Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations 55671 

ii. For subaward information, report no 

later than the end of the month following the 

month in which the obligation was made. 

(For example, if the obligation was made on 

November 7, 2010, the obligation must be 

reported by no later than December 31, 2010.) 

3. What to report. You must report the 

information about each obligating action that 

the submission instructions posted at 

http://www.fsrs.gov specify. 

b. Reporting Total Compensation of 

Recipient Executives. 

1. Applicability and what to report. You 

must report total compensation for each of 

your five most highly compensated 

executives for the preceding completed fiscal 

year, if— 

i. the total Federal funding authorized to 

date under this award is $25,000 or more; 

ii. in the preceding fiscal year, you 

received— 

(A) 80 percent or more of your annual gross 

revenues from Federal procurement contracts 

(and subcontracts) and Federal financial 

assistance subject to the Transparency Act, as 

defined at 2 CFR 170.320 (and subawards); 

and 

(B) $25,000,000 or more in annual gross 

revenues from Federal procurement contracts 

(and subcontracts) and Federal financial 

assistance subject to the Transparency Act, as 

defined at 2 CFR 170.320 (and subawards); 

and 

iii. The public does not have access to 

information about the compensation of the 

executives through periodic reports filed 

under section 13(a) or 15(d) of the Securities 

Exchange Act of 1934 (15 U.S.C. 78m(a), 

78o(d)) or section 6104 of the Internal 

Revenue Code of 1986. (To determine if the 

public has access to the compensation 

information, see the U.S. Security and 

Exchange Commission total compensation 

filings at http://www.sec.gov/answers/

execomp.htm.) 

2. Where and when to report. You must 

report executive total compensation 

described in paragraph b.1. of this award 

term: 

i. As part of your registration profile at 

http://www.ccr.gov. 

ii. By the end of the month following the 

month in which this award is made, and 

annually thereafter. 

c. Reporting of Total Compensation of 

Subrecipient Executives. 

1. Applicability and what to report. Unless 

you are exempt as provided in paragraph d. 

of this award term, for each first-tier 

subrecipient under this award, you shall 

report the names and total compensation of 

each of the subrecipient’s five most highly 

compensated executives for the 

subrecipient’s preceding completed fiscal 

year, if— 

i. in the subrecipient’s preceding fiscal 

year, the subrecipient received— 

(A) 80 percent or more of its annual gross 

revenues from Federal procurement contracts 

(and subcontracts) and Federal financial 

assistance subject to the Transparency Act, as 

defined at 2 CFR 170.320 (and subawards); 

and 

(B) $25,000,000 or more in annual gross 

revenues from Federal procurement contracts 

(and subcontracts), and Federal financial 

assistance subject to the Transparency Act 

(and subawards); and 

ii. The public does not have access to 

information about the compensation of the 

executives through periodic reports filed 

under section 13(a) or 15(d) of the Securities 

Exchange Act of 1934 (15 U.S.C. 78m(a), 

78o(d)) or section 6104 of the Internal 

Revenue Code of 1986. (To determine if the 

public has access to the compensation 

information, see the U.S. Security and 

Exchange Commission total compensation 

filings at http://www.sec.gov/answers/ 

execomp.htm.) 

2. Where and when to report. You must 

report subrecipient executive total 

compensation described in paragraph c.1. of 

this award term: 

i. To the recipient. 

ii. By the end of the month following the 

month during which you make the subaward. 

For example, if a subaward is obligated on 

any date during the month of October of a 

given year (i.e., between October 1 and 31), 

you must report any required compensation 

information of the subrecipient by November 

30 of that year. 

d. Exemptions 

If, in the previous tax year, you had gross 

income, from all sources, under $300,000, 

you are exempt from the requirements to 

report: 

i. Subawards, 

and 

ii. The total compensation of the five most 

highly compensated executives of any 

subrecipient. 

e. Definitions. For purposes of this award 

term: 

1. Entity means all of the following, as 

defined in 2 CFR part 25: 

i. A Governmental organization, which is 

a State, local government, or Indian tribe; 

ii. A foreign public entity; 

iii. A domestic or foreign nonprofit 

organization; 

iv. A domestic or foreign for-profit 

organization; 

v. A Federal agency, but only as a 

subrecipient under an award or subaward to 

a non-Federal entity. 

2. Executive means officers, managing 

partners, or any other employees in 

management positions. 

3. Subaward: 

i. This term means a legal instrument to 

provide support for the performance of any 

portion of the substantive project or program 

for which you received this award and that 

you as the recipient award to an eligible 

subrecipient. 

ii. The term does not include your 

procurement of property and services needed 

to carry out the project or program (for 

further explanation, see Sec. ll .210 of the 

attachment to OMB Circular A–133, ‘‘Audits 

of States, Local Governments, and Non-Profit 

Organizations’’). 

iii. A subaward may be provided through 

any legal agreement, including an agreement 

that you or a subrecipient considers a 

contract. 

