99-33165. Administrative and Audit Requirements and Cost Principles for Assistance Programs

[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 [phone]. 
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), [phone].

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-mail]

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