Grants and Cooperative Agreements to State and Local Governments: DOT Amendments on Regulations on Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, 61597-61599 [2011-25416]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Rules and Regulations
listed below. Compliance with the
tolerance levels specified below is to be
determined by measuring only
isopyrazam, 3-difluoromethyl-1-methyl1H-pyrazole-4-carboxylic acid (9isopropyl-1,2,3,4-tetrahydro-1,4methano-naphthalen-5-yl)-amide, in or
on the following commodity.
Commodity
Parts per
million
Banana1 ....................................
0.05
1 There
is no U.S. registration for use of
isopyrazam on banana.
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
[FR Doc. 2011–25707 Filed 10–4–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Parts 18 and 19
RIN 2105–AD60
Grants and Cooperative Agreements to
State and Local Governments: DOT
Amendments on Regulations on
Uniform Administrative Requirements
for Grants and Agreements With
Institutions of Higher Education,
Hospitals and Other Non-Profit
Organizations
Department of Transportation
(DOT), Office of the Secretary (OST).
ACTION: Final rule.
AGENCY:
The Department of
Transportation (DOT) is adopting a
public proposal on Grants and
Cooperative Agreements to State and
Local Governments; Grants and
Agreements with Institutions of Higher
Education, Hospitals and Other NonProfit Organizations. The rule amends
Department of Transportation
regulations on uniform administrative
requirements for grants and agreements
with Institutions of Higher Education,
Hospitals and other Non-profit
Organizations. Specifically, the DOT is
making requirements for these grants
and agreements consistent with the
uniform administrative requirements for
grants and cooperative agreements to
State and Local governments. In
addition, this rule updates references to
applicable cost principles for grants and
cooperative agreements with State and
Local Governments that appear in
jlentini on DSK4TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:50 Oct 04, 2011
Jkt 226001
current Department of Transportation
regulations.
DATES: This rule is effective November
4, 2011.
FOR FURTHER INFORMATION CONTACT:
Ellen Shields, Office of the Senior
Procurement Executive, Office of
Administration (M–61), (202) 366–
4268, 1200 New Jersey Avenue, SE.,
Washington, DC 20590–0001. Office
hours are from 7:45 a.m. to 4:15 p.m.
e.t., Monday through Friday, except
Federal holidays.
Background
Regulations governing two types of
U.S. Department of Transportation grant
and cooperative agreements recipients
are found in Parts 18 and 19 of Title 49
of the Code of Federal Regulations:
1. 49 CFR part 18: Uniform
Administrative Requirements for Grants
and Cooperative Agreements to State
and Local Governments.
2. 49 CFR part 19: Uniform
Administrative Requirements for Grants
and Agreements with Institutions of
Higher Education, Hospitals, and Other
Non-Profit Organizations.
Both of these parts contain a
provision that governs allowable costs.
However, 49 CFR 18.22 imposes specific
limitations on the use of grant funds
while 49 CFR 19.27 merely lists cost
principles applicable to each kind of
grant and agreement recipient.
Specifically, under 49 CFR 18.22(a),
grant funds may only be used for:
(1) The allowable costs of the
grantees, subgrantees and cost-type
contractors, including allowable costs in
the form of payments to fixed-price
contractors; and
(2) Reasonable fees or profit to costtype contractors but not any fee or profit
(or other increment above allowable
costs) to the grantee or subgrantee.
Public comments on this matter were
solicited in a Federal Register notice
dated May 2, 2008. Only one comment
was received, from Robert Taylor,
regarding the Office of Management and
Budget (OMB) cost principle circulars as
well as revisions prohibiting the
payment of profit or fee to grantees and
subgrantee covered by 49 CFR part 19.
This comment did not pertain to the
content of the proposed rule. Therefore,
we are adopting the proposed rule
without change.
This rule imposes the same limitation
on the use of funds used for Grants and
Agreements with Institutions of Higher
Education, Hospitals, and Other NonProfit Organizations as there are on the
use of funds used for Uniform
Administrative Requirements for Grants
and Cooperative Agreements to State
and Local Governments.
