Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Proposed Rules 68969

State City/town/county Source of flooding Location

#Depth in feet above

ground. *Elevation in feet.

(NGVD)

Existing Modified

Approximately 100 feet downstream of

5900 South Street.

*4,351 *4,347

Maps are available for inspection at the Office of the City Engineer, 4646 South 500 West, Murray, Utah.

Send comments to The Honorable Dan Snarr, Mayor, City of Murray, 5025 South State Street, Murray, Utah 84157–0000.

Utah ....................... South Salt Lake

(City).

Mill Creek .......................... At confluence with Jordan River ............... *4,233 *4,233

Just downstream of State Street .............. *4,252 *4,251

Approximately 300 feet downstream of

3300 South Street.

*4,263 *4,263

Maps are available for inspection at 220 East Morris Avenue, South Salt Lake, Utah 85115.

Send comments to The Honorable Randy Fitts, Mayor, City of South Salt Lake, 220 East Morris Avenue, South Salt Lake, Utah 85115.

Washington ............ College Place

(City) Walla

Walla County.

Garrison Creek ................. Approximately 3,300 feet upstream of

Mission Road.

None *703

Approximately 6,400 feet upstream of

Mission Road.

None *723

Maps are available for inspection at City Hall, South College Avenue, College Place, Washington.

Send comments to The Honorable Thor Bakland, Mayor, City of College Place, 625 South College Avenue, College Place, Washington

99324.

Washington ............ Washtucna (Town)

Adams County.

Washtucna Coulee ........... Approximately 2,700 feet downstream of

Cooper Street.

None +1,002

Just downstream of Canal Street ............. None +1,023

At confluence with Staley Coulee ............. None +1,023

Approximately 800 feet upstream of the

confluence with Staley Coulee.

None +1,025

Staley Coulee ................... Just upstream of Canal Street .................. None +1,023

Approximately 800 feet upstream of North

Street.

None +1,023

Maps are available for inspection at the Washtucna Town Hall, 165 Southeast Main Street, Washtucna, Washington.

Send comments to The Honorable Neil G. Todd, Mayor, Town of Washtucna, 165 Southeast Main Street, Washtucna, Washington 99371.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: November 8, 2000.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 00–29127 Filed 11–14–00; 8:45 am]

BILLING CODE 6718–04–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

45 CFR Parts 74 and 92

Uniform Administrative Requirements

for Awards and Subawards to

Institutions of Higher Education,

Hospitals, Other Nonprofit

Organizations, and Commercial

Organizations; and Certain Grants and

Agreements With States, Local

Governments and Indian Tribal

Governments and Uniform

Administrative Requirements for

Grants and Cooperative Agreements to

State and Local Governments

AGENCY: Department of Health and

Human Services (HHS).

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: The Department of Health and

Human Services proposes to revise its

grants management regulations in order

to bring the entitlement grant programs

it administers under the same

regulations that already apply to nonentitlement programs for grants and

cooperative agreements to State, local,

and tribal governments.

DATES: Comments must be submitted by

January 16, 2001.

ADDRESSES: Comments must be in

writing and should be mailed or faxed

to Charles Gale, Director, Office of

Grants Management, HHS, Room 517–D,

200 Independence Avenue SW,

Washington, D.C. 20201; Fax (202) 690–

6902. Written comments may be

inspected at the identified address

during agency business hours from 9:30

am to 5:30 p.m., Monday through

Friday, Federal Holidays excepted.

FOR FURTHER INFORMATION CONTACT:

Charles Gale, Director, Office of Grants

Management at the above address; (202)

690–6377. For the hearing impaired

only: TDD (202) 690–6415. These are

not toll-free numbers.

SUPPLEMENTARY INFORMATION:

Background and Purpose

On March 11, 1988, HHS joined other

Federal agencies in publishing a final

grants management ‘‘common rule’’

which provides a uniform system for the

administration of grants and cooperative

agreements, and by subawards

thereunder, to State, local, and tribal

governments. Prior to that date,

administrative requirements for awards

and subawards under all HHS programs

were codified under 45 CFR Part 74.

