[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Rules and Regulations]
[Pages 44273-44278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20299]


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DEPARTMENT OF ENERGY

10 CFR Parts 600 and 1024

RIN 1991-AB77


Assistance Regulations

AGENCY: Department of Energy.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (DOE) amends its Financial Assistance 
Regulations to update, streamline, and simplify the general rules. DOE 
also removes regulations governing the DOE Financial Assistance Appeals 
Board.

DATES: This rulemaking is effective September 28, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Jacqueline Kniskern, Office of 
Procurement and Assistance Policy, U.S. Department of Energy, at 202-
287-1342, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background
II. Procedural Requirements
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act of 1980
    C. Review Under the Paperwork Reduction Act of 1980
    D. Review Under the National Environmental Policy Act
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under the Treasury and General Government 
Appropriations Act, 2001
    J. Review Under Executive Order 13211
    K. Approval by the Office of the Secretary of Energy

I. Background

    DOE has been actively engaged in the government-wide effort to 
streamline and simplify the application, administrative and reporting 
procedures for Federal financial assistance programs pursuant to the 
Federal Financial Assistance Management Improvement Act of 1999, Public 
Law 106-107.
    As part of this initiative, DOE has solicited comments and 
suggestions from the grant community and made changes to its assistance 
regulations. In particular, the DOE added to 10 CFR part 600 Subpart D, 
Administrative Requirements for Grants and Cooperative Agreements with 
For-Profit Organizations, in a rule published in the Federal Register 
at 68 FR 50645 on August 21, 2003.
    DOE has also incorporated policy directives issued by the Office of 
Management and Budget (OMB) that established a standard format for 
Federal agency announcements of funding opportunities under programs 
that award discretionary grants or cooperative agreements, established 
standard data elements for electronically posting synopses of Federal 
agencies' announcements of funding opportunities, and required Federal 
agencies to post synopses of their discretionary grant and cooperative 
agreement funding opportunity announcements on the Grants.gov Web site, 
http://www.Grants.gov. The final rule incorporating these policy 
directives was published in the Federal Register at 69 FR 7865 on 
February 20, 2004. In addition, DOE developed a standard format for its 
funding opportunity announcements and revised systems to comply with 
the new posting requirements.
    On May 16, 2008, a Notice of Proposed Rulemaking (NOPR) was 
published in the Federal Register (73 FR 28385) that detailed changes 
to update, streamline and simplify the general rules in 10 CFR 600, 
Subpart A of its Financial Assistance Rules. The NOPR also proposed to 
remove the regulations at 10 CFR part 1024 governing the DOE Financial 
Assistance Appeals Board. This Board was abolished when DOE's Energy 
Board of Contract Appeals was merged into the Civilian Board of 
Contract Appeals as required by Section 847 of the National Defense 
Authorization Act for Fiscal Year 2006, Public Law 109-163.
    DOE received no comments from members of the public in response to 
the NOPR. Nevertheless, DOE made the following technical changes to the 
text of the rule.
    1. Section 600.5(d) is revised to add a reference to Section 
600.352 after 600.162 and 600.243.
    2. Section 600.7(c) is revised to show the referenced Sections to 
be 600.144, 60.236 and 600.331.
    3. Section 600.25(a)(2) is revised to correct the modifying ``An'' 
to ``A''.

II. Procedural Requirements

A. Review Under Executive Order 12866

    This regulatory action has been determined not to be ``a 
significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and Review,'' (58 FR 51735, October 4, 1993). 
Accordingly, this action is not subject to review under that Executive 
Order by the Office of Information and Regulatory Affairs (OIRA) of the 
Office of Management and Budget (OMB).

