19638 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

DEPARTMENT OF AGRICULTURE

7 CFR Part 3016

DEPARTMENT OF ENERGY

10 CFR Part 600

SMALL BUSINESS ADMINISTRATION

13 CFR Part 143

DEPARTMENT OF COMMERCE

15 CFR Part 24

OFFICE OF NATIONAL DRUG

CONTROL POLICY

21 CFR Part 1403

DEPARTMENT OF STATE

22 CFR Part 135

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 85

DEPARTMENT OF JUSTICE

28 CFR Part 66

DEPARTMENT OF LABOR

29 CFR Part 97

FEDERAL MEDIATION AND

CONCILIATION SERVICE

29 CFR Part 1470

DEPARTMENT OF DEFENSE

32 CFR Part 33

DEPARTMENT OF EDUCATION

34 CFR Part 80

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1207

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 43

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 31

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 105–71

DEPARTMENT OF THE INTERIOR

43 CFR Part 12

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 13

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

45 CFR Part 92

NATIONAL SCIENCE FOUNDATION

45 CFR Part 602

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment for the Arts

45 CFR Part 1157

National Endowment for the

Humanities

45 CFR Part 1174

Institute of Museum Services

45 CFR Part 1183

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

45 CFR Part 2541

DEPARTMENT OF TRANSPORTATION

49 CFR Part 18

Grants and Cooperative Agreements to

State and Local Governments

AGENCIES: Department of Agriculture,

Department of Commerce, Department

of Defense, Department of Education,

Department of Energy, Department of

Health and Human Services,

Department of Housing and Urban

Development, Department of the

Interior, Department of Justice,

Department of Labor, Department of

State, Department of Transportation,

Department of Veterans Affairs,

Corporation for National and

Community Service, Environmental

Protection Agency, Federal Emergency

Management Agency, Federal Mediation

and Conciliation Service, General

Services Administration, Institute of

Museum Services, National Archives

and Records Administration, National

Endowment for the Arts, National

Endowment for the Humanities,

National Science Foundation, Office of

National Drug Control Policy, Small

Business Administration.

ACTION: Final rule.

SUMMARY: In response to a

recommendation by the National

Performance Review, this final revision

to the grants management common rule,

‘‘Uniform Administrative Requirements

for Grants and Cooperative Agreements

to State and Local Governments,’’

originally issued in the March 11, 1988,

Federal Register, raises the dollar

threshold for simplified procedures for

small purchases (simplified acquisition

threshold) by State and local grantees.

The agencies’ common rule provides

uniform fiscal and administrative

requirements applicable to all types of

grants and cooperative agreements to

State and local governments.

EFFECTIVE DATE: This rule is effective

May 19, 1995.

FOR FURTHER INFORMATION CONTACT: See

preambles of the individual agencies

below.

SUPPLEMENTARY INFORMATION:

Background

In 1983, a 20-agency task force

explored streamlining grants

management and reviewed OMB

Circular A–102, ‘‘Uniform

Administrative Requirements for Grants

to State and Local Governments.’’

In response, two governmentwide

documents were eventually issued: a

March 1988 common rule (53 FR 8034–

8103) containing fiscal and

administrative requirements for grants

and cooperative agreements to State and

local governments (grantees) and

subrecipients which are State and local

governments (subgrantees), and a March

1988 revised OMB Circular A–102 (53

FR 8028–8032)—directed solely to

Federal agencies—containing guidance

to Federal agencies on how they should

manage the award and administration of

Federal grants. Consistent with a March

12, 1987, Presidential memorandum, all

affected agencies adopted the common

rule verbatim, except where

inconsistent with specific statutory

requirements.

In September 1993, in Creating a

Government that Works Better and Costs

Less, the National Performance Review

(NPR) made a recommendation to

‘‘Simplify administration by modifying

the common grant rules on small

purchases’’ (FSL05). Specifically, NPR

recommended an increase in the dollar

threshold for small purchases

(simplified acquisition threshold) by

local governments from $25,000 to

$100,000. NPR also made a companion

recommendation in the area of

reinventing Federal procurement to

‘‘Establish new simplified acquisition

threshold and procedures’’ (PROC04).

This recommendation sought legislation

to simplify small purchases by raising

the threshold for the use of simplified

acquisition procedures from $25,000 to

$100,000.

In a February 1994 accompanying

report of the NPR entitled Creating a

Government that Works Better & Costs

Less—Strengthening the Partnership in

Intergovernmental Service Delivery,

NPR elaborated on recommendation

FSL05. NPR stated ‘‘Local governments

have found the $25,000 limit to be

overly restrictive, especially for the

purchase of small vehicles that often

exceed this amount. For example, to

procure one small van with federal

funds to satisfy Americans with

Disabilities Act requirements, grantees

must formally advertise and solicit

sealed public bids. This requirement

delays the procurement process and

prevents grantees from acquiring rolling

stock quickly’’ (page 21).

In many cases, State statutes set a

small purchase threshold below the

Federal small purchase threshold. State

and local governments are encouraged

to amend their thresholds in similar
Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19639

fashion so that grantees will be able to

more fully benefit from the change in

Federal requirements in this

rulemaking.

