Regulatory review and update; technical amendments,

[Federal Register: July 9, 2007 (Volume 72, Number 130)]

[Rules and Regulations]

[Page 37097-37105]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09jy07-1]

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.

[[Page 37097]]

DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Parts 2, 11, 14, 16, 20, 22, 70, 71, 75, 90, 95, 96, 97, 98, 99

Department of Labor Regulatory Review and Update

AGENCY: Office of the Secretary, Department of Labor.

ACTION: Final rule; technical amendments.

SUMMARY: The Department of Labor (DOL) is amending existing regulations to update obsolete non-substantive or nomenclature references in the Code of Federal Regulations (CFR). This action is intended to improve the accuracy of the agency's regulations and does not impose any new regulatory or technical requirements.

DATES: Effective Date: July 9, 2007.

FOR FURTHER INFORMATION CONTACT: Kathleen Franks, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue, NW., Washington, DC 20210, Telephone (202) 693-5959.

SUPPLEMENTARY INFORMATION: DOL's strategic outcome goal 4.2 measures the agency's success in creating a regulatory structure that promotes compliance flexibility and reduces regulatory burden. As part of this strategic goal, DOL is conducting an ongoing review of its regulations governing labor standards, pensions, health care, and worker safety to ensure that references in the CFR are accurate and current.

This final rule corrects or removes obsolete non-substantive or nomenclature references in the CFR. For example, this rule changes references to superseded laws, adds CFR citations for OMB Circulars, and updates cross-references to standards established under other authorities such as the simplified acquisition threshold cross- referenced in 29 CFR part 95 and Federal audit thresholds in 29 CFR parts 96 and 99.

Publication of this document constitutes final action on these changes under the Administrative Procedure Act (5 U.S.C. 553). Notice of Proposed Rulemaking is unnecessary since the agency is merely updating non-substantive and nomenclature references.

Executive Order 12866

This rule has been drafted and reviewed in accordance with Executive Order 12866, section 1(b), Principles of Regulations. The agency has determined that this rule is not a ``significant regulatory action'' under Executive Order 12866, section 3(f), Regulatory Planning and Review. Accordingly, there is no requirement for an assessment of potential costs and benefits under section 6(a)(3) of that order.

Regulatory Flexibility Act

Because no notice of proposed rulemaking is required for this rule under section 553(b) of the Administrative Procedure Act (APA), the requirements of the Regulatory Flexibility Act (5 U.S.C. 601) pertaining to regulatory flexibility do not apply to this rule. See 5 U.S.C. 601(2).

Paperwork Reduction Act

This final rule is not subject to section 350(h) of the Paperwork Reduction Act (44 U.S.C. 3501) since it does not contain any new collection of information requirements.

Publication in Final

The Department has determined that these amendments need not be published as a proposed rule, pursuant to 5 U.S.C. 553(b)(A), since these changes are interpretive, procedural in nature, or relate to agency organization. Because this final rule does not make substantive amendments, the Department of Labor has determined that delaying the effective date of the rule is unnecessary and good cause exists under 5 U.S.C. 553(b)(B) to make this rule effective immediately upon publication in the Federal Register.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not classified as a ``rule'' under Chapter 8 of the Small Business Regulatory Enforcement Fairness Act of 1996, because it is a rule pertaining to agency organization, procedure, or practice that does not substantially affect the rights or obligations of non- agency parties. See 5 U.S.C. 804(3)(C).

List of Subjects

29 CFR Part 2

Administrative practice and procedure, Construction industry, Government contracts, Minimum wages.

29 CFR Part 11

Environmental impact statements.

29 CFR Part 14

Classified information.

29 CFR Part 16

Claims, Equal access to justice, Lawyers, Reporting and recordkeeping requirements.

29 CFR Part 20

Claims, Income taxes, Reporting and recordkeeping requirements, Wages.

29 CFR Part 22

Administrative practice and procedure, Claims, Fraud, Penalties.

29 CFR Part 70

Freedom of information.

29 CFR Part 71

Privacy.

