Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 44273 

December 18, 2008, and discussed these 

issues in detail. Those meetings were 

also public meetings and both large and 

small entities were able to participate 

and express their views. 

An interim final rule concerning this 

action was published in the Federal 

Register on March 9, 2009. Copies of the 

rule were mailed by the Committee’s 

staff to all Committee members and 

alternates, and raisin handlers. In 

addition, the rule was made available 

through the Internet by USDA and the 

Office of the Federal Register. That rule 

provided a 60-day comment period 

which ended May 8, 2009. No 

comments were received during the 

comment period. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jay Guerber at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation and other 

information, it is found that finalizing 

the interim final rule, without change, 

as published in the Federal Register (74 

FR 9951, March 9, 2009) will tend to 

effectuate the declared policy of the Act. 

List of Subjects in 7 CFR Part 989 

Grapes, Marketing agreements, 

Raisins, Reporting and recordkeeping 

requirements. 

PART 989—RAISINS PRODUCED 

FROM GRAPES GROWN IN 

CALIFORNIA 

■ Accordingly, the interim final rule 

amending 7 CFR part 989 which was 

published at 74 FR 9951 on March 9, 

2009, is adopted as a final rule without 

change. 

Dated: August 24, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–20766 Filed 8–27–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 600 and 1024 

RIN 1991–AB77 

Assistance Regulations 

AGENCY: Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) amends its Financial Assistance 

Regulations to update, streamline, and 

simplify the general rules. DOE also 

removes regulations governing the DOE 

Financial Assistance Appeals Board. 

DATES: This rulemaking is effective 

September 28, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jacqueline Kniskern, Office of 

Procurement and Assistance Policy, 

U.S. Department of Energy, at 202–287– 

1342, or by e-mail at 

jacqueline.kniskern@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Procedural Requirements 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act of 1980 

C. Review Under the Paperwork Reduction 

Act of 1980 

D. Review Under the National 

Environmental Policy Act 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under the Treasury and General 

Government Appropriations Act, 2001 

J. Review Under Executive Order 13211 

K. Approval by the Office of the Secretary 

of Energy 

I. Background 

DOE has been actively engaged in the 

government-wide effort to streamline 

and simplify the application, 

administrative and reporting procedures 

for Federal financial assistance 

programs pursuant to the Federal 

Financial Assistance Management 

Improvement Act of 1999, Public Law 

106–107. 

As part of this initiative, DOE has 

solicited comments and suggestions 

from the grant community and made 

changes to its assistance regulations. In 

particular, the DOE added to 10 CFR 

part 600 Subpart D, Administrative 

Requirements for Grants and 

Cooperative Agreements with For-Profit 

Organizations, in a rule published in the 

Federal Register at 68 FR 50645 on 

August 21, 2003. 

DOE has also incorporated policy 

directives issued by the Office of 

Management and Budget (OMB) that 

established a standard format for 

Federal agency announcements of 

funding opportunities under programs 

that award discretionary grants or 

cooperative agreements, established 

standard data elements for 

electronically posting synopses of 

Federal agencies’ announcements of 

funding opportunities, and required 

Federal agencies to post synopses of 

their discretionary grant and 

cooperative agreement funding 

opportunity announcements on the 

Grants.gov Web site, http:// 

www.Grants.gov. The final rule 

incorporating these policy directives 

was published in the Federal Register at 

69 FR 7865 on February 20, 2004. In 

addition, DOE developed a standard 

format for its funding opportunity 

announcements and revised systems to 

comply with the new posting 

requirements. 

On May 16, 2008, a Notice of 

Proposed Rulemaking (NOPR) was 

published in the Federal Register (73 

FR 28385) that detailed changes to 

update, streamline and simplify the 

general rules in 10 CFR 600, Subpart A 

of its Financial Assistance Rules. The 

NOPR also proposed to remove the 

regulations at 10 CFR part 1024 

governing the DOE Financial Assistance 

Appeals Board. This Board was 

abolished when DOE’s Energy Board of 

Contract Appeals was merged into the 

Civilian Board of Contract Appeals as 

required by Section 847 of the National 

Defense Authorization Act for Fiscal 

Year 2006, Public Law 109–163. 