On October 13, 1994, President

Clinton signed Public Law 103–355, the

Federal Acquisition Streamlining Act of

1994. The Act amended 41 U.S.C.

403(11) to read ‘‘The term ‘simplified

acquisition threshold’ means $100,000.’’

Formerly, this section defined the

‘‘small purchase threshold’’ at $25,000.

Thus, the proposed rule’s language

reading ‘‘the greater of $100,000 or the

small purchase threshold fixed at 41

U.S.C. 403(11) (currently set at

$25,000)’’ anticipated this new Act, and

is fully consistent with it.

Also, since the latest revision to OMB

Circular A–110, ‘‘Uniform

Administrative Requirements for Grants

and Agreements with Institutions of

Higher Education, Hospitals, and Other

Non-Profit Organizations,’’ published in

the Federal Register on November 29,

1993 (58 FR 62992–63005), states at

paragraph lll.44(e)(2), ‘‘The

procurement is expected to exceed the

small purchase threshold fixed at 41

U.S.C. 403 (11) (currently $25,000),’’

OMB has determined that the $100,000

threshold already applies to grants with

institutions of higher education,

hospitals, and other non-profit

organizations.

On October 14, 1994, OMB published

in the Federal Register a final revision

to OMB Circular A–102 (59 FR 52224–

52227).

Public Comments

On October 25, 1994, the agencies

proposed amendments to the grants

management common rule (59 FR

53706–53713). Fifteen public and

agency comments were received. All

basically supported the increase in the

threshold, although some were

concerned about whether the increase

would have the intended effect in light

of some lower State and local

thresholds. Some commenters also

indicated other desirable changes in

grants administration for consideration

in future rulemaking actions.

One commenter asked for a

clarification whether professional

services costing less than $100,000

could be procured under the small

purchase procedures. The common rule

does not provide for any different

procedures for the procurement of

professional services, except for the

procurement of architectural/

engineering (A/E) services. Grantees

may use qualifications-based

competitive proposals for the

procurement of A/E professional

services (see section lll.36(d)(3)(v)).

However, this is not a requirement and

grantees are authorized to use small

purchase procedures for procuring A/E

professional services.

Text Changes

In response to the new Federal

Acquisition Streamlining Act, the

following changes in the proposed text

are reflected in the final text: (a) the

term ‘‘simplified acquisition threshold’’

replaces the term ‘‘small purchase

threshold,’’ (b) the threshold level is

now set at $100,000 instead of $25,000,

and (c) the language reading ‘‘the greater

of $100,000 or the small purchase

threshold’’ now merely reads ‘‘the

simplified acquisition threshold.’’ In

addition, ‘‘Contracts other than small

purchases’’ in section lll.36(i)(1) has

been changed to ‘‘Contracts more than

the simplified acquisition threshold.’’

The language changes are reflected in

the following eight paragraphs in

section lll.36: (d)(1), (g)(2)

introductory text, (g)(2)(ii), (g)(2)(iii),

(g)(2)(iv), (g)(2)(v), (h) introductory text,

and (i)(1).

Impact Analysis

Executive Order 12866

The participating agencies have

determined that this rule is ‘‘not

significant’’ for purposes of Executive

Order 12866.

Regulatory Flexibility Act of 1980

The participating agencies certify to

the Chief Counsel for Advocacy of the

Small Business Administration that this

rule will not have a significant

economic impact on a substantial

number of small entities. The rule does

not affect the amount of funds provided

in the covered programs, but rather

modifies and updates an administrative

and procedural requirement that

reduces burden on small entities. As

such, a Regulatory Flexibility Analysis

has not been prepared.

Paperwork Reduction Act

The participating agencies certify that

this final rule does not impose any

reporting or recordkeeping requirements

under the Paperwork Reduction Act of

1980, 44 U.S.C. Chapter 35.

Text of the Final Common Rule

The text of the final common rule

appears below:

PART lll—UNIFORM

ADMINISTRATIVE REQUIREMENTS

FOR GRANTS AND COOPERATIVE

AGREEMENTS TO STATE AND LOCAL

GOVERNMENTS

1. Section lll.36 is amended by

revising paragraphs (d), (g), (h) and (i)

to read as follows:

lll.36 Procurement.

* * * * *

(d) Methods of procurement to be

followed (1) Procurement by small

purchase procedures. Small purchase

procedures are those relatively simple

and informal procurement methods for

securing services, supplies, or other

property that do not cost more than the

simplified acquisition threshold fixed at

41 U.S.C. 403(11) (currently set at

$100,000). If small purchase procedures

are used, price or rate quotations shall

be obtained from an adequate number of

qualified sources.

(2) Procurement by sealed bids

(formal advertising). Bids are publicly

solicited and a firm-fixed-price contract

(lump sum or unit price) is awarded to

the responsible bidder whose bid,

conforming with all the material terms

and conditions of the invitation for bids,

is the lowest in price. The sealed bid

method is the preferred method for

procuring construction, if the conditions

in lll.36(d)(2)(i) apply.

(i) In order for sealed bidding to be

feasible, the following conditions

should be present:

(A) A complete, adequate, and

realistic specification or purchase

description is available;

(B) Two or more responsible bidders

are willing and able to compete

effectively and for the business; and

(C) The procurement lends itself to a

firm fixed price contract and the

selection of the successful bidder can be

made principally on the basis of price.