29 CFR Part 75

Business and industry, Grant programs-business, Loan programs- business.

29 CFR Part 90

Administrative practice and procedure, Grant programs-labor, Reporting and recordkeeping requirements.

29 CFR Part 95

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

29 CFR Part 96

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

[[Page 37098]]

29 CFR Part 97

Accounting, Grant programs, Indians, Reporting and recordkeeping requirements.

29 CFR Part 98

Administrative practice and procedure, Grant programs, Loan programs, Reporting and recordkeeping requirements.

29 CFR Part 99

Accounting, Administrative practice and procedures, Grant programs, Hospitals, Intergovernmental relations, Loan programs, Nonprofit organizations, Reporting and recordkeeping requirements.

0 For the reasons set forth in the preamble, DOL amends subtitle A of title 29, Code of Federal Regulations, as follows:

PART 2--GENERAL REGULATIONS

0 1. The authority citation for 29 CFR part 2 continues to read as follows:

Authority: 5 U.S.C. 301, Executive Order 13198, 66 FR 8497, 3 CFR 2001 Comp., p. 750; Executive Order 13279, 67 FR 77141, 3 CFR 2002 Comp., p. 258.

Sec. 2.6 [Amended]

0 2. In Sec. 2.6(a), remove the words ``General Accounting Office'' and add, in their place, the words ``Government Accountability Office'' and in Sec. 2.6(b), add the words ``and Management'' after the words ``Assistant Secretary for Administration''.

PART 11--DEPARTMENT OF LABOR NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) COMPLIANCE PROCEDURES

0 3. The authority citation for 29 CFR part 11 continues to read as follows:

Authority: 42 U.S.C 4321 et seq., Executive Order 11514, 40 CFR parts 1500-1508.

Sec. 11.2 [Amended]

0 4. In Sec. 11.2, remove the words ``the Employment and Training Administration (ETA) (through one of its major programs, the Job Corps)'' and add, in their place, the words ``the Office of Job Corps'' and remove the words ``Comprehensive Employment and Training Act (29 U.S.C. 801, et. seq.)'' and add, in their place, the words ``Workforce Investment Act of 1998 (29 U.S.C. 2801, et seq.)''.

Sec. 11.10 [Amended]

0 5. In Sec. 11.10(c)(1), remove the words ``U.S. Employment Service'' and add, in their place, the words ``Office of Workforce Investment''.

PART 14--SECURITY REGULATIONS

0 6. The authority citation for 29 CFR part 14 continues to read as follows:

Authority: E.O. 12356 of April 2, 1982 (47 FR 14874).

Sec. 14.3 [Amended]

0 7. In Sec. 14.3, revise paragraph (a) to read as set forth below; and, in paragraph (b)(2), remove ``1356'' and add, in its place, ``12356''.

Sec. 14.3 DOL Classification Review Committee.

* * * * *

(a) Composition of committee. The members of this Committee are:

Chairperson--Deputy Assistant Secretary for Security and Emergency Management, OASAM. Member--Administrative Officer, Office of the Solicitor. Member--Director, Office of Foreign Relations, Bureau of International Labor Affairs. Advisor--DOL Document Security Officer. * * * * *

Sec. 14.4 [Amended]

0 8. In Sec. 14.4(a), remove the word ``Under'' and add, in its place, the word ``Deputy''; and, in paragraph (i), remove the words ``General Services Administration'' and add, in their place, the words ``National Archives and Records Administration''.

Sec. 14.20 [Amended]

0 9. In Sec. 14.20(d), add the word ``Labor'' between the words ``International Affairs''.

Sec. 14.21 [Amended]

0 10. In Sec. 14.21, remove ``1985'' and add, in its place, ``1958''; and, add the word ``Labor'' between the words ``International Affairs''.

PART 16--EQUAL ACCESS TO JUSTICE ACT

0 11. The authority citation for 29 CFR part 16 continues to read as follows:

Authority: Pub. L. 96-481, 94 Stat. 2327 (5 U.S.C. 504).

