81 FR 61981 - AG Order No. 3737-2016
DEPARTMENT OF JUSTICE Federal Register Volume 81, Issue 174 (September 8, 2016)
Federal Register Volume 81, Issue 174 (September 8, 2016)
| Page Range | 61981-61982 | |
| FR Document | 2016-21452 |
[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)] [Rules and Regulations] [Pages 61981-61982] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21452] ======================================================================== 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 week. ======================================================================== Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Rules and Regulations [[Page 61981]] DEPARTMENT OF JUSTICE 2 CFR Part 2800 28 CFR Parts 66 and 70 RIN 1121-AA81 AG Order No. 3737-2016 Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards AGENCY: Department of Justice. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Justice finalizes its implementation of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management and Budget (OMB) on December 26, 2013. DATES: This rule is effective September 8, 2016. FOR FURTHER INFORMATION CONTACT: Rafael A. Madan, General Counsel, Office of Justice Programs, (202) 307-0790. SUPPLEMENTARY INFORMATION: This rule makes technical corrections to, and finalizes, the interim final rule that was published by the Department of Justice (Department) on December 19, 2014, and that went into effect on December 26, 2014. See 79 FR 76081. The interim final rule added 2 CFR part 2800, which implements and supplements parts of 2 CFR part 200 for the Department of Justice, and removed 28 CFR parts 66 and 70, which were superseded by 2 CFR part 200. The Department of Justice received no comments in response to its portion of the interim final rule. Therefore, the interim final rule is finalized with no substantive changes. The Department has made minor technical changes to make clear that where the Department's implementing rule incorporates by reference other provisions of law, it does so by general reference, which incorporates future amendments to those provisions. Regulatory Analysis Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (PRA), see 44 U.S.C. 3506, the Department of Justice reviewed its final rule and determined that there are no new collections of information contained therein. However, the OMB uniform guidance in 2 CFR part 200 may have a negligible effect on burden estimates for existing information collections, including recordkeeping requirements for non-Federal entities that receive Federal awards. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) requires an agency that is issuing a final rule to provide a final regulatory flexibility analysis or to certify that the rule will not have a significant economic impact on a substantial number of small entities. See 5 U.S.C. 605(b). This rule finalizes the interim final rule implementing for the Department of Justice the OMB guidance at 2 CFR part 200. The OMB guidance consolidated and updated several guidance documents codified and published in various places into one omnibus document. The consolidation and updates are designed to streamline the Federal grant process, and should, as a whole, substantially simplify the requirements and cost principles applicable to many federally funded entities. Thus, the rule will not have a significant economic impact on a substantial number of small entities. Executive Orders 12866 and 13563--Regulatory Review This regulation has been drafted and reviewed in accordance with Executive Order 12866, ``Regulatory Planning and Review,'' section 1(b), Principles of Regulation, and in accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' section 1(b), General Principles of Regulation. The Department of Justice has determined that this rule is a not ``significant regulatory action'' under Executive Order 12866, section 3(f), and accordingly this rule has not been reviewed by the Office of Management and Budget. Further, Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic effects, environmental effects, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Department has assessed the costs and benefits of this regulation and believes that the regulatory approach selected maximizes net benefits. Administrative Procedure Act The rule issued by the Department of Justice concerns matters relating to ``grants, benefits, or contracts,'' 5 U.S.C. 553(a)(2), and therefore is exempt from the requirement of prior notice and comment. Thus, the Department, along with other Federal grant-making agencies, published an interim final rule that was effective on December 26, 2014. The Department received no comments on its interim final rule. Generally, those agencies that are subject to the Administrative Procedure Act (APA) are required to delay the effective date of their final regulations by 30 days after publication. See 5 U.S.C. 553(d). The interim final rule issued by the Department that went into effect on December 26, 2014, concerned matters relating to ``grants, benefits, or contracts,'' 5 U.S.C. 553(a)(2), and therefore was exempt from the requirement of a 30-day delay in the effective date. This rule finalizes, with non-substantive technical changes, the interim final rule that is already in effect, and the final rule will take effect upon publication in the Federal Register. Unfunded Mandates Reform Act of 1995 Determination Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded