, retail trade, and food services and accommodations sectors of NAICS United States for 2012. In response to public comments received on the recommendations, the ECPC withdrew the proposal to split the semiconductor industry into two new industries and OMB is modifying two additional ECPC recommendations to better align with the public comments. More details on these decisions are presented in the SUPPLEMENTARY INFORMATION section below.

The Federal Government is currently undertaking a significant effort to eliminate counterfeit products from the U.S. Government supply chain. In June 2010, Vice President Biden and White House Intellectual Property Enforcement Coordinator, Victoria Espinel, announced the Joint Strategic Plan on Intellectual Property Enforcement, laying out a coordinated government-wide approach to strengthening intellectual property enforcement and directing the establishment of an inter-agency working group. Recent reports issued by the Department of Commerce and the Government Accountability Office have found that counterfeits have infiltrated many sectors of the U.S. Government supply chain and have the potential to cause serious disruptions in national defense, critical infrastructure and other vital applications. This working group will develop a framework for reducing vulnerability to counterfeits that is flexible enough to accommodate the wide variety of missions across Federal agencies. This cross-functional working group will identify any gaps in legal authority, regulation, policy and guidance that undermine the security of U.S. Government supply chain from counterfeit parts. The working group's examination will include reviewing current industry standards, the ability of prime contractors and their suppliers to authenticate or trace at-risk items to the original manufacturer, government evaluation and detection capabilities and limitations, and contractual enforcement of authenticity.

The Office of Federal Financial Management (OFFM) within OMB is proposing for approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.) the following template for pilot idea summaries submitted to the Partnership Fund for Program Integrity Innovation (Partnership Fund). This notice announces that OFFM intends to submit this collection to OMB for approval and solicits comments on specific aspects for the proposed collection. The Partnership Fund seeks to identify pilot projects to improve the service delivery, payment accuracy, and administrative efficiency of state-administered Federal assistance programs, while also reducing access barriers for eligible beneficiaries. The proposed pilot idea summary template is intended for use by those wishing to submit pilot ideas for consideration. It outlines the specific information required by the Partnership Fund to make informed decisions in the pilot selection process. Pilot ideas to advance the Partnership Fund's goals are being solicited from all stakeholders, including the general public. The template is currently in use by Federal agencies based on OMB guidance. If approved under the Paperwork Reduction Act, it will be used to solicit ideas from stakeholders outside the Federal government both as a general template and as an online form for idea solicitations through the Partnership Fund Web site, https://www.partner4solutions.gov. Currently, general ideas may be submitted via e-mail to partner4solutions@omb.eop.gov, or through https://www.partner4solutions.gov. The Partnership Fund is funded through FY 2012 and will continue to accept pilot idea proposals on a rolling basis until funding is exhausted. The Partnership Fund must comply with a statutory requirement that all pilot projects, when taken together, be cost neutral.

The Office of Management and Budget (OMB) is issuing proposed guidance to Executive Departments and agencies concerning the appointment of federally registered lobbyists to boards and commissions. On June 18, 2010, President Obama issued ``Lobbyists on Agency Boards and Commissions,'' a memorandum directing agencies and departments in the Executive Branch not to appoint or re-appoint Federally registered lobbyists to advisory committees and other boards and commissions. The Presidential Memorandum further directed the Director of OMB to ``issue proposed guidance to implement this policy to the full extent permitted by law.'' Final guidance will be issued by OMB after a thirty-day public comment period on the proposed guidance. The Presidential Memorandum is available at https://www.whitehouse.gov/ the-press-office/presidential-memorandum-lobbyists-agency-boa rds-and- commissions. Comment Date: OMB invites comments from interested parties in both the public and private sectors to be considered in the formulation of the final guidance. Interested parties should submit comments in writing to the address below on or before 30 days from the publication of this notice.

The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board (Board), invites public comments concerning a Notice of Proposed Rule (NPR) to eliminate an exemption from the Cost Accounting Standards for contracts executed and performed entirely outside the United States, its territories, and possessions.

OMB is issuing interim final guidance to agencies to establish requirements for Federal financial assistance applicants, recipients, and subrecipients that are necessary for the implementation of the Federal Funding Accountability and Transparency Act of 2006, hereafter referred to as ``the Transparency Act'' or ``the Act''. This interim final guidance provides standard wording for an award term that each agency must include in grant and cooperative agreement awards it makes on or after October 1, 2010, to require recipients to report information about first-tier subawards and executive compensation under only those awards. This implementation of the requirement for reporting of subawards and executive compensation under Federal assistance awards parallels the implementation for subcontracts and executive compensation under Federal procurement contracts, which is in the Federal Acquisition Regulation.