B. Review Under Regulatory Flexibility Act of 1980

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant

[[Page 44274]]

economic impact on a substantial number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking'' (67 FR 53461, August 16, 2002), DOE published 
policies and procedures to ensure that the potential impacts of its 
draft rules on small entities are properly considered during the 
rulemaking process (68 FR 7990, February 19, 2003), and has made them 
available on the Office of General Counsel's Web site: http://www.gc.doe.gov. DOE has reviewed today's rule under the provisions of 
the Regulatory Flexibility Act and the procedures and policies 
published on February 19, 2003. Today's final rule subjects small 
entities either to requirements that parallel government-wide 
requirements that OMB Circular A-110 establishes for other assistance 
awards, or to less burdensome requirements that enable firms from the 
commercial marketplace to participate in DOE research, development, and 
demonstration projects. Today's proposed amendments would not alter the 
substance of the OMB requirements or impose significant additional 
burdens. On the basis of the foregoing, DOE certifies that this rule 
does not have a significant economic impact on a substantial number of 
small entities. DOE did not prepare a regulatory flexibility analysis 
for this rulemaking.

C. Review Under the Paperwork Reduction Act of 1995

    This regulatory action will not impose any additional reporting or 
recordkeeping requirements subject to approval under the Paperwork 
Reduction Act.

D. Review Under the National Environmental Policy Act

    DOE has concluded that promulgation of this rule falls into a class 
of actions that would not individually or cumulatively have a 
significant impact on the human environment, as determined by DOE's 
regulations implementing the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). Specifically, this rule establishes 
guidelines and procedures for application and review, administration, 
audit and closeout of assistance instruments, and, therefore, is 
covered under the Categorical Exclusion in paragraph A6 of Appendix A 
to Subpart D, 10 CFR Part 1021. Accordingly, neither an environmental 
assessment nor an environmental impact statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, 64 FR 43255 (August 4, 1999), imposes 
certain requirements on agencies formulating and implementing policies 
or regulations that preempt State law or that have federalism 
implications. Agencies are required to examine the constitutional and 
statutory authority supporting any action that would limit the 
policymaking discretion of the States and carefully assess the 
necessity for such actions. DOE has examined today's rule and has 
determined that it does not preempt state law and does not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729, (February 7, 1996), imposes on 
executive agencies the general duty to adhere to the following 
requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; (3) provide a clear legal standard 
for affected conduct rather than a general standard; and (4) promote 
simplification and burden reduction. Section 3(b) of Executive Order 
12988 specifically requires that executive agencies make every 
reasonable effort to ensure that the regulation: (1) Clearly specifies 
the preemptive effect, if any; (2) clearly specifies any effect on 
existing Federal law or regulation; (3) provides a clear legal standard 
for affected conduct while promoting simplification and burden 
reduction; (4) specifies the retroactive effect, if any; (5) adequately 
defines key terms; and (6) addresses other important issues affecting 
clarity and general draftsmanship under any guidelines issued by the 
United States Attorney General. Section 3(c) of Executive Order 12988 
requires executive agencies to review regulations in light of 
applicable standards in sections 3(a) and 3(b) to determine whether 
they are met or if it is unreasonable to meet one or more of them. DOE 
has completed the required review and determined that, to the extent 
permitted by law, this rule meets the relevant standards of Executive 
Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally 
requires Federal agencies to examine closely the impacts of regulatory 
actions on State, local, tribal governments. Subsection 101(5) of title 
I of that law defines a Federal intergovernmental mandate to include a 
regulation that would impose upon State, local, or tribal governments 
an enforceable duty, except a condition of Federal assistance or a duty 
arising from participating in a voluntary Federal program. Title II of 
that law requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and tribal governments, in the 
aggregate, or the private sector, other than to the extent such actions 
merely incorporate requirements specifically set forth in a statute. 
Section 202 of the title requires a Federal agency to perform a 
detailed assessment of the anticipated costs and benefits of any rule 
that includes a Federal mandate which may result in costs to State, 
local, or tribal governments, or the private sector, of $100 million or 
more in any one year (adjusted annually for inflation). 2 U.S.C. 
1532(a) and (b). Section 204 of that title requires each agency that 
proposed a rule containing a significant Federal intergovernmental 
mandate to develop an effective process for obtaining meaningful and 
timely input from elected officers of State, local, and tribal 
governments. 2 U.S.C. 1534.
    This rule amends the assistance regulations to streamline and 
simplify procedures for soliciting, awarding, and administering 
financial assistance agreements. The rule does not result in the 
expenditure by State, local, and tribal governments, in aggregate, or 
by the private sector of $100 million or more in any one year. 
Accordingly, no assessment or analysis is required under the Unfunded 
Mandates Reform Act of 1995.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any proposed rule or policy that may affect 
family well-being. This rule will not have any impact on the autonomy 
or integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policy 
Assessment.

