[Federal Register Volume 59, Number 205 (Tuesday, October 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26238]


[[Page Unknown]]

[Federal Register: October 25, 1994]


_______________________________________________________________________

Part II



Grants and Cooperative Agreements to State and Local Governments; 
Proposed Rule



_______________________________________________________________________
Department of Agriculture
Department of Energy
Small Business Administration
Department of Commerce
Office of National Drug Control Policy
Department of State
Department of Housing and Urban Development
Department of Justice
Department of Labor
Federal Mediation and Conciliation Service
Department of Defense
Department of Education
National Archives and Records Administration
Department of Veterans Affairs
Environmental Protection Agency
General Services Administration
Department of the Interior
Federal Emergency Management Agency
Department of Health and Human Services
National Science Foundation
National Foundation on the Arts and Humanities
  National Endowment for the Arts
  National Endowment for the Humanities
  Institute of Museum Services
Corporation for National and Community Service
Department of Transportation
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 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: Notice of proposed rulemaking.

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SUMMARY: In response to a recommendation by the National Performance 
Review, this proposed 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, is issued to raise 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.

DATES: Comments must be received on or before December 27, 1994 in 
order to be assured of consideration.

ADDRESSES: Persons wishing to submit comments on this notice of 
proposed rulemaking should send them to Charles Gale, Director, 
Division of Grants Policy and Oversight, Department of Health and Human 
Services, A-102 Rulemaking Docket, Room 517D, Hubert H. Humphrey 
Building, Washington, DC 20201. A copy of each communication submitted 
will be available for public inspection and copying during regular 
business hours (9:00 a.m.-5:30 p.m. eastern standard time) at the above 
address.

FOR FURTHER INFORMATION CONTACT: For general issues regarding this 
proposed rule, contact Charles Gale, Director, Division of Grants 
Policy and Oversight, Department of Health and Human Services, (202) 
690-6377. For agency-specific issues, see contact persons for 
individual agencies in 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.'' As part of 
that effort, on June 18, 1984, OMB published a Notice in the Federal 
Register (49 FR 24958-24959) seeking comments on over 50 issues and 
possible options for each.
    OMB and the agencies then drafted a governmentwide ``common rule.'' 
The proposed common rule contained fiscal and administrative 
requirements for grants and cooperative agreements to State and local 
governments (grantees) and subrecipients which are State and local 
governments (subgrantees). At the same time, OMB and the agencies 
prepared a revised OMB Circular A-102--directed solely to Federal 
agencies--containing guidance to Federal agencies on how they should 
manage the award and administration of Federal grants.
    On March 12, 1987, the President directed all affected agencies to 
simultaneously propose and subsequently adopt a common rule verbatim, 
except where inconsistent with specific statutory requirements. Twenty-
three agencies proposed a governmentwide grants management common rule 
in the June 9, 1987 Federal Register (52 FR 21820-21862).
    On March 11, 1988, OMB published the final revised Circular A-102, 
dated March 3, 1988, in the Federal Register (53 FR 8028-8032). On the 
same date, 24 Federal agencies published the final governmentwide 
common rule in the Federal Register (53 FR 8034-8103). The Circular 
became effective immediately while the common rule did not become 
effective until October 1, 1988. On June 30, 1992, the Commission on 
the Bicentennial of the United States Constitution closed and thus will 
not be joining this proposed rulemaking. On November 24, 1992 and 
August 16, 1993, two more agencies co-signed the governmentwide common 
rule (at 57 FR 55092 and 58 FR 43270). On April 4, 1994, the functions 
of ACTION were transferred to the Corporation for National and 
Community Service.
    On November 4, 1988, OMB published a proposal in the Federal 
Register (53 FR 44710-44714) to replace OMB Circulars A-102 and A-110 
with a circular that would provide OMB guidance to Federal agencies on 
how they should manage the award and administration of Federal grants 
to both governmental and non-governmental organizations. In addition, 
the Federal agencies simultaneously issued a proposed rule in the 
Federal Register (53 FR 44716-44812) to amend the March 11, 1988, 
common rule to establish fiscal and administrative requirements on non-
governmental grantees as well. However, based on comments received, on 
October 29, 1990, in the Unified Agenda of Federal Regulations, OMB 
stated that it ``no longer plans to merge these circulars'' (55 FR 
45289-45290).
    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).
    Therefore, we are proposing to amend the grants management common 
rule accordingly.
    In many cases, State and local governments set a small purchase 
threshold below the Federal small purchase threshold. State and local 
governments are encouraged to amend their thresholds in similar fashion 
so that grantees will be able to more fully benefit from the change in 
Federal requirements that will result from this rulemaking.