DOE received no comments from 

members of the public in response to 

the NOPR. Nevertheless, DOE made the 

following technical changes to the text 

of the rule. 

1. Section 600.5(d) is revised to add 

a reference to Section 600.352 after 

600.162 and 600.243. 

2. Section 600.7(c) is revised to show 

the referenced Sections to be 600.144, 

60.236 and 600.331. 

3. Section 600.25(a)(2) is revised to 

correct the modifying ‘‘An’’ to ‘‘A’’. 

II. Procedural Requirements 

A. Review Under Executive Order 12866 

This regulatory action has been 

determined not to be ‘‘a significant 

regulatory action’’ under Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ (58 FR 51735, October 4, 

1993). Accordingly, this action is not 

subject to review under that Executive 

Order by the Office of Information and 

Regulatory Affairs (OIRA) of the Office 

of Management and Budget (OMB). 

B. Review Under Regulatory Flexibility 

Act of 1980 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 


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economic impact on a substantial 

number of small entities. As required by 

Executive Order 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking’’ (67 FR 53461, 

August 16, 2002), DOE published 

policies and procedures to ensure that 

the potential impacts of its draft rules 

on small entities are properly 

considered during the rulemaking 

process (68 FR 7990, February 19, 2003), 

and has made them available on the 

Office of General Counsel’s Web site: 

http://www.gc.doe.gov. DOE has 

reviewed today’s rule under the 

provisions of the Regulatory Flexibility 

Act and the procedures and policies 

published on February 19, 2003. 

Today’s final rule subjects small entities 

either to requirements that parallel 

government-wide requirements that 

OMB Circular A–110 establishes for 

other assistance awards, or to less 

burdensome requirements that enable 

firms from the commercial marketplace 

to participate in DOE research, 

development, and demonstration 

projects. Today’s proposed amendments 

would not alter the substance of the 

OMB requirements or impose significant 

additional burdens. On the basis of the 

foregoing, DOE certifies that this rule 

does not have a significant economic 

impact on a substantial number of small 

entities. DOE did not prepare a 

regulatory flexibility analysis for this 

rulemaking. 

C. Review Under the Paperwork 

Reduction Act of 1995 

This regulatory action will not impose 

any additional reporting or 

recordkeeping requirements subject to 

approval under the Paperwork 

Reduction Act. 

D. Review Under the National 

Environmental Policy Act 

DOE has concluded that promulgation 

of this rule falls into a class of actions 

that would not individually or 

cumulatively have a significant impact 

on the human environment, as 

determined by DOE’s regulations 

implementing the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). Specifically, this 

rule establishes guidelines and 

procedures for application and review, 

administration, audit and closeout of 

assistance instruments, and, therefore, is 

covered under the Categorical Exclusion 

in paragraph A6 of Appendix A to 

Subpart D, 10 CFR Part 1021. 

Accordingly, neither an environmental 

assessment nor an environmental 

impact statement is required. 

E. Review Under Executive Order 13132 

Executive Order 13132, 64 FR 43255 

(August 4, 1999), imposes certain 

requirements on agencies formulating 

and implementing policies or 

regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. DOE has examined 

today’s rule and has determined that it 

does not preempt state law and does not 

have a substantial direct effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. No further action 

is required by Executive Order 13132. 

F. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729, (February 7, 

1996), imposes on executive agencies 

the general duty to adhere to the 

following requirements: (1) Eliminate 

drafting errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that executive agencies make 

every reasonable effort to ensure that the 

regulation: (1) Clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the United States 

Attorney General. Section 3(c) of 

Executive Order 12988 requires 

executive agencies to review regulations 

in light of applicable standards in 

sections 3(a) and 3(b) to determine 

whether they are met or if it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this rule meets 

the relevant standards of Executive 

Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4) generally 

requires Federal agencies to examine 

closely the impacts of regulatory actions 

on State, local, tribal governments. 

