[Federal Register: March 16, 2000 (Volume 65, Number 52)]
[Rules and Regulations]
[Page 14405-14419]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr00-12]

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Part IV

Department of Agriculture
Department of Energy
National Aeronautics and Space Administration
Department of Commerce
Department of State
Agency for International Development
Department of Justice
Department of Labor
Department of Defense
Department of Education
National Archives and Records Administration
Environmental Protection Agency
Department of the Interior
Department of Health and Human Services
Department of Transportation
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Uniform Administrative Requirements for Grants and Agreements With
Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations; Final Rule

[[Page 14406]]

DEPARTMENT OF AGRICULTURE

7 CFR Part 3019

DEPARTMENT OF ENERGY

10 CFR Part 600

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1260

DEPARTMENT OF COMMERCE

15 CFR Part 14

DEPARTMENT OF STATE

22 CFR Part 145

AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Part 226

DEPARTMENT OF JUSTICE

28 CFR Part 70

DEPARTMENT OF LABOR

29 CFR Part 95

DEPARTMENT OF DEFENSE

32 CFR Parts 22 and 32

DEPARTMENT OF EDUCATION

34 CFR Part 74

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1210

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 30

DEPARTMENT OF THE INTERIOR

43 CFR Part 12

DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 74

DEPARTMENT OF TRANSPORTATION

49 CFR Part 19




Uniform Administrative Requirements for Grants and Agreements
With Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations

AGENCIES: Department of Agriculture, Department of Energy, National
Aeronautics and Space Administration, Department of Commerce,
Department of State, Agency for International Development, Department
of Justice, Department of Labor, Department of Defense, Department of
Education, National Archives and Records Administration, Environmental
Protection Agency, Department of the Interior, Department of Health and
Human Services, Department of Transportation.

ACTION: Interim final rule with request for comments.

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SUMMARY: This document presents an interim final revision to the
agencies' codification of Office of Management and Budget (OMB)
Circular A-110, ``Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other
Non-Profit Organizations.'' OMB issued a final revision to Circular A-
110 on September 30, 1999, as required by Public Law 105-277. It was
published in the Federal Register on October 8, 1999. The agencies'
interim final rules will provide uniform administrative requirements
for all grants and cooperative agreements to institutions of higher
education, hospitals, and other non-profit organizations.

DATES: This interim final rule is effective April 17, 2000. Comments
must be received on or before May 15, 2000.

ADDRESSES: Comments on the interim final rule should be addressed to:
Charles Gale, Director, Office of Grants Management, Department of
Health and Human Services, Room 517-D, Hubert H. Humphrey Building, 200
Independence Avenue, S.W., Washington, DC 20201. A copy of each
communication submitted will be available for public inspection and
copying during regular business hours (9:00 a.m.-5:30 p.m. eastern
standard time) at the above address. The full text of Circular A-110,
the text of the September 30th notice of final revision, and a chart
showing where each agency has codified the Circular into regulation may
be obtained by accessing OMB's home page (http://www.whitehouse.gov/
omb), under the heading ``Grants Management.''

FOR FURTHER INFORMATION CONTACT: For general issues regarding this
interim final rule, please contact Charles Gale, Director, Office of
Grants Management, Department of Health and Human Services at (202)
690-6377. For agency-specific issues, please contact the individual
noted in that agency's adoption below.

SUPPLEMENTARY INFORMATION:

Background

    Congress included a two-sentence provision in OMB's appropriation
for fiscal year 1999, contained in Public Law 105-277, directing OMB to
amend Section__.36 of Circular A-110 ``to require Federal awarding
agencies to ensure that all data produced under an award will be made
available to the public through the procedures established under the
Freedom of Information Act.'' The provision also provides for a
reasonable fee to cover the costs incurred in responding to a request.
Circular A-110 applies to grants and cooperative agreements to
institutions of higher education, hospitals, and non-profit
institutions, from all Federal agencies.
    In directing OMB to revise Circular A-110, Congress entrusted OMB
with the authority to resolve statutory ambiguities, the obligation to
address implementation issues the statute did not address, and the
discretion to balance the need for public access to research data with
protections of the research process. In developing the revision, OMB
sought to implement the statutory language fairly, in the context of
its legislative history. This required a balanced approach that (1)
furthered the interest of the public in obtaining the information
needed to validate Federally-funded research findings, (2) ensured that
research can continue to be conducted in accordance with the
traditional scientific process, and (3) implemented a public access
process that will be workable in practice.
    OMB finalized the revision on September 30, 1999 (64 FR 54926,
October 8, 1999). Before this, OMB published a Notice of Proposed
Revision on February 4, 1999 (64 FR 5684), and a request for comments
on clarifying changes to the proposed revision on August 11, 1999 (64
FR 43786). OMB received over 9,000 comments on the proposed revision
and over 3,000 comments on the clarifying changes.
    This interim final rule amends the agencies' codifications of
Circular A-110 so they reflect OMB's recent action.
    Under the provisions of section 7(o) of the Department of Housing
and Urban Development Act (42 U.S.C. 3535(o)), any Department of
Housing and Urban Development (HUD) proposed or interim final rule that
is issued for

[[Page 14407]]

public comment is subject to prepublication Congressional review for a
period of 15 days. Therefore, HUD is not joining in today's publication
but is adopting the common amendments in a separate rulemaking.

Impact Analysis

Executive Order 12866

    This is a significant regulatory action under Section 3(f)(4) of
Executive Order 12866, ``Regulatory Planning and Review.''

Regulatory Flexibility Act of 1980

    The Regulatory Flexibility Act (5 U.S.C. 605(b)) requires that, for
each rule with a ``significant economic impact on a substantial number
of small entities,'' an analysis must be prepared describing the rule's
impact on small entities and identifying any significant alternatives
to the rule that would minimize the economic impact on small entities.
    The participating agencies certify that this interim final rule
will not have a significant impact on a substantial number of small
entities. This rule concerns the information that Federally-funded
researchers must provide in response to Freedom of Information Act
requests.