(ii) If sealed bids are used, the

following requirements apply:

(A) The invitation for bids will be

publicly advertised and bids shall be

solicited from an adequate number of

known suppliers, providing them

sufficient time prior to the date set for

opening the bids;

(B) The invitation for bids, which will

include any specifications and pertinent

attachments, shall define the items or

services in order for the bidder to

properly respond;

(C) All bids will be publicly opened

at the time and place prescribed in the

invitation for bids;

(D) A firm fixed-price contract award

will be made in writing to the lowest

responsive and responsible bidder.

Where specified in bidding documents,
19640 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

factors such as discounts, transportation

cost, and life cycle costs shall be

considered in determining which bid is

lowest. Payment discounts will only be

used to determine the low bid when

prior experience indicates that such

discounts are usually taken advantage

of; and

(E) Any or all bids may be rejected if

there is a sound documented reason.

(3) Procurement by competitive

proposals. The technique of competitive

proposals is normally conducted with

more than one source submitting an

offer, and either a fixed-price or costreimbursement type contract is

awarded. It is generally used when

conditions are not appropriate for the

use of sealed bids. If this method is

used, the following requirements apply:

(i) Requests for proposals will be

publicized and identify all evaluation

factors and their relative importance.

Any response to publicized requests for

proposals shall be honored to the

maximum extent practical;

(ii) Proposals will be solicited from an

adequate number of qualified sources;

(iii) Grantees and subgrantees will

have a method for conducting technical

evaluations of the proposals received

and for selecting awardees;

(iv) Awards will be made to the

responsible firm whose proposal is most

advantageous to the program, with price

and other factors considered; and

(v) Grantees and subgrantees may use

competitive proposal procedures for

qualifications-based procurement of

architectural/engineering (A/E)

professional services whereby

competitors’ qualifications are evaluated

and the most qualified competitor is

selected, subject to negotiation of fair

and reasonable compensation. The

method, where price is not used as a

selection factor, can only be used in

procurement of A/E professional

services. It cannot be used to purchase

other types of services though A/E firms

are a potential source to perform the

proposed effort.

(4) Procurement by noncompetitive

proposals is procurement through

solicitation of a proposal from only one

source, or after solicitation of a number

of sources, competition is determined

inadequate.

(i) Procurement by noncompetitive

proposals may be used only when the

award of a contract is infeasible under

small purchase procedures, sealed bids

or competitive proposals and one of the

following circumstances applies:

(A) The item is available only from a

single source;

(B) The public exigency or emergency

for the requirement will not permit a

delay resulting from competitive

solicitation;

(C) The awarding agency authorizes

noncompetitive proposals; or

(D) After solicitation of a number of

sources, competition is determined

inadequate.

(ii) Cost analysis, i.e., verifying the

proposed cost data, the projections of

the data, and the evaluation of the

specific elements of costs and profits, is

required.

(iii) Grantees and subgrantees may be

required to submit the proposed

procurement to the awarding agency for

pre-award review in accordance with

paragraph (g) of this section.

* * * * *

(g) Awarding agency review. (1)

Grantees and subgrantees must make

available, upon request of the awarding

agency, technical specifications on

proposed procurements where the

awarding agency believes such review is

needed to ensure that the item and/or

service specified is the one being

proposed for purchase. This review

generally will take place prior to the

time the specification is incorporated

into a solicitation document. However,

if the grantee or subgrantee desires to

have the review accomplished after a

solicitation has been developed, the

awarding agency may still review the

specifications, with such review usually

limited to the technical aspects of the

proposed purchase.

(2) Grantees and subgrantees must on

request make available for awarding

agency pre-award review procurement

documents, such as requests for

proposals or invitations for bids,

independent cost estimates, etc. when:

(i) A grantee’s or subgrantee’s

procurement procedures or operation

fails to comply with the procurement

standards in this section; or

(ii) The procurement is expected to

exceed the simplified acquisition

threshold and is to be awarded without

competition or only one bid or offer is

received in response to a solicitation; or

(iii) The procurement, which is

expected to exceed the simplified

acquisition threshold, specifies a ‘‘brand

name’’ product; or

(iv) The proposed award is more than

the simplified acquisition threshold and

is to be awarded to other than the

apparent low bidder under a sealed bid

procurement; or

(v) A proposed contract modification

changes the scope of a contract or

increases the contract amount by more

than the simplified acquisition

threshold.

(3) A grantee or subgrantee will be

exempt from the pre-award review in

paragraph (g)(2) of this section if the

awarding agency determines that its

procurement systems comply with the

standards of this section.

(i) A grantee or subgrantee may

request that its procurement system be

reviewed by the awarding agency to

determine whether its system meets

these standards in order for its system

to be certified. Generally, these reviews

shall occur where there is a continuous

high-dollar funding, and third-party

contracts are awarded on a regular basis.