Subsection 101(5) of title I of that law 

defines a Federal intergovernmental 

mandate to include a regulation that 

would impose upon State, local, or 

tribal governments an enforceable duty, 

except a condition of Federal assistance 

or a duty arising from participating in a 

voluntary Federal program. Title II of 

that law requires each Federal agency to 

assess the effects of Federal regulatory 

actions on State, local, and tribal 

governments, in the aggregate, or the 

private sector, other than to the extent 

such actions merely incorporate 

requirements specifically set forth in a 

statute. Section 202 of the title requires 

a Federal agency to perform a detailed 

assessment of the anticipated costs and 

benefits of any rule that includes a 

Federal mandate which may result in 

costs to State, local, or tribal 

governments, or the private sector, of 

$100 million or more in any one year 

(adjusted annually for inflation). 2 

U.S.C. 1532(a) and (b). Section 204 of 

that title requires each agency that 

proposed a rule containing a significant 

Federal intergovernmental mandate to 

develop an effective process for 

obtaining meaningful and timely input 

from elected officers of State, local, and 

tribal governments. 2 U.S.C. 1534. 

This rule amends the assistance 

regulations to streamline and simplify 

procedures for soliciting, awarding, and 

administering financial assistance 

agreements. The rule does not result in 

the expenditure by State, local, and 

tribal governments, in aggregate, or by 

the private sector of $100 million or 

more in any one year. Accordingly, no 

assessment or analysis is required under 

the Unfunded Mandates Reform Act of 

1995. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any 

proposed rule or policy that may affect 

family well-being. This rule will not 

have any impact on the autonomy or 

integrity of the family as an institution. 

Accordingly, DOE has concluded that it 

is not necessary to prepare a Family 

Policy Assessment. 


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I. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001, 

44 U.S.C. 3516 note, provides for 

agencies to review most disseminations 

of information to the public under 

implementing guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (February 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (October 7, 2002). DOE has 

reviewed today’s rule under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

J. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to the OMB a 

Statement of Energy Effects for any 

proposed significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgated or is expected to lead to 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy; or 

(3) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

This regulatory action would not have 

a significant adverse effect on the 

supply, distribution, or use of energy 

and is therefore not a significant energy 

action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

K. Approval by the Office of the 

Secretary of Energy 

The Office of the Secretary has 

approved the issuance of this final rule. 

List of Subjects in 10 CFR Parts 600 and 

1024 

Administrative practice and 

procedure, Assistance programs. 

Issued in Washington, DC, on August 18, 

2009. 

Edward R. Simpson, 

Director, Office of Procurement and Supply 

Management, Office of Management, 

Department of Energy. 

Barbara H. Stearrett, 

Acting Director, Office of Acquisition and 

Assistance Management, National Nuclear 

Security Administration. 

■ For the reasons set out in the 

preamble, Part 600 of Chapter II, and 

Part 1024 of Chapter X, Title 10 of the 

Code of Federal Regulations, are 

amended as follows: 

PART 600—FINANCIAL ASSISTANCE 

RULES 

■ 1. The authority citation for part 600 

continues to read as follows: 

Authority: 42 U.S.C. 7101 et seq.; 31 U.S.C. 

6301–6308; 50 U.S.C. 2401 et seq., unless 

otherwise noted. 

§ 600.2 [Amended] 

■ 2. Section 600.2 is amended in 

paragraph (a) by removing 

‘‘solicitations’’ and adding ‘‘funding 

opportunity announcement’’ in its 

place. 

■ 3. Section 600.3 is amended in the 

definition of ‘‘Amendment’’ by 

capitalizing ‘‘Contracting Officer’’, and 

by adding new definitions in 

alphabetical order for ‘‘Cost sharing or 

matching’’ and ‘‘Total Project Cost’’ to 

read as follows: 

§ 600.3 Definitions. 

* * * * * 

Cost sharing or matching means that 

portion of project or programs costs not 

borne by the Federal Government. 

* * * * * 

Total Project Cost means all allowable 

costs, as set forth in the applicable 

Federal cost principles, incurred in 

accomplishing the objective of the 

project during the project period, 

including the value of contributions 

made by third parties and costs incurred 

by Federally Funded Research and 

Development Centers. 

■ 4. Section 600.4 paragraph (a)(1) is 

amended by revising the second 

sentence to read as follows: 

§ 600.4 Deviations. 

(a) General. (1) * * * The use of 

optional or discretionary provisions of 

this part, including special restrictive 

conditions used in accordance with 

§§ 600.114, 600.212, and 600.304 are not 

deviations. * * * 

* * * * * 

§ 600.5 Selection of Award Instrument. 