4. Subrecipient means an entity that: 

i. Receives a subaward from you (the 

recipient) under this award; and 

ii. Is accountable to you for the use of the 

Federal funds provided by the subaward. 

5. Total compensation means the cash and 

noncash dollar value earned by the executive 

during the recipient’s or subrecipient’s 

preceding fiscal year and includes the 

following (for more information see 17 CFR 

229.402(c)(2)): 

i. Salary and bonus. 

ii. Awards of stock, stock options, and 

stock appreciation rights. Use the dollar 

amount recognized for financial statement 

reporting purposes with respect to the fiscal 

year in accordance with the Statement of 

Financial Accounting Standards No. 123 

(Revised 2004) (FAS 123R), Shared Based 

Payments. 

iii. Earnings for services under non-equity 

incentive plans. This does not include group 

life, health, hospitalization or medical 

reimbursement plans that do not 

discriminate in favor of executives, and are 

available generally to all salaried employees. 

iv. Change in pension value. This is the 

change in present value of defined benefit 

and actuarial pension plans. 

v. Above-market earnings on deferred 

compensation which is not tax-qualified. 

vi. Other compensation, if the aggregate 

value of all such other compensation (e.g. 

severance, termination payments, value of 

life insurance paid on behalf of the 

employee, perquisites or property) for the 

executive exceeds $10,000. 

[FR Doc. 2010–22705 Filed 9–13–10; 8:45 am] 

BILLING CODE 3110–01–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

2 CFR Subtitle A, Chapter I, and Part 

25 

Financial Assistance Use of Universal 

Identifier and Central Contractor 

Registration 

AGENCY: Office of Federal Financial 

Management, Office of Management and 

Budget. 

ACTION: Final guidance. 

SUMMARY: OMB is issuing guidance to 

Federal agencies concerning two 

requirements for financial assistance 

applicants and recipients, and one 

requirement for first-tier subrecipients. 

An agency under the guidance must 

require applicants other than 

individuals, with some specific 

exceptions, to have Dun and Bradstreet 

Data Universal Numbering System 

(DUNS) numbers and maintain current 

registrations in the Central Contractor 

Registration (CCR) database. An agency 

must require applicants and recipients 

of grants and cooperative agreements to 

comply with the DUNS number and 

CCR requirements by October 1, 2010 

and require applicants and recipients of 

all other financial assistance types to 

comply by October 1, 2011. The 

guidance provides standard wording for 

a new award term that each agency must 


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55672 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations 

include in its financial assistance 

awards to require recipients to maintain 

current CCR registrations, which 

requires that they also have DUNS 

numbers. The guidance also specifies 

that each recipient may make subawards 

only to entities that have DUNS 

numbers. 

DATES: Effective September 14, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Marguerite Pridgen, Office of Federal 

Financial Management, Office of 

Management and Budget, telephone 

(202) 395–7844. 

SUPPLEMENTARY INFORMATION: 

I. Summary of Changes 

On February 18, 2010 (75 FR 7316), 

OMB proposed a number of changes to 

title 2 of the Code of Federal 

Regulations (2 CFR). Some of the 

proposed changes were to provide new 

guidance to agencies that was needed to 

implement section 872 of the Duncan 

Hunter National Defense Authorization 

Act for Fiscal Year 2009 (Pub. L. 110– 

417, hereafter referred to as ‘‘section 

872’’), as that statute applies to grants. 

Some of the other proposed changes 

were to update guidance that existed 

elsewhere and relocate it in 2 CFR to 

provide needed context for the new 

guidance implementing section 872. 

The remaining changes were 

administrative in nature, to create seven 

subchapters in 2 CFR, Chapter I, as a 

better organizational framework for 

existing and future content in that 

chapter. 

OMB now is finalizing some of those 

proposed changes, with the rest to 

follow separately. The substantive 

changes being finalized relate to the use 

of DUNS numbers and registration in 

the CCR. These changes are being 

finalized separately and expedited 

because they will enhance the quality of 

information available to the public 

when recipients begin on October 1, 

2010 to report information on 

subawards, as required by the Federal 

Funding Accountability and 

Transparency Act of 2006 (Pub. L. 109– 

282, as amended, hereafter referred to as 

‘‘the Transparency Act’’). OMB also is 

finalizing the administrative changes 

proposed in February 2010, by creating 

the new subchapters in 2 CFR, Chapter 

I. 