This Notice announces OMB's adoption of 2010 Standards for Delineating Metropolitan and Micropolitan Statistical Areas. The 2010 standards replace and supersede the 2000 Standards for Defining Metropolitan and Micropolitan Statistical Areas. In arriving at its decision, OMB accepted the recommendations of the interagency Metropolitan and Micropolitan Statistical Area Standards Review Committee (the Review Committee) as published in the February 12, 2009 Federal Register.

Under 31 U.S.C. 1104(d) and 44 U.S.C. 3504(e), the Office of Management and Budget (OMB) seeks public comment on the advisability of adopting the Economic Classification Policy Committee's (ECPC) recommendations for North American Industry Classification System (NAICS) updates for 2012. NAICS is a system for classifying establishments (individual business locations) by type of economic activity. Mexico's Instituto Nacional de Estad[iacute]stica y Geograf[iacute]a (INEGI), Statistics Canada, and the United States Office of Management and Budget, through its Economic Classification Policy Committee, collaborated on NAICS to make the industry statistics produced by the three countries comparable. OMB's Economic Classification Policy Committee recommends an update of the industry classification system to clarify existing industry definitions and content, recognize new and emerging industries, and correct errors and omissions.

By virtue of the authority vested in the President by Section 2(a) of Pub. L. 87-603 (76 Stat. 593; 42 U.S.C. 2652), and delegated to the Director of the Office of Management and Budget by the President through Executive Order No. 11541 of July 1, 1970, the rates referenced below are hereby established. These rates are for use in connection with the recovery from tortiously liable third persons for the cost of inpatient medical services furnished by military treatment facilities through the Department of Defense (DoD). The rates have been established in accordance with the requirements of OMB Circular A-25, requiring reimbursement of the full cost of all services provided. These inpatient medical service rates became effective October 1, 2009, and will remain in effect until further notice. The outpatient medical, dental, and cosmetic surgery rates published on December 15, 2009, remain in effect until further notice. Note that the aforementioned outpatient rates are 2009 rates, and not 2008 as originally published. Pharmacy rates are updated periodically. A full disclosure of all rates is posted at the DoD's Uniform Business Office Web site: https:// www.tricare.mil/ocfo/mcfs/ubo/mhs_rates/inpatient.cfm.

The Office of Federal Procurement Policy (OFPP) in the Office

The Office of Federal Financial Management (OFFM) is amending certain sections of the interim final guidance at 2 CFR part 176 that pertain to international agreements. These amendments reflect changes with respect to U.S. international obligations since the publication of the interim final guidance. Public comments received in response to the

The Office of Management and Budget (OMB) is proposing guidance to Federal agencies to implement Section 872 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417) (hereafter referred to as ``section 872''), as it relates to grants. Section 872 requires: establishment of a Governmentwide data system to contain specified information related to the integrity and performance of certain entities awarded Federal grants and contracts; and use of the information by Federal officials making awards. The proposed implementing guidance for grants also would apply to cooperative agreements, as a matter of Governmentwide policy.

By virtue of the authority vested in the President by section 2(a) of Public Law 87-603 (76 Stat. 593; 42 U.S.C. 2652), and delegated to the Director of the Office of Management and Budget (OMB) by the President through Executive Order No. 11541 of July 1, 1970, the rates referenced below are hereby established. These rates are for use in connection with the recovery from tortiously liable third persons for the cost of outpatient medical, dental and cosmetic surgery services furnished by military treatment facilities through the Department of Defense (DoD). The rates were established in accordance with the requirements of OMB Circular A-25, requiring reimbursement of the full cost of all services provided. The outpatient medical and dental rates referenced are effective upon publication of this notice in the Federal Register and will remain in effect until further notice. Pharmacy rates are updated periodically. The inpatient rates, published on January 15, 2009, remain in effect until further notice. A full analysis of the rates is posted at the DoD's Uniform Business Office Web site: https:// www.tricare.mil/ocfo/_docs/2009_MedDenCS_Rates%206_25_09.pdf. The rates can be found at: https://www.tricare.mil/ocfo/mcfs/ubo/mhs_ rates.cfm.

