[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Rules and Regulations]
[Pages 41877-41879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20402]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 74
Miscellaneous Amendments
AGENCY: Department of Health and Human Services, (HHS).
ACTION: Final rule.
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SUMMARY: This final rule will remove appendixes I and J, which contain
the text of Office Management and Budget (OMB) Circulars A-128 and A-
133, from 45 CFR part 74. It will also update several items to conform
them to the Federal Acquisition Streamlining Act of 1994 and correct a
confusing statement which resulted from two typographical errors in
that portion of OMB Circular A-110 upon which this statement is based.
EFFECTIVE DATE: This rule is effective September 3, 1997.
FOR FURTHER INFORMATION CONTACT:
Charles Gale, Director, Office of Grants Management, 202-690-6377; for
the hearing impaired only: TDD 202-690-6415.
SUPPLEMENTARY INFORMATION: Pursuant to the President's Regulatory
Reform Initiative, we have identified appendixes I and J of 45 CFR part
74 as unnecessary. These appendixes are being removed because they
simply repeat the texts of Circulars A-133 (an out-of-date version of
the Circular) and A-128 respectively. In addition, various references
to appendixes I and J are also being removed.
Copies of Circulars A-128 and A-133 are widely available
electronically; they may also be obtained from OMB and from the HHS
Office of Grants Management.
We are also making the following non-substantive changes and
corrections:
1. We are updating the definition of ``small awards'' in section
74.2 and changing ``small purchase'' threshold to ``simplified
acquisition'' threshold everywhere that it appears. These actions are
to conform these terms to the Federal Acquisition Streamlining Act of
1994 (FASA) (108 Stat. 3243).
[[Page 41878]]
2. We are correcting a confusing statement in 45 CFR 74.44(e) which
resulted from two typographical errors in the equivalent paragraph OMB
Circular A-110 upon which this statement is based. We are accomplishing
this correction by removing the work ``and,'' which had erroneously
been included between the term ``pre-award review'' and the term
``procurement documents,'' and adding an ``s'' to the work ``request''
in the term ``request for proposals.''
3. We are correcting an erroneous amendment to 45 CFR part 74's
implementation of the Copeland ``Anti-Kickback'' Act (18 U.S.C. and 40
U.S.C. 276c) which was published in the final amendments of March 22,
1996 (61 FR 117147). (45 CFR part 74, appendix A)
Regulatory Impact Analyses
Executive Order 12866
This final rule was submitted to OMB.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this final rule before publication and, by
approving it, certifies that it will not have a significant impact on a
substantial number of small entities.
Paperwork Reduction Act
This final rule does not include information collection
requirements requiring approval under the Paperwork Reduction Act of
1995 (44 U.S.C. Ch. 35).
Justification for Waiver of Proposed Rulemaking
As a matter of longstanding policy set forth at 36 FR 2532 (Feb. 5,
1971), the Department of Health and Human Services normally follows the
notice of proposed rulemaking and public comment (NPRM) procedures set
forth in the Administrative Procedure Act (APA), 5 U.S.C. 553, even
when it is not required by the APA to do so. The APA, however, provides
for an exception to the NPRM procedures when an agency finds that there
is good cause for dispensing with such procedures on the grounds that
they are impracticable, unnecessary or contrary to the public interest.
We find that the publication of this regulation in proposed form
would be unnecessary and contrary to the public interest for the
following reasons:
This final rule removes from 45 CFR part 74 appendixes I
and J, both of which are unnecessary since they simply repeat the
language of OMB Circulars A-128 and A-133, which Circulars are
referenced in the body of the regulation and otherwise readily
available to the public. We conclude that public comment on this non-
substantive change is unnecessary.
Also, this regulation makes several non-substantive
amendments to update the definition of the term ``small award,'' and to
change the term ``small purchase'' threshold to ``simplified
acquisition'' threshold, which actions are to conform these terms to
those in the Federal Acquisition Streamlining Act of 1994 (FASA).
Although we are not specifically required by FASA to make these
changes, FASA, along with previous acquisition acts, have generally
been used to provide definitions for these terms. Since these changes
merely reflect those which are required by law for contracts, we
conclude that public comment on them would serve no useful purpose and
is unnecessary.
Further, this regulation corrects a confusing statement in
45 CFR 74.44(e), which resulted from two typographical errors in the
equivalent portion of OMB Circular A-110 upon which it is based. It is
our view that public comment on these minor, straightforward, non-
substantive corrections is unnecessary and is contrary to public
interest, since it would only delay making these helpful corrections.
Finally, this regulation would also correct an erroneous
amendment to 45 CFR part 74's implementation of the Copeland ``Anti-
Kickback'' Act (18 U.S.C. 874 and 40 U.S.C. 276c), which we had
published in the March 22, 1996 final amendments to 45 CFR part 74. (61
FR 11747). Since this is a non-substantive correction which is required
for proper implementation of this provision, we find that public
comment is unnecessary and is contrary to the public interest, since it
would delay making this helpful correction.
List of Subjects in 45 CFR part 74
Accounting, Administrative practice and procedures, Grants
administration, Reporting and recordkeeping requirements.
(Catalog of Federal Domestic Assistance Number does not apply.)
Dated: February 25, 1997.
Donna E. Shalala,
Secretary.
Accordingly, title 45, part 74, of the Code of Federal Regulations
is amended as follows:
PART 74--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR AWARDS AND
SUBAWARDS TO INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER
NONPROFIT ORGANIZATIONS, AND COMMERCIAL ORGANIZATIONS; AND CERTAIN
GRANTS AND AGREEMENTS WITH STATES, LOCAL GOVERNMENTS AND INDIAN
TRIBAL GOVERNMENTS
1. The authority citation for part 74 is revised to read as
follows:
Authority: 5 U.S.C. 301; OMB Circular A-110 (58 FR 62992,
November 29, 1993).
2. The table of contents is amended by removing appendixes I and J.
Sec. 74.2 [Amended]
3. In section 74.2 the definition of ``Small awards'' is amended by
removing the words ``small purchase threshold fixed at 41 U.S.C.
403(11) (currently $25,000)'' and adding, in their place, the words
``simplified acquisition threshold fixed at 41 U.S.C. 403(11)
(currently $100,000)''.
Sec. 74.26 [Amended]
4. Section 74.26(a) is amended by removing the words ``(See
appendix I to this part.)''.
5. Section 74.26(c) is amended by removing the words ``(See
appendix J to this part.)''.
6. Section 74.44 is amended by revision paragraph (e) to read as
follows:
Sec. 74.44 Procurement procedures.
* * * * *
(e) Recipients shall, on request, make available for HHS awarding
agency pre-award review, procurement documents such as requests for
proposals or invitations for bids, independent cost estimates, etc.,
when any of the following conditions apply:
* * * * *
Secs. 74.44, 74.46, 74.48, and appendix A paragraph 8 [Amended]
7. Remove the words ``small purchase threshold'' and add, in their
place, the words ``simplified acquisition threshold'' in the following
places:
a. Section 74.44(e)(3), (e)(4), and (e)(5);
b. Section 74.46;
c. Section 74.48(a) and (d); and
d. Appendix A, paragraph 8.
Appendix A To Part 74 [Amended]
8. Paragraph 2 of appendix A is amended by removing the amount
``$100,000'' and adding, in its place, the amount ``$2,000''.
Appendix I To Part 74 [Removed]
9. Appendix I is removed.
[[Page 41879]]
Appendix J To Part 74 [Removed]
10. 10. Appendix J is removed.
[FR Doc. 97-20402 Filed 8-1-97; 8:45 am]
BILLING CODE 4150-04-M
