AG Order No. 3737-2016, 61981-61982 [2016-21452]
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61981
Rules and Regulations
Federal Register
Vol. 81, No. 174
Thursday, September 8, 2016
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
substantive changes. The Department
has made minor technical changes to
make clear that where the Department’s
implementing rule incorporates by
reference other provisions of law, it
does so by general reference, which
incorporates future amendments to
those provisions.
Regulatory Analysis
Paperwork Reduction Act
DEPARTMENT OF JUSTICE
2 CFR Part 2800
28 CFR Parts 66 and 70
RIN 1121–AA81
AG Order No. 3737–2016
Federal Awarding Agency Regulatory
Implementation of Office of
Management and Budget’s Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards
Department of Justice.
ACTION: Final rule.
AGENCY:
The Department of Justice
finalizes its implementation of the
Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards
(Uniform Guidance) published by the
Office of Management and Budget
(OMB) on December 26, 2013.
DATES: This rule is effective September
8, 2016.
FOR FURTHER INFORMATION CONTACT:
Rafael A. Madan, General Counsel,
Office of Justice Programs, (202) 307–
0790.
SUMMARY:
This rule
makes technical corrections to, and
finalizes, the interim final rule that was
published by the Department of Justice
(Department) on December 19, 2014,
and that went into effect on December
26, 2014. See 79 FR 76081. The interim
final rule added 2 CFR part 2800, which
implements and supplements parts of 2
CFR part 200 for the Department of
Justice, and removed 28 CFR parts 66
and 70, which were superseded by 2
CFR part 200.
The Department of Justice received no
comments in response to its portion of
the interim final rule. Therefore, the
interim final rule is finalized with no
Lhorne on DSK30JT082PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
15:15 Sep 07, 2016
Jkt 238001
In accordance with the Paperwork
Reduction Act of 1995 (PRA), see 44
U.S.C. 3506, the Department of Justice
reviewed its final rule and determined
that there are no new collections of
information contained therein.
However, the OMB uniform guidance in
2 CFR part 200 may have a negligible
effect on burden estimates for existing
information collections, including
recordkeeping requirements for nonFederal entities that receive Federal
awards.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
requires an agency that is issuing a final
rule to provide a final regulatory
flexibility analysis or to certify that the
rule will not have a significant
economic impact on a substantial
number of small entities. See 5 U.S.C.
605(b). This rule finalizes the interim
final rule implementing for the
Department of Justice the OMB
guidance at 2 CFR part 200. The OMB
guidance consolidated and updated
several guidance documents codified
and published in various places into
one omnibus document. The
consolidation and updates are designed
to streamline the Federal grant process,
and should, as a whole, substantially
simplify the requirements and cost
principles applicable to many federally
funded entities. Thus, the rule will not
have a significant economic impact on
a substantial number of small entities.
Executive Orders 12866 and 13563—
Regulatory Review
This regulation has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ section 1(b), Principles of
Regulation, and in accordance with
Executive Order 13563, ‘‘Improving
Regulation and Regulatory Review,’’
section 1(b), General Principles of
Regulation.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
The Department of Justice has
determined that this rule is a not
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f), and
accordingly this rule has not been
reviewed by the Office of Management
and Budget.
Further, Executive Orders 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic effects,
environmental effects, public health and
safety effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. The
Department has assessed the costs and
benefits of this regulation and believes
that the regulatory approach selected
maximizes net benefits.
Administrative Procedure Act
The rule issued by the Department of
Justice concerns matters relating to
‘‘grants, benefits, or contracts,’’ 5 U.S.C.
553(a)(2), and therefore is exempt from
the requirement of prior notice and
comment. Thus, the Department, along
with other Federal grant-making
agencies, published an interim final rule
that was effective on December 26,
2014. The Department received no
comments on its interim final rule.
Generally, those agencies that are
subject to the Administrative Procedure
Act (APA) are required to delay the
effective date of their final regulations
by 30 days after publication. See 5
U.S.C. 553(d). The interim final rule
issued by the Department that went into
effect on December 26, 2014, concerned
matters relating to ‘‘grants, benefits, or
contracts,’’ 5 U.S.C. 553(a)(2), and
therefore was exempt from the
requirement of a 30-day delay in the
effective date. This rule finalizes, with
non-substantive technical changes, the
interim final rule that is already in
effect, and the final rule will take effect
upon publication in the Federal
Register.