II. Relationship to Existing 

Requirements 

The requirement for applicants to 

have DUNS numbers is not new. OMB 

established the DUNS requirement for 

applicants for grants or cooperative 

agreements in 2003. The policy was 

published in the Federal Register [68 

FR 38402] and communicated to Federal 

agencies in OMB Memorandum M–03– 

16. The requirement was broadened to 

include applicants for other types of 

Federal financial assistance subject to 

the Transparency Act in 2008, in OMB 

Memorandum 08–19. Therefore, the sole 

effect of the guidance following this 

preamble is to relocate the requirement 

in the Code of Federal Regulations, in 2 

CFR part 25. 

There are several existing 

requirements concerning applicants’ 

registration in the CCR. For example, an 

applicant must be registered in CCR if 

it wants to submit its applications 

electronically through Grants.gov. In 

another example, several providers of 

payment management services require 

that recipients be registered in CCR 

before receiving payments. As yet 

another example, OMB Memorandum 

M–09–10 required applicants for 

funding under the American Recovery 

and Reinvestment Act of 2009 (Pub. L. 

111–5, hereafter referred to as ‘‘the 

Recovery Act’’) to register in CCR. The 

guidance following this preamble 

broadens the existing requirements to 

all other applicants for Federal financial 

assistance awards subject to the 

Transparency Act. 

Similarly, the requirement for 

recipients to maintain their registration 

in the CCR throughout the period of 

performance under their awards is not 

entirely new. The final OMB guidance 

on reporting under the Recovery Act, 

OMB Memorandum M–09–21, requires 

recipients to register in CCR in order to 

access the FederalReporting.gov site at 

which they must report. That 

memorandum also allows a recipient to 

delegate some reporting responsibilities 

to its first-tier subrecipients, in which 

case those subrecipients must register in 

the CCR in order to report (a first-tier 

subrecipient is one that receives a 

subaward directly from the prime 

recipient, as distinct from a lower-tier 

subrecipient that receives a subaward 

from another subrecipient). For prime 

recipients, the guidance following this 

preamble broadens the existing 

Recovery Act requirement to recipients 

of other awards subject to the 

Transparency Act. Although the 

guidance proposed in February 2010 

would have broadened the CCR 

requirement to first-tier subrecipients, 

the final guidance being adopted at this 

time does not require CCR registration 

for any subrecipients. 

The standard award term that 

agencies must use to communicate the 

DUNS and CCR requirements to 

recipients is new. It will help ensure 

Government-wide uniformity, a benefit 

for recipients that receive awards from 

multiple agencies. 

Applicants and recipients of grants 

and cooperative agreements must 

comply with the policy by October 1, 

2010. Applicants and recipients of all 

other financial assistance types must 

comply by a date to be provided by the 

agency. 

III. Comments and Responses 

We received comments on the 

proposed guidance in 2 CFR part 25 

from three State agencies and three 

Federal agencies. We considered the 

comments in developing the final 

guidance, which closely parallels the 

proposed guidance. We made some 

changes based on the recommendations 

and others for clarity. The following 

paragraphs summarize the comments 

and our responses: 

Comment: Three State agencies 

commented on the requirements for 

first-tier subrecipients in the award term 

in Appendix A to the proposed 2 CFR 

part 25. Two agencies cited burdens on 

subrecipients and the Transparency 

Act’s definition of ‘‘Federal award’’ as 

reasons to exempt a subrecipient from 

the requirement to register in the CCR 

if the amount of the subaward is 

$25,000 or less. The third agency asked 

whether the prime recipient would be 

required to submit verification of 

subrecipients’ compliance with the CCR 

requirement to the Federal agency and, 

if so, how frequently it would be 

required to do so. One of the agencies 

also recommended exempting 

subrecipients with awards of $25,000 or 

less from the requirement to obtain a 

DUNS number. 

Response: Agree in part. We revised 

the final guidance so that there is no 

requirement at this time for any 

subrecipient to register in the CCR. 

Concerning the requirement for first-tier 

subrecipients to obtain a DUNS number, 

we did not adopt a $25,000 threshold. 

The DUNS number still is the only 

identifier with the advantages that led 

us to establish it in 2003 as the 

universal identifier for recipients of 

grants and cooperative agreements (see 

the preamble to 68 FR 38403, June 27, 

2003). We do not agree that the one-time 

requirement to obtain a DUNS number 

is an undue hardship. We appreciate 

that first-tier subrecipients who are not 

also prime recipients of other Federal 

awards may need to adjust their 

procedures and systems initially to 

accommodate the DUNS number 

requirement, but we believe that the 

long-term benefits to transparency 

justify those changes. 

Comment: Two Federal agencies 

commented on the definition of ‘‘award’’ 


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Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations 55673 

in section 25.305 of the proposed 2 CFR 

part 25. One agency questioned whether 

excluding technical assistance and 

transfers of Federally owned property 

from the definition could have the 

inadvertent effect of exempting them 

from the effects of suspension and 

debarment actions taken under 2 CFR 

part 180, in which the term 

‘‘nonprocurement transaction’’ is 

defined in a way that would include 

them. The second agency suggested 

adding the words ‘‘for the purposes of 

this part’’ to the definition. 