HHS implemented the Common Rule at

45 CFR Part 92. At the time, entitlement

grant programs of the Social Security

Act (the Act) administered by HHS and

the Department of Agriculture were

excepted from the common rule,

because it was believed that the States

operated entitlement programs

differently than non-entitlement

programs. Therefore, Subpart E was

reserved in the rule to subsequently

address provisions specific to

entitlement programs. Pending the

publication of Subpart E to Part 92, the

HHS entitlement programs have

remained under Part 74. As cited in 45

CFR 92.4, these programs included:

(1) Aid to Needy Families with

Dependent Children (Title IV–A of the

68970 Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Proposed Rules

Act, not including the Work Incentive

Program (WIN) authorized by section

402(a)19(G));

(2) Child Support Enforcement and

Establishment of Paternity (Title IV–D of

the Act);

(3) Foster Care and Adoption

Assistance (Title IV–E of the Act);

(4) Aid to the Aged, Blind, and

Disabled (Titles I, X, XIV, and XVI–

AABD of the Act);

(5) Medical Assistance (Medicaid)

(Title XIX of the Act) not including the

State Medicaid Fraud Control program

authorized by section 1903(a)(6)(B); and

(6) Certain grant funds awarded under

subsection 412(e) of the Immigration

and Nationality Act and subsection

501(a) of the Refugee Education

Assistance Act of 1980.

Experimental, pilot, or

demonstrations involving the above

programs also remained under Part 74.

Although it was initially believed that

States operated entitlement programs

differently than non-entitlement

programs, over the years we have found

that belief to be untrue. Based upon our

experience, we believe that States

operate entitlement grant programs like

non-entitlement programs. Furthermore,

HHS and USDA consulted with State

officials and their staffs and found that

they applied the same fundamental

administrative rules to both entitlement

and non-entitlement programs. Since

the States are currently applying the

substance of the common rule

requirements to their entitlement

programs, HHS and USDA plan to

synchronize the administrative

requirements for all entitlement grant

programs by bringing them under the

common rule. USDA issued a final rule

which applies its Uniform

Administrative Requirements for Grants

and Cooperative Agreements to State

and Local Governments to its

entitlement grant programs. 65 Fed. Reg.

49474 (August 14, 2000). By way of this

proposed rule, HHS is likewise

proceeding with application of the

common rule to its entitlement grant

programs.

This proposed rule would expand the

scope of 45 CFR Part 92 to include the

entitlement grant programs cited above

and remove such programs from the

scope of Part 74. Therefore, both

entitlement and non-entitlement awards

to State, local, and tribal governments

will be under the same administrative

rules. This will enable State, local, and

tribal grantees and other affected

parties, such as auditors, to use the

same administrative rules for the vast

majority of their Federal programs. This

action will also reduce unnecessary

confusion and inefficiency in program

administration.

There are technical distinctions

between Part 74 and Part 92, e.g.,

wording and format. Also, while the

substance of the cost principles and

audit requirements remains the same,

there are differences in wording and

organization. While the wording and

organization are different, we believe

there are no significant differences in

the meaning of these standard

administrative provisions. With respect

to program income, for example, while

Part 92 provides more specific

information and Part 74 is different with

respect to research grants, there is no

practical difference in the way States

will treat program income earned under

the entitlement programs. That is,

unless instructed otherwise by the HHS

awarding agency or superseded by other

legislative requirements, States will use

the deduction alternative. Similarly,

with respect to termination for

convenience, while Part 92 covers the

subject as a separate section, the

requirements in Part 74 provide for

essentially the same treatment in such

cases. That is, termination for

convenience may occur upon mutual

consent between the HHS awarding

agency and the grantee or upon written

notification on the part of the grantee

under certain conditions. We invite

comment on the effect of these examples

and any other differences detected.

Additionally, HHS has decided to apply

the rule prospectively to grants awarded

after the effective date of the rule. We

welcome questions regarding the

application of the rule to specific types

of entitlement grant programs.