Mandates Act), 2 U.S.C. [[Page 61982]] 1532, requires that covered agencies prepare a budgetary impact statement before promulgating a rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act, 2 U.S.C. 1535, also requires covered agencies to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. OMB determined that the joint interim-final rule would not result in expenditures by State, local, and tribal governments, or by the private sector, of $100 million or more in any one year. See 79 FR 75877. Thus, a budgetary impact statement was not required for the interim final rule, and is not required here. Executive Order 13132 Determination The Department determined, as required by Executive Order 13132, ``Federalism'', that the joint interim final rule did not have any federalism implications. This final rule similarly has no federalism implications. List of Subjects 2 CFR Part 2800 Accounting, Colleges and universities, Grant programs, Hospitals, Indians, Intergovernmental relations, Nonprofit organizations, Reporting and recordkeeping requirements. 28 CFR Part 66 Accounting, Administrative practice and procedure, Reporting and recordkeeping requirements. 28 CFR Part 70 Accounting, Administrative practice and procedure, Reporting and recordkeeping requirements. Accordingly, the interim final rule published by the Department of Justice on December 19, 2014, adding 2 CFR part 2800, and removing 28 CFR parts 66 and 70, is adopted as a final rule with the following changes: Title 2--Grants and Agreements CHAPTER XXVIII--DEPARTMENT OF JUSTICE PART 2800--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS BY THE DEPARTMENT OF JUSTICE 0 1. The authority citation for part 2800 continues to read as follows: Authority: 5 U.S.C. 301; 28 U.S.C. 509; 28 U.S.C. 530C(a)(4); 42 U.S.C. 3789; 2 CFR part 200. 0 2. Section 2800.101 is revised to read as follows: Sec. 2800.101 Adoption of 2 CFR part 200. Under the authority listed above, the Department of Justice adopts the Office of Management and Budget (OMB) Guidance in 2 CFR part 200, except as otherwise may be provided by this Part. Unless expressly provided otherwise, any reference in this part to any provision of law not in this part shall be understood to constitute a general reference and thus to include any subsequent changes to the provision. Dated: August 31, 2016. Loretta E. Lynch, Attorney General. [FR Doc. 2016-21452 Filed 9-7-16; 8:45 am] BILLING CODE 4410-18-P
![61982 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Rules and Regulations
1532, requires that covered agencies Authority: 5 U.S.C. 301; 28 U.S.C. 509; 28 Washington, DC 20585–0121.
prepare a budgetary impact statement U.S.C. 530C(a)(4); 42 U.S.C. 3789; 2 CFR part Telephone: (202) 287–1604. Email:
before promulgating a rule that includes 200. light_emitting_diodes@ee.doe.gov.
any Federal mandate that may result in ■ 2. Section 2800.101 is revised to read Ms. Celia Sher, U.S. Department of
the expenditure by State, local, and as follows: Energy, Office of the General Counsel,
tribal governments, in the aggregate, or GC–33, 1000 Independence Avenue
by the private sector, of $100 million or § 2800.101 Adoption of 2 CFR part 200. SW., Washington, DC 20585–0121.
more in any one year. If a budgetary Under the authority listed above, the Telephone: (202) 287–6122. Email:
impact statement is required, section Department of Justice adopts the Office Celia.Sher@hq.doe.gov.
205 of the Unfunded Mandates Act, 2 of Management and Budget (OMB) SUPPLEMENTARY INFORMATION: DOE
U.S.C. 1535, also requires covered Guidance in 2 CFR part 200, except as published the July 2016 final rule in the
agencies to identify and consider a otherwise may be provided by this Part. Federal Register on July 1, 2016, which
reasonable number of regulatory Unless expressly provided otherwise, adopted the test procedures for LED
alternatives before promulgating a rule. any reference in this part to any lamps in Appendix BB to support the
OMB determined that the joint interim- provision of law not in this part shall be implementation of labeling provisions
final rule would not result in understood to constitute a general by the Federal Trade Commission, as
expenditures by State, local, and tribal reference and thus to include any well as the ongoing general service
governments, or by the private sector, of subsequent changes to the provision. lamps rulemaking, which includes LED
$100 million or more in any one year. Dated: August 31, 2016. lamps. 81 FR 43403. The test procedure
See 79 FR 75877. Thus, a budgetary Loretta E. Lynch, for standby power adopted in the July
impact statement was not required for Attorney General. 2016 final rule references the test
the interim final rule, and is not standard published by the International
[FR Doc. 2016–21452 Filed 9–7–16; 8:45 am]
required here. Electrotechnical Commission (IEC),
BILLING CODE 4410–18–P
Executive Order 13132 Determination titled ‘‘Household electrical
appliances—Measurement of standby
The Department determined, as
DEPARTMENT OF ENERGY power,’’ IEC 62301 (Edition 2.0, 2011–
required by Executive Order 13132,
01). Therefore, to incorporate by
‘‘Federalism’’, that the joint interim
10 CFR Part 430 reference IEC 62301 for appendix BB,
final rule did not have any federalism
DOE attempted to amend § 430.3 to add
implications. This final rule similarly [Docket No. EERE–2011–BT–TP–0071] appendix BB to the list of approved
has no federalism implications.