(ii) A grantee or subgrantee may selfcertify its procurement system. Such

self-certification shall not limit the

awarding agency’s right to survey the

system. Under a self-certification

procedure, awarding agencies may wish

to rely on written assurances from the

grantee or subgrantee that it is

complying with these standards. A

grantee or subgrantee will cite specific

procedures, regulations, standards, etc.,

as being in compliance with these

requirements and have its system

available for review.

(h) Bonding requirements. For

construction or facility improvement

contracts or subcontracts exceeding the

simplified acquisition threshold, the

awarding agency may accept the

bonding policy and requirements of the

grantee or subgrantee provided the

awarding agency has made a

determination that the awarding

agency’s interest is adequately

protected. If such a determination has

not been made, the minimum

requirements shall be as follows:

(1) A bid guarantee from each bidder

equivalent to five percent of the bid

price. The ‘‘bid guarantee’’ shall consist

of a firm commitment such as a bid

bond, certified check, or other

negotiable instrument accompanying a

bid as assurance that the bidder will,

upon acceptance of his bid, execute

such contractual documents as may be

required within the time specified.

(2) A performance bond on the part of

the contractor for 100 percent of the

contract price. A ‘‘performance bond’’ is

one executed in connection with a

contract to secure fulfillment of all the

contractor’s obligations under such

contract.

(3) A payment bond on the part of the

contractor for 100 percent of the

contract price. A ‘‘payment bond’’ is

one executed in connection with a

contract to assure payment as required

by law of all persons supplying labor

and material in the execution of the

work provided for in the contract.

(i) Contract provisions. A grantee’s

and subgrantee’s contracts must contain

provisions in paragraph (i) of this

section. Federal agencies are permitted
Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19641

to require changes, remedies, changed

conditions, access and records

retention, suspension of work, and other

clauses approved by the Office of

Federal Procurement Policy.

(1) Administrative, contractual, or

legal remedies in instances where

contractors violate or breach contract

terms, and provide for such sanctions

and penalties as may be appropriate.

(Contracts more than the simplified

acquisition threshold)

(2) Termination for cause and for

convenience by the grantee or

subgrantee including the manner by

which it will be effected and the basis

for settlement. (All contracts in excess

of $10,000)

(3) Compliance with Executive Order

11246 of September 24, 1965, entitled

‘‘Equal Employment Opportunity,’’ as

amended by Executive Order 11375 of

October 13, 1967, and as supplemented

in Department of Labor regulations (41

CFR chapter 60). (All construction

contracts awarded in excess of $10,000

by grantees and their contractors or

subgrantees)

(4) Compliance with the Copeland

‘‘Anti-Kickback’’ Act (18 U.S.C. 874) as

supplemented in Department of Labor

regulations (29 CFR Part 3). (All

contracts and subgrants for construction

or repair)

(5) Compliance with the Davis-Bacon

Act (40 U.S.C. 276a to 276a–7) as

supplemented by Department of Labor

regulations (29 CFR Part 5).

(Construction contracts in excess of

$2000 awarded by grantees and

subgrantees when required by Federal

grant program legislation)

(6) Compliance with Sections 103 and

107 of the Contract Work Hours and

Safety Standards Act (40 U.S.C. 327–

330) as supplemented by Department of

Labor regulations (29 CFR Part 5).

(Construction contracts awarded by

grantees and subgrantees in excess of

$2000, and in excess of $2500 for other

contracts which involve the

employment of mechanics or laborers)

(7) Notice of awarding agency

requirements and regulations pertaining

to reporting.

(8) Notice of awarding agency

requirements and regulations pertaining

to patent rights with respect to any

discovery or invention which arises or

is developed in the course of or under

such contract.

(9) Awarding agency requirements

and regulations pertaining to copyrights

and rights in data.

(10) Access by the grantee, the

subgrantee, the Federal grantor agency,

the Comptroller General of the United

States, or any of their duly authorized

representatives to any books,

documents, papers, and records of the

contractor which are directly pertinent

to that specific contract for the purpose

of making audit, examination, excerpts,

and transcriptions.

(11) Retention of all required records

for three years after grantees or

subgrantees make final payments and all

other pending matters are closed.

(12) Compliance with all applicable

standards, orders, or requirements

issued under section 306 of the Clean

Air Act (42 U.S.C. 1857(h)), section 508

of the Clean Water Act (33 U.S.C. 1368),

Executive Order 11738, and

Environmental Protection Agency

regulations (40 CFR part 15). (Contracts,

subcontracts, and subgrants of amounts

in excess of $100,000)

(13) Mandatory standards and policies

relating to energy efficiency which are

contained in the state energy

conservation plan issued in compliance

with the Energy Policy and

Conservation Act (Pub. L. 94–163, 89

Stat. 871).

Adoption of Final Common Rule

The agency-specific adoptions of the

final common rule, which appears at the

end of the common preamble, appear

below.

DEPARTMENT OF AGRICULTURE

7 CFR Part 3016

RIN 0503–AA08

FOR FURTHER INFORMATION CONTACT:

Gerald Miske, Supervisory Management

Analyst, Federal Assistance and Fiscal

Policy Division, U.S. Department of

Agriculture, Washington, DC 20250,

(202) 720–1553.

List of Subjects in 7 CFR Part 3016

Accounting, Contract programs, Grant

programs—agriculture,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Issued at Washington, DC.

