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.
63454 Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Rules and Regulations

1831. This regulation shall remain in

effect until October 11, 2001.

Dated: November 20, 1997.

Janet Reno,

Attorney General.

[FR Doc. 97–31192 Filed 11–28–97; 8:45 am]

BILLING CODE 4410–14–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 36

RIN 2900–AI92

Loan Guaranty: Requirements for

Interest Rate Reduction Refinancing

Loans

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

loan guaranty regulations concerning

the requirements for Interest Rate

Reduction Refinancing Loans (IRRRLs).

In a document published in the Federal

Register on October 8, 1997 (62 FR

52503), VA issued an interim final rule

which generally limited these loans to

instances where the veteran’s monthly

mortgage payment will decrease, and

generally required that the loans being

refinanced be current in their payments.

The interim final rule stated that it was

effective on the date of publication. A

subsequent administrative issuance

delayed the effective date of the changes

made by the interim final rule until

December 1, 1997. This administrative

issuance has caused uncertainty

concerning the implementation of the

interim final rule. Under these

circumstances, this document rescinds

the interim final rule and VA is

rescinding the administrative issuance.

We intend in the near future to publish

a proposed rule to address the same

issues that were addressed in the

interim final rule. Further, the

comments received in response to the

interim final rule will be considered in

the new rulemaking proceeding.

DATES: Effective Date: December 1, 1997.

FOR FURTHER INFORMATION CONTACT: Ms.

Judith Caden, Assistant Director for

Loan Policy (264), Loan Guaranty

Service, Veterans Benefits

Administration, Department of Veterans

Affairs, 810 Vermont Avenue, NW,

Washington, DC 20420, (202) 273–7368.

SUPPLEMENTARY INFORMATION:

Administrative Procedure Act

Pursuant to 5 U.S.C. 553, we have

found good cause to dispense with

notice and comment on this final rule

and to dispense with a 30-day delay of

its effective date. Such actions are

impracticable, unnecessary, and

contrary to the public interest. The

issues raised by the interim final rule

will be subjected to notice and comment

in a future rulemaking proceeding.

Further, the final rule is necessary to

avoid uncertainty regarding the

implementation of the interim final rule.

Regulatory Flexibility Act

Because no notice of proposed rule

making was required in connection with

the adoption of this final rule, no

regulatory flexibility analysis is required

under the Regulatory Flexibility Act (5

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

The Catalog of Federal Domestic

Assistance Program number is 64.114.

List of Subjects in 38 CFR Part 36

Condominiums, Handicapped,

Housing, Indians, Individuals with

disabilities, Loan programs—housing

and community development, Loan

programs—Indians, Loan programs—

veterans, Manufactured homes,

Mortgage insurance, Reporting and

recordkeeping requirements, Veterans.

Approved: November 25, 1997.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 36 is amended as

set forth below:

1. The authority citation for part 36

continues to read as follows:

Authority: 38 U.S.C. 501, 3701–3704, 3707,

3710–3714, 3719, 3720, 3729, 3762, unless

otherwise noted.

2. In § 36.4306a, paragraphs (a)(6) and

(a)(7) are removed and paragraphs (a)(3)

through (a)(5) are revised, to read as

follows:

§ 36.4306a Interest rate reduction

refinancing loan.

(a) * * *

(3) The amount of the refinancing

loan may not exceed:

(i) An amount equal to the balance of

the loan being refinanced and such

closing costs as authorized by

§ 36.4312(d) and a discount not to

exceed 2 percent of the loan amount; or

(ii) In the case of a loan to refinance

an existing VA guaranteed or direct loan

and to improve the dwelling securing

such loan through energy efficient

improvements, an amount equal to the

sum of the amount referred to with

respect to the loan under paragraph

(a)(3)(i) of this section and the amount

authorized by § 36.4336(a)(4);

(Authority: 38 U.S.C. 3710(a))

(4) The dollar amount of the guaranty

of the 38 U.S.C. 3710(a)(8) or (9)(B)(i)

loan may not exceed the original dollar

amount of guaranty applicable to the

loan being refinanced, less any dollar

amount of guaranty previously paid as

a claim on the loan being refinanced;

and

(5) The term of the refinancing loan

(38 U.S.C. 3710(a)(8)) may not exceed

the original term of the loan being

financed plus ten years or the maximum

loan term allowed under 38 U.S.C.

3703(d)(1), whichever is less. For

manufactured home loans that were

previously guaranteed under 38 U.S.C.

3712 the loan term, if being refinanced

under 38 U.S.C. 3710(a)(9)(B)(i), may

exceed the original term of the loan but

may not exceed the maximum loan term

allowed under 38 U.S.C. 3703(d)(1).

(Authority: 38 U.S.C. 3710(e)(1))

3. In § 36.4337, paragraph (a) is

revised, to read as follows:

§ 36.4337 Underwriting standards,

processing procedures, lender

responsibility, and lender certification.

(a) Use of standards. Except for

refinancing loans guaranteed pursuant

to 38 U.S.C. 3710(a)(8), the standards

contained in paragraphs (c) through (j)

of this section will be used to determine

that the veteran’s present and

anticipated income and expenses, and

credit history are satisfactory.

* * * * *

[FR Doc. 97–31369 Filed 11–28–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IA 036–1036; FRL–5929–3]

Approval and Promulgation of

Implementation Plans; State of Iowa

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is taking final action

to approve an Iowa State

Implementation Plan (SIP) revision

pertaining to the Muscatine, Iowa,

sulfur dioxide (SO2) nonattainment area.

This action will make federally

enforceable state permits and related

source specific emission limits and

other conditions which will ensure

attainment and maintenance of the SO2

National Ambient Air Quality Standards

(NAAQS).

DATES: This rule is effective on

December 31, 1997.