Unfunded Mandates Act of 1995

    The Unfunded Mandates Act of 1995 (Public Law 104-4) requires
agencies to prepare several analytic statements before proposing any
rule that may result in annual expenditures of $100 million by State,
local, Indian Tribal governments or the private sector. Since this
interim final rule will not result in expenditures of this magnitude,
the participating agencies certify that such statements are not
necessary.

Paperwork Reduction Act

    The participating agencies certify that this interim final rule
will not impose additional reporting or recordkeeping requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

Waiver of Proposed Rulemaking

    Under the Administrative Procedure Act (5 U.S.C. 553) agencies
generally offer interested parties the opportunity to comment on
proposed regulations before they become effective. However, in this
case OMB previously provided the public an opportunity to comment on
the revision of Circular A-110, and this regulatory action codifies
that revision. Accordingly, while the participating agencies are
requesting public comment on this regulatory action, they find that
soliciting further public comment with respect to adopting the revised
circular, prior to the adoption becoming effective, is unnecessary and
contrary to public interest under 5 U.S.C. 553(b)(B). The regulatory
action is therefore being issued as an interim final rule.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
804. This rule will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.

Executive Order 13132: Federalism

    This rule will 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, in accordance with section 6 of
Executive Order 13132, the participating agencies have determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a federalism summary impact statement.

Text of the Interim Final Rule

    The text of the interim final rule appears below:

PART/SUBPART--[AMENDED]

    1. Section   .36 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding a new
paragraph (d) to read as follows:

Sec. __.36  Intangible property.

* * * * *
    (c) The Federal Government has the right to:
    (1) Obtain, reproduce, publish or otherwise use the data first
produced under an award; and
    (2) Authorize others to receive, reproduce, publish, or otherwise
use such data for Federal purposes.
    (d) (1) In addition, in response to a Freedom of Information Act
(FOIA) request for research data relating to published research
findings produced under an award that were used by the Federal
Government in developing an agency action that has the force and effect
of law, the Federal awarding agency shall request, and the recipient
shall provide, within a reasonable time, the research data so that they
can be made available to the public through the procedures established
under the FOIA. If the Federal awarding agency obtains the research
data solely in response to a FOIA request, the agency may charge the
requester a reasonable fee equaling the full incremental cost of
obtaining the research data. This fee should reflect costs incurred by
the agency, the recipient, and applicable subrecipients. This fee is in
addition to any fees the agency may assess under the FOIA (5 U.S.C.
552(a)(4)(A)).
    (2) The following definitions apply for purposes of this paragraph
(d):
    (i) Research data is defined as the recorded factual material
commonly accepted in the scientific community as necessary to validate
research findings, but not any of the following: preliminary analyses,
drafts of scientific papers, plans for future research, peer reviews,
or communications with colleagues. This ``recorded'' material excludes
physical objects (e.g., laboratory samples). Research data also do not
include:
    (A) Trade secrets, commercial information, materials necessary to
be held confidential by a researcher until they are published, or
similar information which is protected under law; and
    (B) Personnel and medical information and similar information the
disclosure of which would constitute a clearly unwarranted invasion of
personal privacy, such as information that could be used to identify a
particular person in a research study.
    (ii) Published is defined as either when:
    (A) Research findings are published in a peer-reviewed scientific
or technical journal; or
    (B) A Federal agency publicly and officially cites the research
findings in support of an agency action that has the force and effect
of law.
    (iii) Used by the Federal Government in developing an agency action
that has the force and effect of law is defined as when an agency
publicly and officially cites the research findings in support of an
agency action that has the force and effect of law.
* * * * *

Adoption of Interim Final Rule

    The adoption of the interim final rule by the participating
agencies, as modified by agency-specific text is set forth below:

[[Page 14408]]

DEPARTMENT OF AGRICULTURE

7 CFR Part 3019

FOR FURTHER INFORMATION CONTACT: Gerald Miske, Fiscal Policy Division,
Office of the Chief Financial Officer, 202-720-1553.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Agriculture
(USDA) is publishing this interim final rule in order to incorporate
the provisions of OMB Circular A-110, Section--.36 regarding the
availability of data produced under an award through the Freedom of
Information Act into USDA's grants administration regulation at 7 CFR
Part 3019. Consistent with this Circular, this rule applies to USDA
awards made to institutions of higher education, hospitals, and other
non-profit organizations. It also applies to subrecipients performing
work under awards if such subrecipients are institutions of higher
education, hospitals, and other non-profit organizations.

List of Subjects in 7 CFR Part 3019

    Accounting, Colleges and universities, Grant programs--agriculture,
Hospitals, Nonprofit organizations, Reporting and recordkeeping
requirements.

    Dated: January 20, 2000.
Sally Thompson,
Chief Financial Officer.
    Dated: January 21, 2000.
Dan Glickman,
Secretary of Agriculture.
    For reasons stated in the preamble, the Department of Agriculture
amends 7 CFR part 3019 as follows:

PART 3019--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND
OTHER NON-PROFIT ORGANIZATIONS

    1. The authority citation for part 3019 continues to read as
follows:

    Authority: 5 U.S.C. 301.

Sec. 3019.36  [Amended]

    2. Section 3019.36 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding a new
paragraph (d) as set forth at the end of the common preamble.