Response: Agree to add ‘‘for the 

purposes of this part’’ for added clarity, 

as the term ‘‘award’’ must be defined in 

each part of 2 CFR in a way that 

conforms to the purpose of that part. For 

example, the definitions of ‘‘award’’ in 2 

CFR parts 182 and 225 differ 

significantly. Part 182 implements the 

Drug-Free Workplace Act of 1988 (41 

U.S.C. 701–707, as amended) and 

defines ‘‘award’’ to include grants and 

cooperative agreements. The definition 

of ‘‘award’’ in 2 CFR part 225, ‘‘Cost 

Principles for State, Local, and Indian 

Tribal Governments (OMB Circular A– 

87),’’ includes not only grants and other 

financial assistance awards but also cost 

reimbursement contracts, because that 

part specifies principles and standards 

for determining costs for that wider 

range of Federal funding instruments. 

Comment: A Federal agency suggested 

that we delete paragraph 25.200(a)(2) in 

the proposed 2 CFR part 25 because it 

would be burdensome for an agency to 

modify every program announcement it 

already had issued under which it 

anticipated making awards after October 

1, 2010. It further noted that the 

wording included some announcements 

under which applications already had 

been submitted. 

Response: We disagree. We did not 

delete paragraph 25.200(a)(2), as 

suggested. We revised it to require 

agencies to notify potential applicants 

only in previously issued 

announcements that have due dates for 

applications or plans after October 1, 

2010, and not all announcements under 

which awards would be made after that 

date. This does not change the fact that 

all new awards, as defined in the policy, 

after October 1, 2010 must reflect this 

reporting requirement. Providing 

potential applicants with more complete 

information about the requirements 

with which they will have to comply if 

their applications are successful is 

important, in order to enable them to 

make better informed decisions on 

whether to invest the time and expense 

in preparing applications. That benefit 

for potential applicants justifies the 

burdens on agencies associated with 

issuing amendments to the previously 

issued announcements. 

List of Subjects in 2 CFR Part 25 

Administrative practice and 

procedures, Grants administration, 

Grant programs, Loan programs. 

Danny Werfel, 

Controller. 

Authority and Issuance 

■ For the reasons set forth above, the 

Office of Management and Budget 

amends 2 CFR, subtitle A, as follows: 

SUBTITLE A 

PARTS 2–99—[TRANSFERRED TO 

CHAPTER I] 

■ 1. In subtitle A to title 2, parts 2 

through 99, which are currently 

reserved, are transferred to chapter I. 

■ 2. Subchapter A to chapter I, 

consisting of parts 2 through 19, is 

established and reserved to read as 

follows: 

Subchapter A—General Matters [Reserved] 

PARTS 2–19—[RESERVED] 

■ 3. Subchapter B to chapter I, 

consisting of parts 20 through 39, is 

established and added to read as 

follows: 

Subchapter B—Pre-Award Responsibilities 

PARTS 20–24—[RESERVED] 

PART 25—UNIVERSAL IDENTIFIER 

AND CENTRAL CONTRACTOR 

REGISTRATION 

Sec. 

Subpart A—General 

25.100 Purposes of this part. 

25.105 Types of awards to which this part 

applies. 

25.110 Types of recipient and subrecipient 

entities to which this part applies. 

25.115 Deviations. 

Subpart B—Policy 

25.200 Requirements for program 

announcements, regulations, and 

application instructions. 

25.205 Effect of noncompliance with a 

requirement to obtain a DUNS number or 

register in the CCR. 

25.210 Authority to modify agency 

application forms or formats. 

25.215 Requirements for agency 

information systems. 

25.220 Use of award term. 

Subpart C—Definitions 

25.300 Agency. 

25.305 Award. 

25.310 Central Contractor Registration 

(CCR). 

25.315 Data Universal Numbering System 

(DUNS) Number. 

25.320 Entity. 

25.325 For-profit organization. 

25.330 Foreign public entity. 

25.335 Indian Tribe (or ‘‘Federally 

recognized Indian Tribe’’). 

25.340 Local government. 

25.345 Nonprofit organization. 

25.350 State. 

25.355 Subaward. 

25.360 Subrecipient. 

Appendix A to Part 25—Award Term 

Authority: Pub. L. 109–282; 31 U.S.C. 

6102. 

Subpart A–General 

§ 25.100 Purposes of this part. 

This part provides guidance to 

agencies to establish: 

(a) The Dun and Bradstreet (D&B) 

Data Universal Numbering System 

(DUNS) number as a universal identifier 

for Federal financial assistance 

applicants, as well as recipients and 

their direct subrecipients. 

