[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Rules and Regulations]
[Page 58354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21980]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 19

[Docket No. OST--2004-18517]
RIN 2105-AC83


Uniform Administrative Requirements for Grants and Agreements 
With Institutions of Higher Education, Hospitals, and Other Non-Profit 
Institutions

AGENCY: Office of the Secretary (OST), DOT.

ACTION: Final rule.

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SUMMARY: The U.S. Department of Transportation (DOT) is issuing a final 
rule on the changes to OMB Circular A-110, ``Uniform Administrative 
Requirements for Grants and Agreements with Institutions of Higher 
Education, Hospitals, and Other Non-Profit Institutions,'' which OMB 
published as agency guidance in the Federal Register on March 16, 2000, 
in Volume 65, Number 52, page 144051, and DOT codified as an interim 
final rule in the same document.

DATES: Effective Date: This rule is effective November 1, 2004.

FOR FURTHER INFORMATION CONTACT: Ladd Hakes, Business Policy Division, 
M-61, Office of the Senior Procurement Executive, Office of the 
Secretary, (202) 366-4268.

SUPPLEMENTARY INFORMATION: Congress included a two-sentence provision 
in the Office of Management and Budget's (OMB) appropriation for fiscal 
year 1999 directing OMB to amend Section --.36 of OMB Circular A-110 to 
``require Federal awarding agencies to ensure that all data produced 
under an award will be made available to the public through the 
procedures established under the Freedom of Information Act.'' The 
provision also provided for a reasonable fee to cover the costs 
incurred in responding to a request. OMB Circular A-110 applies to 
grants and cooperative agreements to institutions of higher education, 
hospitals, and other non-profit institutions, from all Federal 
agencies.
    OMB finalized the revision on September 30, 1999 (64 FR 54926, 
October 8, 1999). OMB published guidance to Federal agencies for 
adopting the revisions (65 FR 14405) on March 16, 2000, as an interim 
final rule. DOT adopted the guidance as an interim final rule in the 
same document. DOT now adopts the revisions as a final rule.
    DOT did not receive any comments on the interim final rule. 
Consequently, the Department is adopting the interim final rule without 
change.

Regulatory Analyses and Notices

    This is a significant regulatory action under Executive Order 12866 
and the Department of Transportation's Regulatory Policies and 
Procedures, because it adopts as a final rule an earlier regulatory 
action which had been listed as significant.
    The Regulatory Flexibility Act requires that, for each rule with a 
``significant economic impact on a substantial number of small 
entities,'' an analysis must be prepared describing the rule's impact 
on small entities and identifying any significant alternatives to the 
rule that would minimize the economic impact on small entities. DOT 
certifies that this final rule will not have a significant impact on a 
substantial number of small entities. This rule concerns the 
information that Federally-funded researchers must provide in response 
to Freedom of Information Act requests.
    The Unfunded Mandates Act requires agencies to prepare several 
analytic statements before proposing any rule that may result in annual 
expenditures of $100 million by State, local, Indian Tribal governments 
or the private sector. Since this final rule will not result in 
expenditures of this magnitude, DOT certifies that such statements are 
not necessary. This final rule will not impose additional reporting or 
recordkeeping requirements subject to the Paperwork Reduction Act.

    Issued this 8th day of September, 2004, at Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.

0
For the reasons stated in the preamble, the Department of 
Transportation adopts as a final rule that which was published as an 
interim final rule in the March 16, 2000, Federal Register (65 FR 
14405).

[FR Doc. 04-21980 Filed 9-29-04; 8:45 am]
BILLING CODE 4910-62-P