Anthony A. Williams,

Chief Financial Officer.

Approved:

Dan Glickman,

Secretary of Agriculture.

Title 7 of the Code of Federal

Regulations, part 3016 is amended as

follows.

PART 3016—UNIFORM

ADMINISTRATIVE REQUIREMENTS

FOR GRANTS AND COOPERATIVE

AGREEMENTS TO STATE AND LOCAL

GOVERNMENTS

1. The authority for part 3016

continues to read as follows:

Authority: 5 U.S.C. 301.

2. Section 3016.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 3410–90–P

DEPARTMENT OF ENERGY

10 CFR Part 600

RIN 1991–AB15

FOR FURTHER INFORMATION CONTACT:

Cherlyn Seckinger, Business and

Financial Policy Division (HR–51) U.S.

Department of Energy, 1000

Independence Avenue, SW.,

Washington, DC 20585, (202) 586–8192.

List of Subjects in 10 CFR Part 600

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Richard H. Hopf,

Deputy Assistant Secretary for Procurement

and Assistance Management.

Title 10 of the Code of Federal

Regulations, part 600 is amended as

follows.

PART 600—FINANCIAL ASSISTANCE

RULES

Subpart C—Uniform Administrative

Requirements for Grants and

Cooperative Agreements to State and

Local Governments

1. The authority for part 600

continues to read as follows:

Authority: Secs. 644 and 646, Pub. L. 95–

91, 91 Stat. 599 (42 U.S.C. 7254 and 7256);

Pub. L. 97–258, 96 Stat. 1003–1005 (31 U.S.C.

6301–6308).

2. Section 600.236 [lll.36] is

amended as set forth at the end of the

common preamble.

BILLING CODE 6450–01–M

SMALL BUSINESS ADMINISTRATION

13 CFR Part 143

FOR FURTHER INFORMATION CONTACT:

Calvin Jenkins, Assistant Administrator

for Administration, 202–205–6630.

List of Subjects in 13 CFR Part 143

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Philip Lader,

Administrator.

Title 13 of the Code of Federal

Regulations, part 143 is amended as

follows:
19642 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

PART 143—UNIFORM

ADMINISTRATIVE REQUIREMENTS

FOR GRANTS AND COOPERATIVE

AGREEMENTS TO STATE AND LOCAL

GOVERNMENTS

1. The for part 143 continues to read

as follows:

Authority: 15 U.S.C. 634(b)(6).

2. Section 143.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 8025–01–M

DEPARTMENT OF COMMERCE

15 CFR Part 24

RIN 0605–AA04

FOR FURTHER INFORMATION CONTACT: John

J. Phelan, III, 202–482–4115.

List of Subjects in 15 CFR Part 24

Accounting, Contract programs,

Grants programs, Intergovernmental

relations, Reporting and recordkeeping

requirements.

Sonya G. Stewart,

Director, Office of Executive Budgeting and

Assistance Management.

Title 15 of the Code of Federal

Regulations, part 24 is amended as

follows.

PART 24—UNIFORM ADMINISTRATIVE

REQUIREMENTS FOR GRANTS AND

COOPERATIVE AGREEMENTS TO

STATE AND LOCAL GOVERNMENTS

1. The authority for part 24 continues

to read as follows:

Authority: 5 U.S.C. 301.

2. Section 24.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 3510–FA–M

OFFICE OF NATIONAL DRUG

CONTROL POLICY

21 CFR Part 1403

RIN 3201–ZA00

FOR FURTHER INFORMATION CONTACT:

Richard Yamamoto, Director, High

Intensity Drug Trafficking Areas

Program, (202) 395–6755.

List of Subjects in 21 CFR Part 1403

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Lee P. Brown,

Director.

Title 21 of the Code of Federal

Regulations, part 1403 is amended as

follows.

PART 1403—UNIFORM

ADMINISTRATIVE REQUIREMENTS

FOR GRANTS AND COOPERATIVE

AGREEMENTS TO STATE AND LOCAL

GOVERNMENTS

1. The authority for part 1403

continues to read as follows:

Authority: 5 U.S.C. 301.

2. Section 1403.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 3180–02–M

DEPARTMENT OF STATE

22 CFR Part 135

RIN 1400–AA53

FOR FURTHER INFORMATION CONTACT:

Robert Lloyd, Office of the Procurement

Executive, 703–516–1690.

List of Subjects in 22 CFR Part 135

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Lloyd W. Pratsch,

Procurement Executive.

Title 22 of the Code of Federal

Regulations, Part 135 is amended as

follows:

PART 135—UNIFORM

ADMINISTRATIVE REQUIREMENTS

FOR GRANTS AND COOPERATIVE

AGREEMENTS TO STATE AND LOCAL

GOVERNMENTS

1. The authority for part 135

continues to read as follows:

Authority: 22 U.S.C. 2658.

2. Section 135.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 4710–24–M

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 85

RIN 2535–AA22

FOR FURTHER INFORMATION CONTACT:

Edward L. Girovasi, Jr., Director, Policy

and Evaluation Division, (202) 708–

0294. TDD: (202) 708–1112.

List of Subjects in 24 CFR Part 85

Accounting, Contract programs, Grant

programs, Indians, Intergovernmental

relations, Reporting and recordkeeping

requirements.

