63452 Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Rules and Regulations

§§ 97.23, 97.27, 97.33, 97.35 [Amended]

2. Amend §§ 97.23, 97.27, 97.33, and

97.35, as appropriate, by adding,

revising, or removing the following

SIAP’s, effective at 0901 UTC on the

dates specified:

. . . Effective Jan. 1, 1998

Ozark, AL, Blackwell Field, VOR or GPS

RWY 30, Amdt 6A CANCELLED

Ozark, AL, Blackwell Field, VOR RWY

30, Amdt 6A

Crookston, MN, Crookston MuniKirkwood Field, VOR or GPS RWY

31, Amdt 4A CANCELLED

Crookston, MN, Crookston MuniKirkwood Field, VOR RWY 31,

Amdt 4A

Coshocton, OH, Richard Downing, VOR/

DME RNAV or GPS RWY 22, Amdt

4 CANCELLED

Coshocton, OH, Richard Downing, VOR/

DME RNAV RWY 22, Amdt 4

Marshall, TX, Harrison County, VOR/

DME RNAV or GPS RWY 33, Amdt

1B CANCELLED

Marsahall, TX, Harrison County, VOR/

DME RNAV RWY 33, Amdt 1B

[FR Doc. 97–31360 Filed 11–28–97; 8:45 am]

BILLING CODE 4910–13–M

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

14 CFR Part 1260

Miscellaneous Revisions to the NASA

Grant and Cooperative Agreement

Handbook, Section A

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: The NASA Grant and

Cooperative Agreement Handbook

regulation is published in the Code of

Federal Regulations. This is a final rule

to amend the Handbook to: Redefine

certain grant terms to eliminate

ambiguities; clarify definitions and

proposal and certification requirements

relative to action type; raise the

subcontract consent level from $25,000

to $100,000; clarify when it is necessary

to obtain a revised budget proposal for

competitively selected research grants;

reduce the level of detail required for

proposed travel costs; waive the

requirement for Grant Officer approval

of competitively selected research grants

where 50 percent or more of the

proposed funding is for equipment or

travel; and clarify the requirements for

proposal and approval procedures to

permit the direct charge of general

purpose equipment.

EFFECTIVE DATE: December 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Donna Fortunat, NASA, Office of

Procurement, Contract Analysis

Division (Code HC), (202) 358–0426.

SUPPLEMENTARY INFORMATION:

Background

The NASA Grant and Cooperative

Agreement Handbook is the NASA

regulation for awarding and

administering grants and cooperative

agreements (14 CFR part 1260). Subpart

A provides the text of provisions and

special conditions and addresses

NASA’s authority, definitions,

applicability, amendments,

publications, deviations, pre-award

requirements and post-award

requirements.

Impact

NASA certifies that this regulation

will not have a significant economic

impact on a substantial number of small

business entities under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

This final rule does not impose any

reporting or recordkeeping requirements

subject to the Paper Reduction Act.

List of Subjects in 14 CFR Part 1260

Grant programs—science and

technology, Reporting and

recordkeeping requirements, Research.

Tom Luedtke,

Deputy Associate Administrator for

Procurement.

Accordingly, 14 CFR Part 1260 is

amended as follows:

PART 1260—GRANTS AND

COOPERATIVE AGREEMENTS

1. The authority citation for 14 CFR

Part 1260 continues to read as follows:

Authority: 42 U.S.C. 2473(c)(1), Pub. 2.97–

258, 96 Stat. 1003 (31 U.S.C. 6301 et seq.),

and OMB Circular A–110.

2. In section 1260.2, the definitions

‘‘Extension’’ and ‘‘Supplement’’ are

removed, and the following definition

‘‘Amendment’’ is added in alphabetical

order to read as follows:

§ 1260.2 Definitions.

* * * * *

Amendement. Any document used to

effect modifications to grants and

cooperative agreements. Amendments

may be issued unilaterally at the

discretion of the Grant Officer.

* * * * *

3. In section 1260.11, paragraphs (d)

and (e)(1) are revised and paragraph

(e)(3) is added to read as follows:

§ 1260.11 Evaluation and selection.