Unfunded Mandates Reform Act of 1995
Determination
Section 202 of the Unfunded
Mandates Reform Act of 1995
(Unfunded Mandates Act), 2 U.S.C.
E:\FR\FM\08SER1.SGM
08SER1
61982
Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Rules and Regulations
1532, requires that covered agencies
prepare a budgetary impact statement
before promulgating a rule that includes
any Federal mandate that may 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. If a budgetary
impact statement is required, section
205 of the Unfunded Mandates Act, 2
U.S.C. 1535, also requires covered
agencies to identify and consider a
reasonable number of regulatory
alternatives before promulgating a rule.
OMB determined that the joint interimfinal rule would not result in
expenditures by State, local, and tribal
governments, or by the private sector, of
$100 million or more in any one year.
See 79 FR 75877. Thus, a budgetary
impact statement was not required for
the interim final rule, and is not
required here.
Executive Order 13132 Determination
The Department determined, as
required by Executive Order 13132,
‘‘Federalism’’, that the joint interim
final rule did not have any federalism
implications. This final rule similarly
has no federalism implications.
2. Section 2800.101 is revised to read
as follows:
■
§ 2800.101
Adoption of 2 CFR part 200.
Under the authority listed above, the
Department of Justice adopts the Office
of Management and Budget (OMB)
Guidance in 2 CFR part 200, except as
otherwise may be provided by this Part.
Unless expressly provided otherwise,
any reference in this part to any
provision of law not in this part shall be
understood to constitute a general
reference and thus to include any
subsequent changes to the provision.
Dated: August 31, 2016.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2016–21452 Filed 9–7–16; 8:45 am]
BILLING CODE 4410–18–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2011–BT–TP–0071]
RIN 1904–AC67
List of Subjects
2 CFR Part 2800
Accounting, Colleges and universities,
Grant programs, Hospitals, Indians,
Intergovernmental relations, Nonprofit
organizations, Reporting and
recordkeeping requirements.
28 CFR Part 66
Accounting, Administrative practice
and procedure, Reporting and
recordkeeping requirements.
Lhorne on DSK30JT082PROD with RULES
Authority: 5 U.S.C. 301; 28 U.S.C. 509; 28
U.S.C. 530C(a)(4); 42 U.S.C. 3789; 2 CFR part
200.
Energy Conservation Program: Test
Procedures for Integrated LightEmitting Diode Lamps; Correction
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule; correction.
AGENCY:
On July 1, 2016, the U.S.
Department of Energy (DOE) published
a final rule adopting a test procedure for
integrated light-emitting diode (LED)
28 CFR Part 70
lamps (hereafter referred to as ‘‘LED
lamps’’) to support the implementation
Accounting, Administrative practice
of labeling provisions by the Federal
and procedure, Reporting and
Trade Commission, as well as the
recordkeeping requirements.
ongoing general service lamps
Accordingly, the interim final rule
rulemaking, which includes LED lamps
published by the Department of Justice
(hereafter the ‘‘July 2016 final rule’’).
on December 19, 2014, adding 2 CFR
This correction addresses an error in the
part 2800, and removing 28 CFR parts
66 and 70, is adopted as a final rule with July 2016 final rule to add appendix BB
to 10 CFR 430.3(p)(5). Neither the error
the following changes:
nor the correction in this document
Title 2—Grants and Agreements
affect the substance of the test
procedure rulemaking or any of the
CHAPTER XXVIII—DEPARTMENT OF
conclusions reached in support of the
JUSTICE
final rule.
PART 2800—UNIFORM
DATES: Effective Date: September 8,
ADMINISTRATIVE REQUIREMENTS,
2016.
COST PRINCIPLES, AND AUDIT
FOR FURTHER INFORMATION CONTACT:
REQUIREMENTS FOR FEDERAL
Ms. Lucy deButts, U.S. Department of
AWARDS BY THE DEPARTMENT OF
Energy, Office of Energy Efficiency and
JUSTICE
Renewable Energy, Building
Technologies Program, EE–2J, 1000
■ 1. The authority citation for part 2800
Independence Avenue SW.,
continues to read as follows:
VerDate Sep<11>2014
15:15 Sep 07, 2016
Jkt 238001
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Washington, DC 20585–0121.