DEPARTMENT OF ENERGY

10 CFR Part 600

FOR FURTHER INFORMATION CONTACT: Trudy Wood, Office of Procurement and
Assistance Policy (MA-51), U.S. Department of Energy, 1000 Independence
Avenue, S.W., Washington, D.C.20585, telephone 202-586-5625.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Energy (DOE) is
publishing this interim final rule in order to incorporate the
provisions of OMB Circular A-110, Section__.36 regarding the
availability of data produced under an award through the Freedom of
Information Act into DOE's assistance regulations at 10 CFR Part 600.
Consistent with this Circular and 10 CFR Part 600, this rule applies to
DOE awards made to institutions of higher education, hospitals, other
non-profit organizations and commercial organizations. The OMB notices
in the Federal Register soliciting comments on this subject did not
address the potential applicability of the revisions to OMB Circular A-
110 to commercial organizations. Since the application of OMB Circular
A-110 to commercial organizations is optional, 10 CFR 600.136(d) will
not apply to commercial organizations.

List of Subjects in 10 CFR Part 600

    Accounting, Colleges and universities, Grants programs, Hospitals,
Intergovernmental relations, Nonprofit organizations, Reporting and
recordkeeping requirements.

    Dated: January 21, 2000.
Edward R. Simpson,
Acting Director, Office of Procurement and Assistance Management.
    For the reasons stated in the preamble, the Department of Energy
amends 10 CFR part 600 as follows:

PART 600--FINANCIAL ASSISTANCE RULES

    1. The authority citation for part 600 continues to read as
follows:

    Authority: 42 U.S.C. 7254, 7256, 13525; 31 U.S.C. 6301-6308,
unless otherwise noted.

Subpart B--Uniform Administrative Requirements for Grants and
Cooperative Agreements With Institutions of Higher Education,
Hospitals, Other Non-Profit Organizations and Commercial
Organizations

Sec. 600.136  [Amended]

    2. Section 600.136 (__.36) is amended as follows:
    a. Paragraph (b) is removed.
    b. Paragraph (a)(2) is redesignated as new paragraph (b) and
revised.
    c. Paragraph (a)(3) is redesignated as paragraph (c) and revised as
set forth at the end of the common preamble.
    d. Newly redesignated paragraph (c) is further amended by removing
the phrase ``The Federal Government'' in the introductory text and
adding ``DOE'' in its place.
    e. Paragraph (a)(4) is redesignated as paragraph (e) and the first
sentence is revised.
    f. Paragraph (a) is revised.
    g. Paragraph (d) is added as set forth in the common preamble.
    h. New paragraph (d) is further amended by removing the phrase
``Federal awarding agency'' in paragraph (d)(1) each time it appears
and adding ``DOE'' in its place and by adding paragraph (d)(3).
    The revisions and addition read as follows:

Sec. 600.136  Intangible property.

    (a) Recipients that are institutions of higher education,
hospitals, and other non-profit organizations may copyright any work
that is subject to copyright and was developed, or for which ownership
was purchased, under an award. DOE reserves a royalty-free,
nonexclusive and irrevocable right to reproduce, publish or otherwise
use the work for Federal purposes and to authorize others to do so.
    (b) In addition to this section, recipients must follow the
requirements set forth at 10 CFR 600.27.
* * * * *
    (d) * * *
    (3) This paragraph (d) applies only to recipients that are
institutions of higher education, hospitals, and other non-profit
organizations.
    (e) For recipients that are institutions of higher education,
hospitals, and other non-profit organizations, title to intangible
property and debt instruments acquired under an award or subaward vests
upon acquisition in the recipient. * * *

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1260

FOR FURTHER INFORMATION CONTACT: Diane Thompson, Manager, Sponsored
Research Business Activity, Code HC, NASA Headquarters, Washington, DC,
(202) 358-0514, e-mail: diane.thompson@hq.nasa.gov.

ADDITIONAL SUPPLEMENTARY INFORMATION: The National Aeronautics and
Space Administration (NASA) is publishing this interim final rule in
order to incorporate the provisions of OMB Circular A-110, Section--.36
regarding the availability of data produced under an award through the
Freedom of Information Act into NASA's grants

[[Page 14409]]

administration regulation at 14 CFR Part 1260. Consistent with this
Circular, this rule applies to NASA awards made to institutions of
higher education, hospitals and other non-profit organizations.

List of Subjects in 14 CFR 1260

    Accounting, Colleges and universities, Grant programs, Hospitals,
Nonprofit organizations, Recordkeeping and reporting requirements.

Anne Guenther,
Acting Associate Administrator for Procurement.
    For the reasons stated in the preamble, the National Aeronautics
and Space Administration amends 14 CFR Part 1260 as follows:

PART 1260--GRANTS AND COOPERATIVE AGREEMENTS

    1. The authority citation for part 1260 is revised to read as
follows:

    Authority: 42 U.S.C. 2473(c)(1); Pub. L. 97-258, 96 Stat. 1003
(31 U.S.C. 6301 et seq.); and OMB Circular A-110 (64 FR 54926,
October 8, 1999).

Subpart B--Uniform Administrative Requirements for Grants and
Cooperative Agreements With Institutions of Higher Education,
Hospitals, and Other Non-Profit Organizations

Sec. 1260.136  [Amended]

    2. Section 1260.136 (--.36) is amended as follows:
    a. Paragraph (c) is revised as set forth at the end of the common
preamble.
    b. Paragraphs (d) and (e) are redesignated as paragraphs (e) and
(f).
    c. Paragraph (d) is added as set forth at the end of the common
preamble.
    d. New paragraph (d) is further amended by removing the phrase
``Federal awarding agency'' in paragraph (d)(1) each time it appears
and adding ``NASA'' in its place.

DEPARTMENT OF COMMERCE

15 CFR Part 14

FOR FURTHER INFORMATION CONTACT: Susan L. Sutherland, Director, Office
of Executive Assistance Management, Telephone Number 202-482-4115.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Commerce (DoC)
is publishing this interim final rule in order to incorporate the
provisions of OMB Circular A-110, Section __.36 regarding the
availability of data produced under an award through the Freedom of
Information Act into DoC's grants administration regulation at 15 CFR
Part 14. Consistent with this Circular, this rule applies to DoC awards
made to institutions of higher education, hospitals, other non-profit,
and commercial organizations. It also applies to such entities if they
are recipients of subawards from States, and local and Indian Tribal
governments administering programs under DoC awards.