RIN 1904–AC67 appendices in existing paragraph (p)(5).
List of Subjects However, the amendatory instruction
Energy Conservation Program: Test was incorrectly written and appendix
2 CFR Part 2800 Procedures for Integrated Light- BB was not added. This final rule
Accounting, Colleges and universities, Emitting Diode Lamps; Correction corrects § 430.3(p)(5) to include
Grant programs, Hospitals, Indians, appendix BB.
Intergovernmental relations, Nonprofit AGENCY: Office of Energy Efficiency and
organizations, Reporting and Renewable Energy, Department of Procedural Issues and Regulatory
recordkeeping requirements. Energy. Review
ACTION: Final rule; correction. The regulatory reviews conducted for
28 CFR Part 66
On July 1, 2016, the U.S.
SUMMARY:
this rulemaking are those set forth in the
Accounting, Administrative practice July 2016 final rule that originally
and procedure, Reporting and Department of Energy (DOE) published
a final rule adopting a test procedure for codified DOE’s adopted test procedures
recordkeeping requirements. for integrated LED lamps. The test
integrated light-emitting diode (LED)
28 CFR Part 70 lamps (hereafter referred to as ‘‘LED procedures in the July 2016 final rule
lamps’’) to support the implementation became effective August 1, 2016.
Accounting, Administrative practice
of labeling provisions by the Federal Pursuant to the Administrative
and procedure, Reporting and
Trade Commission, as well as the Procedure Act, 5 U.S.C. 553(b), DOE has
recordkeeping requirements.
ongoing general service lamps determined that notice and prior
Accordingly, the interim final rule opportunity for comment on this rule
published by the Department of Justice rulemaking, which includes LED lamps
(hereafter the ‘‘July 2016 final rule’’). are unnecessary and contrary to the
on December 19, 2014, adding 2 CFR public interest. Neither the error nor the
part 2800, and removing 28 CFR parts This correction addresses an error in the
correction in this document affect the
66 and 70, is adopted as a final rule with July 2016 final rule to add appendix BB substance of the rulemaking or any of
the following changes: to 10 CFR 430.3(p)(5). Neither the error
nor the correction in this document the conclusions reached in support of
Title 2—Grants and Agreements affect the substance of the test the final rule. For these reasons, DOE
procedure rulemaking or any of the has also determined that there is good
CHAPTER XXVIII—DEPARTMENT OF
JUSTICE conclusions reached in support of the cause to waive the 30-day delay in
final rule. effective date.
PART 2800—UNIFORM DATES: Effective Date: September 8, List of Subjects in 10 CFR Part 430
ADMINISTRATIVE REQUIREMENTS, 2016.
COST PRINCIPLES, AND AUDIT Administrative practice and
Lhorne on DSK30JT082PROD with RULES
REQUIREMENTS FOR FEDERAL FOR FURTHER INFORMATION CONTACT: procedure, Confidential business
AWARDS BY THE DEPARTMENT OF Ms. Lucy deButts, U.S. Department of information, Energy conservation,
JUSTICE Energy, Office of Energy Efficiency and Household appliances, Imports,
Renewable Energy, Building Incorporation by reference,
■ 1. The authority citation for part 2800 Technologies Program, EE–2J, 1000 Intergovernmental relations, Small
continues to read as follows: Independence Avenue SW., businesses.
VerDate Sep<11>2014 15:15 Sep 07, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\08SER1.SGM 08SER1](https://thefederalregister.org/doc/81_FR_62155/page/2.svg)
Document Created: 2018-02-09 13:12:19
Document Modified: 2018-02-09 13:12:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective September 8, 2016. | |
| Contact | Rafael A. Madan, General Counsel, Office of Justice Programs, (202) 307-0790. | |
| FR Citation | 81 FR 61981 | |
| RIN Number | 1121-AA81 | |
| CFR Citation | 28
CFR
66 28 CFR 70 2 CFR 2800 | |
| CFR Associated | Administrative Practice and Procedure; Accounting; Colleges and Universities; Grant Programs; Hospitals; Indians; Intergovernmental Relations; Nonprofit Organizations and Reporting and Recordkeeping Requirements |
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