(b) The Central Contractor 

Registration (CCR) as the repository for 

standard information about applicants 

and recipients. 

§ 25.105 Types of awards to which this 

part applies. 

This part applies to an agency’s 

grants, cooperative agreements, loans, 

and other types of Federal financial 

assistance included in the definition of 

‘‘award’’ in § 25.305. The requirements 

in this part must be implemented for 

grants and cooperative agreements by 

October 1, 2010. The requirements in 

this part must be implemented for all 

other award forms listed in § 25.200 

requirement at a date to be specified in 

the future. 

§ 25.110 Types of recipient and 

subrecipient entities to which this part 

applies. 

(a) General. Through an agency’s 

implementation of the guidance in this 

part, this part applies to all entities, 

other than those exempted in 

paragraphs (b), (c), and (d) of this 

section, that— 

(1) Apply for or receive agency 

awards; or 

(2) Receive subawards directly from 

recipients of those agency awards. 

(b) Exemptions for individuals. None 

of the requirements in this part apply to 

an individual who applies for or 

receives Federal financial assistance as 

a natural person (i.e., unrelated to any 

business or non-profit organization he 

or she may own or operate in his or her 

name). 

(c) Exemptions for Federal agencies. 

The requirement in this part to maintain 

a current registration in the CCR does 

not apply to an agency of the Federal 


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55674 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations 

Government that receives an award from 

another agency. 

(d) Other exemptions. (1) Under a 

condition identified in paragraph (d)(2) 

of this section, an agency may exempt 

an entity from an applicable 

requirement to obtain a DUNS number, 

register in the CCR, or both. 

(i) In that case, the agency must use 

a generic DUNS number in data it 

reports to USASpending.gov if reporting 

for a prime award to the entity is 

required by the Federal Funding 

Accountability and Transparency Act 

(Pub. L. 109–282, hereafter cited as 

‘‘Transparency Act’’). 

(ii) Agency use of a generic DUNS 

should be used rarely for prime award 

reporting because it prevents prime 

awardees from being able to fulfill the 

subward or executive compensation 

reporting required by the Transparency 

Act. 

(2) The conditions under which an 

agency may exempt an entity are— 

(i) For any entity, if the agency 

determines that it must protect 

information about the entity from 

disclosure, to avoid compromising 

classified information or national 

security or jeopardizing the personal 

safety of the entity’s clients. 

(ii) For a foreign entity applying for or 

receiving an award or subaward for a 

project or program performed outside 

the United States valued at less than 

$25,000, if the agency deems it to be 

impractical for the entity to comply 

with the requirement(s). 

(3) Agencies’ use of generic DUNS 

numbers, as described in paragraphs 

(d)(1) and (2) of this section, should be 

rare. Having a generic DUNS number 

limits a recipient’s ability to use 

Governmentwide systems that are 

needed to comply with some reporting 

requirements. 

§ 25.115 Deviations. 

Deviations from this part require the 

prior approval of the Office of 

Management and Budget (OMB). 

Subpart B—Policy 

§ 25.200 Requirements for program 

announcements, regulations, and 

application instructions. 

(a) Each agency that awards types of 

Federal financial assistance included in 

the definition of ‘‘award’’ in § 25.305 

must include the requirements 

described in paragraph (b) of this 

section in each program announcement, 

regulation, or other issuance containing 

instructions for applicants that either: 

(1) Is issued on or after the effective 

date of this part; or 

(2) Has application or plan due dates 

after October 1, 2010. 

(b) The program announcement, 

regulation, or other issuance must 

require each entity that applies and does 

not have an exemption under § 25.110 

to: 

(1) Be registered in the CCR prior to 

submitting an application or plan; 

(2) Maintain an active CCR 

registration with current information at 

all times during which it has an active 

Federal award or an application or plan 

under consideration by an agency; and 

(3) Provide its DUNS number in each 

application or plan it submits to the 

agency. 

(c) For purposes of this policy: 

(1) The applicant is the entity that 

meets the agency’s or program’s 

eligibility criteria and has the legal 

authority to apply and to receive the 

award. For example, if a consortium 

applies for an award to be made to the 

consortium as the recipient, the 

consortium must have a DUNS number. 

If a consortium is eligible to receive 

funding under an agency program but 

the agency’s policy is to make the award 

to a lead entity for the consortium, the 

DUNS number of the lead entity will be 

used. 

(2) A ‘‘program announcement’’ is any 

paper or electronic issuance that an 

agency uses to announce a funding 

opportunity, whether it is called a 

‘‘program announcement,’’ ‘‘notice of 

funding availability,’’ ‘‘broad agency 

announcement,’’ ‘‘research 

announcement,’’ ‘‘solicitation,’’ or some 

other term. 

(3) To remain registered in the CCR 

database after the initial registration, the 

applicant is required to review and 

update on an annual basis from the date 

of initial registration or subsequent 

updates its information in the CCR 

database to ensure it is current, accurate 

and complete. 