■ 5. Section 600.5, paragraph (d) is 

amended by removing ‘‘§§ 600.162 and 

600.243’’ and adding in its place 

‘‘§§ 600.162, 600.243 and 600.352’’. 

■ 6. Section 600.6 is revised to read as 

follows: 

§ 600.6 Eligibility. 

(a) General. DOE shall solicit 

applications for financial assistance in a 

manner which provides for the 

maximum amount of competition 

feasible. 

(b) Restricted eligibility. If DOE 

restricts eligibility, an explanation of 

why the restriction of eligibility is 

considered necessary shall be included 

in the funding opportunity 

announcement, program rule, or 

published notice. 

(1) If the aggregate amount of DOE 

funds available for award under a 

funding opportunity announcement or 

published notice is $1million or more, 

unless authorized by statute or program 

rule, such restriction of eligibility shall 

be: 

(i) Supported by a written 

determination initiated by the program 

office; 

(ii) Concurred in by legal counsel and 

the Contracting Officer; and 

(iii) Approved by an official no less 

than one level below the responsible 

program Assistant Secretary, Deputy 

Administrator, or other official of 

equivalent authority. 

(2) Where the amount of DOE funds 

is less than $1 million, the cognizant 

HCA and the Contracting Officer may 

approve the determination. 

(c) Noncompetitive financial 

assistance. DOE may award a grant or 

cooperative agreement on a 

noncompetitive basis only if the 

application satisfies one or more of the 

following selection criteria: 

(1) The activity to be funded is 

necessary to the satisfactory completion 

of, or is a continuation or renewal of, an 

activity presently being funded by DOE 

or another Federal agency, and for 

which competition for support would 

have a significant adverse effect on 

continuity or completion of the activity. 

(2) The activity is being or would be 

conducted by the applicant using its 

own resources or those donated or 

provided by third parties; however, DOE 

support of that activity would enhance 

the public benefits to be derived and 

DOE knows of no other entity which is 

conducting or is planning to conduct 

such an activity. 

(3) The applicant is a unit of 

government and the activity to be 

supported is related to performance of a 

governmental function within the 

subject jurisdiction, thereby precluding 

DOE provision of support to another 

entity. 


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(4) The applicant has exclusive 

domestic capability to perform the 

activity successfully, based upon unique 

equipment, proprietary data, technical 

expertise, or other such unique 

qualifications. 

(5) The award implements an 

agreement between the United States 

Government and a foreign government 

to fund a foreign applicant. 

(6) Time constraints associated with a 

public health, safety, welfare or national 

security requirement preclude 

competition. 

(7) The proposed project was 

submitted as an unsolicited proposal 

and represents a unique or innovative 

idea, method, or approach that would 

not be eligible for financial assistance 

under a recent, current, or planned 

funding opportunity announcement, 

and if, as determined by DOE, a 

competitive funding opportunity 

announcement would not be 

appropriate. 

(8) The responsible program Assistant 

Secretary, Deputy Administrator, or 

other official of equivalent authority 

determines that a noncompetitive award 

is in the public interest. This authority 

may not be delegated. 

(d) Approval requirements. (1) Where 

the amount of DOE funds is $1 million 

or greater, determinations of 

noncompetitive awards shall be: 

(i) Documented in writing; 

(ii) Concurred in by the responsible 

program technical official and local 

legal counsel; and 

(iii) Approved, prior to award, by the 

responsible program Assistant 

Secretary, Deputy Administrator, or 

official of equivalent authority and the 

Contracting Officer. The approval 

authority may be delegated to one 

organizational level below the Assistant 

Secretary, Deputy Administrator, or 

official of equivalent authority. 

(2) Where the amount of DOE funds 

is less than $1 million, determinations 

of noncompetitive awards shall be: 

(i) Documented in writing; 

(ii) Concurred in by local legal 

counsel, unless for a particular award or 

class of awards of $1 million or less, 

review is waived by legal counsel; and 

(iii) Approved by the cognizant HCA 

and the Contracting Officer. 

§ 600.7 [Amended] 

■ 7. Section 600.7, paragraph (c) is 

amended by removing ‘‘Section 600.111 

or Section 600.236’’ and adding in its 

place ‘‘§§ 600.144, 600.236 and 

600.331’’. 