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
61597
In addition, this rule updates
references to applicable cost principles
for grants and cooperative agreements
with State and Local Governments that
appear in 49 CFR 18.22(b) and include
comparable updates references in 49
CFR 19.27(b). These updated references
are necessary in light of the
establishment of title 2 of the Code of
Federal Regulations in 2004. Subtitle A
of title 2 of the Code of Federal
Regulations consists of governmentwide guidance from the Office of
Management and Budget (OMB) to
Federal agencies for grants and other
financial assistance and
nonprocurement agreements that
previously had been contained in seven
separate OMB circulars and other OMB
policy documents. Currently, 49 CFR
18.22(b) references three specific OMB
circulars that are now codified in
several Parts in chapter II, subtitle A of
title 2 of the Code of Federal
Regulations. This rule amends 49 CFR
18.22(b) by replacing the citations to
these former OMB circulars with the
appropriate references in title 2 of the
Code of Federal Regulations and would
reflect these same changes in 49 CFR
19.27(b).
The rule also makes minor referencing
revisions to the Office of Management
and Budget (OMB) cost principle
circulars and, consistent with OMB
materials, revises prohibitions on
payment of profit or fee to grantees and
subgrantees covered by 49 CFR part 19.
The revised referencing is needed as the
OMB cost circulars have been published
in Title II of the Code of Federal
Regulations since August 2005.
However, these OMB circulars are only
published as guidance (see 2 CFR
1.105(a)). Also, the OMB circular
number has been retained in the title of
each circular, for example, 2 CFR part
225, Cost Principles for State and Local
Governments (OMB Circular A–87).
The title for the CFR part 19, which
includes the OMB Circular number in
the title, is included in the reference for
all three cost principles. In addition,
this makes the formatting of all titles in
49 CFR sections 18.22 and 18.27
consistent.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
The DOT has determined that this
document does not constitute a
significant rule within the meaning of
Executive Order 12866 or within the
meaning of Department of
Transportation regulatory policies and
procedures. DOT anticipates that the
E:\FR\FM\05OCR1.SGM
05OCR1
61598
Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Rules and Regulations
economic impact of this rule will be
minimal because the effect of the rule is
simply to make similar provisions
consistent with each other. These
changes do not adversely affect, in a
material way, any sector of the
economy. In addition, the change does
not interfere with any action taken or
planned by another agency and does not
materially alter the budgetary impact of
any entitlements, grants, user fees, or
loan programs. Consequently, a full
regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act (Pub. L. 96–354, 5 U.S.C.
60l–612) the Department has evaluated
the effects of this proposed action on
small entities. This ruledoes not have
any economic effects, let alone
significant effects, on anyone. This
rulemaking establishes the same
limitation on the use of funds for both
Grants and Agreements with Institutions
of Higher Education, Hospitals, and
Other Non-Profit Organizations and
Uniform Administrative Requirements
for Grants and Cooperative Agreements
to State and Local Governments. The
amendment does not change or limit the
potential eligibility of any small entity.
For these reasons, the DOT certifies that
this action would not have a significant
economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded
mandates as defined by the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4, March 22, 1995, 109 Stat. 48).
Indeed, it does not impose any
mandates. This rule will not result in
the expenditure by State, local, and
tribal governments, in the aggregate, or
by the private sector, of $100 million or
more in any one year (2 U.S.C. 1532).
Executive Order 13132 (Federalism
Assessment)
This rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132, and the DOT has determined that
this rule does not have sufficient
federalism implications to warrant the
preparation of a Federalism assessment.
The DOT has also determined that this
rule does not preempt any State law or
State regulation or affect the States’
ability to discharge traditional State
governmental functions.
Executive Order 12372
(Intergovernmental Review)
Catalog of Federal Domestic
Assistance Program Number [Insert
number], [Insert Program Name]. The
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities [apply/
do not apply] to this program.
Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501, et seq.),
Federal agencies must obtain approval
from the Office of Management and
Budget (OMB) for each collection of
information they conduct, sponsor, or
require through regulations. The DOT
has determined that this rule does not
For the costs of a
The agency has analyzed this rule for
the purpose of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321) and has determined that
this rule does not have any effect on the
quality of the environment.
List of Subjects in 49 CFR Parts 18 and
29
Administrative practice and
procedure, Grant programs, Allowable
costs, Cooperative agreements.
Issued this 21st day of September 2011, at
Washington, DC.
Ray LaHood,
Secretary of Transportation.
In consideration of the foregoing, the
DOT amends, title 49, Code of Federal
Regulations, Parts 18 and 19, as set forth
below:
PART 18—UNIFORM ADMINISTRATIVE
REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO
STATE AND LOCAL GOVERNMENTS
1. The authority citation for 49 CFR
part 18 continues to read as follows.
■
Authority: 49 U.S.C. 322(a).
2. In § 18.22, revise the table in
paragraph (b) to read as follows:
■
§ 18.22
*
Allowable costs.