Sec. 16.104 [Amended]

0 12. In Sec. 16.104(a)(4) heading, remove the words ``Office of Civil Rights'' and add, in their place, the words ``Civil Rights Center''; in paragraph (a)(5)(i), remove the words ``Comprehensive Employment and Training Act at 29 U.S.C. 818'' and add, in their place, the words ``Workforce Investment Act at 29 U.S.C. 2936''; and, in the same paragraph, remove the word ``CETA'' and add, in its place, the word ``WIA''.

Sec. 16.107 [Amended]

0 13. In Sec. 16.107(c), remove ``$75.00'' and add, in its place, ``$125.00''.

PART 20--FEDERAL CLAIMS COLLECTION

0 14. The authority citation for 29 CFR part 20 continues to read as follows:

Authority: 31 U.S.C. 3711 et seq.; Subpart D is also issued under 5 U.S.C. 5514; Subpart E is also issued under 31 U.S.C. 3720A.

Sec. Sec. 20.75, 20.76 [Amended]

0 15. Remove the words ``General Accounting Office'' and add, in their place, the words ``Government Accountability Office'' in the following places: 0 a. Section 20.75(c) in two places; and 0 b. Section 20.76(g).

PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

0 16. The authority citation for 29 CFR part 22 continues to read as follows:

Authority: Pub. L. 99-509, Secs. 6101-6104, 100 Stat. 1874, 31 U.S.C. 3801-3812.

0 17. Revise Sec. 22.2(l) and (q)(3) to read as follows:

Sec. 22.2 Definitions.

* * * * *

(l) Investigating official means the Inspector General of the Department of Labor or an officer or employee of the Office of the Inspector General designated by the Inspector General and serving in a Senior Executive Service position. * * * * *

(q) * * *

(3) Serving in a Senior Executive Service position. * * * * *

PART 70--PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS

0 18. The authority citation for 29 CFR part 70 continues to read as follows:

Authority: 5 U.S.C. 301, 5 U.S.C. 552, as amended; Reorganization Plan No. 6 of 1950, 5 U.S.C. Appendix; E.O. 12600, 52 FR 23781, 3 CFR, 1988 Comp., p. 235.

Appendix A to Part 70--[Amended]

0 19. Amend Appendix A to Part 70 as follows: 0 a. In paragraph (b)(1), remove the words ``Director, Office of Participant Assistance & Communications, Employee Benefits Security Administration (EBSA)'' and add, in

[[Page 37099]]

their place, the words ``Director, Office of Participant Assistance, Employee Benefits Security Administration (EBSA)''; and, revise the entry ``Employment and Training Administration'' and the accompanying list numbered 1-25 as set forth below. 0 b. In paragraph (b)(2) to Appendix A, for the Employee Benefits Security Administration Regional Director or District Supervisor revise entries 2, 10, and 13 as set forth below. 0 c. In paragraph (b)(2) to Appendix A, amend the entry for the Regional Administrators, Veterans' Employment and Training Service (VETS) by removing Regions I through X and adding in their place entries 1 through 6 as set forth below.

The revisions read as follows:

Appendix A to Part 70--Disclosure Officers

* * * * *

(b) * * *

(1) * * *

Employment and Training Administration

  1. Assistant Secretary for Employment and Training, ETA.

  2. Deputy Assistant Secretary, Workforce Investment System, ETA.

  3. Administrator, Office of Workforce Investment, ETA.

  4. Administrator, Office of Workforce Security, ETA.

  5. Administrator, Office of National Response, ETA.

  6. Director, Division of Trade Adjustment Assistance, ETA.

  7. Administrator, Office of Field Operations, ETA.

  8. Regional Administrator, Boston, ETA.

  9. Regional Administrator, Philadelphia, ETA.

  10. Regional Administrator, Atlanta, ETA.

  11. Regional Administrator, Dallas, ETA.

  12. Regional Administrator, Chicago, ETA.

  13. Regional Administrator, San Francisco, ETA.

  14. Deputy Assistant Secretary, Administration & National Activity, ETA.

  15. Administrator, Office of Foreign Labor Certification, ETA.

  16. Administrator, Office of Apprenticeship, ETA.

  17. Regional Director, Office of Apprenticeship, Boston, ETA.

  18. Regional Director, Office of Apprenticeship, Philadelphia, ETA.

  19. Regional Director, Office of Apprenticeship, Atlanta, ETA.

  20. Regional Director, Office of Apprenticeship, Dallas, ETA.

  21. Regional Director, Office of Apprenticeship, Chicago, ETA.

  22. Regional Director, Office of Apprenticeship, San Francisco, ETA.

  23. Administrator, Office of Policy Development & Research, ETA.

  24. Administrator, Office of Financial & Administrative Management, ETA.

  25. Director, Office of Financial and Administrative Services, ETA.

  26. Director, Office of Grants and Contracts Management, ETA.

  27. Chief, Division of Contract Services, ETA.

  28. Chief, Division of Federal Assistance, ETA.

  29. Director, Office of Human Resources, ETA.

  30. Director, Office of Equal Employment Opportunity, ETA.

  31. Director, Office of Special Programs & Emergency Preparedness, ETA; and

  32. Administrator, Office of Performance & Technology, ETA.

    (2) * * *

    Employee Benefits Security Administration Regional Director or District Supervisor

    * * * * *

  33. Regional Director, 33 Whitehall Street, Suite 1200, New York, NY 10004. * * * * *

  34. Regional Director, Two Pershing Square Building, 2300 Main Street, Suite 1100, Kansas City, MO 64108. * * * * *

  35. Regional Director, 90 7th Street, Suite 11-300, San Francisco, CA 94103. * * * * *

    Regional Administrators, Veterans' Employment and Training Service (VETS)

  36. J.F. Kennedy Federal Building, Government Center, Room E-315, Boston, Massachusetts 02203.

  37. The Curtis Center, Suite 770 West, 170 S. Independence Mall West, Philadelphia, PA 19106-2205.

  38. Atlanta Federal Center, 61 Forsyth Street, SW., Room 6T85, Atlanta, Georgia 30303.

  39. 230 South Dearborn, Room 1064, Chicago, Illinois 60604.

  40. 525 Griffin Street, Room 858, Dallas, Texas 75202.

  41. 90 Seventh Street, Suite 2-600, San Francisco, California 94103.

    PART 71--PROTECTION OF INDIVIDUAL PRIVACY AND ACCESS TO RECORDS UNDER THE PRIVACY ACT OF 1974

    0 20. The authority citation for 29 CFR part 71 continues to read as follows:

    Authority: 5 U.S.C. 301; 5 U.S.C. 552a as amended; Reorganization Plan No. 6 of 1950, 5 U.S.C. Appendix.

    Sec. 71.51 [Amended]

    0 21. In Sec. 71.51(a)(5), remove the words ``Directorate of Civil Rights'' and add, in their place, the words ``Civil Rights Center''; and in paragraph (a)(34) remove the words ``Division of Civil Rights'' and add, in their place, the words ``Division of Civil Rights and Labor Management''.

    0 22. Revise Appendix A to Part 71 to read as follows:

    Appendix A to Part 71--Responsible Officials

    (a)(1) The titles of the responsible officials of the various independent agencies in the Department of Labor are listed below. This list is provided for information and to assist requesters in locating the office most likely to have responsive records. The officials may be changed by appropriate designation. Unless otherwise specified, the mailing addresses of the officials shall be: U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210-0002. When addressing communications to an office or division within a Department of Labor agency, include the agency and sub-agency name.

    Administrative Review Board (ARB)

    Chairperson

    Office of the Assistant Secretary for Policy (OASP)

    Assistant Secretary for Policy Deputy Assistant Secretary

    Bureau of Labor Statistics (BLS)

    Commissioner Associate Commissioner, Office of Administration The mailing address for responsible officials in the Bureau of Labor Statistics is: Rm. 4040--Postal Square Bldg., 2 Massachusetts Ave., NE., Washington, DC 20212-0001.