List of Subjects in 15 CFR Part 14

    Accounting, Colleges and universities, Grant programs, Hospitals,
Nonprofit organizations, Reporting and recordkeeping requirements.

Susan L. Sutherland,
Director, Office of Executive Assistance Management.
    For the reasons stated in the preamble, the Department of Commerce
amends 15 CFR part 14 as follows:

PART 14--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER
NON-PROFIT, AND COMMERCIAL ORGANIZATIONS

    1. The authority citation for part 14 is revised to read as
follows:

    Authority: 5 U.S.C. 301; OMB Circular A-110 (64 FR 54926,
October 8, 1999).

Sec. 14.36  [Amended]

    2. Section 14.36 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding a new
paragraph (d) as set forth at the end of the common preamble.

    3. Section 14.36 is further amended by removing the phrase
``Federal awarding agency'' in paragraph (d)(1) each time it appears
and adding ``DoC'' in its place.

DEPARTMENT OF STATE

22 CFR Part 145

FOR FURTHER INFORMATION CONTACT: Georgia Hubert, Director, Federal
Assistance Program, Office of the Procurement Executive, U.S.
Department of State, Washington, DC 20520, (703) 812-2526.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of State (DOS) is
publishing this interim final rule to incorporate the provisions of OMB
Circular A-110, Section --.36, regarding the availability through the
Freedom of Information Act of data produced under an award, into the
DOS grants uniform administrative requirements at 22 CFR Part 145.
Consistent with this Circular, this rule applies to DOS awards made to
institutions of higher education, hospitals and other non-profit
organizations. It also applies to such entities if they are recipients
of subawards from States, local and Indian Tribal governments
administering programs under DOS awards. The OMB notices in the Federal
Register soliciting comments on this subject did not address the
potential applicability of the revisions to OMB Circular A-110 to
commercial organizations. Since the application of OMB Circular A-110
to commercial organizations is optional, 22 CFR section 145.36(d)(1)
will not apply to commercial organizations.

List of Subjects in 22 CFR Part 145

    Accounting, Colleges and universities, Grant programs, Hospitals,
Nonprofit organizations, Reporting and recordkeeping requirements.

    Dated: January 13, 2000.
Lloyd W. Pratsch,
Procurement Executive.
    For the reasons stated in the preamble, the Department of State
amends 22 CFR part 145 as follows:

PART 145--GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER
EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANIZATIONS

    1. The authority citation for part 145 is revised to read as
follows:

    Authority: 22 U.S.C. 2658.1; OMB Circular A-110 (64 FR 54926,
October 8, 1999).

    2. Section 145.1 is amended by revising the first sentence to read
as follows:

Sec. 145.1  Purpose.

    This regulation establishes uniform administrative requirements for
Department of State grants and cooperative agreements awarded to
institutions of higher-education, hospitals, other nonprofit
organizations, and commercial organizations, except that
Sec. 145.36(d)(1) shall not apply to commercial organizations. * * *

Sec. 145.36  [Amended]

    3. Section 145.36 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding a new
paragraph (d) as set forth at the end of the common preamble.

    4. Section 145.36 is further amended by adding paragraph (d)(3) to
read as follows:

Sec. 145.36  Intangible property.

* * * * *
    (d) * * *

[[Page 14410]]

    (3) The requirements set forth in paragraph (d)(1) of this section
do not apply to commercial organizations.
* * * * *

AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Part 226

FOR FURTHER INFORMATION CONTACT: M/OP/P, Diana Esposito, Procurement
Analyst, U.S. Agency for International Development, Room 7.08-105, M/
OP/P, 1300 Pennsylvania Avenue, N.W., Washington, D.C. 20523-7801,
Telephone (202) 712-4163, FAX (202) 216-3395.

List of Subjects in 22 CFR Part 226

    Accounting, Colleges and universities, Grant programs, Hospitals,
Nonprofit organizations, Reporting and recordkeeping requirements.
    For the reasons stated in the preamble, the Agency for
International Development amends 22 CFR part 226 as follows:

PART 226--ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-
GOVERNMENTAL ORGANIZATIONS

    1. The authority citation for part 226 continues to read as
follows:

    Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445 (22 U.S.C.
2381), as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR
1979 Comp., p. 435.

Sec. 226.36  [Amended]

    2. Section 226.36 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding a new
paragraph (d) as set forth at the end of the common preamble.

    Dated: January 27, 2000.
Rodney W. Johnson,
Director, Office of Procurement.

DEPARTMENT OF JUSTICE

28 CFR Part 70

[A.G. Order No. 2289-2000]

FOR FURTHER INFORMATION CONTACT: Cynthia J. Schwimer, Comptroller &
Chief Financial Officer, Office of Justice Programs, U. S. Department
of Justice, (202) 307-0623.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Justice
(Department) is publishing this interim final rule in order to
incorporate the provisions of OMB Circular A-110, Section--.36
regarding the availability of data produced under an award through the
Freedom of Information Act into the Department's grants administration
regulation at 28 CFR Part 70. Consistent with this Circular, this rule
applies to awards made by the Department to institutions of higher
education, hospitals and other non-profit organizations. It also
applies to such entities if they are recipients of subawards from
States, and local and Indian Tribal governments administering programs
under Departmental awards.

List of Subjects in 28 CFR Part 70

    Accounting, Colleges and universities, Grant programs, Hospitals,
Nonprofit organizations, Reporting and recordkeeping requirements.

