80_FR_67472 80 FR 67261 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Direct Grant Programs

80 FR 67261 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Direct Grant Programs

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 211 (November 2, 2015)

Page Range67261-67264
FR Document2015-27766

The Secretary adopts as final regulations of the Department the interim final regulations that were published on December 19, 2014. This action adopts the OMB guidance in title 2 of the CFR as final regulations of the Department. The Secretary amends the interim final regulations to correct technical errors contained in the amendments.

Federal Register, Volume 80 Issue 211 (Monday, November 2, 2015)
[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Rules and Regulations]
[Pages 67261-67264]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27766]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / 
Rules and Regulations

[[Page 67261]]



DEPARTMENT OF EDUCATION

2 CFR Part 3474

34 CFR Parts 74, 75, 76, 77, 80, 101, 206, 222, 225, 226, 270, 280, 
299, 300, 303, 350, 361, 363, 364, 365, 367, 369, 370, 373, 377, 
380, 381, 385, 396, 400, 426, 460, 491, 535, 606, 607, 608, 609, 
611, 614, 628, 636, 637, 642, 643, 644, 645, 646, 647, 648, 650, 
654, 655, 661, 662, 663, 664, 682, 692, 694, and 1100

RIN 1890-AA19


Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards; Direct Grant Programs

AGENCY: Department of Education.

ACTION: Final regulations.

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

SUMMARY: The Secretary adopts as final regulations of the Department 
the interim final regulations that were published on December 19, 2014. 
This action adopts the OMB guidance in title 2 of the CFR as final 
regulations of the Department. The Secretary amends the interim final 
regulations to correct technical errors contained in the amendments.

DATES: These regulations are effective December 2, 2015.

FOR FURTHER INFORMATION CONTACT: Phillip Juengst, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 6056, PCP, Washington, DC 
20202-4450. Telephone: (202) 245-8030 or by email: 
[email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

    Purpose of This Regulatory Action: On December 19, 2014, all of the 
Federal award-making agencies published a joint Interim Final Rule 
(IFR) in the Federal Register, implementing the Office of Management 
and Budget's (OMB) Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal awards (Uniform 
Guidance). The purpose of this action is to adopt the Uniform Guidance 
in 2 CFR part 200, except for 2 CFR 200.102(a), CFR 200.207(a). This 
adoption gives regulatory effect to the OMB guidance and supplements 
that guidance, as needed, for the Department. The authority to amend 
chapter XXXIV of title 2 of the Code of Federal Regulations and 
subtitle A and chapters I, II, III, IV, V, and VI of title 34 of the 
Code of Federal Regulations is 20 U.S.C. 1221e-3, 3474, and 2 CFR part 
200, unless otherwise noted.
    Summary of the Major Provisions of This Regulatory Action: This 
rule allows the Department to incorporate into regulation and thus 
bring into effect the Uniform Guidance as required by OMB and reduces 
administrative burden and risk of waste, fraud, and abuse for the funds 
awarded by the Department through grants and cooperative agreements.
    Costs and Benefits: The Secretary believes that these regulations 
do not impose significant costs on entities that would receive 
assistance through Department of Education programs. The benefits of 
the regulations far outweigh any potential costs incurred by entities. 
The benefits of the amendments in these regulations include eliminating 
duplicative and conflicting guidance contained in eight previously 
separate sets of OMB guidance documents; streamlining reporting 
requirements; reducing burden for entities that have never received an 
indirect cost rate; and setting standard business processes using data 
definitions to reduce administrative burden on non-Federal entities 
that conduct business with multiple federal agencies.
    On December 19, 2014, the Secretary published an IFR for these 
amendments in the Federal Register (79 FR 75871).
    Except for minor editorial and technical revisions, there are no 
differences between the IFR and these final regulations.

Technical Changes

    The Secretary makes two amendments to the interim final regulations 
to correct errors made in the adoption of the Uniform Guidance. First, 
in amending Sec.  75.135 to reference the Uniform Guidance, the 
Department failed to amend paragraph (b) of that section to reference 
the correct requirement in part 200. Second, in amending 34 CFR part 
75, the Department inadvertently removed Sec.  75.263 when we should 
have just revised the cross references in that section to refer to the 
appropriate citation in the Uniform Guidance. These two errors are 
corrected in these final regulations.
    Public Comment: In response to our invitation in the IFR, one party 
submitted comments directed at the Department's proposed adoption of 
the interim final regulations in 2 CFR part 200. Generally, we do not 
address technical and other minor changes raised by the comments.
    Analysis of Comments and Changes: An analysis of the comments 
follows.
    Comment: The commenter requested clarification on whether or not 
the Department would grant local educational agencies (LEAs) a one-year 
grace period for implementing the procurement standards in 2 CFR 
200.317 through 200.326. The commenter also sought clarity on the 
specific date that the procurement standards would go into effect for 
LEAs after the grace period.
    Discussion: The Uniform Guidance regulations, as adopted by the 
Department, 79 FR 75872 (December 19, 2014) authorize all non-Federal 
entities (including LEAs) to delay implementation of the procurement 
requirements in 2 CFR 200.318 through 200.326 for one fiscal year after 
the regulations would otherwise apply to a grant. A recent technical 
amendment to the Uniform Guidance expanded that grace period to two 
years. See 80 FR 54407 (September 10, 2015). As such, each LEA will 
have the option of delaying implementation of the procurement standards 
until the end of its second fiscal year that begins after the effective 
date of the Uniform Guidance (December 26, 2014). For LEAs with a 
fiscal year that ends on June 30, 2015 that decide to defer 
implementation for the full two years, the LEA's new procurement 
standards would not have to be effective until July 1, 2017.
    Changes: None.
    Comment: The commenter requested clarification of the phrase 
``tangible