    Benefits Review Board (BRB)

    Chief Administrative Appeals Judge

    Employee Benefits Security Administration (EBSA)

    Director, Office of Participant Assistance

    Employees' Compensation Appeals Board (ECAB)

    Chairperson

    Employment Standards Administration (ESA)

    Assistant Secretary for Employment Standards Director, Equal Employment Opportunity Unit

    Office of Management, Administration and Planning

    Director, Office of Management, Administration and Planning

    Office of Workers' Compensation Programs

    Director, Office of Workers' Compensation Programs Deputy Director, Office of Workers' Compensation Programs Special Assistant to the Director Director for Division of Planning, Policy, and Standards Director for Federal Employees' Compensation Director for Longshore and Harbor Workers' Compensation Director for Coal Mine Workers' Compensation Director for Energy Employees Occupational Illness Compensation

    [[Page 37100]]

    Wage and Hour Division

    Administrator Deputy Administrator Deputy National Office Program Administrator Director, Office of Enforcement Policy Deputy Director, Office of Enforcement Policy Director, Office of Planning and Analysis Director, Office of Wage Determinations Director, Office of External Affairs

    Office of Federal Contract Compliance Programs

    Deputy Assistant Secretary for Federal Contract Compliance Programs Deputy Director, Office of Federal Contract Compliance Programs Director, Division of Policy, Planning and Program Development Deputy Director, Division of Policy, Planning and Program Development Director, Division of Program Operations Deputy Director, Division of Program Operations Director, Division of Management and Administrative Programs

    Office of Labor-Management Standards

    Deputy Assistant Secretary for Labor-Management Standards

    Employment and Training Administration (ETA)

    Assistant Secretary of Labor Deputy Assistant Secretary, Workforce Investment System Administrator, Office of Workforce Investment Administrator, Office of Workforce Security Administrator, Office of National Response Director, Division of Trade Adjustment Assistance Administrator, Office of Field Operations Regional Administrator, Boston Regional Administrator, Philadelphia Regional Administrator, Atlanta Regional Administrator, Dallas Regional Administrator, Chicago Regional Administrator, San Francisco Deputy Assistant Secretary, Administration & National Activity Administrator, Office of Foreign Labor Certification Administrator, Office of Apprenticeship Regional Director, Office of Apprenticeship, Boston Regional Director, Office of Apprenticeship, Philadelphia Regional Director, Office of Apprenticeship, Atlanta Regional Director, Office of Apprenticeship, Dallas Regional Director, Office of Apprenticeship, Chicago Regional Director, Office of Apprenticeship, San Francisco Administrator, Office of Policy Development & Research Administrator, Office of Financial & Administrative Management Director, Office of Financial and Administrative Services Director, Office of Grants and Contracts Management Chief, Division of Contract Services Chief, Division of Federal Assistance Director, Office of Human Resources Director, Office of Equal Employment Opportunity Director, Office of Special Program & Emergency Preparedness Administrator, Office of Performance & Technology

    Bureau of International Labor Affairs (ILAB)

    Deputy Undersecretary, Office of the Deputy Undersecretary

    Office of Job Corps (OJC)

    National Director Regional Director, Boston Regional Director, Philadelphia Regional Director, Atlanta Regional Director, Chicago Regional Director, Dallas Regional Director, San Francisco

    Mine Safety and Health Administration (MSHA)

    Director of Office of Standards, Regulations, and Standards The mailing address for the responsible official in the Mine Safety and Health Administration is: 1100 Wilson Boulevard, Arlington, Virginia 22209.

    Office of the Administrative Law Judges (OALJ)

    Chief Administrative Law Judge Legal Counsel The mailing address for the Office of Administrative Law Judges is: Chief, Office of Administrative Law Judges, 800 K Street, NW., Suite N-400, Washington, DC 20001-8002.