    Dated: February 24, 2000.
Janet Reno,
Attorney General.
    For the reasons stated in the preamble, the Department of Justice
amends 28 CFR part 70 as follows:

PART 70--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
AGREEMENTS (INCLUDING SUBAWARDS) WITH INSTITUTIONS OF HIGHER
EDUCATION, HOSPITALS AND OTHER NON-PROFIT ORGANIZATIONS

    1. The authority citation for part 70 is revised to read as
follows:

    Authority: 5 U.S.C. 301; the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U.S.C. 3711, et seq. (as amended); Juvenile
Justice and Delinquency Prevention Act of 1974, 42 U.S.C. 5601, et
seq. (as amended); Victims of Crime Act of 1984, 42 U.S.C. 10601, et
seq. (as amended); 18 U.S.C. 4042, 4351-4353; OMB Circular A-110 (64
FR 54926, October 8, 1999).

Sec. 70.36  [Amended]

    2. Section 70.36 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding a new
paragraph (d) as set forth at the end of the common preamble.

    3. Section 70. 36 is further amended by removing the phrase
``Federal Government'' in paragraph (c) introductory text and adding
``Department'' in its place.

    4. Section 70.36 is further amended by removing the phrase
``Federal awarding agency'' in paragraph (d)(1) each time it appears
and adding ``Departmental awarding agency'' in its place.

DEPARTMENT OF LABOR

29 CFR Part 95

FOR FURTHER INFORMATION CONTACT: Comments specific to the Department of
Labor may be directed to Phyllis R. McMeekin, Office of the Acquisition
Advocate, 202-219-9174, [fax 202-219-9440]. Mailing address: U.S.
Department of Labor, 200 Constitution Avenue, NW, Room N-5425,
Washington, DC 20210.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Labor (DOL) is
publishing this interim final rule in order to incorporate the
provisions of OMB Circular A-110, Section__.36 regarding the
availability through the Freedom of Information Act of data produced
under an award into DOL's grants administration regulation at 29 CFR
Part 95. Consistent with this Circular, this rule applies to DOL awards
made to institutions of higher education, hospitals and other non-
profit organizations. It also applies to such entities if they are
recipients of subawards as indicated in Subpart 95.5. The OMB notices
in the Federal Register soliciting comments on this subject did not
address the potential applicability of the revisions to OMB Circular A-
110 to commercial organizations. Since the application of OMB Circular
A-110 to commercial organizations is optional, 29 CFR Sec. 95.36(d)(1)
will not apply to commercial organizations.

List of Subjects in 29 CFR Part 95

    Accounting, Colleges and universities, Grant programs, Hospitals,
Nonprofit organizations, Reporting and recordkeeping requirements.

    Dated: January 27, 2000.
Alexis M. Herman,
Secretary of Labor.

    For the reasons stated in the preamble, the Department of Labor
amends 29 CFR part 95 as follows:

PART 95--GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER
EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS, AND WITH
COMMERCIAL ORGANIZATIONS, FOREIGN GOVERNMENTS, ORGANIZATIONS UNDER
THE JURISDICTION OF FOREIGN GOVERNMENTS, AND INTERNATIONAL
ORGANIZATIONS

    1. The authority citation for part 95 is revised to read as
follows:

    Authority: 5 U.S.C. 301; OMB Circular A-110 (64 FR 54926,
October 8, 1999); Secretary of Labor's Order 4-76.

Sec. 95.36  [Amended]

    2. Section 95.36 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding a new
paragraph (d) as set forth at the end of the common preamble.

[[Page 14411]]

    3. Section 95.36 is further amended by removing the phrase ``The
Federal Government'' in paragraph (c) introductory text, and adding
``DOL'' in its place.

    4. Section 95.36 is further amended by removing the phrase
``Federal awarding agency'' in paragraph (d)(1) each time it appears,
and adding ``DOL'' in its place.

DEPARTMENT OF DEFENSE

32 CFR Parts 22 and 32

FOR FURTHER INFORMATION CONTACT: Mark Herbst, Office of the Deputy
Under Secretary of Defense (Science and Technology), 3080 Defense
Pentagon, Washington, D.C. 20301-3080.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Defense (DoD)
adopts two interim final amendments to the DoD Grant and Agreement
Regulations (DoDGARs). These amendments apply to awards made on or
after the effective date of this regulatory change.
    The principal amendment is to section 32.36 of Part 32 of the
DoDGARs, which is the DoD's implementation of OMB Circular A-110. In
adopting this amendment, the Office of the Secretary of Defense, the
Military Departments and the Defense Agencies will maintain uniform
policies on access to data produced under awards to universities and
nonprofit organizations that are consistent with the policies of other
Executive Departments and Agencies.
    The other amendment is to Appendix C of Part 22 of the DoDGARs, to
conform that appendix to the revised section 32.36 of Part 32. The
change is to delete language advising DoD grants officers that an issue
to be addressed in award terms and conditions is whether to waive the
Government's access rights to data produced under awards. With the
revision to section 32.36 of part 32, that no longer is an option. Two
other technical corrections are made to the appendix, to correct
citations to sections of the DoDGARs.

List of Subjects

32 CFR Part 22

    Accounting, Grant programs--education, Reporting and recordkeeping
requirements.

32 CFR Part 32

    Accounting, Administrative practice and procedure, Colleges and
universities, Grant programs, Hospitals, Nonprofit organizations,
Reporting and recordkeeping requirements.
    For the reasons stated in the preamble, the Department of Defense
amends Subchapter B of Chapter I of Title 32 of the Code of Federal
Regulations as follows:

PART 22--[AMENDED]

    1. The authority citation for part 22 continues to read as follows:

    Authority: 5 U.S.C. 301 and 10 U.S.C. 113.