■ 8. Section 600.8 is amended as 

follows: 

■ a. The section title is revised as set 

forth below. 

■ b. In paragraph (a) introductory text, 

the first sentence is amended by 

removing ‘‘Program announcement’’ and 

adding ‘‘Funding Opportunity 

Announcements (FOA)’’ in its place. 

■ c. In paragraph (a)(1), the last sentence 

is amended by removing ‘‘Solicitations’’ 

and adding ‘‘FOAs’’ in its place. 

■ d. In paragraph (a)(2) introductory 

text, the first sentence is amended by 

removing ‘‘program announcements’’ 

and adding ‘‘FOAs’’ in its place. 

§ 600.8 Funding Opportunity 

Announcement. 

* * * * * 

■ 9. Section 600.10 is amended as 

follows: 

■ a. In paragraph (b), the first sentence 

is amended by removing ‘‘and in the 

number of copies’’. 

■ b. In paragraph (c)(1), the second 

sentence is amended by removing ‘‘or 

other approved DOE application form’’. 

■ c. Paragraph (c)(4) is removed. 

■ d. A new paragraph (f) is added to 

read as follows: 

§ 600.10 Form and content of applications, 

* * * * * 

(f) Registration is required in the 

Central Contractor Registration (CCR) 

for all applications. Information on 

registration can be obtained at http:// 

www.ccr.gov/Grantees.aspx. 

§§ 600.11 and 600.12 [Removed and 

Reserved] 

■ 10. Sections 600.11 and 600.12 are 

removed and reserved. 

§ 600.14 [Reserved] 

■ 11. Section 600.14 is added and 

reserved. 

§ 600.15 [Amended] 

■ 12. Section 600.15, paragraph (b)(2) is 

amended by removing ‘‘solicitation’’ 

and adding ‘‘funding opportunity 

announcement’’ in its place. 

■ 13. Section 600.16, is amended by 

redesignating paragraph (b) as paragraph 

(c), and by adding a new paragraph (b) 

to read as follows: 

§ 600.16 Legal authority and effect of an 

award. 

* * * * * 

(b) Recipients are free to accept or 

reject the award. A request to draw 

down DOE funds constitutes 

acceptance; however, DOE may require 

formal acceptance of an award. 

* * * * * 

■ 14. Section 600.17 is revised to read 

as follows: 

§ 600.17 Contents of Award. 

Each financial assistance award shall 

be made on a Notice of Financial 

Assistance Award (NFAA) which 

contains basic identifying and funding 

information. The NFAA provides the 

contents of the award including any 

special terms and conditions, program 

regulations, the National Policy 

Assurances, and any other provisions 

necessary to establish the respective 

rights, duties, obligations, and 

responsibilities of DOE and the 

recipient, consistent with the 

requirements of this part. 

§ 600.18 [Removed and Reserved] 

■ 15. Section 600.18 is removed and 

reserved. 

§ 600.19 [Amended] 

■ 16. Section 600.19 is amended by 

removing, in the second sentence, 

‘‘briefly’’ and ‘‘and, if for grounds other 

than unavailability of funds, shall offer 

the unsuccessful applicant the 

opportunity for a more detailed 

explanation upon request’’. 

§ 600.21 [Amended] 

■ 17. Section 600.21, paragraph (a) is 

amended by removing ‘‘§§ 600.153 and 

600.242’’ and adding in its place 

‘‘§§ 600.153, 600.242 and 600.342’’. 

■ 18. Section 600.22 is amended as 

follows: 

■ a. In the last sentence of paragraph (a), 

the words ‘‘available in 10 CFR Part 

1024’’ are removed. 

■ b. Paragraphs (d) and (f)(1) are revised. 

■ c. Paragraph (e) is amended by 

removing ‘‘Board’’ and adding ‘‘SPE’’ in 

its place, for every occurrence. 

The revisions read as follows: 

§ 600.22 Disputes and appeals. 

* * * * * 

(d) Right of appeal. Except as 

provided in paragraph (f)(1) of this 

section, the final determination under 

paragraph (c) of this section may be 

appealed to the cognizant Senior 

Procurement Executive (SPE) for either 

DOE or the National Nuclear Security 

Administration (NNSA). The mailing 

address for the DOE SPE is Office of 

Procurement and Assistance 

Management, 1000 Independence Ave., 

SW, Washington, DC 20585. The 

mailing address for the NNSA SPE is 

Office of Acquisition and Supply 

Management, 1000 Independence Ave., 

SW., Washington, DC 20585. 