Impact Analysis

Executive Order 12866

    Executive Order 12866 requires that a regulatory impact analysis be 
prepared for ``major'' rules which are defined in the Order as any rule 
that has an annual effect on the national economy of $100 million or 
more, or certain other specified effects.
    The participating agencies do not believe that this proposed 
modification to the common rule will have an annual impact of $100 
million or more or the other effects listed in the Order. However, the 
proposed rule would result in some savings to governmental 
organizations receiving grants or subgrants. For this reason, the 
participating agencies have determined that this proposed rulemaking 
would not create a major rule within the meaning of the Order.

Regulatory Flexibility Act of 1980

    The Regulatory Flexibility Act (5 U.S.C. 605(b)) requires that, for 
each rule with a ``significant economic impact on a substantial number 
of small entities,'' an analysis must be prepared describing the rule's 
impact on small entities and identifying any significant alternatives 
to the rule that would minimize the economic impact on small entities.
    The participating agencies certify that this proposed rule will not 
have a significant economic impact on a substantial number of small 
entities. The proposed 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.

Paperwork Reduction Act

    The participating agencies certify that this proposed rule would 
not impose any additional reporting or recordkeeping requirements under 
the Paperwork Reduction Act of 1980, 44 U.S.C. Chapter 35.
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DEPARTMENT OF AGRICULTURE
Text of the Proposed Common Rule

    The text of this common rule as proposed for amendment in this 
document appears below:

PART ________--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. Section ________.36 is amended by revising paragraphs (d)(1), 
(g)(2)(ii) through (v), and (h) introductory text, and republishing 
paragraph (g)(2) introductory text to read as follows:


______.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 greater of 
$100,000 or the small purchase threshold (simplified acquisition 
threshold) fixed at 41 U.S.C. 403(11) (currently set at $25,000). If 
small purchase procedures are used, price or rate quotations shall be 
obtained from an adequate number of qualified sources.
* * * * *
    (g) Awarding agency review.
* * * * *
    (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:
* * * * *
    (ii) The procurement is expected to exceed the greater of $100,000 
or the small purchase 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 greater of 
$100,000 or the small purchase threshold, specifies a ``brand name'' 
product; or
    (iv) The proposed award is more than the greater of $100,000 or the 
small purchase 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 greater of 
$100,000 or the small purchase threshold.
* * * * *
    (h) Bonding requirements. For construction or facility improvement 
contracts or subcontracts more than the greater of $100,000 or the 
small purchase 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:
* * * * *
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DEPARTMENT OF AGRICULTURE
Proposed Adoption of Common Rule

    The text of the common rule, as proposed by the agencies in this 
document, appears below.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 3016

RIN 050-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

    Grant programs (Agriculture).

    Issued at Washington, DC.

    It is proposed that Title 7 of the Code of Federal Regulations be 
amended as follows.
Anthony A. Williams,
Chief Financial Officer.
    Approved:
Mike Espy,
Secretary.

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.


Sec. 3016.36  [Amended]

    2. Section 3016.36 is amended as set forth at the end of the common 
preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF ENERGY

Office of the Secretary

10 CFR Part 600

FOR FURTHER INFORMATION CONTACT: Cherlyn Seckinger, Business and 
Financial Policy Division (HR-521.2), U.S. Department of Energy, 1000 
Independence Avenue, S.W., Washington, D.C. 20585, (202) 586-8192.

List of Subjects in 10 CFR Part 600

    Government contracts, Grant programs.

    It is proposed that Part 600 of Title 10 of the Code of Federal 
Regulations be amended as follows.
Richard H. Hopf,
Deputy Assistant Secretary for Procurement and Assistance Management.

PART 600--FINANCIAL ASSISTANCE RULES SUBPART E--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).


Sec. 600.436  [Amended]

    2. Section 600.436 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
SMALL BUSINESS ADMINISTRATION

13 CFR Part 143

FOR FURTHER INFORMATION CONTACT: Calvin Jenkins, Acting Assistant 
Administrator for Administration, (202) 205-6630.