    Office of Adjudicatory Services (OAS)

    Executive Director

    Office of the Assistant Secretary for Administration and Management (OASAM)

    Deputy Assistant Secretary for Operations Deputy Assistant Secretary for Budget and Performance Planning Deputy Assistant Secretary for Security and Emergency Management Director, Business Operations Center Director, Civil Rights Center Director, Human Resources Center Director, Information Technology Center Director, Departmental Budget Center Director, Center for Program Planning and Results

    Office of the Chief Financial Officer (OCFO)

    Chief Financial Officer Associate Deputy Secretary for Adjudication

    Office of Congressional and Intergovernmental Affairs (OCIA)

    Assistant Secretary Deputy Assistant Secretary

    Office of Disability Employment Policy (ODEP)

    Assistant Secretary Deputy Assistant Secretary Director, Policy and Research Director, Operations

    Office of the Inspector General (OIG)

    Disclosure Officer

    Office of Public Affairs (OPA)

    Assistant Secretary Deputy Assistant Secretary

    Office of the Secretary of Labor (OSEC)

    Secretary of Labor, Attention: Assistant Secretary for Administration and Management

    Office of Small Business Programs (OSBP)

    Director

    Office of the Solicitor of Labor (SOL)

    Deputy Solicitor

    Occupational Safety and Health Administration (OSHA)

    Assistant Secretary Deputy Assistant Secretary (2) Director, Office of Communications Director, Office of Equal Employment Opportunity Director, Directorate of Administrative Programs Director, Directorate of Construction Director, Directorate of Cooperative and State Programs Director, Directorate of Enforcement Programs Director, Directorate of Evaluation and Analysis Director, Directorate of Information Technology Director, Directorate of Science, Technology and Medicine Director, Directorate of Standards and Guidance Director, Directorate of Training and Education The mailing address for OSHA's Directorate of Training and Education is 2020 South Arlington Heights Road, Arlington Heights, Illinois 60005-4102. Regional Administrator, Boston Regional Administrator, New York Regional Administrator, Philadelphia Regional Administrator, Atlanta Regional Administrator, Chicago Regional Administrator, Dallas Regional Administrator, Kansas City Regional Administrator, Denver Regional Administrator, San Francisco Regional Administrator, Seattle

    Veterans' Employment and Training Service (VETS)

    Assistant Secretary Deputy Assistant Secretary Director, Office of Agency, Management and Budget

    Women's Bureau

    Director National Office Coordinator

    (2) The titles of the responsible officials in the regional offices of the various independent agencies are listed below. Unless otherwise specified, the mailing address for these officials by region, shall be:

    Region I

    U.S. Department of Labor, John F. Kennedy Federal Building, Boston, Massachusetts 02203

    [[Page 37101]]

    Region II

    201 Varick Street, New York, New York 10014

    Region III

    Gateway Building, 3535 Market Street, Philadelphia, Pennsylvania 19104 Curtis Center, 170 South Independence Mall West, Philadelphia, PA 19106-3305 (BLS only) This also is an OSHA address.

    Region IV

    U.S. Department of Labor, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303

    Region V

    Kluczynski Federal Building, 230 South Dearborn Street, Chicago, Illinois 60604 1240 East Ninth Street, Room 851, Cleveland, Ohio 44199 (FEC only)

    Region VI

    525 Griffin Square Building, Griffin & Young Streets, Dallas, Texas 75202

    Region VII

    City Center Square Building, 1100 Main Street, Kansas City, Missouri 64105-2112 (For BLS only: contact Region VI.)

    Region VIII

    1999 Broadway Street, Denver, Colorado 80202 (For BLS only: contact Region VI.)

    Region IX

    San Francisco Federal Building, 90-7th Street, San Francisco, California 94103

    Region X

    1111 Third Avenue, Seattle, Washington 98101-3212 (For BLS only: contact Region IX.)

    Employee Benefits Security Administration (EBSA)

