[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72287-72289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33165]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 12
RIN 1090-AA67
Administrative and Audit Requirements and Cost Principles for
Assistance Programs
AGENCY: Office of the Secretary, Interior
ACTION: Interim rule; request for comments.
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SUMMARY: This interim rule is in response to the issuance of Executive
Order 13043 of April 16, 1997, ``Increasing Seat Belt Use in the United
States.'' Section 1(c) requires that each Federal agency, in contracts,
subcontracts, and grants entered into after the date of the Order,
shall seek to encourage contractors, subcontractors, and grantees to
adopt and enforce on-the-job seat belt policies and programs for their
employees when operating company-owned, rented, or personally owned
vehicles. Section 2 of the Order directs all agencies of the executive
branch to promulgate rules and take other appropriate measures within
their existing programs to further the policies of the Order.
The Department is publishing this rule in the absence of a
Government-wide implementation of this policy for its applicability to
grants awarded, and in order to provide a regulatory basis for the
inclusion of a provision in grants and cooperative agreements awarded
by the Department. In the event that the Office of Management and
Budget chooses to implement this requirement through the issuance of a
Government-wide directive, the Department will revise this regulation,
as appropriate.
DATES: Effective Date: This rule is effective December 27, 1999.
Comments. Comments must be received by January 26, 2000.
ADDRESSES: If you wish to comment, you may submit your comments by one
of several methods. You may mail comments to the U.S. Department of the
Interior, Director, Office of Acquisition and Property Management, 1849
C St., NW, Mail Stop 5512, Washington, D.C. 20240. You may also comment
via the Internet to http://www.doi.gov/pam/rin1090-aa67.html. Please
submit Internet comments as an ASCII file avoiding the use of special
characters and any form of encryption. Please also include ``Attn: RIN
1090-AA67'' and your name and return address in your Internet message.
If you do not receive a confirmation from the system that we have
received your Internet message, contact us directly at (202) 208-6352.
Finally, you may hand-deliver comments to 1849 C Street, NW, Mail Stop
5512, Washington, D.C. 20240. We will make comments, including names
and addresses of respondents, available for public review during
regular business hours. Individual respondents may request
confidentiality, which we will honor to the extent allowable by law. If
you wish to withhold your name or address, except for the city or town,
you must state this prominently at the beginning of your comment.
However, we will not consider anonymous comments. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
FOR FURTHER INFORMATION CONTACT: Debra E. Sonderman, (Director, Office
of Acquisition and Property Management), (202) 208-6431.
SUPPLEMENTARY INFORMATION: On April 16, 1997, Executive Order 13043,
``Increasing Seat Belt Use in the United States,'' was signed by
President Clinton. Section 1 (c) directed each Federal agency, in
contracts, subcontracts, and grants entered into after the date of the
Order, to encourage contractors, subcontractors, and grantees to adopt
and enforce on-the-job seat belt policies and programs for their
employees when operating company-owned, rented, or personally owned
[[Page 72288]]
vehicles. Section 2 directed all agencies of the executive branch to
promulgate rules and take other appropriate measures within their
existing programs to further the policies of the Order.
The Department is revising Subpart A of 43 CFR Part 12, to
implement the requirements of the Executive Order for grants/
cooperative agreements awarded by bureaus/offices. The requirements
also apply to subawards made under a grant or cooperative agreement.
The Office of Management and Budget (OMB) generally publishes
governmentwide administrative requirements for grants and cooperative
agreements and agencies implement these requirements in implementing
regulations. Agencies have not been officially notified by OMB that
they intend to publish governmentwide requirements in response to
Executive Order 13043.
Because of the need for an implementation of the requirements, the
Department is publishing this regulation to cover its own awards.
Furthermore, through this regulation the Department will include a
provision in grants and cooperative agreements awarded by the
Department encouraging recipients to adopt and enforce on-the-job seat
belt use policies and programs consistent with the Executive Order.
Compliance With Laws, Executive Orders, and Department Policy
This document is not a significant rule and is not subject to
review by the Office of Management and Budget under Executive Order
12866.
This rule will not have an effect of $100 million or more on the
economy. It will not adversely affect in a material way the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities.
This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
This rule does not alter the budgetary effects or entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients.
This rule does not raise novel legal or policy issues.
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
The Department has determined that this rule will not have a
significant economic impact on small entities since any efforts
undertaken by grantees to implement the requirements of the Order are
not expected to have a significant economic impact and no additional
costs will be imposed as a result of the rule. Most grantees probably
already have programs in place to conduct education and awareness
programs about the importance of wearing seat belts and the
consequences of not wearing them.