    2. Appendix C to Part 22 is revised to read as follows:
BILLING CODE 3410-KS, 6450-01, 7510-01, 3510-FA, 4710-05, 6116-01,
4410-18, 4510-23, 5001-10, 4000-01, 7515-01, 6560-50, 4310-RF, 4150-24,
4910-62-P

Appendix C to Part 22--Administrative Requirements and Issues to be
Addressed in Award Terms and Conditions

[[Page 14412]]

[GRAPHIC] [TIFF OMITTED] TR16MR00.024

[[Page 14413]]

[GRAPHIC] [TIFF OMITTED] TR16MR00.025

[[Page 14414]]

[GRAPHIC] [TIFF OMITTED] TR16MR00.026

[[Page 14415]]

[GRAPHIC] [TIFF OMITTED] TR16MR00.027

[[Page 14416]]

BILLING CODE 3410-KS, 6450-01, 7510-01, 3510-FA, 4710-05, 6116-01,
4410-18, 4510-23, 5001-10, 4000-01, 7515-01, 6560-50, 4310-RF, 4150-24,
4910-62

PART 32--[AMENDED]

    3. The authority citation for part 32 continues to read as follows:

    Authority: 5 U.S.C. 301 and 10 U.S.C. 113.

Sec. 32.36  [Amended]

    4. Section 32.36 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding a new
paragraph (d) as set forth at the end of the common preamble.

    5. Section 32.36 is further amended by removing the phrase
``Federal awarding agency'' in paragraph (d)(1) each time it appears,
and adding ``DoD Component that made the award'' in its place.

    Dated: January 25, 2000.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

DEPARTMENT OF EDUCATION

34 CFR Part 74

FOR FURTHER INFORMATION CONTACT: Arthur Stewart. Telephone: (202) 708-
9049. If you use a telecommunications device for the deaf (TDD), you
may call the Federal Information Relay Service at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Education (ED)
publishes this interim final rule in order to incorporate the
provisions of OMB Circular A-110, Section __.36 regarding the
availability of data produced under a grant award through the Freedom
of Information Act into ED's grants administration regulations at 34
CFR Part 74. Consistent with the Circular, this rule applies to ED
grant awards made to institutions of higher education, hospitals and
other non-profit organizations. It also applies to those entities if
they are recipients of subawards from States, and local and Indian
Tribal governments administering programs under ED awards.
    Invitation to Comment: In addition to any comments submitted to
Charles Gale at the U.S. Department of Health and Human Services, we
invite you to submit comments regarding ED's specific implementation of
these interim final regulations to Arthur Stewart, Department of
Education, room 3652, ROB-3, Seventh and D Streets, SW., Washington, DC
20202-4248.
    During and after the comment period, you may inspect public
comments submitted to ED about it's specific interim final regulations
in room 3652, ROB-3, Seventh and D Streets, SW, Washington, DC, between
the hours of 8:30 a.m. and 4:00 p.m., Eastern time, Monday through
Friday of each week except Federal holidays.
    Assistance to Individuals With Disabilities in Reviewing the
Rulemaking Record: On request, we will supply an appropriate aid, such
as a reader or print magnifier, to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for these interim final regulations. If you
want to schedule an appointment for this type of aid, you may call
(202) 205-8113 or (202) 260-9895. If you use a TDD, you may call the
Federal Information Relay Service at 1-800-877-8339.
    Assessment of Educational Impact: Based on our own 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.
    Electronic Access to this Document: You may view this document, as
well as all other Department of Education documents published in the
Federal Register, in text or Adobe Portable Document Format (PDF) on
the Internet at either of the following sites: http://
ocfo.ed.gov.fedreg.htm, and http://www.ed.gov/news.html
    To use the PDF you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using the PDF, call the U.S. Government Printing
Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC,
area at (202) 512-1530.
    The official version of this document is published in the Federal
Register. Free Internet access to the official edition of the Federal
Register and the Code of Federal Regulations is available on GPO Access
at: http://www.access.gpo.gov/nara/index.html

List of Subjects in 34 CFR Part 74

    Accounting, Colleges and universities, Grant programs, Hospitals,
Nonprofit organizations, Reporting and recordkeeping requirements.

    Dated: January 24, 2000.
Richard W. Riley,
Secretary of Education.
    For the reasons stated in the preamble, the Secretary of Education
amends 34 CFR part 74 as follows:

PART 74--ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS
OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS

    1. The authority citation for part 74 continues to read as follows:

    Authority: 20 U.S.C. 1221e-3, 3474; OMB Circular A-110, unless
otherwise noted.

Sec. 74.36  [Amended]

    2. Section 74.36 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding a new
paragraph (d) as set forth at the end of the common preamble.
    3. Section 74.36 is further amended by removing the phrase ``the
Federal awarding agency'' in paragraph (d)(1) each time it appears and
adding ``ED'' in its place.

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1210

FOR FURTHER INFORMATION CONTACT: Nancy Allard at 301-713-7360,
extension 226 or by fax at 301-713-7270.

ADDITIONAL SUPPLEMENTARY INFORMATION: The National Historical
Publications and Records Commission (NHPRC) is the grant-making
component of the National Archives and Records Administration (NARA).
The NHPRC makes grants to state and local archives, colleges and
universities, libraries, historical societies, and other nonprofit
organizations in the U.S. to help identify, preserve, and provide
public access to records, photographs, and other materials that
document American history. We are publishing this interim final rule in
order to incorporate the provisions of OMB Circular A-110, Section
__.36 regarding the availability of data produced under an award
through the Freedom of Information Act into our NHPRC grants
administration regulation at 36 CFR Part 1210.

List of Subjects in 36 CFR Part 1210

    Accounting, Colleges and universities, Grant programs, Hospitals,
Nonprofit organizations, Reporting and recordkeeping requirements.

[[Page 14417]]

    Dated: January 11, 2000.
John W. Carlin,
Archivist of the United States.
    For the reasons stated in the preamble, the National Archives and
Records Administration amends 36 CFR part 1210 as follows:

PART 1210--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
AGREEMENTS TO INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND
OTHER NON-PROFIT ORGANIZATIONS

    1. The authority citation for part 1210 is revised to read as
follows:

    Authority: 5 U.S.C. 301; OMB Circular A-110 (64 FR 54926,
October 8, 1999).