    Regional Director or District Supervisor Regional Director, J.F.K. Federal Bldg., Room 575, Boston, Massachusetts 02203 Regional Director, 33 Whitehall Street, Suite 1200, New York, NY 10004 Regional Director, The Curtis Center, 170 S. Independence Mall West, Suite 870 West, Philadelphia, PA 19106 District Supervisor, 1335 East-West Highway, Suite 200, Silver Spring, MD 20910 Regional Director, 61 Forsyth Street, S.W., Room 7B54, Atlanta, Georgia 30303 District Supervisor, 8040 Peters Road, Building H, Suite 104, Plantation, Florida 33324 Regional Director, 1885 Dixie Highway, Suite 210, Ft. Wright, Kentucky 41011 District Supervisor, 211 West Fort Street, Suite 1310, Detroit, Michigan 48226-3211 Regional Director, 200 West Adams Street, Suite 1600, Chicago, Illinois 60606 Regional Director, Two Pershing Square Building, 2300 Main Street, Suite 1100, Kansas City, MO 64108 District Supervisor, Young Federal Building, 1222 Spruce Street, Room 6310, St. Louis, MO 63103 Regional Director, 525 Griffin Street, Room 900, Dallas, Texas 75202 Regional Director, 90 7th Street, Suite 11-300, San Francisco, CA 94103 District Director, 1111 Third Avenue, Room 860, Seattle, Washington 98101-3212 Regional Director, 1055 E. Colorado Boulevard, Suite 200, Pasadena, CA 91106

    Employment Standards Administration (ESA)

    Regional Administrator for Wage and Hour, Regional Director for Federal Contract Compliance Programs, Regional Director for the Office of Workers' Compensation Programs, District Director, Office of Workers' Compensation Programs, Employment Standards Administration

    Wage and Hour Division, ESA

    Northeast Region

    The Curtis Center, Suite 850, 170 S. Independence Mall West, Philadelphia, PA 19106

    Southeast Region

    U.S. Department of Labor, Atlanta Federal Center, Room 7M40, 61 Forsyth Street, SW., Atlanta, GA, 30303

    Midwest Region

    230 South Dearborn Street, Suite 530, Chicago, Illinois 60604

    Southwest Region

    525 Griffin Street, Suite 800, Dallas, TX 75202

    Western Region

    71 Stevenson Street, Suite 930, San Francisco, California 94105

    Office of Federal Contract Compliance Programs, ESA

    JFK Federal Building, Room E-235, Boston, Massachusetts 02203 201 Varick Street, Room 750, New York, New York 10014 Curtis Center Suite 750 West, 170 S. Independence Mall West, Philadelphia, PA 19106 61 Forsyth Street, SW, Suite 7B75, Atlanta, Georgia 30303 Klucynski Federal Building, Room 570, 230 South Dearborn Street, Chicago, Illinois 60604 Federal Building, Room 840, 525 South Griffin Street, Dallas, Texas 75202 71 Stevenson Street, Suite 1700, San Francisco, California 94105- 2614

    Office of Workers' Compensation Programs, District Directors

    National Office

    800 North Capitol Street NW., Room 800, Washington, DC 20211 (FECA Only)

    FAB Offices

    800 N. Capitol Street, Room 565, Washington, DC 20211 (EEOIC Only) 400 West Bay Street, Room 722, Jacksonville, FL 32202 (EEOIC Only) 1001 Lakeside Avenue Suite 350, Cleveland, OH 44114 (EEOIC Only) 1999 Broadway, Suite 1120, Denver, CO 80202 (EEOIC Only) 719 Second Avenue, Suite 601, Seattle, WA 98104 (EEOIC Only)

    Northeast Region

    201 Varick Street, Seventh Floor, Room 750, New York, NY 10014 (FECA and LHWCA only) 201 Varick Street, Seventh Floor, Room 740, New York, New York 10014 (FECA and LHWCA only) John F. Kennedy, Federal Building, Room E-260, Boston, Massachusetts 02203 (FECA and LHWCA Only)