* * * * * 

(f) Review on appeal. (1) The SPE 

shall have no jurisdiction to review 

(i) Any preaward dispute (except as 

provided in paragraph (f)(2)(ii) of this 

section), including use of any special 

restrictive condition pursuant to 

§§ 600.114, 600.212, or 600.304; 


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(ii) DOE denial of a request for a 

deviation under §§ 600.4, 600.103, 

600.205, or 600.303 of this part; 

(iii) DOE denial of a request for a 

budget revision or other change in the 

approved project under §§ 600.125, 

600.127, 600.222, 600.230, 600.315, or 

600.317 of this part or under another 

term or condition of the award; 

(iv) Any DOE action authorized under 

§§ 600.162(a)(1), (2), (3) or (5), 

600.243(a)(1), (a)(3), or 600.352(a)(1), 

(2), (3) or (5) for suspensions only; or 

§§ 600.162(a)(4), 600.243(a)(4) or 

600.352(a)(4) for actions disapproving 

renewal applications or other requests 

for extension of time or additional 

funding for the same project when 

related to recipient noncompliance, or 

such actions authorized by program 

rule; 

(v) Any DOE decision about an action 

requiring prior DOE approval under 

§§ 600.144, 600.236, or 600.331 of this 

part or under another term or condition 

of the award; 

* * * * * 

§ 600.23 [Removed and Reserved] 

■ 19. Section 600.23 is removed and 

reserved. 

§ 600.24 [Amended] 

■ 20. Section 600.24 is amended in 

paragraphs (a)(3) and (b) introductory 

text by removing ‘‘or § 600.243(a)’’ and 

adding ‘‘§§ 600.243(a), 600.312(g), or 

600.352(a)’’ in its place. 

■ 21. Section 600.25 is amended in: 

■ a. Paragraph (a)(1) by removing ‘‘or 

§ 600.243(a)’’ and adding ‘‘§§ 600.243(a) 

or 600.352(a)’’ in its place. 

■ b. Paragraph (a)(2) by removing ‘‘An’’ 

and adding ‘‘A’’ in its place and by 

removing ‘‘§ 600.23’’ and adding ‘‘2 CFR 

180 and 901’’ in its place. 

■ c. Paragraph (b) is revised. 

■ d. Paragraph (b)(5) by removing ‘‘and 

§§ 600.250 through 600.252’’ and adding 

‘‘§§ 600.250 through 600.252 and 

§§ 600.350 through 600.353’’ in its 

place. 

■ e. Paragraph (d) by removing ‘‘or 

§§ 600.243 through 600.244’’ and adding 

‘‘§§ 600.243 through 600.244 or 

§§ 600.350 through 600.353’’ in its 

place. 

■ f. Paragraph (f) by removing ‘‘or 

§§ 600.243 through 600.244’’ and adding 

‘‘§§ 600.243 through 600.244 or 

§§ 600.350 through 600.353’’ in its 

place. 

The revision reads as follows: 

§ 600.25 Suspension and termination. 

* * * * * 

(b) Notification requirements. Except 

as provided in §§ 600.24, 600.162(a), 

600.243(a), or 600.352(a) before 

suspending or terminating an award for 

cause, DOE shall mail to the awardee 

(by certified mail, return receipt 

requested) a separate written notice in 

addition to that required by § 600.24(a) 

at least ten days prior to the effective 

date of the suspension or termination. 

Such notice shall include, as 

appropriate: 

(1) The factual and legal bases for the 

suspension or termination; 

(2) The effective date or dates of the 

DOE action; 

(3) If the action does not apply to the 

entire award, a description of the 

activities affected by the action; 

(4) Instructions concerning which 

costs shall be allowable during the 

period of suspension, or instructions 

concerning allowable termination costs, 

including in either case, instructions 

concerning any subgrants or contracts; 

(5) Instructions concerning required 

final reports and other closeout actions 

for terminated awards (see §§ 600.170 

through 600.173, §§ 600.250 through 

600.252, and §§ 600.350 through 

600.353); 

(6) A statement of the awardee’s right 

to appeal a termination for cause 

pursuant to § 600.22; and 

(7) The dated signature of a DOE 

Contracting Officer. 