Sec. 1210.36  [Amended]

    2. Section 1210.36 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding new paragraph
(d) as set forth at the end of the common preamble.

    3. Section 1210.36 is further amended by removing the phrase
``Federal awarding agency'' in paragraph (d)(1) each time it appears
and adding ``NHPRC'' in its place.

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 30

FOR FURTHER INFORMATION CONTACT: Alexandria Mincey, Grants
Administration Division, Policy, Information and Training Branch, 1300
Pennsylvania Avenue, NW (3903R), Fifth Floor, Room 51288, Washington,
DC 20004, (202) 564-5371.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Environmental Protection
Agency (EPA) is publishing this interim final rule in order to
incorporate the provisions of OMB Circular A-110, Section __.36
regarding the availability of data produced under an award through the
Freedom of Information Act into EPA's grants administration regulation
at 40 CFR Part 30. Consistent with this Circular, this rule applies to
EPA assistance awards made to institutions of higher education,
hospitals and other non-profit organizations. It also applies to such
entities if they are recipients of subawards from States, local and
Indian Tribal governments under EPA awards.
    The Agency will implement a process for determination, assessment,
collection, and reimbursement of recipients' costs.

List of Subjects in 40 CFR Part 30

    Accounting, Colleges and universities, Grant programs, Hospitals,
Nonprofit organizations, Reporting and recordkeeping requirements.

    Dated: January 13, 2000.
Carol M. Browner,
Administrator of the Environmental Protection Agency.
    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR Part 30 as follows:

PART 30--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND
OTHER NON-PROFIT ORGANIZATIONS

    1. The heading for part 30 is revised to read as set forth above.
    2. The authority citation for part 30 is revised to read as
follows:

    Authority: 7 U.S.C. 135 et seq.; 15 U.S.C. 2601 et seq.; 33
U.S.C. 1251 et seq.; 42 U.S.C. 241, 242b, 243, 246, 300f, 300j-1,
300j-2, 300j-3, 1857 et seq., 6901 et seq., 7401 et seq., 9601 et
seq.; OMB Circular A-110 (64 FR 54926, October 8, 1999).

Sec. 30.36  [Amended]

    3. Section 30.36 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding a new
paragraph (d) as set forth at the end of the common preamble.

    4. Section 30.36 is further amended by removing the phrase
``Federal awarding agency'' in paragraph (d)(1) each time it appears
and adding ``EPA'' in its place.

DEPARTMENT OF THE INTERIOR

43 CFR Part 12

FOR FURTHER INFORMATION CONTACT: Debra E. Sonderman, (Director, Office
of Acquisition and Property Management), (202) 208-6431.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of the Interior
(DOI) has implemented OMB Circular A-110 at 43 CFR Part 12, Subpart F.
There is also a provision at 43 CFR Part 12, Subpart A, Section 12.2(a)
which confirms that grants and cooperative agreements which are awarded
by DOI to institutions of higher education, hospitals and other non-
profit organizations, are governed by Subpart F and OMB Circular A-110.
The regulation at Subpart A documents that OMB Circular A-110 is a part
of the regulation as well as any changes made to the Circular and
subsequently published in the Federal Register. Therefore, awards made
by DOI were considered covered on the effective date of the changes
published in the revised Circular, November 8, 1999.
    In order to amend DOI's codification of the Circular at 43 CFR Part
12, Subpart F, DOI is participating in this joint publication so that
the recent revisions made by OMB can be reflected. With the publication
of this interim final rule, we are incorporating the provisions of OMB
Circular A-110, Section__.36 regarding the availability of data
produced under an award through the Freedom of Information Act into the
implementing regulation at 43 CFR Part 12, Subpart F.
    Compliance With Laws, Executive Orders, and Department Policy: In
addition to the certifications stated in the general preamble, DOI is
including the following statements:
    In accordance with Executive Order 12630, the rule does not have
significant takings implications. A takings implication assessment is
not required. No takings of personal property will occur as a result of
this rule.
    In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
    This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 is not required.
    In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951 and 512 DM 2), we have evaluated possible
effects on Federally recognized Indian tribes and have determined that
there are no effects on trust resources. This regulation concerns the
information that federally-funded researchers must provide in response
to Freedom of Information Act requests related to grants and
cooperative agreements awarded to institutions of higher education,
hospitals, and other non-profit organizations.

List of Subjects in 43 CFR Part 12

    Accounting, Administrative practice and procedure, Colleges and
universities, Grant programs, Hospitals, Nonprofit organizations,
Reporting and recordkeeping requirements.

    Dated: January 13, 2000.
John Berry,
Assistant Secretary-Policy, Management and Budget.
    For the reasons set forth in the preamble, the Department of the
Interior amends 43 CFR part 12 as follows:

[[Page 14418]]

PART 12--ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES
FOR ASSISTANCE PROGRAMS

    1. The authority for part 12 is revised to read as follows:

    Authority: 5 U.S.C. 301; 31 U.S.C. 6101 note, 7501; 41 U.S.C.
252a, 701 et seq; Pub. L. 104-256, 110 Stat. 1396; sec. 501, Pub. L.
105-62, 111 Stat. 1338; sec. 503, Pub. L. 105-62, 111 Stat. 1339;
sec. 303, Pub. L. 105-83, 111 Stat. 1589; sec. 307, Pub. L. 105-83,
111 Stat. 1590; E.O. 12549, 3 CFR, 1986 Comp., p. 189; E.O. 12674, 3
CFR, 1989 Comp., p. 215; E.O. 12689, 3 CFR, 1989 Comp., p. 235; E.O.
12731, 3 CFR, 1990 Comp., p. 306; E.O. 13043, 62 FR 19217; 3 CFR
1997 Comp., p. 195; OMB Circular A-102; OMB Circular A-110; and OMB
Circular A-133.