List of Subjects in 13 CFR Part 143

    Contract programs; Grant programs.

    It is proposed that Title 13 of the Code of Federal Regulations be 
amended as follows.
Erskine B. Bowles,
Administrator.

PART 143--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority citation for Part 143 continues to read as 
follows:

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


Sec. 143.36  [Amended]

    2. Section 143.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF COMMERCE

15 CFR Part 24

FOR FURTHER INFORMATION CONTACT: George W. White, Chief, Policy 
Division, Office of Federal Assistance, (202) 482-5817.

List of Subjects in 15 CFR Part 24

    Accounting, Grant programs, Grant administration, Insurance, 
Reporting and recordkeeping requirements.

    It is proposed that title 15 of the Code of Federal Regulations be 
amended as follows.

    Dated: August 16, 1994.
John J. Phelan, III,
Acting Director for Federal Assistance and Management Support.

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.


Sec. 24.36  [Amended]

    2. Section 24.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
OFFICE OF NATIONAL DRUG CONTROL POLICY

21 CFR Part 1403

FOR FURTHER INFORMATION CONTACT: Richard Yamamoto, Director, High 
Intensity Drug Trafficking Areas Program, (202) 395-6755

List of Subjects in 21 CFR Part 1403

    Contact programs, Grant programs.

    It is proposed that title 21 of the Code of Federal Regulations be 
amended as follows:
Lee P. Brown,
Director.

PART 1403--UNIFORM ADMINISTRATION 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.


Sec. 1403.36  [Amended]

    2. Section 1403.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF STATE

22 CFR Part 135

FOR FURTHER INFORMATION CONTACT: Robert Lloyd, Office of the 
Procurement Executive, 703-516-1690.

List of Subjects in 22 CFR Part 135

    Contract programs, Grant programs.

    It is proposed that title 22 of the Code of Federal Regulations be 
amended as follows:

    Dated: July 18, 1994.
Lloyd W. Pratsch,
Procurement Executive.

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.


Sec. 135.36  [Amended]

    2. Section 135.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 85

FOR FURTHER INFORMATION CONTACT: Edward L. Girovasi, Jr., Director, 
Policy and Evaluation Division, (202) 708-0294.

List of Subjects in 24 CFR Part 85

    Accounting, Contract programs, Grant programs, Indians, 
Intergovernmental relations, Reporting and recordkeeping requirements.
    It is proposed that title 24 of the Code of Federal Regulations be 
amended as follows:
Henry G. Cisneros,
Secretary.

PART 85--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 85 continues to read as follows:

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


Sec. 85.36  [Amended]

    2. Section 85.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF JUSTICE

28 CFR Part 66

for further information contact: Cynthia J. Schwimer, Acting Director, 
Financial Management and Grants Administration Division, 202-307-3186.

List of Subjects in 28 CFR Part 66

    Accounting, Contract programs, Grant programs, Indians, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    It is proposed that title 28, chapter I, of the Code of Federal 
Regulations be amended as follows:
Janet Reno,
Attorney General.

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: The Omnibus Crime Control and Safe Street Acts of 
1968, 42 U.S.C. 3711, et seq. (as amended); Juvenile Justice and 
Delinquency Act of 1974, 42 U.S.C. 5601, et seq. (as amended); 
Victims of Crime Act of 1984, 18 U.S.C. 4042; and 42 U.S.C. 4351-
4353.


Sec. 66.36  [Amended]

    2. Section 66.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF LABOR

29 CFR Part 97

for further information contact: Melvin Goldberg, Chief, Division of 
Procurement and Grant Policy, (202) 219-9174.

List of Subjects in 29 CFR Part 97

    Contract programs, Grant programs.

    It is proposed that title 29 of the Code of Federal Regulations be 
amended as follows:
Cynthia A. Metzler,
Assistant Secretary for Administration and Management.

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.


Sec. 97.36  [Amended]

    2. Section 97.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
FEDERAL MEDIATION AND CONCILIATION SERVICE

29 CFR Part 1470

for further information contact: Lee Buddendeck (202) 653-5320.

List of Subjects in 29 CFR Part 1470

    Contract programs, Grant programs.

    It is proposed that title 29 of the Code of Federal Regulations be 
amended as follows:
John Calhoun Wells,
Director.