[[Page 67262]]

personal benefit'' in 2 CFR 200.318(c)(1).
    Discussion: The phrase ``tangible personal benefit'' is new 
language added to the general conflict of interest section of the 
general procurement standards that existed previously under the 
Education Department General Administrative Regulations (EDGAR) 34 CFR 
80.36(b)(3) and OMB Circular A-102. The language was expanded from just 
``financial or other interest in'' to also include ``or a tangible 
personal benefit from'' a firm considered for a contract from a 
grantee. This new language stresses the importance of ensuring that 
employees who select, award, and administer contracts supported by a 
Federal award are free from any real or apparent conflict of interest, 
including financial interests and other non-financial benefits that 
result in a personal benefit for the employee (such as improved 
employment opportunities, business referrals, political influence, 
etc.).
    Changes: None.
    Comment: The commenter expressed concern regarding the conflict of 
interest rules in 2 CFR 200.319(a), specifically with regard to vendors 
with specialized expertise that may collaborate with grant applicants, 
because these vendors would be excluded from competing for a contract 
(if the applicant is awarded a grant) due to their organizational 
conflict of interest. The commenter requested that the Department issue 
guidance allowing vendors to provide minimal input to applicants, such 
as LEAs, for the purpose of informing a Request for Proposal (RFP) and 
to not prohibit these vendors from competing for the RFP because of a 
conflict of interest.
    Discussion: The Department understands that an LEA may need to 
inform itself about the capacity and capability of potential 
contractors in order to prepare an RFP. In the course of doing so, an 
LEA may contact a number of vendors to collect information necessary 
for developing the RFP, as long as the LEA poses its request for 
information broadly so that any potential vendor has an opportunity to 
provide input. Soliciting input from one or two vendors would create, 
in most cases, an unfair competitive advantage constituting an 
organizational conflict of interest.
    Changes: None.
    Comment: The commenter raised concerns with regard to the 
prohibition of using ``brand name'' instead of ``an equal'' product in 
order to avoid restrictive competition under 2 CFR 200.319(a)(6). 
Specifically, the commenter noted that in some cases, a school may have 
already invested in a particular technology infrastructure or selected 
a particular instructional framework and it would be impractical or 
impossible to switch to another product or instructional approach. The 
commenter requested that the Department issue guidance to clarify when 
specifying a ``brand name'' might be appropriate and not considered a 
restriction on competition under 2 CFR 200.319(a)(6).
    Discussion: The new procurement requirements in the Uniform 
Guidance do not require an LEA to abandon a technology or instructional 
approach just because a similar technology or instructional approach 
would cost less. The Department also understands that in some limited 
situations, specifying a ``brand name'' may not restrict competition 
under 2 CFR 200.319(a)(6). If an LEA has already invested in a 
particular infrastructure or instructional framework, specifying a 
``brand name'' compatible with the infrastructure or framework may be 
appropriate. However, the procurement regulations are designed to 
ensure competition so the selected proposal is most advantageous to the 
program, with price and other factors considered. Thus, the LEA needs 
to compete to find the lowest cost supplier of the technology or 
instructional approach (other factors) desired by the LEA. The 
Department will consider developing additional guidance on this issue.
    Changes: None.
    Comment: The commenter noted two instances in which it believes 
that procurement by noncompetitive proposals (sole sourcing) should be 
allowed under 2 CFR 200.320(f)(1) where ``the item is available only 
from a single source.'' The first situation involves instances where an 
LEA has an existing technology infrastructure or instructional 
framework and requires specific hardware or software; the second 
situation involves instances where schools engage in pilot trials for 
educational technologies or instructional strategies or materials and 
want to ``scale up'' the piloted product.
    Discussion: Generally, procurement by noncompetitive proposals is 
procurement through solicitation of a proposal from only one source. 
The use of this procurement method is permitted under very limited 
circumstances, but one basis for an authorized sole source contract is 
when the item is available only from a single source (2 CFR 
200.320(f)(1)). If particular software or hardware is required because 
of an LEA's existing technology infrastructure or instructional 
framework and the hardware or software is truly only available from one 
source, noncompetitive procurement may be appropriate. The LEA must 
maintain records documenting the rationale for why sole sourcing was 
used (2 CFR 200.318(i)). If the desired software or hardware is 
available from more than one vendor, the LEA must use a competitive 
process, as described in 2 CFR 200.320(d).
    LEAs that engage in pilot trials of educational technologies or 
instructional materials that then wish to ``scale up'' are not exempted 
from competitive procurement. Procurement transactions must be 
conducted in a manner providing full and open competition, as described 
in 2 CFR 200.319. If an LEA wants to experiment with a new educational 
technology or instructional strategy or material, it may do so without 
violating conflict of interest requirements by holding an open 
procurement competition, identifying the specifications for the 
technology, strategy, or material and stating the initial contract 
would be for a pilot of that product with an option to ``scale up'' the 
product if the pilot proves successful.
    Changes: None.
    Comment: The commenter raised concerns regarding the cost and 
efficiency of competitive bidding required under 2 CFR 200.320, noting 
that it would be more cost effective for the LEA to perform a cost 
analysis rather than use a Request for Proposal (RFP) process. The 
commenter encouraged the Department to allow for instances when the 
small purchase procedures could be used for procurements that exceed 
the Simplified Acquisition Threshold, including when the item is a 
commercially available product.
    Discussion: The Department has allowed for limited instances when 
small purchase procedures may be used for procurements that exceed the 
simplified acquisition threshold. These limited instances are specified 
in a section in EDGAR that was established in 2013, 34 CFR 75.135, 
which authorizes discretionary grant applicants to use the informal 
small purchase procedures to procure evaluation service providers and 
providers of any other service that is essential to the grant, provided 
that the service provider is identified in the grant application. The 
service provider must be needed to meet a statutory, regulatory, or 
priority requirement related to the competition. See the final 
rulemaking document, published at 78 FR 49352, August 13, 2013, for a 
fuller discussion of the requirements in Sec.  75.135. These limited 
exceptions do