§ 25.205 Effect of noncompliance with a 

requirement to obtain a DUNS number or 

register in the CCR. 

(a) An agency may not make an award 

to an entity until the entity has 

complied with the requirements 

described in § 25.200 to provide a valid 

DUNS number and maintain an active 

CCR registration with current 

information (other than any requirement 

that is not applicable because the entity 

is exempted under § 25.110). 

(b) At the time an agency is ready to 

make an award, if the intended recipient 

has not complied with an applicable 

requirement to provide a DUNS number 

or maintain an active CCR registration 

with current information, the agency: 

(1) May determine that the applicant 

is not qualified to receive an award; and 

(2) May use that determination as a 

basis for making an award to another 

applicant. 

§ 25.210 Authority to modify agency 

application forms or formats. 

To implement the policies in 

§§ 25.200 and 25.205, an agency may 

add a DUNS number field to application 

forms or formats previously approved 

by OMB, without having to obtain 

further approval to add the field. 

§ 25.215 Requirements for agency 

information systems. 

Each agency that makes awards (as 

defined in § 25.325) must ensure that 

systems processing information related 

to the awards, and other systems as 

appropriate, are able to accept and use 

the DUNS number as the universal 

identifier for financial assistance 

applicants and recipients. 

§ 25.220 Use of award term. 

(a) To accomplish the purposes 

described in § 25.100, an agency must 

include in each award (as defined in 

§ 25.305) the award term in Appendix A 

to this part. 

(b) An agency may use different 

letters and numbers than those in 

Appendix A to this part to designate the 

paragraphs of the award term, if 

necessary, to conform the system of 

paragraph designations with the one 

used in other terms and conditions in 

the agency’s awards. 

Subpart C—Definitions 

§ 25.300 Agency. 

Agency means a Federal agency as 

defined at 5 U.S.C. 551(1) and further 

clarified by 5 U.S.C. 552(f). 

§ 25.305 Award. 

(a) Award, for the purposes of this 

part, means an award of Federal 

financial assistance that a non-Federal 

entity described in § 25.110(a) receives 

or administers in the form of— 

(1) A grant; 

(2) A cooperative agreement (which 

does not include a cooperative research 

and development agreement pursuant to 

the Federal Technology Transfer Act of 

1986, as amended (15 U.S.C. 3710a)); 

(3) A loan; 

(4) A loan guarantee; 

(5) A subsidy; 

(6) Insurance; 

(7) Food commodities; 

(8) A direct appropriation; 

(9) Assessed or voluntary 

contributions; or 

(10) Any other financial assistance 

transaction that authorizes the nonFederal entity’s expenditure of Federal 

funds. 


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Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations 55675 

(b) An Award does not include: 

(1) Technical assistance, which 

provides services in lieu of money; and 

(2) A transfer of title to Federally 

owned property provided in lieu of 

money, even if the award is called a 

grant. 

§ 25.310 Central Contractor Registration 

(CCR). 

Central Contractor Registration (CCR) 

has the meaning given in paragraph C.1 

of the award term in Appendix A to this 

part. 

§ 25.315 Data Universal Numbering 

System (DUNS) Number. 

Data Universal Numbering System 

(DUNS) Number has the meaning given 

in paragraph C.2 of the award term in 

Appendix A to this part. 

§ 25.320 Entity. 

Entity, as it is used in this part, has 

the meaning given in paragraph C.3 of 

the award term in Appendix A to this 

part. 

§ 25.325 For-profit organization. 

For-profit organization means a nonFederal entity organized for profit. It 

includes, but is not limited to: 

(a) An ‘‘S corporation’’ incorporated 

under Subchapter S of the Internal 

Revenue Code; 

(b) A corporation incorporated under 

another authority; 

(c) A partnership; 

(d) A limited liability corporation or 

partnership; and 

(e) A sole proprietorship. 

§ 25.330 Foreign public entity. 

Foreign public entity means: 

(a) A foreign government or foreign 

governmental entity; 

(b) A public international 

organization, which is an organization 

entitled to enjoy privileges, exemptions, 

and immunities as an international 

organization under the International 

Organizations Immunities Act (22 

U.S.C. 288–288f); 

(c) An entity owned (in whole or in 

part) or controlled by a foreign 

government; and 

(d) Any other entity consisting wholly 

or partially of one or more foreign 

governments or foreign governmental 

entities. 

§ 25.335 Indian Tribe (or ‘‘Federally 

recognized Indian Tribe’’). 