* * * * * 

§ 600.26 [Removed and Reserved] 

■ 22. Section 600.26 is removed and 

reserved. 

§ 600.28 [Removed and Reserved] 

■ 23. Section 600.28 is removed and 

reserved. 

§ 600.29 [Amended] 

■ 24. Section 600.29 is amended as 

follows: 

■ a. In paragraph (b)(1), ‘‘$100,000’’ is 

removed and ‘‘$250,000’’ is added in its 

place. 

■ b. In paragraphs (b)(5) and (b)(6) 

‘‘Contracting Officer’’ is capitalized. 

■ 25. Section 600.30 is revised to read 

as follows: 

§ 600.30 Cost sharing. 

In addition to the requirements of 

§§ 600.123, 600.224, or 600.313, the 

following requirements apply to 

research, development, demonstration 

and commercial application activities 

projects: 

(a) Cost sharing is required for most 

financial assistance awards for research, 

development, demonstration and 

commercial applications activities 

initiated after the enactment of the 

Energy Policy Act of 2005 on August 8, 

2005. This requirement does not apply 

to: 

(1) An award under the small 

business innovation research program or 

the small business technology transfer 

program; or 

(2) A program with cost sharing 

requirements defined by other than 

Section 988 of the Energy Policy Act of 

2005 including other sections of the 

2005 Act and the Energy Policy Act of 

1992. 

(b) A cost share of at least 20 percent 

of the cost of the activity is required for 

research and development except 

where: 

(1) A research or development activity 

of a basic or fundamental nature has 

been excluded by an appropriate officer 

of the Department, generally an Under 

Secretary; or 

(2) The Secretary has determined it is 

necessary and appropriate to reduce or 

eliminate the cost sharing requirement 

for a research and development activity 

of an applied nature. 

(c) A cost share of at least 50 percent 

of the cost of a demonstration or 

commercial application program or 

activity is required unless the Secretary 

has determined it is necessary and 

appropriate to reduce the cost sharing 

requirements, taking into consideration 

any technological risk relating to the 

activity. 

(d) Cost share shall be provided by 

non-Federal funds unless otherwise 

authorized by statute. In calculating the 

amount of the non-Federal contribution: 

(1) Base the non-Federal contribution 

on total project costs, including the cost 

of work where funds are provided 

directly to a partner, consortium 

member or subrecipient, such as a 

Federally Funded Research and 

Development Center; 

(2) Include the following costs as 

allowable in accordance with the 

applicable cost principles: 

(i) Cash; 

(ii) Personnel costs; 

(iii) The value of a service, other 

resource, or third party in-kind 

contribution determined in accordance 

with the applicable circular of the Office 

of Management and Budget; 

(iv) Indirect costs or facilities and 

administrative costs; and/or 

(v) Any funds received under the 

power program of the Tennessee Valley 

Authority (except to the extent that such 

funds are made available under an 

annual appropriation Act); 

(3) Exclude the following costs: 

(i) Revenues or royalties from the 

prospective operation of an activity 

beyond the time considered in the 

award; 

(ii) Proceeds from the prospective sale 

of an asset of an activity; or 

(iii) Other appropriated Federal funds. 


jlentini on DSKJ8SOYB1PROD with RULES
44278 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 

(iv) Repayment of the Federal share of 

a cost-shared activity under Section 988 

of the Energy Policy Act of 2005 shall 

not be a condition of the award. 

§ 600.31 [Amended] 

■ 26. Section 600.31 is amended as 

follows: 

■ a. In paragraph (c), the phrase 

‘‘Contracting Officer’’ is capitalized in 

all occurrences. 

■ b. In paragraph (d), the phrase 

‘‘Contracting Officer’’ is capitalized. 

■ c. In paragraph (f)(5), the phrase 

‘‘Contracting Officer’’ is capitalized. 

■ 27. Section 600.112 is revised to read 

as follows: 

§ 600.112 Forms for applying for Federal 

assistance. 

(a) General. An application for an 

award shall be on the form or in the 

format specified in a program rule or in 

the funding opportunity announcement. 