[[Page 67263]]

not include allowing the use of small purchase procedures just because 
an item is a commercial (off the self) product and not one that is 
custom-built based on unique specifications.
    Changes: None.
    Comment: The commenter sought clarification from the Department on 
whether or not price comparison under 2 CFR 200.323 could be considered 
a form of price competition, such that a non-federal entity would not 
be required to negotiated price as a separate element.
    Discussion: Price comparison is not a form of price competition 
that would exempt a non-federal entity from negotiating profit as a 
separate element of the price.
    Changes: None.
    Comment: The commenter sought clarification on the definition of 
``procurement'' for determining whether or not the transaction meets 
the small purchase or simplified acquisition threshold.
    Discussion: The word ``procurement'' is used consistently 
throughout the Uniform Guidance and the Department does not intend to 
use that term differently in its implementation of the Uniform 
Guidance. The simplified acquisition threshold is the ``dollar amount 
below which a non-Federal entity may purchase property or services 
using small purchase methods'' (2 CFR 200.88). If a non-Federal entity 
seeks to acquire property or services that have an anticipated dollar 
value exceeding the simplified acquisition threshold, the non-Federal 
entity must use a competitive process and cannot use small purchase 
procedures unless the procurement meets the requirements of 34 CFR 
75.135. Procurement actions must not be split into separate 
procurements to avoid competition thresholds.
    Changes: None.
    After consideration of all the comments regarding the IFR, the 
Secretary makes no changes to the regulations adopting the Uniform 
Guidance that were published on December 19, 2014 except for the two 
technical amendments discussed earlier in this preamble.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    We have also reviewed these regulations under Executive Order 
13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only on a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing these final regulations only on a reasoned 
determination that their benefits justify their costs. In choosing 
among alternative regulatory approaches, we selected those approaches 
that maximize net benefits. Based on the analysis that follows, the 
Department believes that these final regulations are consistent with 
the principles in Executive Order 13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, or tribal governments in the exercise of 
their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs associated 
with this regulatory action are those resulting from statutory 
requirements and those we have determined as necessary for 
administering the Department's programs and activities.

Paperwork Reduction Act of 1995

    These regulations do not contain any information collection 
requirements.

Intergovernmental Review

    These regulations are subject to the requirements of Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of proposed Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for these regulations.

Assessment of Educational Impact

    In the IFR we requested comments on whether the proposed 
regulations would require transmission of information that any other 
agency or authority of the United States gathers or makes available.
    Based on the response to the IFR and on our review, we have 
determined that these final regulations do not require transmission of 
information that any other agency or authority of the United States 
gathers or makes available.
    Accessible Format: Individuals with disabilities can obtain this 
document in

[[Page 67264]]

an accessible format (e.g., braille, large print, audiotape, or compact 
disc) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.thefederalregister.org/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF). To use PDF 
you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: October 27, 2015.
Arne Duncan,
Secretary of Education.

    For the reasons discussed in the preamble, and under the authority 
of 5 U.S.C. 301 and the authorities listed below, the interim rule 
amending chapter XXXIV of 2 CFR and subtitle A and chapter I of title 
34 of the Code of Federal Regulations, which was published at 79 FR 
75871 on December 19, 2014, is adopted as a final rule with the 
following changes:

Title 34--Education

Subtitle A--Office of the Secretary, Department of Education

PART 75--DIRECT GRANT PROGRAMS

0
1. The authority citation for part 75 continues to read as follows:

    Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted.


Sec.  75.135  [Amended]

0
2. Section 75.135(b) is amended by removing ``34 CFR 80.36(d)(1),'' and 
adding in its place ``2 CFR 200.320(b),''.


0
3. Section 75.263 is added to read as follows.


Sec.  75.263  Pre-award costs; waiver of approval.

    A grantee may, notwithstanding any requirement in 2 CFR part 200, 
incur pre-award costs as specified in 2 CFR 200.308(d)(1) unless--
    (a) ED regulations other than 2 CFR part 200 or a statute prohibit 
these costs; or
    (b) The conditions of the award prohibit these costs.

(Authority: 20 U.S.C. 1221e-3 and 3474; 2 CFR 200.308(d)(1))


[FR Doc. 2015-27766 Filed 10-30-15; 8:45 am]
 BILLING CODE 4000-01-P



                                                                                                                                                                                                 67261

                                                  Rules and Regulations                                                                                         Federal Register
                                                                                                                                                                Vol. 80, No. 211