*
*
(b) * * *
*
*
2 CFR part 225.
2 CFR part 230.
PART 19—UNIFORM ADMINISTRATIVE
REQUIREMENTS FOR GRANTS AND
AGREEMENTS WITH INSTITUTIONS
OF HIGHER EDUCATION, HOSPITALS,
AND OTHER NON-PROFIT
ORGANIZATIONS
3. The authority citation for 49 CFR
part 19 continues to read as follows:
■
jlentini on DSK4TPTVN1PROD with RULES
National Environmental Policy Act
Use the principles in—
State, local or federal-recognized Indian tribal government ....................
Private nonprofit organization other than an (1) Institution of higher
education, (2) hospital, or (3) organization named in 2 CFR part 230,
Appendix C, as not subject to that part.
Institutions of Higher Education ...............................................................
For-profit organizations other than a hospital, commercial organization
or a non-profit organization listed in 2 CFR part 230, Appendix C, as
not subject to that part.
contain collection of information
requirements for the purposes of the
PRA.
Authority: 49 U.S.C. 322(a).
■
4. Revise § 19.27 to read as follows:
VerDate Mar<15>2010
16:50 Oct 04, 2011
Jkt 226001
§ 19.27
2 CFR part 220.
48 CFR part 31. Contract Cost Principles and Procedures, or uniform
cost accounting standards that comply with cost principles acceptable to the Federal agency.
Allowable Costs.
(a) Limitation on use of funds. Grant
funds may be used only for:
(1) The allowable costs of the
grantees, subgrantees and cost-type
contractors, including allowable costs in
the form of payments to fixed-price
contractors; and
(2) Reasonable fees or profit to costtype contractors but not any fee or profit
(or other increment above allowable
costs) to the grantee or subgrantee.
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
(b) Applicable cost principles. For
each kind of recipient, there is a set of
Federal principles for determining
allowable costs. Allowability of costs
shall be determined according to the
cost principles applicable to the entity
organization incurring the costs. The
following chart lists the kinds of
organization and the applicable cost
principles:
E:\FR\FM\05OCR1.SGM
05OCR1
Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Rules and Regulations
For the costs of a
Use the principles in—
State, local or federal-recognized Indian tribal government ....................
Private nonprofit organization other than an (1) Institution of higher
education, (2) hospital, or (3) organization named in 2 CFR part 230,
Appendix C, as not subject to that circular.
Institutions of Higher Education ...............................................................
Hospitals ...................................................................................................
2 CFR part 225.
2 CFR part 230.
For-profit organizations other than a hospital, commercial organization
or a non-profit organization listed in 2 CFR part 230, Appendix C, as
not subject to that part.
[FR Doc. 2011–25416 Filed 10–4–11; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R1–ES–2008–0079; 92210–1117–
0000–FY08–B4]
RIN 1018–AW84
Endangered and Threatened Wildlife
and Plants; Revised Critical Habitat for
the Marbled Murrelet
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are revising
designated critical habitat for marbled
murrelet (Brachyramphus marmoratus
marmoratus) pursuant to the
Endangered Species Act of 1973, as
amended (Act). On May 24, 1996, we
designated 3,887,800 ac (ac) (1,573,340
hectares (ha)) as critical habitat for the
marbled murrelet in Washington,
Oregon, and California. We are revising
the designated critical habitat for the
marbled murrelet by removing
approximately 189,671 ac (76,757 ha) in
northern California and southern
Oregon from the 1996 designation,
based on new information indicating
that these areas do not meet the
definition of critical habitat. The areas
being removed from the 1996
designation in northern California are
within Inland Zone 2, where we have no
historical or current survey records
documenting marbled murrelet
presence. Intensive surveys in southern
Oregon indicate the inland distribution
of the marbled murrelet is strongly
associated with the hemlock/tanoak
habitat zone, rather than distance from
the coast. Accordingly, the areas being
removed in southern Oregon are limited
to those areas not associated with the
hemlock/tanoak zone. The areas being
SUMMARY:
jlentini on DSK4TPTVN1PROD with RULES
61599
VerDate Mar<15>2010
16:50 Oct 04, 2011
Jkt 226001
2 CFR part 220.
45 CFR part 74, Appendix E, ‘‘Principles for Determining Costs Applicable to Research and Development under Grants and Contracts
with Hospitals.’’
48 CFR part 31. Contract Cost Principles and Procedures, or uniform
cost accounting standards that comply with cost principles acceptable to the Federal agency.
removed are not considered essential for
the conservation of the species.
