AG Order No. 3737-2016, 61981-61982 [2016-21452]

Download as PDF 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and supplements parts of 2 CFR part 200 for the Department of Justice, and removed 28 CFR parts 66 and 70, which were superseded by 2 CFR part 200.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
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