                                                                                                                                                                Monday, November 2, 2015



                                                  This section of the FEDERAL REGISTER                    Federal award-making agencies                         errors made in the adoption of the
                                                  contains regulatory documents having general            published a joint Interim Final Rule                  Uniform Guidance. First, in amending
                                                  applicability and legal effect, most of which           (IFR) in the Federal Register,                        § 75.135 to reference the Uniform
                                                  are keyed to and codified in the Code of                implementing the Office of Management                 Guidance, the Department failed to
                                                  Federal Regulations, which is published under           and Budget’s (OMB) Uniform                            amend paragraph (b) of that section to
                                                  50 titles pursuant to 44 U.S.C. 1510.
                                                                                                          Administrative Requirements, Cost                     reference the correct requirement in part
                                                  The Code of Federal Regulations is sold by              Principles, and Audit Requirements for                200. Second, in amending 34 CFR part
                                                  the Superintendent of Documents. Prices of              Federal awards (Uniform Guidance).                    75, the Department inadvertently
                                                  new books are listed in the first FEDERAL               The purpose of this action is to adopt                removed § 75.263 when we should have
                                                  REGISTER issue of each week.                            the Uniform Guidance in 2 CFR part                    just revised the cross references in that
                                                                                                          200, except for 2 CFR 200.102(a), CFR                 section to refer to the appropriate
                                                                                                          200.207(a). This adoption gives                       citation in the Uniform Guidance. These
                                                  DEPARTMENT OF EDUCATION                                 regulatory effect to the OMB guidance                 two errors are corrected in these final
                                                                                                          and supplements that guidance, as                     regulations.
                                                  2 CFR Part 3474                                         needed, for the Department. The                          Public Comment: In response to our
                                                                                                          authority to amend chapter XXXIV of                   invitation in the IFR, one party
                                                  34 CFR Parts 74, 75, 76, 77, 80, 101,                   title 2 of the Code of Federal                        submitted comments directed at the
                                                  206, 222, 225, 226, 270, 280, 299, 300,                 Regulations and subtitle A and chapters               Department’s proposed adoption of the
                                                  303, 350, 361, 363, 364, 365, 367, 369,                 I, II, III, IV, V, and VI of title 34 of the          interim final regulations in 2 CFR part
                                                  370, 373, 377, 380, 381, 385, 396, 400,                 Code of Federal Regulations is 20 U.S.C.              200. Generally, we do not address
                                                  426, 460, 491, 535, 606, 607, 608, 609,                 1221e–3, 3474, and 2 CFR part 200,                    technical and other minor changes
                                                  611, 614, 628, 636, 637, 642, 643, 644,                 unless otherwise noted.                               raised by the comments.
                                                  645, 646, 647, 648, 650, 654, 655, 661,                    Summary of the Major Provisions of                    Analysis of Comments and Changes:
                                                  662, 663, 664, 682, 692, 694, and 1100                  This Regulatory Action: This rule allows              An analysis of the comments follows.
                                                                                                          the Department to incorporate into                       Comment: The commenter requested
                                                  RIN 1890–AA19
                                                                                                          regulation and thus bring into effect the             clarification on whether or not the
                                                  Uniform Administrative Requirements,                    Uniform Guidance as required by OMB                   Department would grant local
                                                  Cost Principles, and Audit                              and reduces administrative burden and                 educational agencies (LEAs) a one-year
                                                  Requirements for Federal Awards;                        risk of waste, fraud, and abuse for the               grace period for implementing the
                                                  Direct Grant Programs                                   funds awarded by the Department                       procurement standards in 2 CFR
                                                                                                          through grants and cooperative                        200.317 through 200.326. The
                                                  AGENCY:    Department of Education.                     agreements.                                           commenter also sought clarity on the
                                                  ACTION:   Final regulations.                               Costs and Benefits: The Secretary                  specific date that the procurement
                                                                                                          believes that these regulations do not                standards would go into effect for LEAs
                                                  SUMMARY: The Secretary adopts as final                  impose significant costs on entities that             after the grace period.
                                                  regulations of the Department the                       would receive assistance through                         Discussion: The Uniform Guidance
                                                  interim final regulations that were                     Department of Education programs. The                 regulations, as adopted by the
                                                  published on December 19, 2014. This                    benefits of the regulations far outweigh              Department, 79 FR 75872 (December 19,
                                                  action adopts the OMB guidance in title                 any potential costs incurred by entities.             2014) authorize all non-Federal entities
                                                  2 of the CFR as final regulations of the                The benefits of the amendments in these               (including LEAs) to delay
                                                  Department. The Secretary amends the                    regulations include eliminating                       implementation of the procurement
                                                  interim final regulations to correct                    duplicative and conflicting guidance                  requirements in 2 CFR 200.318 through
                                                  technical errors contained in the                       contained in eight previously separate                200.326 for one fiscal year after the
                                                  amendments.                                             sets of OMB guidance documents;                       regulations would otherwise apply to a
                                                  DATES:  These regulations are effective                 streamlining reporting requirements;                  grant. A recent technical amendment to
                                                  December 2, 2015.                                       reducing burden for entities that have                the Uniform Guidance expanded that
                                                                                                          never received an indirect cost rate; and             grace period to two years. See 80 FR
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          setting standard business processes                   54407 (September 10, 2015). As such,
                                                  Phillip Juengst, U.S. Department of                                                                           each LEA will have the option of
                                                  Education, 400 Maryland Avenue SW.,                     using data definitions to reduce
                                                                                                          administrative burden on non-Federal                  delaying implementation of the
                                                  Room 6056, PCP, Washington, DC                                                                                procurement standards until the end of
                                                  20202–4450. Telephone: (202) 245–8030                   entities that conduct business with
                                                                                                          multiple federal agencies.                            its second fiscal year that begins after
                                                  or by email: phillip.juengst@ed.gov.                                                                          the effective date of the Uniform
                                                                                                             On December 19, 2014, the Secretary
                                                     If you use a telecommunications                                                                            Guidance (December 26, 2014). For
                                                                                                          published an IFR for these amendments
                                                  device for the deaf (TDD) or a text                                                                           LEAs with a fiscal year that ends on
                                                                                                          in the Federal Register (79 FR 75871).
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  telephone (TTY), call the Federal Relay                    Except for minor editorial and                     June 30, 2015 that decide to defer
                                                  Service (FRS), toll free, at 1–800–877–                 technical revisions, there are no                     implementation for the full two years,
                                                  8339.                                                   differences between the IFR and these                 the LEA’s new procurement standards
                                                  SUPPLEMENTARY INFORMATION:                              final regulations.                                    would not have to be effective until July
                                                                                                                                                                1, 2017.
                                                  Executive Summary                                       Technical Changes                                        Changes: None.
                                                   Purpose of This Regulatory Action:                       The Secretary makes two amendments                     Comment: The commenter requested
                                                  On December 19, 2014, all of the                        to the interim final regulations to correct           clarification of the phrase ‘‘tangible


                                             VerDate Sep<11>2014   17:39 Oct 30, 2015   Jkt 238001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\02NOR1.SGM   02NOR1