In publishing this proposed rule, HHS

solicits comments on applying the

provisions of Part 92 to HHS entitlement

program awards and subawards to State,

local, and tribal governmental

organizations. This proposed rule will

not affect HHS non-entitlement grant

programs. As noted above, Part 92 has

covered grants and subgrants to State,

local, and tribal governments relating to

non-entitlement grant programs since its

publication. HHS also solicits comments

regarding whether certain provisions of

the common rule should not be applied

to entitlement grant programs but

whether, instead, certain provisions of

45 CFR Part 74 should remain

applicable.

Regulatory Impact Analysis

Executive Order 12866

In accordance with the provisions of

Executive Order 12866, the Office of

Management and Budget did not review

this rule because it is not a significant

regulatory action as defined in

Executive Order 12866.

Regulatory Flexibility Act

In accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)), the

Secretary has reviewed this proposed

rule before publication and, by

approving it, certifies that it will not

have a significant impact on a

substantial number of small entities.

The proposed rule does not affect the

amount of funds provided in the

covered programs but, instead, modifies

and updates the administrative and

procedural requirements.

Unfunded Mandates Reform Act

The Department has determined that

this proposed rule is not a significant

regulatory action within the meaning of

the Unfunded Mandates Reform Act of

1995, 2 U.S.C. 1501, et seq., because it

will not result in State, local, or tribal

government expenditures of $100

million or more.

Paperwork Reduction Act of 1995

The reporting and recordkeeping

requirements of this rule are the same as

those required by OMB Circulars A–102

and A–110 and have already been

cleared by OMB. Therefore, HHS

believes this rule will not impose

additional information collection

requirements on grantees and

subgrantees.

List of Subjects

45 CFR Part 74

Accounting, Administrative practice

and procedure, Colleges and

universities, Grant programs, Hospitals,

Indians, Intergovernmental relations,

Nonprofit organizations, and Reporting

and recordkeeping requirements.

45 CFR Part 92

Accounting, Grant programs, Indians,

Intergovernmental relations, Reporting

and recordkeeping requirements.

(Catalog of Federal Domestic Assistance

number does not apply.)

Dated: November 2, 2000.

Donna E. Shalala,

Secretary.

Accordingly, for the reasons set forth

above it is proposed that Title 45 of the

Code of Federal Regulations be

amended as follows:

Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Proposed Rules 68971

PART 74—UNIFORM ADMINISTRATIVE

REQUIREMENTS FOR AWARDS AND

SUBAWARDS TO INSTITUTIONS OF

HIGHER EDUCATION, HOSPITALS,

OTHER NONPROFIT ORGANIZATIONS,

AND COMMERCIAL ORGANIZATIONS

1. The heading of part 74 is revised

to read as set forth above.

2. The authority citation for Part 74 is

revised to read as follows:

Authority: 5 U.S.C. 301; OMB Circular A–

110 (58 FR 62992, November 29, 1993), as

amended (64 FR 54926, October 8, 1999).

3. In 74.1 remove paragraph (a)(3).

PART 92—UNIFORM ADMINISTRATIVE

REQUIREMENTS FOR GRANTS AND

COOPERATIVE AGREEMENTS TO

STATE, LOCAL, AND TRIBAL

GOVERNMENTS

1. The authority citation for part 92

would continue to read as follows:

Authority: 5 U.S.C. 301.

2. In 92.4 remove paragraphs (a)(3),

(7) and (8) and redesignate paragraphs

(a)(4) through (10) as (a)(3) through (7)

and remove and reserve paragraph (b).

3. Remove Subpart E, Entitlement.

[FR Doc. 00–29111 Filed 11–14–00; 8:45 am]

BILLING CODE 4150–04–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[I.D. 110300B]

Western Pacific Fishery Management

Council; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meeting/public

hearing.

SUMMARY: The Western Pacific Fishery

Management Council (Council) will

hold its 107th meeting November 28

through December 1, 2000, in Honolulu,

HI. A public hearing will be held on a

framework amendment to add new

entry criteria for the Mau Zone limited

entry bottomfish fishery in the

Northwestern Hawaiian Islands (NWHI).