[[Page 44275]]

I. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001, 44 
U.S.C. 3516 note, provides for agencies to review most disseminations 
of information to the public under implementing guidelines established 
by each agency pursuant to general guidelines issued by OMB. OMB's 
guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's 
guidelines were published at 67 FR 62446 (October 7, 2002). DOE has 
reviewed today's rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

J. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to the 
OMB a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    This regulatory action would not have a significant adverse effect 
on the supply, distribution, or use of energy and is therefore not a 
significant energy action. Accordingly, DOE has not prepared a 
Statement of Energy Effects.

K. Approval by the Office of the Secretary of Energy

    The Office of the Secretary has approved the issuance of this final 
rule.

List of Subjects in 10 CFR Parts 600 and 1024

    Administrative practice and procedure, Assistance programs.

    Issued in Washington, DC, on August 18, 2009.
Edward R. Simpson,
Director, Office of Procurement and Supply Management, Office of 
Management, Department of Energy.
Barbara H. Stearrett,
Acting Director, Office of Acquisition and Assistance Management, 
National Nuclear Security Administration.

0
For the reasons set out in the preamble, Part 600 of Chapter II, and 
Part 1024 of Chapter X, Title 10 of the Code of Federal Regulations, 
are amended as follows:

PART 600--FINANCIAL ASSISTANCE RULES

0
1. The authority citation for part 600 continues to read as follows:

    Authority: 42 U.S.C. 7101 et seq.; 31 U.S.C. 6301-6308; 50 
U.S.C. 2401 et seq., unless otherwise noted.


Sec.  600.2  [Amended]

0
2. Section 600.2 is amended in paragraph (a) by removing 
``solicitations'' and adding ``funding opportunity announcement'' in 
its place.
0
3. Section 600.3 is amended in the definition of ``Amendment'' by 
capitalizing ``Contracting Officer'', and by adding new definitions in 
alphabetical order for ``Cost sharing or matching'' and ``Total Project 
Cost'' to read as follows:


Sec.  600.3  Definitions.

* * * * *
    Cost sharing or matching means that portion of project or programs 
costs not borne by the Federal Government.
* * * * *
    Total Project Cost means all allowable costs, as set forth in the 
applicable Federal cost principles, incurred in accomplishing the 
objective of the project during the project period, including the value 
of contributions made by third parties and costs incurred by Federally 
Funded Research and Development Centers.

0
4. Section 600.4 paragraph (a)(1) is amended by revising the second 
sentence to read as follows:


Sec.  600.4  Deviations.

    (a) General. (1) * * * The use of optional or discretionary 
provisions of this part, including special restrictive conditions used 
in accordance with Sec. Sec.  600.114, 600.212, and 600.304 are not 
deviations. * * *
* * * * *


Sec.  600.5  Selection of Award Instrument.

0
5. Section 600.5, paragraph (d) is amended by removing ``Sec. Sec.  
600.162 and 600.243'' and adding in its place ``Sec. Sec.  600.162, 
600.243 and 600.352''.
0
6. Section 600.6 is revised to read as follows:


Sec.  600.6  Eligibility.