Henry G. Cisneros,

Secretary.

Title 24 of the Code of Federal

Regulations, part 85 is amended as

follows:

PART 85—ADMINISTRATIVE

REQUIREMENTS FOR GRANTS AND

COOPERATIVE AGREEMENTS TO

STATE, LOCAL AND FEDERALLY

RECOGNIZED INDIAN TRIBAL

GOVERNMENTS

1. The authority for part 85 continues

to read as follows:

Authority: 42 U.S.C. 3535(d).

2. Section 85.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 4210–32–M

DEPARTMENT OF JUSTICE

28 CFR Part 66

[OJP No. 1007F; A.G. Order No. 1961–95]

RIN 1121–AA16

FOR FURTHER INFORMATION CONTACT:

Cynthia J. Schwimer, Director, Financial

Management Division, 202–307–3186.

List of Subjects in 28 CFR Part 66

Accounting, Contract programs, Grant

programs, Intergovernmental relations;

Reporting and recordkeeping

requirements.

Janet Reno,

Attorney General.

Title 28, Chapter I, of the Code of

Federal Regulations, part 66 is amended

as follows.

PART 66—UNIFORM ADMINISTRATIVE

REQUIREMENTS FOR GRANTS AND

COOPERATIVE AGREEMENTS TO

STATE AND LOCAL GOVERNMENTS

1. The authority for part 66 is revised

to read as follows:

Authority: 18 U.S.C. 4042, 4351–4353; 42

U.S.C. 3711 et seq., 5601 et seq., 10601 et seq.

2. Sections 66.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 4410–18–M
Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19643

DEPARTMENT OF LABOR

29 CFR Part 97

RIN 1291–AA22

FOR FURTHER INFORMATION CONTACT:

Melvin Goldberg, Chief, Division of

Procurement and Grant Policy, (202)

219–9174.

List of Subjects in 29 CFR Part 97

Accounting, Contract programs,

Grants programs, Intergovernmental

relations, Reporting and recordkeeping

requirements.

Cynthia A. Metzler,

Assistant Secretary for Administration and

Management.

Title 27 of the Code of Federal

Regulations, part 97 is amended as

follows:

PART 97—UNIFORM ADMINISTRATIVE

REQUIREMENTS FOR GRANTS AND

COOPERATIVE AGREEMENTS TO

STATE AND LOCAL GOVERNMENTS

1. The authority for part 97 continues

to read as follows:

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

102.

2. Section 97.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 4150–23–M

FEDERAL MEDIATION AND

CONCILIATION SERVICE

29 CFR Part 1470

RIN 3076–AA03

FOR FURTHER INFORMATION CONTACT:

Peter Regner, (202) 606–8181

List of Subjects in 29 CFR Part 1470

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

John Calhoun Wells,

Director.

Title 29 of the Code of Federal

Regulations, Part 1470 is amended as

follows.

PART 1470—UNIFORM

ADMINISTRATIVE REQUIREMENTS

FOR GRANTS AND COOPERATIVE

AGREEMENTS TO STATE AND LOCAL

GOVERNMENTS

1. The authority for part 1470

continues to read as follows:

Authority: 29 U.S.C. 175a.

2. Section 1470.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 6372–01–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 33

RIN 0790–AG05

FOR FURTHER INFORMATION CONTACT:

Mark Herbst, (703) 614–0205.

ADDITIONAL SUPPLEMENTARY INFORMATION:

The Department of Defense adopts this

amendment to the Governmentwide

common rule on administration of

grants and cooperative agreements to

State and local governments. In

adopting this rule, the Office of the

Secretary of Defense, the Military

Departments and the Defense Agencies

will maintain uniform procedures that

are consistent with those of other

Executive Departments and Agencies.

The Department of Defense originally

codified this Governmentwide rule on

March 11, 1988 (53 FR 8034), at 32 CFR

Part 278. On February 21, 1992 (57 FR

6199), Part 278 was redesignated as Part

33. This rulemaking amends the

redesignated Part 33.

List of Subjects in 32 CFR Part 33

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Linda M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

Title 32 of the Code of Federal

Regulations, part 33 is amended as

follows:

PART 33—UNIFORM ADMINISTRATIVE

REQUIREMENTS FOR GRANTS AND

COOPERATIVE AGREEMENTS TO

STATE AND LOCAL GOVERNMENTS

1. The authority for part 33 continues

to read as follows:

Authority: 5 U.S.C. 301; 10 U.S.C. 113.

2. Section 33.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 5000–04–M

DEPARTMENT OF EDUCATION

34 CFR Part 80

RIN 1880–AA63

FOR FURTHER INFORMATION CONTACT: Greg

Vick, U.S. Department of Education,

Room 3636 ROB, Washington, DC

20202–4700. Telephone: (202) 708–

8199. Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service (FIRS) at 1–800–877–8339

between 8 a.m. and 8 p.m., Eastern time,

Monday through Friday.

List of Subjects in 34 CFR Part 80

Accounting, Contract programs, Grant

programs—education,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Richard W. Riley,

Secretary of Education.