Telephone: (202) 287–1604. Email:
light_emitting_diodes@ee.doe.gov.
Ms. Celia Sher, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 287–6122. Email:
Celia.Sher@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE
published the July 2016 final rule in the
Federal Register on July 1, 2016, which
adopted the test procedures for LED
lamps in Appendix BB to support the
implementation of labeling provisions
by the Federal Trade Commission, as
well as the ongoing general service
lamps rulemaking, which includes LED
lamps. 81 FR 43403. The test procedure
for standby power adopted in the July
2016 final rule references the test
standard published by the International
Electrotechnical Commission (IEC),
titled ‘‘Household electrical
appliances—Measurement of standby
power,’’ IEC 62301 (Edition 2.0, 2011–
01). Therefore, to incorporate by
reference IEC 62301 for appendix BB,
DOE attempted to amend § 430.3 to add
appendix BB to the list of approved
appendices in existing paragraph (p)(5).
However, the amendatory instruction
was incorrectly written and appendix
BB was not added. This final rule
corrects § 430.3(p)(5) to include
appendix BB.
Procedural Issues and Regulatory
Review
The regulatory reviews conducted for
this rulemaking are those set forth in the
July 2016 final rule that originally
codified DOE’s adopted test procedures
for integrated LED lamps. The test
procedures in the July 2016 final rule
became effective August 1, 2016.
Pursuant to the Administrative
Procedure Act, 5 U.S.C. 553(b), DOE has
determined that notice and prior
opportunity for comment on this rule
are unnecessary and contrary to the
public interest. Neither the error nor the
correction in this document affect the
substance of the rulemaking or any of
the conclusions reached in support of
the final rule. For these reasons, DOE
has also determined that there is good
cause to waive the 30-day delay in
effective date.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Incorporation by reference,
Intergovernmental relations, Small
businesses.
E:\FR\FM\08SER1.SGM
08SER1
Agencies
[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Rules and Regulations]
[Pages 61981-61982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21452]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 /
Rules and Regulations
[[Page 61981]]
DEPARTMENT OF JUSTICE
2 CFR Part 2800
28 CFR Parts 66 and 70
RIN 1121-AA81
AG Order No. 3737-2016
Federal Awarding Agency Regulatory Implementation of Office of
Management and Budget's Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice finalizes its implementation of the
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (Uniform Guidance) published by the
Office of Management and Budget (OMB) on December 26, 2013.
DATES: This rule is effective September 8, 2016.
FOR FURTHER INFORMATION CONTACT: Rafael A. Madan, General Counsel,
Office of Justice Programs, (202) 307-0790.
SUPPLEMENTARY INFORMATION: This rule makes technical corrections to,
and finalizes, the interim final rule that was published by the
Department of Justice (Department) on December 19, 2014, and that went
into effect on December 26, 2014. See 79 FR 76081. The interim final
rule added 2 CFR part 2800, which implements and supplements parts of 2
CFR part 200 for the Department of Justice, and removed 28 CFR parts 66
and 70, which were superseded by 2 CFR part 200.
The Department of Justice received no comments in response to its
portion of the interim final rule. Therefore, the interim final rule is
finalized with no substantive changes. The Department has made minor
technical changes to make clear that where the Department's
implementing rule incorporates by reference other provisions of law, it
does so by general reference, which incorporates future amendments to
those provisions.
Regulatory Analysis
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (PRA), see
44 U.S.C. 3506, the Department of Justice reviewed its final rule and
determined that there are no new collections of information contained
therein. However, the OMB uniform guidance in 2 CFR part 200 may have a
negligible effect on burden estimates for existing information
collections, including recordkeeping requirements for non-Federal
entities that receive Federal awards.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires an agency that is
issuing a final rule to provide a final regulatory flexibility analysis
or to certify that the rule will not have a significant economic impact
on a substantial number of small entities. See 5 U.S.C. 605(b). This
rule finalizes the interim final rule implementing for the Department
of Justice the OMB guidance at 2 CFR part 200. The OMB guidance
consolidated and updated several guidance documents codified and
published in various places into one omnibus document. The
consolidation and updates are designed to streamline the Federal grant
process, and should, as a whole, substantially simplify the
requirements and cost principles applicable to many federally funded
entities. Thus, the rule will not have a significant economic impact on
a substantial number of small entities.