The Office of Management and Budget (OMB) requests comments on its Draft 2009 Report to Congress on the Benefits and Costs of Federal Regulations. The full Draft Report is available at https:// www.whitehouse.gov/omb/inforegregpolreportscongress/, and is divided into four chapters. Chapter I examines the benefits and costs of major Federal regulations issued in fiscal year 2008 and summarizes the benefits and costs of major regulations issued between September 1998 and 2008. It also discusses regulatory impacts on State, local, and tribal governments, small business, wages, and economic growth. Chapter II examines trends in regulation since OMB began to compile benefit and cost estimates records in 1981. Chapter III provides an update on implementation of the Information Quality Act. Chapter IV summarizes agency compliance with the Unfunded Mandates Reform Act.

The Office of Management and Budget (OMB) is considering options for revising the current prohibition on Web tracking technologies (such as persistent cookies) and invites public comments on the policy that would govern the use of such technologies. The goal of this review is for the Federal Government to continue to protect the privacy of people who visit Federal Government Web sites while at the same time making these Web sites more user-friendly, providing better customer service, and allowing for enhanced Web analytics.

The Presidential Memorandum on Government Contracting, issued on March 4, 2009, establishes a framework for improving critical components of the federal acquisition system and management of the Federal Government's ``multi-sector'' workforce of federal employees and private sector contractors. The Memorandum directs the Office of Management and Budget (OMB), in consultation with federal agency leadership, to improve and strengthen federal contracting practices and to seek input from the public on the most effective ways to achieve this goal. Section 321 of the National Defense Authorization Act (NDAA) for Fiscal Year 2009 further directs OMB to clarify the definition of an inherently governmental function and to develop criteria to be used by agency heads to identify other functions that should only be performed by Federal employees. The Presidential Memorandum is available at https://www.whitehouse.gov/briefingroom/ PresidentialActions/pg2/. Section 321 may be found at https:// www.rules.house.gov/110/text/110_hr5658.pdf.

The Office of Management and Budget is publishing the attached memorandum to the Heads of Executive Departments and Agencies concerning the determination of the maximum benchmark compensation amount that will be allowable under government contracts during contractors' fiscal year 2009$684,181. This determination is required under Section 39 of the Office of Federal Procurement Policy (OFPP) Act (41 U.S.C. 435) as amended. The benchmark compensation amount applies equally to both defense and civilian procurement agencies.

The Office of Federal Financial Management (OFFM) is establishing Governmentwide guidance and standard award terms for agencies to include in financial assistance awards (namely, grants, cooperative agreements, and loans) as part of their implementation of sections 1512, and 1605, and 1606 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5). This guidance does not cover all award terms that may be needed on financial assistance awards funded directly or assisted by the Federal Government under the Recovery Act. The focus of this guidance is on implementing Recovery Act provisions that may require greater clarification in order to foster consistent application across the Federal Government. Under the interim final guidance, agencies would use the standard award terms in their financial assistance awards to require recipients and subrecipients (first-tier that are not individuals) to maintain current registrations in the Central Contractor Registration (CCR) database; to require recipients to report quarterly on project or activity status, subgrant and subcontract information; to notify recipients of the domestic sourcing (``Buy American'') requirements that apply to certain iron, steel and manufactured goods; to notify recipients of the wage rate requirements that apply to certain projects; and to ensure proper accounting and reporting of Recovery Act expenditures in single audits.

The Director of the Office of Management and Budget (OMB) extends the deadline for public comments on how to improve the process and principles governing Federal regulatory review.