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: The Labor Management Cooperation Act of 1978 (29 
U.S.C. 175a).


Sec. 1470.36  [Amended]

    2. Section 1470.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 33

FOR FURTHER INFORMATION CONTACT: Dr. Mark Herbst, (703) 614-0205.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Defense 
proposes to adopt 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 
Notice of Proposed Rulemaking proposes to amend the redesignated Part 
33.

List of Subjects in 32 CFR Part 33

    Accounting, Administrative practice and procedures, Grant programs, 
Grants administration, Insurance, Reporting and recordkeeping 
requirements.

    It is proposed that title 32 of the Code of Federal Regulations be 
amended as follows:
Linda M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

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.


Sec. 33.36  [Amended]

    2. Section 33.36 is amended as set forth at the end of the common 
preamble.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF EDUCATION

34 CFR Part 80

FOR FURTHER INFORMATION CONTACT: Greg Vick, U.S. Department of 
Education, 400 Maryland Avenue, S.W., Room 3636 ROB, Washington, D.C. 
20202-4700. Telephone: 708-8199.

List of Subjects in 34 CFR Part 80

    Accounting, Administrative practice and procedures, Contract 
programs, Grant programs--education, Grant administration, Insurance, 
Reporting and Recordkeeping requirements.

    It is proposed that title 34 of the Code of Federal Regulations be 
amended as follows:
Richard W. Riley,
Secretary of Education.

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(a)(1) and 3474, OMB Circular A-102, 
unless otherwise noted.


Sec. 80.36  [Amended]

    2. Section 80.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1207

RIN 3095-AA23
FOR FURTHER INFORMATION CONTACT: Mary Ann Hadyka or Gale Bentley at 
301-713-6730.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Archivist of the United 
States, through the National Historical Publications and Records 
Commission (NHPRC) program provides grants, when funds are available, 
to State and local governments, historical societies, archives, 
libraries and associations for the preservation, arrangement and 
description of historical records and for a broad range of archival 
training and development programs. These programs are described in 36 
CFR Part 1206. The Catalog of Federal Domestic Assistance number is 
89.0003.

List of Subjects in 36 CFR Part 1207

    Accounting, Administrative practice and procedure, Contract 
programs, Grant programs--Archives and records, Grants administration, 
Insurance, Reporting and recordkeeping requirements.

    It is proposed that title 36 of the Code of Federal Regulations be 
amended as follows:
Trudy Huskamp Peterson,
Acting Archivist of the United States.

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(a).


Sec. 1207.36  [Amended]

    2. Section 1207.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 43

FOR FURTHER INFORMATION CONTACT:
Donald L. Neilson, Director, Records Management Service (723), 
Department of Veterans Affairs, 810 Vermont Avenue N.W., Washington, 
D.C. 20420, (202) 523-3412.

List of Subjects in 38 CFR Part 43

    Contract programs, Grant programs.

    It is proposed that title 38 Code of Federal Regulations be amended 
as follows:
Jesse Brown,
Secretary of Veterans Affairs.

PART 43--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 43 continues to read as follows:

    Authority: 38 U.S.C. 1712, E.O. 11541.


Sec. 43.36  [Amended]

    2. Section 43.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 31

FOR FURTHER INFORMATION CONTACT:
Richard Mitchell, Grants Policy and Procedures Branch, Grants 
Administration Division (3903F), 401 M Street SW, Washington, D.C., 
20460, (202) 260-6077.

List of Subjects in 40 CFR Part 31

    Accounting, Administrative practice and procedure, Grant programs, 
Contract programs, Grants administration, Reporting and recordkeeping 
requirements.

    It is proposed that Title 40 of the Code of Federal Regulations be 
amended as follows:

    Dated: August 8, 1994.

Carol Browner,
Administrator.

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.


Sec. 31.36  [Amended]

    2. Section 31.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
GENERAL SERVICES ADMINISTRATION

41 CFR Part 105-71

FOR FURTHER INFORMATION CONTACT: John P. Dyer, General Services 
Administration, Public Buildings Service, Office of Procurement, 18th 
and F Streets, NW, Room 7316, Washington, DC 20405. Telephone: (202) 
501-0907 Extension 46.

List of Subjects in 41 CFR Part 105-71

    Accounting, Administrative practice and procedure, Grant programs, 
Grants administration, Insurance, Reporting and recordkeeping 
requirements.