    (a) General. DOE shall solicit applications for financial 
assistance in a manner which provides for the maximum amount of 
competition feasible.
    (b) Restricted eligibility. If DOE restricts eligibility, an 
explanation of why the restriction of eligibility is considered 
necessary shall be included in the funding opportunity announcement, 
program rule, or published notice.
    (1) If the aggregate amount of DOE funds available for award under 
a funding opportunity announcement or published notice is $1million or 
more, unless authorized by statute or program rule, such restriction of 
eligibility shall be:
    (i) Supported by a written determination initiated by the program 
office;
    (ii) Concurred in by legal counsel and the Contracting Officer; and
    (iii) Approved by an official no less than one level below the 
responsible program Assistant Secretary, Deputy Administrator, or other 
official of equivalent authority.
    (2) Where the amount of DOE funds is less than $1 million, the 
cognizant HCA and the Contracting Officer may approve the 
determination.
    (c) Noncompetitive financial assistance. DOE may award a grant or 
cooperative agreement on a noncompetitive basis only if the application 
satisfies one or more of the following selection criteria:
    (1) The activity to be funded is necessary to the satisfactory 
completion of, or is a continuation or renewal of, an activity 
presently being funded by DOE or another Federal agency, and for which 
competition for support would have a significant adverse effect on 
continuity or completion of the activity.
    (2) The activity is being or would be conducted by the applicant 
using its own resources or those donated or provided by third parties; 
however, DOE support of that activity would enhance the public benefits 
to be derived and DOE knows of no other entity which is conducting or 
is planning to conduct such an activity.
    (3) The applicant is a unit of government and the activity to be 
supported is related to performance of a governmental function within 
the subject jurisdiction, thereby precluding DOE provision of support 
to another entity.

[[Page 44276]]

    (4) The applicant has exclusive domestic capability to perform the 
activity successfully, based upon unique equipment, proprietary data, 
technical expertise, or other such unique qualifications.
    (5) The award implements an agreement between the United States 
Government and a foreign government to fund a foreign applicant.
    (6) Time constraints associated with a public health, safety, 
welfare or national security requirement preclude competition.
    (7) The proposed project was submitted as an unsolicited proposal 
and represents a unique or innovative idea, method, or approach that 
would not be eligible for financial assistance under a recent, current, 
or planned funding opportunity announcement, and if, as determined by 
DOE, a competitive funding opportunity announcement would not be 
appropriate.
    (8) The responsible program Assistant Secretary, Deputy 
Administrator, or other official of equivalent authority determines 
that a noncompetitive award is in the public interest. This authority 
may not be delegated.
    (d) Approval requirements. (1) Where the amount of DOE funds is $1 
million or greater, determinations of noncompetitive awards shall be:
    (i) Documented in writing;
    (ii) Concurred in by the responsible program technical official and 
local legal counsel; and
    (iii) Approved, prior to award, by the responsible program 
Assistant Secretary, Deputy Administrator, or official of equivalent 
authority and the Contracting Officer. The approval authority may be 
delegated to one organizational level below the Assistant Secretary, 
Deputy Administrator, or official of equivalent authority.
    (2) Where the amount of DOE funds is less than $1 million, 
determinations of noncompetitive awards shall be:
    (i) Documented in writing;
    (ii) Concurred in by local legal counsel, unless for a particular 
award or class of awards of $1 million or less, review is waived by 
legal counsel; and
    (iii) Approved by the cognizant HCA and the Contracting Officer.


Sec.  600.7  [Amended]

0
7. Section 600.7, paragraph (c) is amended by removing ``Section 
600.111 or Section 600.236'' and adding in its place ``Sec. Sec.  
600.144, 600.236 and 600.331''.
0
8. Section 600.8 is amended as follows:
0
a. The section title is revised as set forth below.
0
b. In paragraph (a) introductory text, the first sentence is amended by 
removing ``Program announcement'' and adding ``Funding Opportunity 
Announcements (FOA)'' in its place.
0
c. In paragraph (a)(1), the last sentence is amended by removing 
``Solicitations'' and adding ``FOAs'' in its place.
0
d. In paragraph (a)(2) introductory text, the first sentence is amended 
by removing ``program announcements'' and adding ``FOAs'' in its place.


Sec.  600.8  Funding Opportunity Announcement.

* * * * *

0
9. Section 600.10 is amended as follows:
0
a. In paragraph (b), the first sentence is amended by removing ``and in 
the number of copies''.
0
b. In paragraph (c)(1), the second sentence is amended by removing ``or 
other approved DOE application form''.
0
c. Paragraph (c)(4) is removed.
0
d. A new paragraph (f) is added to read as follows:


Sec.  600.10  Form and content of applications,

* * * * *
    (f) Registration is required in the Central Contractor Registration 
(CCR) for all applications. Information on registration can be obtained 
at http://www.ccr.gov/Grantees.aspx.