Under the authority of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 1104(d)) and the Paperwork Reduction Act of 1995 (44 U.S.C. 3504(e)), the Office of Management and Budget (OMB) requests public comment on the recommendations it has received from the Metropolitan and Micropolitan Statistical Area Standards Review Committee for changes to OMB's metropolitan and micropolitan statistical area standards. The committee's report and recommendations, which are published in their entirety in the Appendix, follow from study of the 2000 standards, published by OMB in the December 27, 2000 Federal Register (65 FR 82227-82238). The committee's work is a key element in OMB's review that will culminate in publication of the 2010 statistical area standards for the next decade. (Decisions on changes to the metropolitan and micropolitan statistical area standards will not affect the collection, tabulation, and publication of data from the 2010 Census and other current Federal data collections for geographic areas such as states, counties, county subdivisions, and municipalities.) Request for Comments: OMB is seeking comments only on the specific recommendations of the committee for revising the 2000 standards. In addition, OMB would welcome comments on the wording of the recommended 2010 standards to help ensure their clarity and understandability. Comments submitted in response to this notice may be made available to the public, including by posting them on OMB's Web site. For this reason, please do not include in your comments information of a confidential nature, such as sensitive personal information or proprietary information. Electronic Availability: This notice is available on the Internet from the OMB Web site at https://www.whitehouse.gov/omb/fedreg/ 2009.aspx. Federal Register notices are also available electronically from the U.S. Government Printing Office Web site at https:// www.gpoaccess.gov/fr/.

Under the authority of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 1104(d)) and the Paperwork Reduction Act of 1995 (44 U.S.C. 3504(e)), the Office of Management and Budget (OMB) is presenting in this notice its final decisions for revising the 2000 Standard Occupational Classification (SOC) for 2010. The SOC is designed to reflect the current occupational structure of the United States; it classifies all occupations in which work is performed for pay or profit. The SOC covers all jobs in the national economy, including occupations in the public, private, and military sectors. All Federal agencies that publish occupational data for statistical purposes are required to use the SOC; State and local government agencies are strongly encouraged to use this national system to promote a common language for categorizing and analyzing occupations. In two prior Federal Register notices regarding the 2010 SOC (May 16, 2006, 71 FR 28536-28538; and May 22, 2008, 73 FR 29930-29939), OMB and its interagency Standard Occupational Classification Policy Committee (SOCPC) requested comment on the revision process, classification principles and guidelines, corrections to the 2000 SOC Manual, the intention to retain the 2000 SOC Major Group structure, and changes to the existing occupations. OMB, in conjunction with the SOCPC, reviewed and carefully considered the comments received in response to these notices in the process of making its final decisions presented in this notice. Based on these final decisions, OMB has requested that the SOCPC prepare the 2010 Standard Occupational Classification Manual for publication. A complete crosswalk between the 2000 and the 2010 SOC will be available online after publication of the 2010 SOC Manual. Committee members have completed definitions and agencies with occupational classification systems are developing crosswalks from their existing systems to the 2010 SOC. In comparison to the 2000 SOC, the 2010 SOC realized a net gain of 19 detailed occupations, 12 broad occupations, and 1 minor group. The number of major groups is unchanged. The 2010 SOC system contains 840 detailed occupations, aggregated into 461 broad occupations. In turn, the SOC combines these 461 broad occupations into 97 minor groups and 23 major groups. More than 400 of the 840 detailed occupations in the 2010 SOC structure remained the same as in 2000, and over 300 others required only editing changes. Therefore, no substantive changes occurred in occupational coverage for about 4 out of 5 detailed occupations in the 2010 SOC. As an indicator of the scope of changes to the structure of the SOC, 8 detailed occupations moved from one major group in the 2000 SOC to another in the 2010 SOC. Three occupations were placed in the major group 13-0000 Business and Financial Operations Occupations, including ``Farm Labor Contractors'' (13-1074)previously classified in major group 45-0000 Farming, Fishing, and Forestry Occupationsand ``Fundraisers'' (13-1131)previously classified in major group 41-0000 Sales and Related Occupations. Workers in ``Market Research Analysts and Marketing Specialists'' (13-1161) were previously classified in multiple SOC occupations including in ``Market Research Analysts'' in major group 19-0000 Life, Physical, and Social Science Occupations and in ``Public Relations Specialists'' in major group 27-0000 Arts, Design, Entertainment, Sports, and Media Occupations. Two occupations moved into the major group 53-0000 Transportation and Material Moving Occupations, both from major group 39-0000 Personal Care and Service Occupations. These were ``Flight Attendants'' (53-2031) and ``Transportation Attendants, Except Flight Attendants'' (53-6061). Workers in the newly created ``Morticians, Undertakers, and Funeral Directors'' (39-4031) were previously classified with ``Funeral Directors'' (11-9061) in the major group 11-0000 Management Occupations. Workers in another occupation new to the 2010 SOC, ``Solar Photovoltaic Installers'' (47-2231) were previously classified in multiple SOC occupations including two in major group 49-0000 Installation, Maintenance, and Repair Occupations, ``Heating, Air Conditioning, and Refrigeration Mechanics and Installers'' (49-9021) and ``Installation, Maintenance, and Repair Workers, All Other'' (49- 9099). Lastly, the detailed occupation ``Emergency Management Directors'' (11-9161) was previously classified in major group 13-0000 Business and Financial Operations Occupations, under the title ``Emergency Management Specialists.'' Future activities: To ensure that the successful efforts of the SOCPC continue and that the SOC reflects the structure of the changing workforce, the SOCPC will continue its service as a standing committee. The SOCPC will meet periodically to monitor the implementation of the 2010 SOC across Federal agencies. This consultation will include regularly scheduled interagency communication to ensure a smooth transition to the 2010 SOC. The SOCPC will also perform SOC maintenance functions, such as recommending clarifications of the SOC occupational definitions, placement of new occupations within the existing structure, and updating title files. The next major review and revision of the SOC is expected to begin in 2013, in preparation for a 2018 SOC. The intent of this revision schedule is to minimize disruption to data providers, producers, and users by promoting simultaneous adoption of revised occupational and industry classification systems for those data series that use both. Given the multiple interdependent programs that rely on the SOC, this is best accomplished by timing revisions of the SOC for the years following North American Industry Classification System (NAICS) revisions, which occur for years ending in 2 and 7. The next such year is 2018, which has the additional benefit of coinciding with the beginning year of the American Community Survey five-year set of surveys that bracket the 2020 Decennial Census. Thus, OMB intends to consider revisions of the SOC for 2018 and every 10 years thereafter. Appendices: This notice includes three appendices in the SUPPLEMENTARY INFORMATION section below. Appendix A presents the adopted changes to the SOC Classification Principles. Appendix B provides a preliminary crosswalk between the occupation codes in the 2000 SOC and the revised codes for the 2010 SOC. Appendix C provides a preliminary crosswalk between the revised codes for the 2010 SOC and the 2000 SOC. Appendices B and C show only new occupations and occupations where a change was made to a title or code. The complete 2010 SOC structure is available on the Bureau of Labor Statistics Web site at https://www.bls.gov/soc/home.htm. Electronic Availability: This document is available on the Internet from the Bureau of Labor Statistics at https://www.bls.gov/soc/home.htm. This Web page contains links to previous SOC Federal Register notices and related documents, as well as the full 2010 SOC structure. To obtain this notice via e-mail, please send a message requesting the OMB SOC final decisions Federal Register notice to soc@bls.gov. After publication of the manual, inquiries about the definitions for particular occupations or requests for electronic copies of the SOC structure that cannot be satisfied by use of the Web site should be addressed to Theresa Cosca, Standard Occupational Classification Policy Committee, U.S. Bureau of Labor Statistics, Room 2135, Washington, DC 20212; e-mail: soc@bls.gov; telephone number: (202) 691-6500; fax number: (202) 691-6444.