Approximately 3,698,100 ac (1,497,000
ha) of critical habitat is now designated
for the marbled murrelet. In this rule,
we are also finalizing the taxonomic
revision of the scientific name of the
marbled murrelet from Brachyramphus
marmoratus marmoratus to
Brachyramphus marmoratus.
DATES: This rule becomes effective on
November 4, 2011.
ADDRESSES: The final rule and map of
critical habitat will be available on the
Internet at https://www.regulations.gov
and https://www.fws.gov/wafwo/.
Comments and materials received, as
well as supporting documentation used
in the preparation of this final rule, are
available at https://www.regulations.gov
or for public inspection, by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Washington Fish and Wildlife
Office, 510 Desmond Drive SE, Suite
102, Lacey, WA 98503–1273, telephone
360–753–9440, facsimile 360–753–9008.
FOR FURTHER INFORMATION CONTACT: Ken
Berg, Field Supervisor, U.S. Fish and
Wildlife Service, at the above address,
(telephone 360–753–9440, facsimile
360–753–9008); Paul Henson, Field
Supervisor, U.S. Fish and Wildlife
Service, Oregon Fish and Wildlife
Office, 2600 SE 98th Avenue, Suite 100,
Portland, OR 97266, telephone 503–
231–6179, facsimile 503–231–6195; or
Nancy Finley, Field Supervisor, U.S.
Fish and Wildlife Service, Arcata Fish
and Wildlife Office, 1655 Heindon
Road, Arcata, CA 95521, telephone 707–
822–7201, facsimile 707–822–8411. If
you use a telecommunications device
for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
A final rule designating critical
habitat for the marbled murrelet was
published in the Federal Register on
May 24, 1996 (61 FR 26256), and is
available under the ‘‘Supporting
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
Documents’’ section for this docket in
the Federal eRulemaking Portal: https://
www.regulations.gov at Docket Number
FWS–R1–ES–2008–0079. It is our intent
to discuss only those topics directly
relevant to the revised designation of
critical habitat for the marbled murrelet
in this final rule.
Species Description, Life History,
Distribution, Ecology, and Habitat
The marbled murrelet is a small
seabird of the Alcidae family. The
marbled murrelet’s breeding range
extends from Bristol Bay, Alaska, south
to the Aleutian Archipelago; northeast
to Cook Inlet, Kodiak Island, Kenai
Peninsula, and Prince William Sound;
south along the coast through the
Alexander Archipelago of Alaska,
British Columbia, Washington, and
Oregon; to northern Monterey Bay in
central California. Birds winter
throughout the breeding range and
occur in small numbers off southern
California. Marbled murrelets spend
most of their lives in the marine
environment where they forage in nearshore areas and consume a diversity of
prey species, including small fish and
invertebrates. In their terrestrial
environment, the presence of platforms
(large branches or deformities) used for
nesting in trees is the most important
characteristic of their nesting habitat.
Marbled murrelet habitat use during the
breeding season is positively associated
with the presence and abundance of
mature and old-growth forests, large
core areas of old-growth, low amounts
of edge habitat, reduced habitat
fragmentation, proximity to the marine
environment, and forests that are
increasing in stand age and height.
Taxonomy
Two subspecies of the marbled
murrelet were previously recognized,
the North American murrelet
(Brachyramphus marmoratus
marmoratus) and the Asiatic murrelet
(B. marmoratus perdix). New published
information suggests that the Asiatic
murrelet is a distinct species (Friesen et
E:\FR\FM\05OCR1.SGM
05OCR1
]]>Agencies
[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Rules and Regulations]
[Pages 61597-61599]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25416]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Parts 18 and 19
RIN 2105-AD60
Grants and Cooperative Agreements to State and Local Governments:
DOT Amendments on Regulations on Uniform Administrative Requirements
for Grants and Agreements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations
AGENCY: Department of Transportation (DOT), Office of the Secretary
(OST).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Transportation (DOT) is adopting a public
proposal on Grants and Cooperative Agreements to State and Local
Governments; Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non-Profit Organizations. The rule
amends Department of Transportation regulations on uniform
administrative requirements for grants and agreements with Institutions
of Higher Education, Hospitals and other Non-profit Organizations.
Specifically, the DOT is making requirements for these grants and
agreements consistent with the uniform administrative requirements for
grants and cooperative agreements to State and Local governments. In
addition, this rule updates references to applicable cost principles
for grants and cooperative agreements with State and Local Governments
that appear in current Department of Transportation regulations.