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million or
more. Most grantees probably already have programs in place to conduct
education and awareness programs about the importance of wearing seat
belts and the consequences of not wearing them.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. Grantees are being encouraged to adopt
and enforce on-the-job seat belt use policies and programs and no
additional costs are expected to be imposed.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
determination is based on the fact that the provision simply encourages
Federal grantees to adopt and enforce on-the-job seat belt use policies
and programs for their employees when operating company-owned, rented,
or personally owned vehicles. Federal grantees are also encouraged to
conduct education, awareness, and other appropriate programs for their
employees about the importance of wearing seat belts and the
consequences of not wearing them.
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. Grantees are being
encouraged to adopt and enforce on-the-job seat belt use policies and
programs and no additional costs are expected to be imposed. Most
grantees probably already have programs in place to conduct education
and awareness programs about the importance of wearing seat belts and
the consequences of not wearing them. No additional costs are expected
to be imposed. A statement containing the information required by the
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.
In accordance with Executive Order 12630, the rule does not have
significant takings implications. A takings implication assessment is
not required. No takings of personal property will occur as a result of
this rule.
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. Awards to governmental entities are governed by
43 CFR Part 12, Subpart C. Under section 12.76, a State is required to
ensure that every purchase order or other contract includes any clauses
required by Federal statutes and executive orders and their
implementing regulations. Therefore, this requirement will not be
considered as interference by the Federal Government with State rights
as described in Executive Order 13132. A Federalism Assessment is not
required.
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
This regulation does not require an information collection from 10
or more parties and a submission under the Paperwork Reduction Act is
not required. An OMB form 83-I is not required.
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 is not required.
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to understand if it were divided
into more (but shorter) sections? (A ``section'' appears in bold type
and is preceded by the symbol ``Sec. '' and a numbered heading; for
example, Sec. 12.2 Policy.) (5) Is the description of the rule in the
``Supplementary Information'' section of the preamble helpful in
understanding the proposed rule?
What else could we do to make the rule easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street, NW,
[[Page 72289]]
Washington, DC 20240. You may also e-mail the comments to this address:
E[email protected]
List of Subjects in 43 CFR Part 12
Administrative practice and procedure, Contract programs,
Cooperative agreements, Grant programs, Grants administration,
Reporting and recordkeeping requirements.
Dated: December 13, 1999.
Robert J. Lamb,
Acting Assistant Secretary--Policy, Management and Budget.
PART 12--[AMENDED]
Accordingly, Part 12 of title 43 of the Code of Federal Regulations
is amended as follows:
1. The authority citation for part 12 is revised to read as
follows:
Authority: 5 U.S.C. 301; 31 U.S.C. 6101 note, 7501; 41 U.S.C.
252a, 701 et seq; Pub. L. 104-256, 110 Stat. 1396; sec. 501, Pub. L.
105-62, 111 Stat. 1338; sec. 503, Pub. L. 105-62, 111 Stat. 1339;
sec. 303, Pub. L. 105-83, 111 Stat. 1589; sec. 307, Pub. L. 105-83,
111 Stat.1590; E.O. 12549, 3 CFR, 1986 Comp., p. 189; E.O. 12674, 3
CFR, 1989 Comp., 215; E.O. 12689, 3 CFR, 1989 Comp., p. 235; E.O.
12731, 3 CFR, 1990 Comp., p. 306; E.O. 13043, 62 FR 19217; 3 CFR,
1997 Comp., p. 195; OMB Circular A-102; OMB Circular A-110; and OMB
Circular A-133.
Subpart A--Administrative and Audit Requirements and Cost
Principles for Assistance Programs
2. Section 12.2 is amended by adding paragraph (e) to read as
follows:
Sec. 12.2 What policies are financial assistance awards and subawards
in the form of grants and cooperative agreements subject to?
* * * * *
(e)(1) Executive Order 13043, ``Increasing Seat Belt Use in the
United States,'' dated April 16, 1997, do?
(i) If you are a Federal grantee:
You are encouraged to--
(A) Adopt and enforce on-the-job seat belt use policies and
programs for their employees when operating company-owned, rented,
or personally-owned vehicles.
(B) Conduct education, awareness, and other appropriate programs
for their employees about the importance of wearing seat belts and
the consequences of not wearing them.
(2) When does the policy apply?
(i) If a grant or cooperative agreement is being awarded by the
bureau/office of the Department--The policy applies.
(ii) If the recipient awards a grant or cooperative agreement to
a subrecipient--The policy applies.
(3) What term and condition will be incorporated into the grant/
cooperative agreement or sub-award?
Provision
Recipients of grants/cooperative agreements and/or sub-awards
are encouraged to adopt and enforce on-the-job seat belt use
policies and programs for their employees when operating company-
owned, rented, or personally owned vehicles. These measures include,
but are not limited to, conducting education, awareness, and other
appropriate programs for their employees about the importance of
wearing seat belts and the consequences of not wearing them.
End of Provision.
[FR Doc. 99-33165 Filed 12-23-99; 8:45 am]
BILLING CODE 4310-RF-P