    It is proposed that title 41 of the Code of Federal Regulations be 
amended as follows:

    Dated: August 31, 1994.
David L. Bibb,
Deputy Commissioner, Public Buildings Service.

PART 105-71--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS 
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)).


Sec. 105-71.136  [Amended]

    2. Section 105-71.136 is amended as set forth at the end of the 
common preamble.

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DEPARTMENT OF AGRICULTURE
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

    Cooperative agreements, Grants administration, Grant program.

    It is proposed that title 43 of the Code of Federal Regulations be 
amended as follows:

    Dated: August 11, 1994.
Bonnie R. Cohen,
Assistant Secretary--Policy, Management and Budget.

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; 31 U.S.C. 7501; 41 U.S.C. 701 et seq.; 
E.O. 12539, 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.


Sec. 12.76  [Amended]

    2. Section 12.76 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 13

FOR FURTHER INFORMATION CONTACT: Charles F. McNulty, Office of 
Financial Management, Federal Emergency Management Agency, 500 C Street 
SW, Washington, DC 20472, (202) 646-2976.

List of Subjects in 44 CFR Part 13

    Accounting, Administrative practice and procedure, Grant programs, 
Grants administration, Insurance, Reporting and recordkeeping 
requirements.

    Accordingly, 44 CFR part 13 is proposed to be amended as follows.
Gary D. Johnson,
Acting Chief Financial Officer.

PART 13--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority citation continues to read as follows:

    Authority: Reorg. Plan No. 3, 1978; E.O. 12127; E.O. 12148.


Sec. 13.36  [Amended]

    2. Section 13.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 92

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

    Contract programs, Grant programs.

    It is proposed that title 45 of the Code of Federal Regulations be 
amended as follows:

    Dated: August 12, 1994.
Donna E. Shalala,
Secretary.

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.


Sec. 92.36  [Amended]

    2. Section 92.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
NATIONAL SCIENCE FOUNDATION

45 CFR Part 602

FOR FURTHER INFORMATION CONTACT: Jean Feldman, Deputy Head, Policy 
Office, Division of Contracts, Policy & Oversight, 703-306-1243.

List of Subjects in 45 CFR Part 602

    Contract programs, Grant programs.

    It is proposed that title 45 of the Code of Federal Regulations be 
amended as follows:
Joseph L. Kull,
Chief Financial Officer.

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).


Sec. 602.36  [Amended]

    2. Section 602.36 is amended as set forth at the end of the common 
preamble.
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DEPARTMENT OF AGRICULTURE
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Arts

45 CFR Part 1157

FOR FURTHER INFORMATION CONTACT:
Donald Bard, Grants Officer, National Endowment for the Arts, 1100 
Pennsylvania Avenue, NW., Washington, DC 20506-0001, (202) 682-5403.

List of Subjects in 45 CFR Part 1157

    Accounting, Administrative practice and procedures, Grant Programs, 
Grants administration, Insurance, Reporting and recordkeeping 
requirements.

    It is proposed that title 45 of the Code of Federal Regulations be 
amended as follows:
Laurence Baden,
Deputy Chairman for Management.

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. 951 et seq., as amended 1990.


Sec. 1157.36  [Amended]

    2. Section 1157.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
National Endowment for the Humanities

45 CFR Part 1174

FOR FURTHER INFORMATION CONTACT:
Mr. David J. Wallace, Director, Grants Office, (202) 606-8494.

List of Subjects in 45 CFR Part 1174

    Contract programs, Grant programs.

    It is proposed that title 45 of the Code of Federal Regulations be 
amended as follows:
Sheldon Hackney,
Chairman.

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).


Sec. 1174.36  [Amended]

    2. Section 1174.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
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

    Museums, National boards.

    It is proposed that title 45 of the Code of Federal Regulations be 
amended as follows:
Diane B. Frankel,
Director.

PART 1180--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 1183 continues to read as follows:

    Authority: 20 U.S.C. 961.


Sec. 1183.36  [Amended]

    2. Section 1183.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF AGRICULTURE
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 2541

for further information contact: Michael Kenefick, Director Grants and 
Contracts, 202-606-8070 ext. 101.

List of Subjects in 45 CFR Part 2541

    Contract programs, Grant programs.