When a version of the Standard Form 

424 is not used, DOE shall indicate 

whether the application is subject to 

review by the State under Executive 

Order 12372. 

(b) Budgetary information. DOE may 

request and the applicant shall submit 

the minimum budgetary information 

necessary to evaluate the costs of the 

proposed project. 

(c) DOE may, subsequent to receipt of 

an application, request additional 

information from an applicant when 

necessary for clarification or to make 

informed preaward determinations. 

(d) Continuation and renewal 

applications. DOE may require that an 

application for a continuation or 

renewal award be made in the format or 

on the forms authorized by paragraphs 

(a) and (b) of this section. 

§ 600.113 [Amended] 

■ 28. Section 600.113 is amended by 

removing ‘‘10 CFR part 1036’’ and 

adding ‘‘2 CFR 180 and 901’’ in its 

place. 

§ 600.117 [Removed and Reserved] 

■ 29. Section 600.117 is removed and 

reserved. 

§ 600.305 [Amended] 

■ 30. Section 600.305 is amended by 

removing ‘‘10 CFR part 1036’’ and 

adding ‘‘2 CFR 180 and 901’’ in its 

place. 

PART 1024—[REMOVED] 

■ 31. Under the authority of 42 U.S.C. 

7254, part 1024 is removed. 

[FR Doc. E9–20299 Filed 8–27–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM398; Special Conditions No. 

25–390–SC] 

Special Conditions: Alenia Aeronautica 

Model C–27J Airplane; Interaction of 

Systems and Structures 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Alenia Model C–27J 

airplane. This airplane will have novel 

or unusual design features when 

compared to the state of technology 

described in the airworthiness standards 

for transport-category airplanes. These 

special conditions pertain to the effects 

of novel or unusual design features such 

as effects on the structural performance 

of the airplane. 

The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: Effective Date: September 28, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Holly Thorson, FAA, International 

Branch, ANM–116, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–1357, facsimile 

(425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 27, 2006, the European 

Aviation Safety Agency (EASA) 

forwarded to the FAA an application 

from Alenia Aeronautica of Torino, 

Italy, for U.S. type certification of a 

twin-engine commercial transport 

designated as the Alenia model C–27J. 

The Alenia model C–27J is a twinturbopropeller, cargo-transport aircraft 

with a maximum takeoff weight of 

67,240 pounds. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.17 

and the bilateral agreement between the 

U.S. and Italy, Alenia Aeronautica must 

show that the Alenia model C–27J meets 

the applicable provisions of 14 CFR part 

25, as amended by Amendments 25–1 

through 25–87. Alenia also elects to 

comply with Amendment 25–122, 

effective September 5, 2007, for 

§ 25.1317. 

If the Administrator finds that 

existing airworthiness regulations do 

not adequately or appropriately address 

safety standards for the Alenia model 

C–27J due to a novel or unusual design 

feature, we prescribe special conditions 

under provisions of § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Alenia model C–27J 

must comply with the fuel-vent and 

exhaust-emission requirements of 14 

CFR part 34 and the noise-certification 

requirements of 14 CFR part 36. In 

addition, the FAA must issue a finding 

of regulatory adequacy pursuant to § 611 

of Public Law 92–574, the ‘‘Noise 

Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.17(a)(2). 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same or similar novel 

or unusual design feature, the special 

conditions also apply to the other model 

under § 21.101. 

Novel or Unusual Design Features 

The Alenia model C–27J incorporates 

several novel or unusual design 

features. Because of rapid improvements 

in airplane technology, the existing 

airworthiness regulations do not 

adequately or appropriately address 

safety standards for these design 

features. These special conditions for 

the Alenia model C–27J contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

These special conditions were derived 

initially from standardized requirements 

developed by the Aviation Rulemaking 

Advisory Committee (ARAC), 

comprised of representatives of the 

FAA, Europe’s Joint Aviation 

Authorities (JAA), now replaced by the 

European Aviation Safety Agency 

(EASA), and industry. From the initial 

proposal, the JAA proposed these 

special conditions in Notice of Proposed 

Amendment (NPA) 25C–199. When 

Ente Nazionale per l’Aviazione Civile 

(ENAC) certified the Alenia model 

C–27J they applied NPA 25C–199, 

issued July 3, 1997. 


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