                                                  67262            Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations

                                                  personal benefit’’ in 2 CFR                             school may have already invested in a                 available from one source,
                                                  200.318(c)(1).                                          particular technology infrastructure or               noncompetitive procurement may be
                                                     Discussion: The phrase ‘‘tangible                    selected a particular instructional                   appropriate. The LEA must maintain
                                                  personal benefit’’ is new language added                framework and it would be impractical                 records documenting the rationale for
                                                  to the general conflict of interest section             or impossible to switch to another                    why sole sourcing was used (2 CFR
                                                  of the general procurement standards                    product or instructional approach. The                200.318(i)). If the desired software or
                                                  that existed previously under the                       commenter requested that the                          hardware is available from more than
                                                  Education Department General                            Department issue guidance to clarify                  one vendor, the LEA must use a
                                                  Administrative Regulations (EDGAR) 34                   when specifying a ‘‘brand name’’ might                competitive process, as described in 2
                                                  CFR 80.36(b)(3) and OMB Circular A–                     be appropriate and not considered a                   CFR 200.320(d).
                                                  102. The language was expanded from                     restriction on competition under 2 CFR                   LEAs that engage in pilot trials of
                                                  just ‘‘financial or other interest in’’ to              200.319(a)(6).                                        educational technologies or
                                                  also include ‘‘or a tangible personal                      Discussion: The new procurement                    instructional materials that then wish to
                                                  benefit from’’ a firm considered for a                  requirements in the Uniform Guidance                  ‘‘scale up’’ are not exempted from
                                                  contract from a grantee. This new                       do not require an LEA to abandon a                    competitive procurement. Procurement
                                                  language stresses the importance of                     technology or instructional approach                  transactions must be conducted in a
                                                  ensuring that employees who select,                     just because a similar technology or                  manner providing full and open
                                                  award, and administer contracts                         instructional approach would cost less.               competition, as described in 2 CFR
                                                  supported by a Federal award are free                   The Department also understands that                  200.319. If an LEA wants to experiment
                                                  from any real or apparent conflict of                   in some limited situations, specifying a              with a new educational technology or
                                                  interest, including financial interests                 ‘‘brand name’’ may not restrict                       instructional strategy or material, it may
                                                  and other non-financial benefits that                   competition under 2 CFR 200.319(a)(6).                do so without violating conflict of
                                                  result in a personal benefit for the                    If an LEA has already invested in a                   interest requirements by holding an
                                                  employee (such as improved                              particular infrastructure or instructional            open procurement competition,
                                                  employment opportunities, business                      framework, specifying a ‘‘brand name’’                identifying the specifications for the
                                                  referrals, political influence, etc.).                  compatible with the infrastructure or                 technology, strategy, or material and
                                                     Changes: None.                                       framework may be appropriate.                         stating the initial contract would be for
                                                     Comment: The commenter expressed                     However, the procurement regulations                  a pilot of that product with an option to
                                                  concern regarding the conflict of interest              are designed to ensure competition so                 ‘‘scale up’’ the product if the pilot
                                                  rules in 2 CFR 200.319(a), specifically                 the selected proposal is most                         proves successful.
                                                  with regard to vendors with specialized                 advantageous to the program, with price                  Changes: None.
                                                  expertise that may collaborate with                     and other factors considered. Thus, the                  Comment: The commenter raised
                                                  grant applicants, because these vendors                 LEA needs to compete to find the lowest               concerns regarding the cost and
                                                  would be excluded from competing for                    cost supplier of the technology or                    efficiency of competitive bidding
                                                  a contract (if the applicant is awarded                 instructional approach (other factors)                required under 2 CFR 200.320, noting
                                                  a grant) due to their organizational                    desired by the LEA. The Department                    that it would be more cost effective for
                                                  conflict of interest. The commenter                     will consider developing additional                   the LEA to perform a cost analysis
                                                  requested that the Department issue                     guidance on this issue.                               rather than use a Request for Proposal
                                                  guidance allowing vendors to provide                       Changes: None.                                     (RFP) process. The commenter
                                                  minimal input to applicants, such as                       Comment: The commenter noted two                   encouraged the Department to allow for
                                                  LEAs, for the purpose of informing a                    instances in which it believes that                   instances when the small purchase
                                                  Request for Proposal (RFP) and to not                   procurement by noncompetitive                         procedures could be used for
                                                  prohibit these vendors from competing                   proposals (sole sourcing) should be                   procurements that exceed the
                                                  for the RFP because of a conflict of                    allowed under 2 CFR 200.320(f)(1)                     Simplified Acquisition Threshold,
                                                  interest.                                               where ‘‘the item is available only from               including when the item is a
                                                     Discussion: The Department                           a single source.’’ The first situation                commercially available product.
                                                  understands that an LEA may need to                     involves instances where an LEA has an                   Discussion: The Department has
                                                  inform itself about the capacity and                    existing technology infrastructure or                 allowed for limited instances when
                                                  capability of potential contractors in                  instructional framework and requires                  small purchase procedures may be used
                                                  order to prepare an RFP. In the course                  specific hardware or software; the                    for procurements that exceed the
                                                  of doing so, an LEA may contact a                       second situation involves instances                   simplified acquisition threshold. These
                                                  number of vendors to collect                            where schools engage in pilot trials for              limited instances are specified in a
                                                  information necessary for developing                    educational technologies or                           section in EDGAR that was established
                                                  the RFP, as long as the LEA poses its                   instructional strategies or materials and             in 2013, 34 CFR 75.135, which
                                                  request for information broadly so that                 want to ‘‘scale up’’ the piloted product.             authorizes discretionary grant
                                                  any potential vendor has an opportunity                    Discussion: Generally, procurement                 applicants to use the informal small
                                                  to provide input. Soliciting input from                 by noncompetitive proposals is                        purchase procedures to procure
                                                  one or two vendors would create, in                     procurement through solicitation of a                 evaluation service providers and
                                                  most cases, an unfair competitive                       proposal from only one source. The use                providers of any other service that is
                                                  advantage constituting an organizational                of this procurement method is permitted               essential to the grant, provided that the
                                                  conflict of interest.                                   under very limited circumstances, but                 service provider is identified in the
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                                                     Changes: None.                                       one basis for an authorized sole source               grant application. The service provider
                                                     Comment: The commenter raised                        contract is when the item is available                must be needed to meet a statutory,
                                                  concerns with regard to the prohibition                 only from a single source (2 CFR                      regulatory, or priority requirement
                                                  of using ‘‘brand name’’ instead of ‘‘an                 200.320(f)(1)). If particular software or             related to the competition. See the final
                                                  equal’’ product in order to avoid                       hardware is required because of an                    rulemaking document, published at 78
                                                  restrictive competition under 2 CFR                     LEA’s existing technology infrastructure              FR 49352, August 13, 2013, for a fuller
                                                  200.319(a)(6). Specifically, the                        or instructional framework and the                    discussion of the requirements in
                                                  commenter noted that in some cases, a                   hardware or software is truly only                    § 75.135. These limited exceptions do


