[Federal Register Volume 67, Number 210 (Wednesday, October 30, 2002)]
[Notices]
[Page 66109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27546]


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DEPARTMENT OF COMMERCE

[Docket No. 010925233-2253-02]


Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements

AGENCY: Department of Commerce (DoC).

ACTION: Notice.

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SUMMARY: The notice amends the Department of Commerce Pre-Award 
Notification Requirements for Grants and Cooperative Agreements. On 
October 1, 2001, the Department of Commerce (DoC) announced in the 
Federal Register (66 FR 49917) Department-wide requirements which 
pertain to information provided to applicants for funding under grants 
and cooperative agreements awarded by DoC.

DATES: This amendment is effective October 30, 2002.

FOR FURTHER INFORMATION CONTACT: Elizabeth Dorfman, Office of Executive 
Assistance Management, Telephone Number--202-482-4115.

SUPPLEMENTARY INFORMATION: The DoC is amending the Department of 
Commerce Pre-Award Notification Requirements for Grants and Cooperative 
Agreements which was published in the Federal Register on October 1, 
2001. This amendment updates provisions for review and approval of 
indirect cost rate proposals for those organizations for which DoC is 
cognizant or has oversight. In January 2002, the U. S. General 
Accounting Office issued Amendment No. 3, Independence, to the 
Government Auditing Standards. These new standards do not allow our 
Office of Inspector General to continue to perform these services, 
therefore, the Office of Executive Budgeting and Assistance Management, 
which is organizationally located under the DoC Chief Financial Officer 
and Assistant Secretary for Administration, will be responsible for the 
review of cost allocation procedures and negotiation of indirect cost 
rates for those organizations for which DoC is cognizant or has 
oversight. Therefore, DoC procedures for review, negotiation, and 
approval of indirect cost rates are being revised.
    In the first column on page 49919, paragraph B.5.(c)(1) should be 
replaced with the following:
    (1) For those organizations for which DoC is cognizant or has 
oversight, DoC or its designee either will negotiate a fixed rate for 
the recipient or, in some instances, will limit its review to 
evaluating the procedures described in the recipient's cost allocation 
methodology plan. Indirect cost rates and cost allocation methodology 
reviews are subject to future audits to determine actual indirect 
costs. Within 90 days of the award start date, the recipient shall 
submit to the address listed below documentation (indirect cost 
proposal, cost allocation plan, etc.) necessary to perform the review. 
The recipient shall provide the Grants Officer with a copy of the 
transmittal letter. Office of Executive Assistance Management, 
Department of Commerce, 14th Street and Constitution Avenue, NW., Room 
H-6022, Washington, DC 20230.
    2. In the second column on page 49919, paragraph B.5.(c)(3) should 
be replaced with the following:
    (3) If the recipient fails to submit the required documentation to 
DoC or other oversight or cognizant Federal agency within 90 days of 
the award start date, the Grants Officer may amend the award to 
preclude the recovery of any indirect costs under the award. If the 
DoC, oversight, or cognizant Federal agency determines there is a 
finding of good and sufficient cause to excuse the recipient's delay in 
submitting the documentation, an extension of the 90-day due date may 
be approved by the Grants Officer.

Classification Executive Order 12866

    This notice has been determined to be ``not significant'' for 
purposes of Executive Order 12866, ``Regulatory Planning and Review.''

Administrative Procedure Act and Regulatory Flexibility Act

    Notice and comment are not required under the Administrative 
Procedure Act (5 U.S.C. 553), or any other law, for this notice 
relating to public property, loans, grants, benefits, or contracts (5 
U.SC. 553(a)). Because notice and comment are not required for this 
notice, the analytical requirements of the Regulatory Flexibility Act, 
5 U.S.C. 601 et seq., are not required and has not been prepared for 
this notice.

Executive Order 13132 (Federalism)

    It has been determined that this notice does not contain policies 
with Federalism implications as that term is defined in Executive Order 
13132.

Paperwork Reduction Act

    This action does not impose any new reporting or recordkeeping 
requirements under the Paperwork Reduction Act. Notwithstanding any 
other provisions of the law, no person is required to respond to, nor 
shall any person be subject to a penalty for failure to comply with a 
collection-of-information, subject to the requirements of the Paperwork 
Reduction Act (PRA), 44 U.S.C. 3501 et seq., unless that collection of 
information displays a currently valid Office of Management and Budget 
(OMB) control number.

List of Subjects

    Accounting, Administrative practice and procedures, Grants 
administration, Grant programs-economic development, Grant programs-
oceans, atmosphere and fisheries management, Grant programs-minority 
businesses, Grant programs-technology, Grant programs-
telecommunications, Grant programs-international, Reporting and 
recordkeeping requirements.

    Issued this 22nd day of October, 2002, in Washington, DC.
Robert F. Kugelman,
 Director, Office of Executive Budgeting and Assistance Management.
[FR Doc. 02-27546 Filed 10-29-02; 8:45 am]
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