DATES: The Council’s Standing

Committees will meet on November 28,

2000, from 7:30 a.m. to 5:30 p.m. The

full Council meeting will be held on

November 29, 2000, from 9 a.m. to 5

p.m. and November 30 to December 1,

2000, from 8:30 a.m. to 5 p.m. A public

hearing will be held on November 29,

2000 at 3 p.m. on a framework

amendment to add new entry criteria for

the Mau zone limited entry bottomfish

fishery in the NWHI. See

SUPPLEMENTARY INFORMATION for specific

dates and times for these meetings and

the hearings.

ADDRESSES: The Council meeting,

Standing Committee meetings, and

public hearing will be held at the Ala

Moana Hotel, 410 Atkinson Drive,

Honolulu, HI; telephone: 808–955–4811.

Copies of the framework document

proposing new entry criteria for the Mau

Zone are available from and written

comments can be sent to the Western

Pacific Fishery Management Council,

1164 Bishop St., Suite 1400, Honolulu,

HI 96813.

FOR FURTHER INFORMATION CONTACT:

Kitty M. Simonds, Executive Director;

telephone: 808–522–8220.

SUPPLEMENTARY INFORMATION:

Dates and Times of Committee Meetings

The following Standing Committees

of the Council will meet on November

28, 2000. Enforcement/Vessel

Monitoring System from 7:30 a.m. to

9:30 a.m.; International Fisheries/

Pelagics from 9:30 a.m. to 11:30 a.m.;

Executive/Budget and Program from

11:30 a.m. to 1:30 p.m.; Precious Corals

from 1:30 p.m. to 3 p.m.; Crustaceans

from 1:30 p.m. to 3 p.m.; Bottomfish

from 3 p.m. to 4:30 p.m; Ecosystem and

Habitat from 3 p.m. to 4:30 p.m.; and

Fishery Rights of Indigenous People

from 4:30 p.m. to 5:30 p.m.

Public Hearings

A public hearing on new entry criteria

for the Mau Zone bottomfish fishery

will be held on Wednesday, November

29, 2000, at 3 p.m.

In addition, the Council will hear

recommendations from its advisory

panels, plan teams, scientific and

statistical committee, and other ad hoc

groups. The order in which agenda

items are addressed may change. The

Council will meet as late as necessary to

complete scheduled business.

Agenda

1. Introductions

2. Approval of Agenda

3. Approval of 105th and 106th Meeting

Minutes

4. Island Reports

A. American Samoa

B. Guam

C. Hawaii

D. Commonwealth of the Northern

Mariana Islands (CNMI)

5. Federal Agency and Organization

Reports

A. Department of Commerce

(1) NMFS

(a) Southwest Region, Pacific Island

Area Office

(b) Southwest Fisheries Science

Center, La Jolla and Honolulu

Laboratories

(2) NOAA General Counsel,

Southwest Region

B. Department of the Interior

(1) U.S. Fish and Wildlife Service

C. U.S. State Department

6. Enforcement

A. U.S. Coast Guard activities

B. NMFS activities

C. Commonwealth, Territories, and

State activities

D. Cooperative agreements for Guam/

CNMI

E. Status of violations

7. Vessel Monitoring System (VMS)

A. Hawaii VMS report

B. Report on national VMS efforts

8. Presentation on Transition Zone

Chlorophyll Front

9. Precious Corals

A. Status of framework amendment

regarding new harvesting requirements

B. Status of framework adjustment

regarding Hawaiian Islands exploratory

area quota increase

C. New bed definition and associated

permitting

D. Precious Coral draft environmental

impact statement

10. Bottomfish Fisheries

A. Update on State of Hawaii area

closures

B. Mau Zone framework amendment

C. Status of litigation

D. Status of section 7 consultation

E. Draft Bottomfish EIS

F. Observer program

G. Public hearing on new entry criteria

for the Mau Zone bottomfish fishery

The Council has developed a

framework amendment to the Fishery

Management Plan for Bottomfish and

Seamount Groundfish Fisheries of the

Western Pacific Region. The amendment

will establish criteria for new entry into

the limited access Mau Zone bottomfish

fishery around the NWHI. In developing

the framework document, the Council

considered a range of alternatives and

impacts on NWHI bottomfish fishery.

Currently, there are no Federal

regulations that specify how new

permits are to be issued for the Mau

Zone fishery once the number of vessels

in the Zone falls below the target