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                                                                   Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations                                        67263

                                                  not include allowing the use of small                   regulatory action’’ as an action likely to            Information and Regulatory Affairs of
                                                  purchase procedures just because an                     result in a rule that may—                            OMB has emphasized that these
                                                  item is a commercial (off the self)                        (1) Have an annual effect on the                   techniques may include ‘‘identifying
                                                  product and not one that is custom-built                economy of $100 million or more, or                   changing future compliance costs that
                                                  based on unique specifications.                         adversely affect a sector of the economy,             might result from technological
                                                     Changes: None.                                       productivity, competition, jobs, the                  innovation or anticipated behavioral
                                                     Comment: The commenter sought                        environment, public health or safety, or              changes.’’
                                                  clarification from the Department on                    State, local, or tribal governments or                  We are issuing these final regulations
                                                  whether or not price comparison under                   communities in a material way (also                   only on a reasoned determination that
                                                  2 CFR 200.323 could be considered a                     referred to as an ‘‘economically                      their benefits justify their costs. In
                                                  form of price competition, such that a                  significant’’ rule);                                  choosing among alternative regulatory
                                                  non-federal entity would not be                            (2) Create serious inconsistency or                approaches, we selected those
                                                  required to negotiated price as a                       otherwise interfere with an action taken              approaches that maximize net benefits.
                                                  separate element.                                       or planned by another agency;                         Based on the analysis that follows, the
                                                     Discussion: Price comparison is not a                   (3) Materially alter the budgetary                 Department believes that these final
                                                  form of price competition that would                    impacts of entitlement grants, user fees,             regulations are consistent with the
                                                  exempt a non-federal entity from                        or loan programs or the rights and                    principles in Executive Order 13563.
                                                  negotiating profit as a separate element                obligations of recipients thereof; or                   We also have determined that this
                                                  of the price.                                              (4) Raise novel legal or policy issues             regulatory action does not unduly
                                                     Changes: None.                                       arising out of legal mandates, the                    interfere with State, local, or tribal
                                                     Comment: The commenter sought                        President’s priorities, or the principles             governments in the exercise of their
                                                  clarification on the definition of                      stated in the Executive order.                        governmental functions.
                                                  ‘‘procurement’’ for determining whether                    This final regulatory action is not a                In accordance with both Executive
                                                  or not the transaction meets the small                  significant regulatory action subject to              orders, the Department has assessed the
                                                  purchase or simplified acquisition                      review by OMB under section 3(f) of                   potential costs and benefits, both
                                                  threshold.                                              Executive Order 12866.                                quantitative and qualitative, of this
                                                     Discussion: The word ‘‘procurement’’                    We have also reviewed these                        regulatory action. The potential costs
                                                  is used consistently throughout the                     regulations under Executive Order                     associated with this regulatory action
                                                  Uniform Guidance and the Department                     13563, which supplements and                          are those resulting from statutory
                                                  does not intend to use that term                        explicitly reaffirms the principles,                  requirements and those we have
                                                  differently in its implementation of the                structures, and definitions governing                 determined as necessary for
                                                  Uniform Guidance. The simplified                        regulatory review established in                      administering the Department’s
                                                  acquisition threshold is the ‘‘dollar                   Executive Order 12866. To the extent                  programs and activities.
                                                  amount below which a non-Federal                        permitted by law, Executive Order
                                                                                                          13563 requires that an agency—                        Paperwork Reduction Act of 1995
                                                  entity may purchase property or
                                                  services using small purchase methods’’                    (1) Propose or adopt regulations only                These regulations do not contain any
                                                  (2 CFR 200.88). If a non-Federal entity                 on a reasoned determination that their                information collection requirements.
                                                  seeks to acquire property or services                   benefits justify their costs (recognizing
                                                                                                          that some benefits and costs are difficult            Intergovernmental Review
                                                  that have an anticipated dollar value
                                                  exceeding the simplified acquisition                    to quantify);                                           These regulations are subject to the
                                                  threshold, the non-Federal entity must                     (2) Tailor its regulations to impose the           requirements of Executive Order 12372
                                                  use a competitive process and cannot                    least burden on society, consistent with              and the regulations in 34 CFR part 79.
                                                  use small purchase procedures unless                    obtaining regulatory objectives and                   One of the objectives of the Executive
                                                  the procurement meets the requirements                  taking into account—among other things                order is to foster an intergovernmental
                                                  of 34 CFR 75.135. Procurement actions                   and to the extent practicable—the costs               partnership and a strengthened
                                                  must not be split into separate                         of cumulative regulations;                            federalism. The Executive order relies
                                                                                                             (3) In choosing among alternative                  on processes developed by State and
                                                  procurements to avoid competition
                                                                                                          regulatory approaches, select those                   local governments for coordination and
                                                  thresholds.
                                                                                                          approaches that maximize net benefits                 review of proposed Federal financial
                                                     Changes: None.
                                                     After consideration of all the                       (including potential economic,                        assistance.
                                                  comments regarding the IFR, the                         environmental, public health and safety,                This document provides early
                                                  Secretary makes no changes to the                       and other advantages; distributive                    notification of our specific plans and
                                                  regulations adopting the Uniform                        impacts; and equity);                                 actions for these regulations.
                                                                                                             (4) To the extent feasible, specify
                                                  Guidance that were published on                                                                               Assessment of Educational Impact
                                                                                                          performance objectives, rather than the
                                                  December 19, 2014 except for the two
                                                                                                          behavior or manner of compliance a                       In the IFR we requested comments on
                                                  technical amendments discussed earlier
                                                                                                          regulated entity must adopt; and                      whether the proposed regulations would
                                                  in this preamble.                                          (5) Identify and assess available                  require transmission of information that
                                                  Executive Orders 12866 and 13563                        alternatives to direct regulation,                    any other agency or authority of the
                                                                                                          including economic incentives—such as                 United States gathers or makes
                                                  Regulatory Impact Analysis                              user fees or marketable permits—to                    available.
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                                                    Under Executive Order 12866, the                      encourage the desired behavior, or                       Based on the response to the IFR and
                                                  Secretary must determine whether this                   provide information that enables the                  on our review, we have determined that
                                                  regulatory action is ‘‘significant’’ and,               public to make choices.                               these final regulations do not require
                                                  therefore, subject to the requirements of                  Executive Order 13563 also requires                transmission of information that any
                                                  the Executive order and subject to                      an agency ‘‘to use the best available                 other agency or authority of the United
                                                  review by the Office of Management and                  techniques to quantify anticipated                    States gathers or makes available.
                                                  Budget (OMB). Section 3(f) of Executive                 present and future benefits and costs as                 Accessible Format: Individuals with
                                                  Order 12866 defines a ‘‘significant                     accurately as possible.’’ The Office of               disabilities can obtain this document in