Sec. Sec.  600.11 and 600.12  [Removed and Reserved]

0
10. Sections 600.11 and 600.12 are removed and reserved.


Sec.  600.14  [Reserved]

0
11. Section 600.14 is added and reserved.


Sec.  600.15  [Amended]

0
12. Section 600.15, paragraph (b)(2) is amended by removing 
``solicitation'' and adding ``funding opportunity announcement'' in its 
place.
0
13. Section 600.16, is amended by redesignating paragraph (b) as 
paragraph (c), and by adding a new paragraph (b) to read as follows:


Sec.  600.16  Legal authority and effect of an award.

* * * * *
    (b) Recipients are free to accept or reject the award. A request to 
draw down DOE funds constitutes acceptance; however, DOE may require 
formal acceptance of an award.
* * * * *

0
14. Section 600.17 is revised to read as follows:


Sec.  600.17  Contents of Award.

    Each financial assistance award shall be made on a Notice of 
Financial Assistance Award (NFAA) which contains basic identifying and 
funding information. The NFAA provides the contents of the award 
including any special terms and conditions, program regulations, the 
National Policy Assurances, and any other provisions necessary to 
establish the respective rights, duties, obligations, and 
responsibilities of DOE and the recipient, consistent with the 
requirements of this part.


Sec.  600.18  [Removed and Reserved]

0
15. Section 600.18 is removed and reserved.


Sec.  600.19  [Amended]

0
16. Section 600.19 is amended by removing, in the second sentence, 
``briefly'' and ``and, if for grounds other than unavailability of 
funds, shall offer the unsuccessful applicant the opportunity for a 
more detailed explanation upon request''.


Sec.  600.21  [Amended]

0
17. Section 600.21, paragraph (a) is amended by removing ``Sec. Sec.  
600.153 and 600.242'' and adding in its place ``Sec. Sec.  600.153, 
600.242 and 600.342''.
0
18. Section 600.22 is amended as follows:
0
a. In the last sentence of paragraph (a), the words ``available in 10 
CFR Part 1024'' are removed.
0
b. Paragraphs (d) and (f)(1) are revised.
0
c. Paragraph (e) is amended by removing ``Board'' and adding ``SPE'' in 
its place, for every occurrence.
    The revisions read as follows:


Sec.  600.22  Disputes and appeals.

* * * * *
    (d) Right of appeal. Except as provided in paragraph (f)(1) of this 
section, the final determination under paragraph (c) of this section 
may be appealed to the cognizant Senior Procurement Executive (SPE) for 
either DOE or the National Nuclear Security Administration (NNSA). The 
mailing address for the DOE SPE is Office of Procurement and Assistance 
Management, 1000 Independence Ave., SW, Washington, DC 20585. The 
mailing address for the NNSA SPE is Office of Acquisition and Supply 
Management, 1000 Independence Ave., SW., Washington, DC 20585.
* * * * *
    (f) Review on appeal. (1) The SPE shall have no jurisdiction to 
review
    (i) Any preaward dispute (except as provided in paragraph 
(f)(2)(ii) of this section), including use of any special restrictive 
condition pursuant to Sec. Sec.  600.114, 600.212, or 600.304;

[[Page 44277]]

    (ii) DOE denial of a request for a deviation under Sec. Sec.  
600.4, 600.103, 600.205, or 600.303 of this part;
    (iii) DOE denial of a request for a budget revision or other change 
in the approved project under Sec. Sec.  600.125, 600.127, 600.222, 
600.230, 600.315, or 600.317 of this part or under another term or 
condition of the award;
    (iv) Any DOE action authorized under Sec. Sec.  600.162(a)(1), (2), 
(3) or (5), 600.243(a)(1), (a)(3), or 600.352(a)(1), (2), (3) or (5) 
for suspensions only; or Sec. Sec.  600.162(a)(4), 600.243(a)(4) or 
600.352(a)(4) for actions disapproving renewal applications or other 
requests for extension of time or additional funding for the same 
project when related to recipient noncompliance, or such actions 
authorized by program rule;
    (v) Any DOE decision about an action requiring prior DOE approval 
under Sec. Sec.  600.144, 600.236, or 600.331 of this part or under 
another term or condition of the award;
* * * * *


Sec.  600.23  [Removed and Reserved]

0
19. Section 600.23 is removed and reserved.