* * * * *

(d) Equipment justification on travel

justification. Unless the proposal is

selected using a competitive process, for

example, a NASA Research

Announcement or a Cooperative

Agreement Notice, these documents will

be submitted by the technical office for

grant officer approval when more than

half of the proposed budget is for

equipment or travel and associated

indirect cost. The justification shall

describe the extent to which the

equipment or travel is necessary.

(e) Proposal budget evaluation. (1)

The technical officer will review the

recipients’ estimated cost for

conformance to program requirements

and funds availability. The results of

this review shall be recorded in Column

B of the proposed Budget Summary

Form (Exhibit C). New budgets are not

required when the program office

recommended funding is within 20

percent of the proposed amount,

provided specific proposed objectives

have not been added or deleted.

However, when equipment and/or

subcontracts are involved, the cognizant

program office is required to identify the

cost element(s) affected by the change in

funding level.

* * * * *

(3) The grant officer will address

requests for direct charge of general

purchase equipment in a negotiation

summary and indicate whether the

proposed purchase is approved as a

direct cost.

* * * * *

4. Section 1260.13 is revised to read

as follows:

§ 1260.13 Award procedures.

(a) Award instruments—(1) Annual

grant. Grant may be awarded for a short

term (e.g., on an annual basis).

(2) Multiple year grant. NASA policy

is to make maximum use of multiple

year grants to support research projects

that may span several years. A multiple

year grant is generally selected for a

period of three years in keeping with

NASA’s policy calling for research to be

peer reviewed at least every three years.

(i) If the decision to provide multiple

year funding to a research proposal is

made, the special condition in

§ 1260.52, ‘‘Multiple Year Grants’’, will

be included in the award.

(ii) Periods approved under the

Multiple Year Grants special condition

in § 1260.52, and funded at the levels

specified in the special condition, are

not considered to be new awards.

Therefore, new proposals, new

proposal-related certifications (such as

Drug Free Workplace and Debarment

and Suspension) and new technical

evaluations are not required.
Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Rules and Regulations 63453

(iii) If NASA program constraints or

developments within the research

project dictate a reduction in the

funding level specified under a multiple

year grant period, research may

continue at the reduced level under the

terms of the special condition; however,

the recipient may rebudget under the

grant provisions to keep the project

within the funding actually provided.

(3) Supplements. A supplement to a

grant may be issued at any time when

work is introduced which is outside the

scope of the approved proposal; or

when there is a need for substantial

unanticipated funding. Supplements

require the submission of revised budget

proposals and technical evaluations.

Since Supplements will be performed

within the existing period of

performance, certifications will not

normally be required.

(4) Extensions. Grant may be extended

beyond the expiration date in

accordance with § 1260.22,

‘‘Extensions’’, if additional time beyond

the established period of performance is

required to assure adequate completion

of the original scope of work within the

available funding.

(5) Renewals. Grant renewals provide

for continuation of research beyond the

original scope, period of performance

and funding levels; therefore, new

proposals, certifications and technical

evaluations are required prior to the

execution of a grant renewal. Continued

performance within a period specified

under the Multiple Year Grants special

condition does not constitute a renewal.

Peer review of the continuing research

should be accomplished prior to

selecting a research grant for renewal.

The Multiple Year Grant special

condition may be incorporated into

renewals.

(b) Funding arrangements. While

NASA normally provides full funding

support for research grants, alternate

methods of grant funding are as follows:

(1) Cost sharing. Since NASA grant

recipients usually gain no measurable

benefit from grants other than

conducting research, cost sharing for

research grants is not generally required.

NASA may, however, accept cost

sharing when voluntarily offered.

Additionally, in instances when the

Grant Officer determines that the

recipient will benefit from research

results through sales to non-Federal

entities, cost sharing based upon this

mutuality of interest will apply (see

§ 1260.123). When cost sharing is used,

the Grant Officer shall insert a special

condition substantially as shown in

§ 1260.54, ‘‘Cost Sharing.’’