Title 34 of the Code of Federal

Regulations, part 80 is amended as

follows.

PART 80—UNIFORM ADMINISTRATIVE

REQUIREMENTS FOR GRANTS AND

COOPERATIVE AGREEMENTS TO

STATE AND LOCAL GOVERNMENTS

1. The authority for part 80 continues

to read as follows:

Authority: 20 U.S.C. 1221e–3 and 3474,

OMB Circular A–102, unless otherwise

noted.

2. Section 80.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 4000–01–M

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1207

RIN 3095–AA23

FOR FURTHER INFORMATION CONTACT:

Mary Ann Hadyka or Nancy Allard on

301–713–6730.

List of Subjects in 36 CFR Part 1207

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Trudy Huskamp Peterson,

Acting Archivist of the United States.

Title 36 of the Code of Federal

Regulations, part 1207 is amended as

follows.

PART 1207—UNIFORM

ADMINISTRATIVE REQUIREMENTS

FOR GRANTS AND COOPERATIVE

AGREEMENTS TO STATE AND LOCAL

GOVERNMENTS

1. The authority for part 1207

continues to read as follows:

Authority: 44 U.S.C. 2104.
19644 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

2. Section 1207.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 7515–01–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 43

RIN 2900–AH26

FOR FURTHER INFORMATION CONTACT:

Dale L. Renaud, Deputy Assistant

Secretary for Intergovernmental Affairs

(075), Department of Veterans Affairs,

810 Vermont Avenue, NW.,

Washington, DC 20420, (202) 273–5760.

List of Subjects in 38 CFR Part 43

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Jesse Brown,

Secretary of Veterans Affairs.

Title 38 of the Code of Federal

Regulations, part 43 is amended as

follows:

PART 43—UNIFORM ADMINISTRATIVE

REQUIREMENTS FOR GRANTS AND

COOPERATIVE AGREEMENTS TO

STATE AND LOCAL GOVERNMENTS

1. The authority for part 43 is revised

to read as follows:

Authority: 38 U.S.C. 501, 1712.

2. Section 43.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 8320–01–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 31

RIN 2030–AA34

FOR FURTHER INFORMATION CONTACT:

Linda Yancey, Grants Policy and

Procedures Branch, Grants

Administration Division (3903F), 401 M

Street SW., Washington, DC 20460,

(202) 260–5264.

List of Subjects in 40 CFR Part 31

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: March 31, 1995.

Carol M. Browner,

Administrator.

Title 40 of the Code of Federal

Regulations, part 31 is amended as

follows.

PART 31—UNIFORM ADMINISTRATIVE

REQUIREMENTS FOR GRANTS AND

COOPERATIVE AGREEMENTS TO

STATE AND LOCAL GOVERNMENTS

1. The authority for part 31 continues

to read as follows:

Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C.

7401 et seq.; 42 U.S.C. 6901 et seq.; 42 U.S.C.

300f et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C.

2601 et seq.; 42 U.S.C. 9601 et seq.; 20 U.S.C.

4011 et seq.; 33 U.S.C. 1401 et seq.

2. Section 31.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 6560–01–M

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 105–71

RIN 3090–AF–59

FOR FURTHER INFORMATION CONTACT: John

P. Dyer, General Services

Administration, Public Buildings

Service, Office of Federal Protective

Service, 18th and F Streets, NW, Room

7316, Washington, DC 20405.

Telephone: (202) 501–0160.

List of Subjects in 41 CFR Part 105–71

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: April 6, 1995.

Julia M. Stasch,

Acting Administrator of General Services.

Title 41 of the Code of Federal

Regulations, part 105–71 is amended as

follows:

PART 105–71—UNIFORM

ADMINISTRATIVE REQUIREMENTS

FOR GRANTS AND COOPERATIVE

AGREEMENTS TO STATE AND LOCAL

GOVERNMENTS

1. The authority for part 105–71

continues to read as follows:

Authority: Sec. 205(c), 63 Stat. 390 (40

U.S.C. 486(c)).

2. Section 105–71.136 [lll.36] is

amended as set forth at the end of the

common preamble.

BILLING CODE 6820–23–M

DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 12

RIN 1090–AA47

FOR FURTHER INFORMATION CONTACT:

Dean A. Titcomb, Chief, Acquisition

and Assistance Division, (202) 208–

6431.

List of Subjects in 43 CFR Part 12

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: March 27, 1995.

Joseph L. Sax,

Acting Assistant Secretary—Policy,

Management and Budget.

Title 43 of the Code of Federal

Regulations, Part 12 is amended as

follows.

PART 12—ADMINISTRATIVE AND

AUDIT REQUIREMENTS AND COST

PRINCIPLES FOR ASSISTANCE

PROGRAMS

1. The authority for part 12 continues

to read as follows:

Authority: 5 U.S.C. 301; U.S.C. 6101 note,

7501; 41 U.S.C. 252a; 701 et seq.; sec. 307,

Pub. L. 103–332, 108 Stat. 2499; sec. 501,

Pub. L. 103–316, 108 Stat. 1723; E.O. 12549,

3 CFR, 1986 Comp., p. 189; E.O. 12674, 3

CFR, 1989 Comp., p. 215; E.O. 12731, 3 CFR,

1990 Comp., p. 306; OMB Circular A–102;

OMB Circular A–110; OMB Circular A–128;

and OMB Circular A–133.