    It is proposed that title 45 of this Code of Federal Regulations be 
amended as follows:
Terry Russell,
General Counsel.

PART 2541--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS.

    1. The authority for part 2541 continues to read as follows:

    Authority: 42 U.S.C. 12501 et seq.


Sec. 2541.360  [Amended]

    2. Section 2541.360 is amended as set forth at the end of the 
common preamble.

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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 18

for further information contact: Robert G. Taylor, Department of 
Transportation, Office of Acquisition and Grant Management, M-62, 400 
Seventh Street, S.W., Room 9401, Washington, D.C. 20590, (202) 366-
4289.

ADDITIONAL SUPPLEMENTARY INFORMATION:

Background

    This rule is being revised to raise the dollar threshold for small 
purchases by State and local grantees in accordance with the National 
Performance Review recommendation and to be consistent with the 
accompanying governmentwide common rule.
    Section 18.6, Additions and exceptions. This section has been 
revised to codify the current DOT policy for the review and concurrence 
of exceptions by the Assistant Secretary for Administration to ensure 
conformance with overall Department policies.

Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The Department of Transportation has determined that this 
rulemaking is not a significant regulatory action within the meaning of 
Executive Order 12866, nor a significant regulation under the 
Department's Regulatory Policies and Procedures. The regulations should 
create savings for recipients by reducing the costs of administering 
grants. The DOT Operating Administrations award approximately $23 
billion through forty separate assistance programs annually. An 
undetermined portion of these funds are utilized for small purchases.

Regulatory Flexibility Act of 1980

    The Regulatory Flexibility Act (5 U.S.C. 605(b)) requires that, for 
each rule with a ``significant economic impact on a substantial number 
of small entities,'' an analysis be prepared describing the rule's 
impact on small entities and identifying any significant alternatives 
to the rule that would minimize the economic impact on small entities. 
We certify that these regulations will not have a significant economic 
impact on a substantial number of small entities because they do not 
affect the amount of funds provided in the covered programs, but rather 
modify and update administrative and procedural requirements.

Excutive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612. The rule primarily applies 
to State or local governments. This action may have some Federalism 
benefits by removing some procedural restrictions on grantees; however, 
the Department certifies that this proposal does not have sufficient 
Federalism implications to warrant a full Federalism assessment under 
the principles and criteria contained in Executive Order 12612.

Paperwork Reduction Act

    We certify that this proposed rule would not impose any additional 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act of 1980, 44 U.S.C. Chapter 35.

List of Subjects in 49 CFR Part 18

    Accounting, Administrative practice and procedure, Grant programs, 
Grants administration, Insurance, Reporting and recordkeeping 
requirements.

    Authority: 49 U.S.C. 322(a).

    Issued this 27th day of September 1994 at Washington, D.C.
Federico Pena,
Secretary of Transportation.

    It is proposed that title 49 of the Code of Federal Regulations be 
amended as follows:
    1. The authority for part 18 continues to read as follows:

    Authority: 49 U.S.C. 322 (a).

    2. Section 18.6 is amended by adding paragraphs (b)(1) and (c)(1), 
and reserving paragraphs (b)(2) and (c)(2), to read as follows:


Sec. 18.6  Additions and exceptions.

* * * * *
    (b) * * *
    (1) All Departmental requests for exceptions shall be processed 
through the Assistant Secretary of Administration.
    (2) [Reserved]
    (c) * * *
    (1) All case-by-case exceptions may be authorized by the affected 
operating administrations or departmental offices, with the concurrence 
of the Assistant Secretary for Administration.
    (2) [Reserved]


Sec. 18.36  [Amended]

    3. Section 18.36 is amended as set forth at the end of the common 
preamble.

[FR Doc. 94-26238 Filed 10-24-94; 8:45 am]
BILLING CODES 3410-90-P; 6450-01-M; 8025-01-M; 3510-FA-M; 3180-02-M; 
4710-24-M; 4210-32-M; 4410-18-M; 4510-23-M; 6372-01-M; 5000-04-M; 4000-
01-M; 7515-01-M; 8320-01-M; 6560-50-M; 6820-23-M; 4310-RF-M; 6718-01-M; 
4150-04-M; 7555-01-M; 7537-01-M; 7536-01-M; 7036-01-M; 6050-28-M; 4910-
62-M