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                                                  67264            Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations

                                                  an accessible format (e.g., braille, large                 (a) ED regulations other than 2 CFR                   • NRC’s Agencywide Documents
                                                  print, audiotape, or compact disc) on                   part 200 or a statute prohibit these costs;           Access and Management System
                                                  request to the contact person listed                    or                                                    (ADAMS): You may obtain publicly-
                                                  under FOR FURTHER INFORMATION                              (b) The conditions of the award                    available documents online in the
                                                  CONTACT.                                                prohibit these costs.                                 ADAMS Public Documents collection at
                                                     Electronic Access to This Document:                  (Authority: 20 U.S.C. 1221e–3 and 3474; 2             http://www.nrc.gov/reading-rm/
                                                  The official version of this document is                CFR 200.308(d)(1))                                    adams.html. To begin the search, select
                                                  the document published in the Federal                   [FR Doc. 2015–27766 Filed 10–30–15; 8:45 am]          ‘‘ADAMS Public Documents’’ and then
                                                  Register. Free Internet access to the                   BILLING CODE 4000–01–P
                                                                                                                                                                select ‘‘Begin Web-based ADAMS
                                                  official edition of the Federal Register                                                                      Search.’’ For problems with ADAMS,
                                                  and the Code of Federal Regulations is                                                                        please contact the NRC’s Public
                                                  available via the Federal Digital System                NUCLEAR REGULATORY                                    Document Room (PDR) reference staff at
                                                  at: www.gpo.gov/fdsys. At this site you                 COMMISSION                                            1–800–397–4209, 301–415–4737, or by
                                                  can view this document, as well as all                                                                        email to pdr.resource@nrc.gov. The
                                                  other documents of this Department                      10 CFR Part 73                                        ADAMS accession number for each
                                                  published in the Federal Register, in                                                                         document referenced (if it is available in
                                                                                                          [NRC–2014–0036]                                       ADAMS) is provided the first time that
                                                  text or Adobe Portable Document
                                                  Format (PDF). To use PDF you must                       RIN 3150–AJ37                                         it is mentioned in the SUPPLEMENTARY
                                                  have Adobe Acrobat Reader, which is                                                                           INFORMATION section.
                                                  available free at the site.                             Cyber Security Event Notifications                       • NRC’s PDR: You may examine and
                                                     You may also access documents of the                                                                       purchase copies of public documents at
                                                                                                          AGENCY:  Nuclear Regulatory
                                                  Department published in the Federal                                                                           the NRC’s PDR, Room O1–F21, One
                                                                                                          Commission.
                                                  Register by using the article search                                                                          White Flint North, 11555 Rockville
                                                                                                          ACTION: Final rule.
                                                  feature at: www.federalregister.gov.                                                                          Pike, Rockville, Maryland 20852.
                                                  Specifically, through the advanced                      SUMMARY: The U.S. Nuclear Regulatory                  FOR FURTHER INFORMATION CONTACT:
                                                  search feature at this site, you can limit              Commission (NRC) is adopting new                      Robert H. Beall, Office of Nuclear
                                                  your search to documents published by                   cyber security regulations that govern                Reactor Regulation, telephone: 301–
                                                  the Department.                                         nuclear power reactor licensees. This                 415–3874, email: Robert.Beall@nrc.gov,
                                                                                                          final rule codifies certain reporting                 U.S. Nuclear Regulatory Commission,
                                                    Dated: October 27, 2015.
                                                                                                          activities associated with cyber security             Washington, DC 20555–0001.
                                                  Arne Duncan,
                                                                                                          events contained in security advisories               SUPPLEMENTARY INFORMATION:
                                                  Secretary of Education.                                 issued by the NRC. This rule establishes
                                                                                                                                                                Table of Contents:
                                                    For the reasons discussed in the                      new cyber security event notification
                                                                                                          requirements that contribute to the                   I. Background
                                                  preamble, and under the authority of 5                                                                        II. Discussion
                                                  U.S.C. 301 and the authorities listed                   NRC’s analysis of the reliability and
                                                                                                                                                                III. Opportunities for Public Participation