Subpart C—Uniform Administrative

Requirements for Grants and

Cooperative Agreements to State and

Local Governments

2. Section 12.76 [ll.36] is amended

as set forth at the end of the common

preamble.

BILLING CODE 4310–RF–M

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 13

FOR FURTHER INFORMATION CONTACT:

Charles F. McNulty, Federal Emergency

Management Agency, 500 C Street SW.,

Washington, DC 20472, (202) 646–2976.

List of Subjects in 44 CFR Part 13

Accounting, Contract programs, Grant

programs, Intergovernmental relations,
Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19645

Reporting and recordkeeping

requirements.

Harvey G. Ryland,

Deputy Director.

Title 44 of the Code of Federal

Regulations, part 13 is amended as

follows.

PART 13—UNIFORM ADMINISTRATIVE

REQUIREMENTS FOR GRANTS AND

COOPERATIVE AGREEMENTS TO

STATE AND LOCAL GOVERNMENTS

1. The authority for part 13 is revised

to read as follows:

Authority: Reorg. Plan No. 3, 1978; E.O.

12148, 3 CFR, 1979 Comp., p. 412.

2. Section 13.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 6718–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

45 CFR Part 92

RIN 0991–AA77

FOR FURTHER INFORMATION CONTACT:

Charles Gale, Director, Division of

Grants Policy and Oversight, 202–690–

6377. For the hearing impaired only:

Telecommunications Device for the Deaf

202–690–6415.

ADDITIONAL SUPPLEMENTARY INFORMATION:

For clarification, in addition to applying

to State and local governments, this

amendment also applies to Indian Tribal

governments.

List of Subjects in 45 CFR Part 92

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: April 4, 1995.

Donna E. Shalala,

Secretary.

Title 45 of the Code of Federal

Regulations, part 92 is amended as

follows.

PART 92—UNIFORM ADMINISTRATIVE

REQUIREMENTS FOR GRANTS AND

COOPERATIVE AGREEMENTS TO

STATE AND LOCAL GOVERNMENTS

1. The authority for part 92 continues

to read as follows:

Authority: 5 U.S.C. 301.

2. Section 92.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 4150–04–M

NATIONAL SCIENCE FOUNDATION

45 CFR Part 602

RIN 3145–AA30

FOR FURTHER INFORMATION CONTACT: Jean

Feldman, Deputy Head, Policy Office,

Division of Contracts, Policy &

Oversight, 703–306–1243. For the

hearing impaired only:

Telecommunications Device for the

Deaf, (703) 306–0090.

List of Subjects in 45 CFR Part 602

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Joseph L. Kull,

Chief Financial Officer.

Title 45 of the Code of Federal

Regulations, part 602 is amended as

follows.

PART 602—UNIFORM

ADMINISTRATIVE REQUIREMENTS

FOR GRANTS AND COOPERATIVE

AGREEMENTS TO STATE AND LOCAL

GOVERNMENTS

1. The authority for part 602

continues to read as follows:

Authority: 42 U.S.C. 1870(a).

2. Section 602.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 7555–01–M

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment for the Arts

45 CFR Part 1157

RIN 3135–AA12

FOR FURTHER INFORMATION CONTACT: Ms.

Donna DiRicco, Acting Grants Officer,

National Endowment for the Arts, (202)

682–5403.

List of Subjects in 45 CFR Part 1157

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Laurence Baden,

Deputy Chairman for Management.

Title 45 of the Code of Federal

Regulations, part 1157 is amended as

follows.

PART 1157—UNIFORM

ADMINISTRATIVE REQUIREMENTS

FOR GRANTS AND COOPERATIVE

AGREEMENTS TO STATE AND LOCAL

GOVERNMENTS

1. The authority for part 1157

continues to read as follows:

Authority: 20 U.S.C. 959(a)(1).

2. Section 1157.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 7537–01–M

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment for the

Humanities

45 CFR Part 1174

RIN 3136–AA17

FOR FURTHER INFORMATION CONTACT:

David J. Wallace, Director, Grants

Office, National Endowment for the

Humanities, 202–606–8494.

List of Subjects in 45 CFR Part 1174

Accounting, Contract programs, Grant

programs, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Sheldon Hackney,

Chairman.

Title 45 of the Code of Federal

Regulations, Part 1174 is amended as

follows.

PART 1174—UNIFORM

ADMINISTRATIVE REQUIREMENTS

FOR GRANTS AND COOPERATIVE

AGREEMENTS TO STATE AND LOCAL

GOVERNMENTS

1. The authority for part 1174

continues to read as follows:

Authority: 20 U.S.C. 959(a)(1).

2. Section 1174.36 is amended as set

forth at the end of the common

preamble.

BILLING CODE 7536–01–M

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

Institute of Museum Services

45 CFR Part 1183

FOR FURTHER INFORMATION CONTACT:

Rebecca Danvers, Program Director,

202–606–8539.

List of Subjects in 45 CFR Part 1183

Accounting, Contract programs, Grant

programs, Intergovernmental relations,