[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
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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.

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

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]
BILLING CODE 4910-9X-P