                                                  below, the interim rule amending                        effectiveness of licensees’ cyber security            IV. Public Comment Analysis
                                                  chapter XXXIV of 2 CFR and subtitle A                   programs and plays an important role in               V. Section-by-Section Analysis
                                                  and chapter I of title 34 of the Code of                the continuing effort to provide high                 VI. Regulatory Flexibility Certification
                                                  Federal Regulations, which was                          assurance that digital computer and                   VII. Regulatory Analysis
                                                  published at 79 FR 75871 on December                    communication systems and networks                    VIII. Backfitting and Issue Finality
                                                  19, 2014, is adopted as a final rule with               are adequately protected against cyber                IX. Cumulative Effects of Regulation
                                                                                                          attacks, up to and including the design               X. Plain Writing
                                                  the following changes:                                                                                        XI. Environmental Assessment and Final
                                                                                                          basis threat.
                                                  Title 34—Education                                                                                                  Finding of No Significant Environmental
                                                                                                          DATES: Effective Date: This final rule is                   Impact
                                                  Subtitle A—Office of the Secretary,                     effective December 2, 2015. Compliance                XII. Paperwork Reduction Act
                                                  Department of Education                                 Date: Compliance with this final rule is              XIII. Congressional Review Act
                                                                                                          required by May 2, 2016, for those                    XIV. Criminal Penalties
                                                  PART 75—DIRECT GRANT                                    licensed to operate under parts 50 and                XV. Compatibility of Agreement State
                                                  PROGRAMS                                                52 of Title 10 of the Code of Federal                       Regulations
                                                                                                                                                                XVI. Availability of Guidance
                                                                                                          Regulations (10 CFR) and subject to                   XVII. Availability of Documents
                                                  ■ 1. The authority citation for part 75                 § 73.54.
                                                  continues to read as follows:                                                                                 I. Background
                                                                                                          ADDRESSES: Please refer to Docket ID
                                                    Authority: 20 U.S.C. 1221e–3 and 3474,                NRC–2014–0036 when contacting the                        On July 9, 2008, in SECY–08–0099,
                                                  unless otherwise noted.                                 NRC about the availability of                         ‘‘Final Rulemaking—Power Reactor
                                                  § 75.135   [Amended]                                    information for this action. You may                  Security Requirements’’ (Agencywide
                                                                                                          obtain publicly-available information                 Documents Access and Management
                                                  ■ 2. Section 75.135(b) is amended by                    related to this action by any of the                  System (ADAMS) Accession No.
                                                  removing ‘‘34 CFR 80.36(d)(1),’’ and                    following methods:                                    ML081650474), the NRC staff
                                                  adding in its place ‘‘2 CFR 200.320(b),’’.                 • Federal Rulemaking Web site: Go to               recommended the Commission approve
                                                  ■ 3. Section 75.263 is added to read as                 http://www.regulations.gov and search                 a final rule amending the NRC’s Power
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                                                  follows.                                                for Docket ID NRC–2014–0036. Address                  Reactor Security Requirements. The
                                                                                                          questions about NRC dockets to Carol                  NRC staff also recommended removing
                                                  § 75.263 Pre-award costs; waiver of                     Gallagher; telephone: 301–415–3463;                   sections in the Power Reactor Security
                                                  approval.                                               email: Carol.Gallagher@nrc.gov. For                   Requirements rule on new and revised
                                                    A grantee may, notwithstanding any                    technical questions, contact the                      security notification requirements in
                                                  requirement in 2 CFR part 200, incur                    individuals listed in the FOR FURTHER                 § 73.71 and appendix G of part 73 of
                                                  pre-award costs as specified in 2 CFR                   INFORMATION CONTACT section of this                   title 10 of the Code of Federal
                                                  200.308(d)(1) unless—                                   document.                                             Regulations (10 CFR), ‘‘Reportable


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Document Created: 2018-03-01 11:30:31
Document Modified: 2018-03-01 11:30:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal regulations.
DatesThese regulations are effective December 2, 2015.
ContactPhillip Juengst, U.S. Department of Education, 400 Maryland Avenue SW., Room 6056, PCP, Washington, DC 20202-4450. Telephone: (202) 245-8030 or by email: [email protected]
FR Citation80 FR 67261 
RIN Number1890-AA19
CFR Citation2 CFR 3474
34 CFR 101
34 CFR 1100
34 CFR 206
34 CFR 222
34 CFR 225
34 CFR 226
34 CFR 270
34 CFR 280
34 CFR 299
34 CFR 300
34 CFR 303
34 CFR 350
34 CFR 361
34 CFR 363
34 CFR 364
34 CFR 365
34 CFR 367
34 CFR 369
34 CFR 370
34 CFR 373
34 CFR 377
34 CFR 380
34 CFR 381
34 CFR 385
34 CFR 396
34 CFR 400
34 CFR 426
34 CFR 460
34 CFR 491
34 CFR 535
34 CFR 606
34 CFR 607
34 CFR 608
34 CFR 609
34 CFR 611
34 CFR 614
34 CFR 628
34 CFR 636
34 CFR 637
34 CFR 642
34 CFR 643
34 CFR 644
34 CFR 645
34 CFR 646
34 CFR 647
34 CFR 648
34 CFR 650
34 CFR 654
34 CFR 655
34 CFR 661
34 CFR 662
34 CFR 663
34 CFR 664
34 CFR 682
34 CFR 692
34 CFR 694
34 CFR 74
34 CFR 75
34 CFR 76
34 CFR 77
34 CFR 80

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