[Federal Register Volume 65, Number 117 (Friday, June 16, 2000)]
[Rules and Regulations]
[Pages 37702-37703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15175]


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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: Final rule.

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SUMMARY: This action finalizes an interim rule the Department of the 
Interior (Department) published in response to the issuance of 
Executive Order 13043 of April 16, 1997, ``IncreasingSeat Belt Use in 
the United States'' (Order). Under Section 1(c), after the date of the 
Order, each Federal agency was required to 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 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 published an interim final rule on December 27, 
1999, because there had been no government-wide implementation of this 
policy. This final rule applies to grants and cooperative agreements 
awarded by the Department, and provides 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 (OMB) chooses 
to implement this requirement through the issuance of a government-wide 
directive, the Department will revise this regulation, as appropriate.

DATES: Effective July 17, 2000.

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 
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.
    OMB generally publishes government-wide administrative requirements 
for grants and cooperative agreements and agencies implement these 
requirements in regulations. Agencies have not been officially notified 
by OMB that they intend to publish government-wide requirements to 
implement the Order.
    Because of the need to implement the Order's requirements, the 
Department is publishing this regulation to cover the Department's 
awards of grants and cooperative agreements. 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 Order. For those bureaus/offices within the Department which 
prefer to simply reference this rule as 43 CFR part 12, inclusion of 
the specific provision will not be required.

Compliance With Laws, Executive Orders, and Department Policy

    This document was 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 certifies that this rule 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 
this 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-

[[Page 37703]]

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. This 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.) was not required.
    In accordance with Executive Order 12630, this 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, this 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 is not considered 
to be 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 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 was 
not required. An OMB form 83-I was 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 was not required.

Analysis of Comments

    One public comment was received in response to the publication of 
the interim final rule. A respondent from the State of Ohio commented 
that the rule was an arbitary, unnecessary and unwarranted intrusion by 
the federal government to affect behavior in an area tangential, at 
best, to its constitutional responsibilities. The commenter recommended 
that the rule be withdrawn so that federal employees could focus on 
their real and important work. The Department is publishing the 
regulation because of the requirement in Section 2 of the Order which 
directed all agencies of the executive branch to promulgate rules to 
further the policies of the Order.
    An internal commenter objected to the requirement to include the 
manual add-in provision in their grants and cooperative agreements and 
asked that Section 12.2 (e)(3) and its provision be deleted entirely 
since it was redundant and unnecessary. This comment was the only one 
received of this nature and to accommodate their concerns, the final 
rule will allow either the inclusion of the provision or a reference to 
the applicability of 43 CFR part 12.

List of Subjects in 43 CFR Part 12

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

    Accordingly, the interim rule amending 43 CFR part 12 which was 
published at 64 FR 72287 on December 27, 1999, is adopted as a final 
rule without change.

    Dated: May 31 2000.
Lisa Guide,
Deputy Assistant Secretary for Policy and International Affairs.
[FR Doc. 00-15175 Filed 6-15-00; 8:45 am]
BILLING CODE 4310-RF-U