(2) Partial support. NASA may

provide partial support for a research

project or conference where additional

funding is being provided by other

Federal agencies. If the grant also

involves cost sharing by the recipient,

the Grant Officer will ensure that the

recipient’s share does not include any

Federal funds.

5. In § 1260.32 the clause heading and

paragraphs (a) and (c) are revised and a

bracket line is added at the end of the

section to read as follows:

§ 1260.32 Subcontracts.

Subcontracts (November 1997)

(a) For all subcontracts over $100,000, the

recipient shall provide the following to the

NASA grant officer for approval:

(1) A copy of the proposed subcontract.

(2) The basis for subcontractor selection.

(3) Justification for lack of competition

when competitive bids or offers are not

obtained.

(4) The subcontract budget and basis for

subcontract cost or price.

* * * * *

(c) All contracts awarded by a recipient,

including small purchases, shall contain the

provisions in appendix A of subpart B of this

part.

[End of provision]

[FR Doc. 97–30972 Filed 11–28–97; 8:45 am]

BILLING CODE 7510–01–M

DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[A.G. Order No. 2130–97]

Organization; Approval of Charges

Under the Economic Espionage Act of

1996

AGENCY: Office of the Attorney General,

Department of Justice.

ACTION: Final rule.

SUMMARY: This order amends Part 0 of

Title 28, Code of Federal Regulations, to

require that the United States may not

file charges under the Economic

Espionage Act of 1996 (EEA), or use a

violation of the EEA as a predicate

offense under any other law, without

the personal approval of the Attorney

General, the Deputy Attorney General,

or the Assistant Attorney General in

charge of the Criminal Division (or the

Acting Official in each of these

positions if a position is filled by an

Acting official).

EFFECTIVE DATE: November 20, 1997.

FOR FURTHER INFORMATION CONTACT:

Bert Brandenberg, Director, Office of

Public Affairs, U.S. Department of

Justice, Washington, DC 20530, (202)

616–2777.

SUPPLEMENTARY INFORMATION: This order

pertains to a matter of internal

Department management. It does not

have a significant economic impact on

a substantial number of small entities. 5

U.S.C. 605(b). This rule is not a

‘‘significant regulatory action’’ under

Executive Order 12866; accordingly, it

has not been reviewed by the Office of

Management and Budget. It is not a

major rule as defined by Section 804 of

the Small Business Regulatory

Enforcement Act of 1996. Finally, this

rule does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment pursuant to

Executive Order 12612.

List of Subjects in 28 CFR Part 0

Authority delegations (government

agencies), Government employees,

Organizations and functions

(government agencies), Whistleblowing.

Accordingly, by virtue of the

authority vested in me as Attorney

General, including 5 U.S.C. 301 and 28

U.S.C. 509 and 510, Part 0 of Title 28

of the Code of Federal Regulations is

amended as follows:

PART 0—ORGANIZATION OF THE

DEPARTMENT OF JUSTICE

1. The authority citation for Part 0

continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509,

510, 515–519.

2. Section 0.64–5 is added to read as

follows:

§ 0.64–5 Policy with regard to bringing

charges under the Economic Espionage Act

of 1996, Pub. L. 104–294, effective October

11, 1996.

The United States may not file a

charge under the Economic Espionage

Act of 1996 (EEA), Pub. L. 104–294, 110

Stat. 3488, 18 U.S.C. 1831 et seq.,

effective October 11, 1996, or use a

violation of the EEA as a predicate

offense under any other law, without

the personal approval of the Attorney

General, the Deputy Attorney General,

or the Assistant Attorney General of the

Criminal Division (or the Acting official

in each of these positions if a position

is filled by an Acting Official).

Violations of this regulation are

appropriately sanctionable and will be

reported by the Attorney General to the

Senate and House Judiciary Committees.

Responsibility for reviewing proposed

charges under the EEA rests with the

Computer Crime and Intellectual

Property Section, Criminal Division,

which will consult with the Internal

Security Section, Criminal Division, in

cases involving charges under 18 U.S.C.