Indian Tribe (or ‘‘Federally recognized 

Indian Tribe’’) means any Indian Tribe, 

band, nation, or other organized group 

or community, including any Alaskan 

Native village or regional or village 

corporation (as defined in, or 

established under, the Alaskan Native 

Claims Settlement Act (43 U.S.C. 1601, 

et seq.)) that is recognized by the United 

States as eligible for the special 

programs and services provided by the 

United States to Indians because of their 

status as Indians. 

§ 25.340 Local government. 

Local government means a: 

(a) County; 

(b) Borough; 

(c) Municipality; 

(d) City; 

(e) Town; 

(f) Township; 

(g) Parish; 

(h) Local public authority, including 

any public housing agency under the 

United States Housing Act of 1937; 

(i) Special district; 

(j) School district; 

(k) Intrastate district; 

(l) Council of governments, whether 

or not incorporated as a nonprofit 

corporation under State law; and 

(m) Any other instrumentality of a 

local government. 

§ 25.345 Nonprofit organization. 

Nonprofit organization— 

(a) Means any corporation, trust, 

association, cooperative, or other 

organization that— 

(1) Is operated primarily for scientific, 

educational, service, charitable, or 

similar purposes in the public interest; 

(2) Is not organized primarily for 

profit; and 

(3) Uses net proceeds to maintain, 

improve, or expand the operations of 

the organization. 

(b) Includes nonprofit— 

(1) Institutions of higher education; 

(2) Hospitals; and 

(3) Tribal organizations other than 

those included in the definition of 

‘‘Indian Tribe.’’ 

§ 25.350 State. 

State means— 

(a) Any State of the United States; 

(b) The District of Columbia; 

(c) Any agency or instrumentality of 

a State other than a local government or 

State-controlled institution of higher 

education; 

(d) The Commonwealths of Puerto 

Rico and the Northern Mariana Islands; 

and 

(e) The United States Virgin Islands, 

Guam, American Samoa, and a territory 

or possession of the United States. 

§ 25.355 Subaward. 

Subaward has the meaning given in 

paragraph C.4 of the award term in 

Appendix A to this part. 

§ 25.360 Subrecipient. 

Subrecipient has the meaning given in 

paragraph C.5 of the award term in 

Appendix A to this part. 

Appendix A to Part 25—Award Term 

I. Central Contractor Registration and 

Universal Identifier Requirements 

A. Requirement for Central Contractor 

Registration (CCR) 

Unless you are exempted from this 

requirement under 2 CFR 25.110, you as the 

recipient must maintain the currency of your 

information in the CCR until you submit the 

final financial report required under this 

award or receive the final payment, 

whichever is later. This requires that you 

review and update the information at least 

annually after the initial registration, and 

more frequently if required by changes in 

your information or another award term. 

B. Requirement for Data Universal 

Numbering System (DUNS) Numbers 

If you are authorized to make subawards 

under this award, you: 

1. Must notify potential subrecipients that 

no entity (see definition in paragraph C of 

this award term) may receive a subaward 

from you unless the entity has provided its 

DUNS number to you. 

2. May not make a subaward to an entity 

unless the entity has provided its DUNS 

number to you. 

C. Definitions 

For purposes of this award term: 

1. Central Contractor Registration (CCR) 

means the Federal repository into which an 

entity must provide information required for 

the conduct of business as a recipient. 

Additional information about registration 

procedures may be found at the CCR Internet 

site (currently at http://www.ccr.gov). 

2. Data Universal Numbering System 

(DUNS) number means the nine-digit number 

established and assigned by Dun and 

Bradstreet, Inc. (D&B) to uniquely identify 

business entities. A DUNS number may be 

obtained from D&B by telephone (currently 

866–705–5711) or the Internet (currently at 

http://fedgov.dnb.com/webform). 

3. Entity, as it is used in this award term, 

means all of the following, as defined at 2 

CFR part 25, subpart C: 

a. A Governmental organization, which is 

a State, local government, or Indian Tribe; 

b. A foreign public entity; 

c. A domestic or foreign nonprofit 

organization; 

d. A domestic or foreign for-profit 

organization; and 

e. A Federal agency, but only as a 

subrecipient under an award or subaward to 

a non-Federal entity. 

4. Subaward: 

a. This term means a legal instrument to 

provide support for the performance of any 

portion of the substantive project or program 

for which you received this award and that 

you as the recipient award to an eligible 

subrecipient. 

b. The term does not include your 

procurement of property and services needed 

to carry out the project or program (for 

further explanation, see Sec. ll.210 of the 

attachment to OMB Circular A–133, ‘‘Audits 

of States, Local Governments, and Non-Profit 

Organizations’’). 


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55676 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations 

c. A subaward may be provided through 

any legal agreement, including an agreement 

that you consider a contract. 

5. Subrecipient means an entity that: 

a. Receives a subaward from you under this 

award; and 

b. Is accountable to you for the use of the 

Federal funds provided by the subaward. 