DATES: This rule is effective November 4, 2011.
FOR FURTHER INFORMATION CONTACT: Ellen Shields, Office of the Senior
Procurement Executive, Office of Administration (M-61), (202) 366-
4268, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Office
hours are from 7:45 a.m. to 4:15 p.m. e.t., Monday through Friday,
except Federal holidays.
Background
Regulations governing two types of U.S. Department of
Transportation grant and cooperative agreements recipients are found in
Parts 18 and 19 of Title 49 of the Code of Federal Regulations:
1. 49 CFR part 18: Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments.
2. 49 CFR part 19: Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and
Other Non-Profit Organizations.
Both of these parts contain a provision that governs allowable
costs. However, 49 CFR 18.22 imposes specific limitations on the use of
grant funds while 49 CFR 19.27 merely lists cost principles applicable
to each kind of grant and agreement recipient. Specifically, under 49
CFR 18.22(a), grant funds may only be used for:
(1) The allowable costs of the grantees, subgrantees and cost-type
contractors, including allowable costs in the form of payments to
fixed-price contractors; and
(2) Reasonable fees or profit to cost-type contractors but not any
fee or profit (or other increment above allowable costs) to the grantee
or subgrantee.
Public comments on this matter were solicited in a Federal Register
notice dated May 2, 2008. Only one comment was received, from Robert
Taylor, regarding the Office of Management and Budget (OMB) cost
principle circulars as well as revisions prohibiting the payment of
profit or fee to grantees and subgrantee covered by 49 CFR part 19.
This comment did not pertain to the content of the proposed rule.
Therefore, we are adopting the proposed rule without change.
This rule imposes the same limitation on the use of funds used for
Grants and Agreements with Institutions of Higher Education, Hospitals,
and Other Non-Profit Organizations as there are on the use of funds
used for Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
In addition, this rule updates references to applicable cost
principles for grants and cooperative agreements with State and Local
Governments that appear in 49 CFR 18.22(b) and include comparable
updates references in 49 CFR 19.27(b). These updated references are
necessary in light of the establishment of title 2 of the Code of
Federal Regulations in 2004. Subtitle A of title 2 of the Code of
Federal Regulations consists of government-wide guidance from the
Office of Management and Budget (OMB) to Federal agencies for grants
and other financial assistance and nonprocurement agreements that
previously had been contained in seven separate OMB circulars and other
OMB policy documents. Currently, 49 CFR 18.22(b) references three
specific OMB circulars that are now codified in several Parts in
chapter II, subtitle A of title 2 of the Code of Federal Regulations.
This rule amends 49 CFR 18.22(b) by replacing the citations to these
former OMB circulars with the appropriate references in title 2 of the
Code of Federal Regulations and would reflect these same changes in 49
CFR 19.27(b).
The rule also makes minor referencing revisions to the Office of
Management and Budget (OMB) cost principle circulars and, consistent
with OMB materials, revises prohibitions on payment of profit or fee to
grantees and subgrantees covered by 49 CFR part 19. The revised
referencing is needed as the OMB cost circulars have been published in
Title II of the Code of Federal Regulations since August 2005. However,
these OMB circulars are only published as guidance (see 2 CFR
1.105(a)). Also, the OMB circular number has been retained in the title
of each circular, for example, 2 CFR part 225, Cost Principles for
State and Local Governments (OMB Circular A-87).
The title for the CFR part 19, which includes the OMB Circular
number in the title, is included in the reference for all three cost
principles. In addition, this makes the formatting of all titles in 49
CFR sections 18.22 and 18.27 consistent.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The DOT has determined that this document does not constitute a
significant rule within the meaning of Executive Order 12866 or within
the meaning of Department of Transportation regulatory policies and
procedures. DOT anticipates that the
[[Page 61598]]
economic impact of this rule will be minimal because the effect of the
rule is simply to make similar provisions consistent with each other.
These changes do not adversely affect, in a material way, any sector of
the economy. In addition, the change does not interfere with any action
taken or planned by another agency and does not materially alter the
budgetary impact of any entitlements, grants, user fees, or loan
programs. Consequently, a full regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 60l-612) the Department has evaluated the effects of this
proposed action on small entities. This ruledoes not have any economic
effects, let alone significant effects, on anyone. This rulemaking
establishes the same limitation on the use of funds for both Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other
Non-Profit Organizations and Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments. The
amendment does not change or limit the potential eligibility of any
small entity. For these reasons, the DOT certifies that this action
would not have a significant economic impact on a substantial number of
small entities.
Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22, 1995,
109 Stat. 48). Indeed, it does not impose any mandates. This rule will
not result in the expenditure by State, local, and tribal governments,
in the aggregate, or by the private sector, of $100 million or more in
any one year (2 U.S.C. 1532).
Executive Order 13132 (Federalism Assessment)
This rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132, and the DOT has determined
that this rule does not have sufficient federalism implications to
warrant the preparation of a Federalism assessment. The DOT has also
determined that this rule does not preempt any State law or State
regulation or affect the States' ability to discharge traditional State
governmental functions.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number [Insert
number], [Insert Program Name]. The regulations implementing Executive
Order 12372 regarding intergovernmental consultation on Federal
programs and activities [apply/do not apply] to this program.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. The DOT has
determined that this rule does not contain collection of information
requirements for the purposes of the PRA.
National Environmental Policy Act
The agency has analyzed this rule for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321) and has determined
that this rule does not have any effect on the quality of the
environment.
List of Subjects in 49 CFR Parts 18 and 29
Administrative practice and procedure, Grant programs, Allowable
costs, Cooperative agreements.
Issued this 21st day of September 2011, at Washington, DC.
Ray LaHood,
Secretary of Transportation.
In consideration of the foregoing, the DOT amends, title 49, Code
of Federal Regulations, Parts 18 and 19, as set forth below:
PART 18--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
0
1. The authority citation for 49 CFR part 18 continues to read as
follows.
Authority: 49 U.S.C. 322(a).
0
2. In Sec. 18.22, revise the table in paragraph (b) to read as
follows:
Sec. 18.22 Allowable costs.
* * * * *
(b) * * *
------------------------------------------------------------------------
For the costs of a Use the principles in--
------------------------------------------------------------------------
State, local or federal-recognized 2 CFR part 225.
Indian tribal government.
Private nonprofit organization other 2 CFR part 230.
than an (1) Institution of higher
education, (2) hospital, or (3)
organization named in 2 CFR part 230,
Appendix C, as not subject to that
part.
Institutions of Higher Education....... 2 CFR part 220.
For-profit organizations other than a 48 CFR part 31. Contract Cost
hospital, commercial organization or a Principles and Procedures, or
non-profit organization listed in 2 uniform cost accounting
CFR part 230, Appendix C, as not standards that comply with
subject to that part. cost principles acceptable to
the Federal agency.
------------------------------------------------------------------------
PART 19--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND
OTHER NON-PROFIT ORGANIZATIONS
0
3. The authority citation for 49 CFR part 19 continues to read as
follows:
Authority: 49 U.S.C. 322(a).
0
4. Revise Sec. 19.27 to read as follows:
Sec. 19.27 Allowable Costs.
(a) Limitation on use of funds. Grant funds may be used only for:
(1) The allowable costs of the grantees, subgrantees and cost-type
contractors, including allowable costs in the form of payments to
fixed-price contractors; and
(2) Reasonable fees or profit to cost-type contractors but not any
fee or profit (or other increment above allowable costs) to the grantee
or subgrantee.
(b) Applicable cost principles. For each kind of recipient, there
is a set of Federal principles for determining allowable costs.
Allowability of costs shall be determined according to the cost
principles applicable to the entity organization incurring the costs.
The following chart lists the kinds of organization and the applicable
cost principles:
[[Page 61599]]
------------------------------------------------------------------------
For the costs of a Use the principles in--
------------------------------------------------------------------------
State, local or federal-recognized 2 CFR part 225.
Indian tribal government.
Private nonprofit organization other 2 CFR part 230.
than an (1) Institution of higher
education, (2) hospital, or (3)
organization named in 2 CFR part 230,
Appendix C, as not subject to that
circular.
Institutions of Higher Education....... 2 CFR part 220.
Hospitals.............................. 45 CFR part 74, Appendix E,
``Principles for Determining
Costs Applicable to Research
and Development under Grants
and Contracts with
Hospitals.''
For-profit organizations other than a 48 CFR part 31. Contract Cost
hospital, commercial organization or a Principles and Procedures, or
non-profit organization listed in 2 uniform cost accounting
CFR part 230, Appendix C, as not standards that comply with
subject to that part. cost principles acceptable to
the Federal agency.
------------------------------------------------------------------------
[FR Doc. 2011-25416 Filed 10-4-11; 8:45 am]
BILLING CODE 4910-9X-P