Subpart F--Uniform Administrative Requirements for Grants and
Agreements With Institutions of Higher Education, Hospitals, and
Other Non-Profit Organizations

Sec. 12.936  [Amended]

    2. Section 12.936 (__.36) is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding a new
paragraph (d) as set forth at the end of the common preamble.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 74

FOR FURTHER INFORMATION CONTACT: Charles Gale, Director, Office of
Grants Management, 202-690-6377; for the hearing impaired only: TDD
202-690-6415.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Health and
Human Services (HHS) is publishing this interim final rule to
incorporate the provisions of OMB Circular A-110, Section --.36,
regarding the availability through the Freedom of Information Act of
data produced under an award, into the HHS grants administration
regulation at 45 CFR Part 74. Consistent with this Circular, this rule
applies to HHS awards made to institutions of higher education,
hospitals and other non-profit organizations. It also applies to such
entities if they are recipients of subawards from States, and local and
Indian Tribal governments administering programs under HHS awards. We
recognize that OMB's notices for public comment regarding this subject
did not address the potential applicability to commercial
organizations. Since the applicability of OMB Circular A-110 to
commercial organizations is optional and 45 CFR Part 74 includes other
special provisions for commercial organizations (Subpart E), we have
decided to be consistent with other Federal agencies which have decided
not to apply the new provision to commercial organizations.

List of Subjects in 45 CFR Part 74

    Accounting, Colleges and universities, Grant programs, Hospitals,
Indians, Intergovernmental relations, Nonprofit organizations,
Reporting and recordkeeping requirements.

    Dated: January 14, 2000.
Donna E. Shalala,
Secretary.
    For the reasons stated in the preamble, the Department of Health
and Human Services amends 45 CFR part 74 as follows:

PART 74--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR AWARDS AND
SUBAWARDS TO INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER
NONPROFIT ORGANIZATIONS, AND COMMERCIAL ORGANIZATIONS; AND CERTAIN
GRANTS AND AGREEMENTS WITH STATES, LOCAL GOVERNMENTS AND INDIAN
TRIBAL GOVERNMENTS

    1. The authority citation for part 74 is revised to read as
follows:

    Authority: 5 U.S.C. 301; OMB Circular A-110 (64 FR 54926,
October 8, 1999).

    2. Section 74.1(a)(1) is revised to read as follows:

Sec. 74.1  Purpose and applicability.

    (a) * * *
    (1) Department of Health and Human Services' (HHS) grants and
agreements awarded to institutions of higher education, hospitals,
other nonprofit organizations and only to commercial organizations in
instances other than those involving procedures to make data available
under the Freedom of Information Act provision set forth in
Sec. 74.36(d)(1).
* * * * *

Sec. 74.36  [Amended]

    3. Section 74.36 is amended:
    a. By revising paragraph (c), redesignating paragraph (d) as
paragraph (e), and adding a new paragraph (d) as set forth at the end
of the common preamble.
    b. By removing the phrase ``Federal awarding agency'' in paragraph
(d)(1) each time it appears and adding ``HHS Awarding Agency'' in its
place.
    c. By adding paragraph (d)(3) to read as follows:

Sec. 74.36  Intangible property.

* * * * *
    (d) * * *
    (3) The requirements set forth in paragraph (d)(1) of this section
do not apply to commercial organizations.
* * * * *

    4. Section 74.83 is added to subpart E to read as follows:

Sec. 74.83  Effect on intangible property.

    Data sharing (FOIA) requirements as set forth in Sec. 74.36(d)(1)
do not apply to commercial organizations.

DEPARTMENT OF TRANSPORTATION

49 CFR Part 19

FOR FURTHER INFORMATION CONTACT: Robert G. Taylor, U.S. Department of
Transportation, Office of the Senior Procurement Executive, M-62, 400
Seventh Street, S.W., Room 7101, Washington, D.C. 20590, phone (202)
366-4289, fax (202-366-7510, e-mail robert.g.taylor@ost.dot.gov, for
grant related questions. Robert I. Ross, U.S. Department of
Transportation, Office of the General Counsel, C-10, 400 Seventh Street
S.W., Room 10102, Washington, DC 20590, phone (202)366-9156, fax
(202)366-9170, email bob.ross@ost.dot.gov, for FOIA related questions.

ADDITIONAL SUPPLEMENTAL INFORMATION: The Department of Transportation
(DOT) is publishing this interim final rule in order to incorporate the
provisions of OMB Circular A-110, Section __.36 regarding the
availability of data produced under an award through the Freedom of
Information Act FOIA into DOT's grants administration regulation at 49
CFR Part 19. Additional information has been added to clarify internal
DOT procedures for payments made in accordance with the OMB revisions
to Section __.36 of the Circular.

List of Subjects in 49 CFR Part 19

    Accounting, Colleges and universities, Grant programs, Hospitals,
Nonprofit organizations, Reporting and recordkeeping requirements.

Rodney E. Slater,
Secretary of Transportation.
    For the reasons stated in the preamble, the Department of
Transportation amends 49 CFR part 19 as follows:

[[Page 14419]]

PART 19--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND
OTHER NON-PROFIT ORGANIZATIONS

    1. The authority citation for part 19 continues to read as follows:

    Authority: 49 U.S.C. 322(a).

Sec. 19.36  [Amended]

    2. Section 19.36 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding a new
paragraph (d) as set forth at the end of the common preamble.
[FR Doc. 00-5674 Filed 3-15-00; 8:45 am]
BILLING CODE 3410-KS-P; 6450-01-P; 7510-01-P; 3510-FA-P; 4710-05-P;
6116-01-P; 4410-18-P; 4510-23-P; 5001-10-P; 4000-01-P; 7515-01-P; 6560-
50-P; 4310-RF-P; 4150-24-P; 4910-62-P