By virtue of the authority vested in the President by Section 2(a) of Pub. B. 87-603 (76 Stat. 593; 42 U.S.C. 2652), and delegated to the Director of the Office of Management and Budget by the President through Executive Order No. 11541 of July 1, 1970, the rates referenced below are hereby established. These rates are for use in connection with the recovery from tortiously liable third persons for the cost of inpatient medical services furnished by military treatment facilities through the Department of Defense (DoD). The rates have been established in accordance with the requirements of OMB Circular A-25, requiring reimbursement of the full cost of all services provided. The inpatient medical service rates referenced are effective upon publication of this notice in the Federal Register and will remain in effect until further notice. The outpatient medical, dental, and cosmetic surgery rates published on November 25, 2008 remain in effect until further notice. Pharmacy rates are updated periodically. A full disclosure of the rates is posted at the DoD's Uniform Business Office Web Site: https://www.tricare.mil/ocfo/_docs/ FY09%20Direct%20Care%20Inpatient%20Billing%20Rates%20Memo.pdf .

The Office of Management and Budget revised Circular A-94 in 1992. The revised Circular specified certain discount rates to be updated annually when the interest rate and inflation assumptions used to prepare the Budget of the United States Government were changed. These discount rates are found in Appendix C of the revised Circular. The updated discount rates are shown below. The discount rates in Appendix C are to be used for cost-effectiveness analysis, including lease-purchase analysis, as specified in the revised Circular. They do not apply to regulatory analysis.