PART 26–39—[RESERVED] 

■ 4. Subchapter C to chapter I, 

consisting of parts 40 through 59, is 

established and reserved to read as 

follows: 

Subchapter C—Award Content and Format 

[Reserved] 

PARTS 40–59—[RESERVED] 

■ 5. Subchapter D to chapter I, 

consisting of parts 60 through 79, is 

established and added to read as 

follows: 

Subchapter D—Post-Award Responsibilities 

PARTS 60–79—[RESERVED] 

■ 6. Subchapter E to chapter I, 

consisting of parts 80 through 99, is 

established and reserved to read as 

follows: 

Subchapter E—Cost Principles [Reserved] 

PARTS 80–99—[RESERVED] 

■ 7. Subchapter F to chapter I, 

consisting of parts 100 through 119, is 

established and reserved to read as 

follows: 

Subchapter F—Audit Requirements 

[Reserved] 

PARTS 100–119—[RESERVED] 

■ 8. Subchapter G to chapter I, 

consisting of parts 120 through 199, is 

established, and a new subchapter 

heading is added to read as follows: 

Subchapter G—National Policy 

Requirements 

[FR Doc. 2010–22706 Filed 9–13–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 510, 520, and 558 

[Docket No. FDA–2010–N–0002] 

Animal Drugs, Feeds, and Related 

Products; Withdrawal of Approval of 

New Animal Drug Applications; 

Chloramphenicol; Lincomycin; 

Pyrantel Tartrate; and Tylosin 

Phosphate and Sulfamethazine 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations by removing 

those portions that reflect approval of 

four new animal drug applications 

(NADAs). In a notice published 

elsewhere in this issue of the Federal 

Register, FDA is withdrawing approval 

of these NADAs. 

DATES: This rule is effective September 

24, 2010. 

FOR FURTHER INFORMATION CONTACT: John 

Bartkowiak, Center for Veterinary 

Medicine (HFV–212), Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–276–9079; 

email: john.bartkowiak@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: John J. 

Ferrante, 11 Fairway Lane, Trumbull, 

CT 06611; International Nutrition, Inc., 

7706 ‘‘I’’ Plaza, Omaha, NE 68127; and 

Feed Service Co., Inc., 303 Lundin 

Blvd., P.O. Box 698, Mankato, MN 

56001 have requested that FDA 

withdraw approval of the four NADAs 

listed in the following paragraph 

because they are no longer 

manufactured or marketed: 

In a notice published elsewhere in 

this issue of the Federal Register, FDA 

gave notice that approval of NADA 65– 

137, 121–337, 132–923, and 138–342, 

and all supplements and amendments 

thereto, is withdrawn, effective 

September 24, 2010. As provided in the 

regulatory text of this document, the 

animal drug regulations are amended to 

reflect these withdrawals of approval. 

Following these changes of 

sponsorship, Feed Service Co., Inc., and 

John J. Ferrante are no longer the 

sponsor of an approved application. 

Accordingly, 21 CFR 510.600(c) is being 

amended to remove the entries for these 

firms. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects 

21 CFR Part 510 

Administrative practice and 

procedure, Animal drugs, Labeling, 

Reporting and recordkeeping 

requirements. 

21 CFR Part 520 

Animal drugs. 

21 CFR Part 558 

Animal drugs, Animal feeds. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR parts 510, 520, and 558 are 

amended as follows: 

PART 510—NEW ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 510 continues to read as follows: 

Authority: 21 U.S.C. 321, 331, 351, 352, 

353, 360b, 371, 379e. 

510.600 [Amended] 

■ 2. In § 510.600, in the table in 

paragraph (c)(1), remove the entries for 

‘‘Feed Service Co., Inc.’’ and ‘‘John J. 

Ferrante’’; and in the table in paragraph 

(c)(2), remove the entries for ‘‘030841’’ 

and ‘‘058034’’. 

PART 520—ORAL DOSAGE FORM 

NEW ANIMAL DRUGS 

■ 3. The authority citation for 21 CFR 

part 520 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

■ 4. In § 520.390b, revise paragraph (b) 

to read as follows: 

§ 520.390b Chloramphenicol capsules. 

* * * * * 

(b) Sponsors. See Nos. 000069 and 

050057 in § 510.600(c) of this chapter 

for use as in paragraph (d) of this 

section. 

* * * * * 

PART 558—NEW ANIMAL DRUGS FOR 

USE IN ANIMAL FEEDS 

■ 5. The authority citation for 21 CFR 

part 558 continues to read as follows: 

Authority: 21 U.S.C. 360b, 371. 

■ 6. In § 558.325, revise paragraphs (a) 

and (c)(3)(ii); and in the table in 

paragraphs (d)(2)(ii) and (d)(2)(iii), in 

the ‘‘Sponsor’’ column, remove ‘‘043733’’ 

to read as follows: 


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