Sec.  600.24  [Amended]

0
20. Section 600.24 is amended in paragraphs (a)(3) and (b) introductory 
text by removing ``or Sec.  600.243(a)'' and adding ``Sec. Sec.  
600.243(a), 600.312(g), or 600.352(a)'' in its place.
0
21. Section 600.25 is amended in:
0
a. Paragraph (a)(1) by removing ``or Sec.  600.243(a)'' and adding 
``Sec. Sec.  600.243(a) or 600.352(a)'' in its place.
0
b. Paragraph (a)(2) by removing ``An'' and adding ``A'' in its place 
and by removing ``Sec.  600.23'' and adding ``2 CFR 180 and 901'' in 
its place.
0
c. Paragraph (b) is revised.
0
d. Paragraph (b)(5) by removing ``and Sec. Sec.  600.250 through 
600.252'' and adding ``Sec. Sec.  600.250 through 600.252 and 
Sec. Sec.  600.350 through 600.353'' in its place.
0
e. Paragraph (d) by removing ``or Sec. Sec.  600.243 through 600.244'' 
and adding ``Sec. Sec.  600.243 through 600.244 or Sec. Sec.  600.350 
through 600.353'' in its place.
0
f. Paragraph (f) by removing ``or Sec. Sec.  600.243 through 600.244'' 
and adding ``Sec. Sec.  600.243 through 600.244 or Sec. Sec.  600.350 
through 600.353'' in its place.
    The revision reads as follows:


Sec.  600.25  Suspension and termination.

* * * * *
    (b) Notification requirements. Except as provided in Sec. Sec.  
600.24, 600.162(a), 600.243(a), or 600.352(a) before suspending or 
terminating an award for cause, DOE shall mail to the awardee (by 
certified mail, return receipt requested) a separate written notice in 
addition to that required by Sec.  600.24(a) at least ten days prior to 
the effective date of the suspension or termination. Such notice shall 
include, as appropriate:
    (1) The factual and legal bases for the suspension or termination;
    (2) The effective date or dates of the DOE action;
    (3) If the action does not apply to the entire award, a description 
of the activities affected by the action;
    (4) Instructions concerning which costs shall be allowable during 
the period of suspension, or instructions concerning allowable 
termination costs, including in either case, instructions concerning 
any subgrants or contracts;
    (5) Instructions concerning required final reports and other 
closeout actions for terminated awards (see Sec. Sec.  600.170 through 
600.173, Sec. Sec.  600.250 through 600.252, and Sec. Sec.  600.350 
through 600.353);
    (6) A statement of the awardee's right to appeal a termination for 
cause pursuant to Sec.  600.22; and
    (7) The dated signature of a DOE Contracting Officer.
* * * * *


Sec.  600.26  [Removed and Reserved]

0
22. Section 600.26 is removed and reserved.


Sec.  600.28  [Removed and Reserved]

0
23. Section 600.28 is removed and reserved.


Sec.  600.29  [Amended]

0
24. Section 600.29 is amended as follows:
0
a. In paragraph (b)(1), ``$100,000'' is removed and ``$250,000'' is 
added in its place.

0
b. In paragraphs (b)(5) and (b)(6) ``Contracting Officer'' is 
capitalized.
0
25. Section 600.30 is revised to read as follows:


Sec.  600.30  Cost sharing.