Executive Orders 12866 and 13563--Regulatory Review
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review,'' section
1(b), Principles of Regulation, and in accordance with Executive Order
13563, ``Improving Regulation and Regulatory Review,'' section 1(b),
General Principles of Regulation.
The Department of Justice has determined that this rule is a not
``significant regulatory action'' under Executive Order 12866, section
3(f), and accordingly this rule has not been reviewed by the Office of
Management and Budget.
Further, Executive Orders 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic effects, environmental
effects, public health and safety effects, distributive impacts, and
equity). Executive Order 13563 emphasizes the importance of quantifying
both costs and benefits, of reducing costs, of harmonizing rules, and
of promoting flexibility. The Department has assessed the costs and
benefits of this regulation and believes that the regulatory approach
selected maximizes net benefits.
Administrative Procedure Act
The rule issued by the Department of Justice concerns matters
relating to ``grants, benefits, or contracts,'' 5 U.S.C. 553(a)(2), and
therefore is exempt from the requirement of prior notice and comment.
Thus, the Department, along with other Federal grant-making agencies,
published an interim final rule that was effective on December 26,
2014. The Department received no comments on its interim final rule.
Generally, those agencies that are subject to the Administrative
Procedure Act (APA) are required to delay the effective date of their
final regulations by 30 days after publication. See 5 U.S.C. 553(d).
The interim final rule issued by the Department that went into effect
on December 26, 2014, concerned matters relating to ``grants, benefits,
or contracts,'' 5 U.S.C. 553(a)(2), and therefore was exempt from the
requirement of a 30-day delay in the effective date. This rule
finalizes, with non-substantive technical changes, the interim final
rule that is already in effect, and the final rule will take effect
upon publication in the Federal Register.
Unfunded Mandates Reform Act of 1995
Determination
Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded
Mandates Act), 2 U.S.C.
[[Page 61982]]
1532, requires that covered agencies prepare a budgetary impact
statement before promulgating a rule that includes any Federal mandate
that may 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. If a budgetary impact statement is
required, section 205 of the Unfunded Mandates Act, 2 U.S.C. 1535, also
requires covered agencies to identify and consider a reasonable number
of regulatory alternatives before promulgating a rule. OMB determined
that the joint interim-final rule would not result in expenditures by
State, local, and tribal governments, or by the private sector, of $100
million or more in any one year. See 79 FR 75877. Thus, a budgetary
impact statement was not required for the interim final rule, and is
not required here.
Executive Order 13132 Determination
The Department determined, as required by Executive Order 13132,
``Federalism'', that the joint interim final rule did not have any
federalism implications. This final rule similarly has no federalism
implications.
List of Subjects
2 CFR Part 2800
Accounting, Colleges and universities, Grant programs, Hospitals,
Indians, Intergovernmental relations, Nonprofit organizations,
Reporting and recordkeeping requirements.
28 CFR Part 66
Accounting, Administrative practice and procedure, Reporting and
recordkeeping requirements.
28 CFR Part 70
Accounting, Administrative practice and procedure, Reporting and
recordkeeping requirements.
Accordingly, the interim final rule published by the Department of
Justice on December 19, 2014, adding 2 CFR part 2800, and removing 28
CFR parts 66 and 70, is adopted as a final rule with the following
changes:
Title 2--Grants and Agreements
CHAPTER XXVIII--DEPARTMENT OF JUSTICE
PART 2800--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS BY THE DEPARTMENT OF
JUSTICE
0
1. The authority citation for part 2800 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509; 28 U.S.C. 530C(a)(4); 42
U.S.C. 3789; 2 CFR part 200.
0
2. Section 2800.101 is revised to read as follows:
Sec. 2800.101 Adoption of 2 CFR part 200.
Under the authority listed above, the Department of Justice adopts
the Office of Management and Budget (OMB) Guidance in 2 CFR part 200,
except as otherwise may be provided by this Part. Unless expressly
provided otherwise, any reference in this part to any provision of law
not in this part shall be understood to constitute a general reference
and thus to include any subsequent changes to the provision.
Dated: August 31, 2016.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2016-21452 Filed 9-7-16; 8:45 am]
BILLING CODE 4410-18-P