[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Rules and Regulations]
[Pages 12805-12806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03891]
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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.
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Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules
and Regulations
[[Page 12805]]
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
2 CFR Part 1201
[Docket No. DOT-OST-2023-0032]
RIN 2105-AF06
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
AGENCY: Office of the Secretary (OST), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The Office of the Secretary of Transportation is updating the
DOT regulation that adopts the Office of Management and Budget (OMB)
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. This amendment responds to the 2020
changes to the Office of Management and Budget Guidance for Grants and
Agreements, which amended OMB's Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, by revising
section cross-references.
DATES: Effective March 1, 2023.
FOR FURTHER INFORMATION CONTACT: Tevin Frederick, Office of the General
Counsel (C-10), 1200 New Jersey Avenue SE, Washington, DC 20590, (202)
366-5189, [email protected].
SUPPLEMENTARY INFORMATION:
Background
This final rule updates the DOT regulation that outlines the
requirements for Federal Awards adopted in OMB's Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards (2 CFR part 200). The purpose of this rule is to revise section
cross-references to conform with the 2020 changes to the OMB Guidance
for Grants and Agreements (85 FR 49506; Aug. 13, 2020).
This rule updates cross-references in three sections of part 1201.
This rule revises the cross-references in 2 CFR 1201.80 that refer to
the definitions of program income and period of performance to reflect
the OMB changes to 2 CFR 200 that moved all definitions to 2 CFR 200.1.
Second, this rule changes the cross-reference in 2 CFR 1201.206 to
reflect revisions in the OMB Guidance for Grants and Agreements that
moved ``Standard application requirements'' to section 2 CFR 200.207.
Lastly, this rule changes the cross-reference in 2 CFR 1201.327 to
reflect revisions in the OMB Guidance for Grants and Agreements that
moved ``Financial reporting'' from 2 CFR 200.327 to 2 CFR 200.328.
This final rule does not impose substantive requirements on the
public. It is ministerial and relates only to technical corrections. As
these changes will not have a substantive impact on the public, the
Department does not expect to receive substantive comments on the rule.
Therefore, the Department has determined that notice and comment are
unnecessary and that the rule is exempt from prior notice and comment
requirements under 5 U.S.C. 553(b)(3)(A). Similarly, under 5 U.S.C.
553(d)(3), the Department finds good cause for this rule to be
effective less than 30 days after its publication in the Federal
Register.
Regulatory Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The Department has determined that this final rule is not a
significant regulatory action under Executive Order 12866 and DOT
Regulatory Policies and Procedures (44 FR 11034). It was not reviewed
by the Office of Management and Budget. There are no costs associated
with this rule.
Executive Order 13132 (Federalism)
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule does not have substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, the consultation requirements of Executive
Order 13132 do not apply.
Executive Order 13175 (Consultation and Coordination With Indian Tribal
Governments)
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not significantly or uniquely affect the communities of the Indian
tribal governments and does not impose substantial or direct compliance
costs, the funding and consultation requirements of Executive Order
13175 do not apply.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required for this rule
under the Administrative Procedure Act, 5 U.S.C. 553, the provisions of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. We
also do not believe this rule will impose any costs on small entities
because it is merely organizational in nature. I hereby certify that
this final rule will not have a significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) does
not require a written statement for this final rule because the rule
does not include a Federal mandate that may result in the expenditure
in any one year of $100,000,000 or more (adjusted annually for
inflation) by State, local, and tribal governments, or the private
sector.
National Environmental Policy Act
DOT has analyzed the environmental impacts of this action pursuant
to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321
et seq.) and has determined that it is categorically excluded pursuant
to DOT Order 5610.1C, Procedures for Considering Environmental Impacts
(44 FR 56420, Oct. 1, 1979). Categorical
[[Page 12806]]
exclusions are actions identified in an agency's NEPA implementing
procedures that do not normally have a significant impact on the
environment and therefore do not require either an environmental
assessment (EA) or environmental impact statement (EIS). See 40 CFR
1508.4. In analyzing the applicability of a categorical exclusion, the
agency must also consider whether extraordinary circumstances are
present that would warrant the preparation of an EA or EIS. Id.
Paragraph 3.c.5 of DOT Order 5610.1C incorporates by reference the
categorical exclusions for all DOT Operating Administrations. This
action is covered by the categorical exclusion listed in the Federal
Highway Administration's implementing procedures, ``[p]romulgation of
rules, regulations, and directives.'' 23 CFR 771.117(c)(20). The
purpose of this rulemaking is to update the regulation that outlines
the requirements for Federal Awards and to revise section cross-
references to conform with the 2020 changes to the OMB Guidance for
Grants and Agreements. The agency does not anticipate any environmental
impacts, and there are no extraordinary circumstances present in
connection with this rulemaking.
List of Subjects in 2 CFR Part 1201
Accounting, Administrative practice and procedure, Adult education,
Aged, Agriculture, American Samoa, Bilingual education, Blind, Business
and industry, Civil rights, Colleges and universities, Communications,
Community development, Community facilities, Copyright, Credit,
Cultural exchange programs, Educational facilities, Educational
research, Education, Education of disadvantaged, Education of
individuals with disabilities, Educational study programs, Electric
power, Electric power rates, Electric utilities, Elementary and
secondary education, Energy conservation, Equal educational
opportunity, Federally affected areas, Government contracts, Grant
programs, Grants administration, Guam, Home improvement, Homeless,
Hospitals, Housing, Human research subjects, Indians, Indians-
education, Infants and children, Insurance, Intergovernmental
relations, International organizations, Inventions and patents, Loan
programs, Manpower training programs, Migrant labor, Mortgage
insurance, Nonprofit organizations, Northern Mariana Islands, Pacific
Islands Trust Territories, Privacy, Renewable energy, Reporting and
recordkeeping requirements, Rural areas, Scholarships and fellowships,
School construction, Schools, Science and technology, Securities, Small
businesses, State and local governments, Student aid, Teachers,
Telecommunications, Telephone, Urban areas, Veterans, Virgin Islands,
Vocational education, Vocational rehabilitation, Waste treatment and
disposal, Water pollution control, Water resources, Water supply,
Watersheds, Women.
For the reasons stated in the preamble, the Department of
Transportation amends 2 CFR part 1201 as set forth below:
PART 1201--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
0
1. The authority citation for part 1201 continues to read as follows:
Authority: 49 U.S.C. 322(a); 2 CFR 200.106.
Sec. 1201.80 [Amended]
0
2. In Sec. 1201.80, remove ``2 CFR 200.80'' and add in its place ``2
CFR 200.1'' and remove ``See 2 CFR 200.77 Period of performance.'' and
add in its place ``See 2 CFR 200.1 Definitions.''
Sec. 1201.206 [Redesigated as Sec. 1201.207 and Amended]
0
3. Redesignate Sec. 1201.206 as Sec. 1201.207 and amend the newly
redesignated section by removing ``2 CFR 200.206'' and adding in its
place ``2 CFR 200.207''.
Sec. 1201.327 [Redesigated as Sec. 1201.328 and Amended]
0
4. Redesignate Sec. 1201.327 as Sec. 1201.328 and amend the newly
redesignated section by removing ``2 CFR 200.327'' and adding in its
place ``2 CFR 200.328''.
Signed under authority provided by 49 U.S.C. 322(a), 2 CFR
200.106, and 49 CFR 1.27 in Washington, DC on February 21, 2023.
John E. Putnam,
General Counsel, U.S. Department of Transportation.
[FR Doc. 2023-03891 Filed 2-28-23; 8:45 am]
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