    In addition to the requirements of Sec. Sec.  600.123, 600.224, or 
600.313, the following requirements apply to research, development, 
demonstration and commercial application activities projects:
    (a) Cost sharing is required for most financial assistance awards 
for research, development, demonstration and commercial applications 
activities initiated after the enactment of the Energy Policy Act of 
2005 on August 8, 2005. This requirement does not apply to:
    (1) An award under the small business innovation research program 
or the small business technology transfer program; or
    (2) A program with cost sharing requirements defined by other than 
Section 988 of the Energy Policy Act of 2005 including other sections 
of the 2005 Act and the Energy Policy Act of 1992.
    (b) A cost share of at least 20 percent of the cost of the activity 
is required for research and development except where:
    (1) A research or development activity of a basic or fundamental 
nature has been excluded by an appropriate officer of the Department, 
generally an Under Secretary; or
    (2) The Secretary has determined it is necessary and appropriate to 
reduce or eliminate the cost sharing requirement for a research and 
development activity of an applied nature.
    (c) A cost share of at least 50 percent of the cost of a 
demonstration or commercial application program or activity is required 
unless the Secretary has determined it is necessary and appropriate to 
reduce the cost sharing requirements, taking into consideration any 
technological risk relating to the activity.
    (d) Cost share shall be provided by non-Federal funds unless 
otherwise authorized by statute. In calculating the amount of the non-
Federal contribution:
    (1) Base the non-Federal contribution on total project costs, 
including the cost of work where funds are provided directly to a 
partner, consortium member or subrecipient, such as a Federally Funded 
Research and Development Center;
    (2) Include the following costs as allowable in accordance with the 
applicable cost principles:
    (i) Cash;
    (ii) Personnel costs;
    (iii) The value of a service, other resource, or third party in-
kind contribution determined in accordance with the applicable circular 
of the Office of Management and Budget;
    (iv) Indirect costs or facilities and administrative costs; and/or
    (v) Any funds received under the power program of the Tennessee 
Valley Authority (except to the extent that such funds are made 
available under an annual appropriation Act);
    (3) Exclude the following costs:
    (i) Revenues or royalties from the prospective operation of an 
activity beyond the time considered in the award;
    (ii) Proceeds from the prospective sale of an asset of an activity; 
or
    (iii) Other appropriated Federal funds.

[[Page 44278]]

    (iv) Repayment of the Federal share of a cost-shared activity under 
Section 988 of the Energy Policy Act of 2005 shall not be a condition 
of the award.


Sec.  600.31  [Amended]

0
26. Section 600.31 is amended as follows:
0
a. In paragraph (c), the phrase ``Contracting Officer'' is capitalized 
in all occurrences.
0
b. In paragraph (d), the phrase ``Contracting Officer'' is capitalized.
0
c. In paragraph (f)(5), the phrase ``Contracting Officer'' is 
capitalized.
0
27. Section 600.112 is revised to read as follows:


Sec.  600.112  Forms for applying for Federal assistance.

    (a) General. An application for an award shall be on the form or in 
the format specified in a program rule or in the funding opportunity 
announcement. When a version of the Standard Form 424 is not used, DOE 
shall indicate whether the application is subject to review by the 
State under Executive Order 12372.
    (b) Budgetary information. DOE may request and the applicant shall 
submit the minimum budgetary information necessary to evaluate the 
costs of the proposed project.
    (c) DOE may, subsequent to receipt of an application, request 
additional information from an applicant when necessary for 
clarification or to make informed preaward determinations.
    (d) Continuation and renewal applications. DOE may require that an 
application for a continuation or renewal award be made in the format 
or on the forms authorized by paragraphs (a) and (b) of this section.


Sec.  600.113  [Amended]

0
28. Section 600.113 is amended by removing ``10 CFR part 1036'' and 
adding ``2 CFR 180 and 901'' in its place.


Sec.  600.117  [Removed and Reserved]

0
29. Section 600.117 is removed and reserved.


Sec.  600.305  [Amended]

0
30. Section 600.305 is amended by removing ``10 CFR part 1036'' and 
adding ``2 CFR 180 and 901'' in its place.

PART 1024--[REMOVED]

0
31. Under the authority of 42 U.S.C. 7254, part 1024 is removed.

[FR Doc. E9-20299 Filed 8-27-09; 8:45 am]
BILLING CODE 6450-01-P