    Philadelphia Region

    Curtis Center, Suite 780 West, 170 S. Independence Mall West, Philadelphia, PA 19106 (FECA only) Curtis Center, Suite 715 East, 170 S. Independence Mall West, Philadelphia, PA 19106 (FECA only) Penn Traffic Building, 319 Washington Street, Johnstown, Pennsylvania 15901 (BLBA only) 100 North Wilkes Barre Blvd., Suite 300A, Wilkes-Barre, Pennsylvania 18702 (BLBA only) Wellington Square, 1225 South Main Street, Suite 405, Greensburg, Pennsylvania 15601 (BLBA only) Federal Building, 31 Hopkins Plaza, Room 410B, Baltimore, Maryland 21201 (LHWCA Only) Federal Building, 200 Granby Mall, Room 212, Norfolk, Virginia 23510 (LHWCA only) Federal Building, 500 Quarrier Street, Suite 110, Charleston, West Virginia 25301 (BLBA Only) Federal Building, 425 Juliana Street, Suite 3116, Parkersburg, West Virginia 26101 (BLBA Only)

    Jacksonville Region

    400 West Bay Street, Suite 943, Jacksonville, FL 32202 (FECA, EEOIC and LHWC) 400 West Bay Street, Room 826, Jacksonville, FL 32202 (FECA only) 164 Main Street, Fifth Floor, Suite 508, Pikeville, Kentucky 41501 (BLBA only) 400 West Bay Street, Room 63A, Jacksonville, Florida 32202 (LHWCA only) 400 West Bay Street, Room 722, Jacksonville, Florida 32202 (DEEOIC only)

    Midwest Region

    230 South Dearborn Street, 8th Floor, Room 800, Chicago, Illinois 60604 (FECA) 1240 East Ninth Street, Room 851, Cleveland, Ohio 44199 (FECA Only) 1160 Dublin Road, Suite 300, Columbus, Ohio 43215 (BLBA Only) City Center Square, 1100 Main Street, Suite 750, Kansas City, Missouri 64105 (FECA Only) North Point Tower, 1001 Lakeside Ave, Suite 350, Cleveland, OH 44114 (EEOIC Only)

    Southwest Region

    525 South Griffin Street, Room 407, Federal Building, Dallas, Texas 75202 (FECA and DLHWC) 525 South Griffin Street, Room 100, Federal Building, Dallas, Texas 75202 (FECA Only) P.O. Box 30728 New Orleans, Louisiana 70190 (LHWCA Only) 8866 Gulf Freeway, Suite 140, Houston, Texas 77017 (LHWCA Only) 1999 Broadway, Suite 600, Denver, Colorado 80202 (FECA and BLBA Only) 1999 Broadway, Suite 1120, Denver, Colorado 80202 (DEEOIC)

    [[Page 37102]]

    Pacific Region

    71 Stevenson Street, Room 1705, San Francisco, California 94105 (LHWCA and FECA) 71 Stevenson Street, Room 305, San Francisco, California 94105 (LHWCA and FECA) 401 E. Ocean Boulevard, Suite 720, Long Beach, California 90802 (LHWCA Only) 300 Ala Moana Boulevard, Room 5-135, Honolulu, Hawaii 96850 (LHWCA Only) 1111 Third Avenue, Suite 620, Seattle, Washington 98101 (LHWCA only) 1111 Third Avenue, Suite 650, Seattle, Washington 98101 (FECA only) 719 Second Avenue, Suite 601, Seattle, Washington 98101 (DEEOIC only)

    Employment and Training Administration (ETA)

    Region I

    U.S. Department of Labor, John F. Kennedy Federal Building, Room E- 350, Boston, Massachusetts 02203

    Region II

    The Curtis Center 170 South Independence Mall West, Suite 825 East, Philadelphia, PA 19106-3315

    Region III

    Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Room 6M12, Atlanta, Georgia 30303

    Region IV

    1. Maceo Smith Federal Building 525 S. Griffin Street, Room 317, Dallas, TX 75202

    Region V

    John Kluczynski Federal Building, 230 South Dearborn Street, Room 628, Chicago, Illinois 60604

    Region VI

    71 Stevenson Street, Room 830, San Francisco, California 94119-3767

    Office of Job Corps

    Boston Region

    John F. Kennedy Federal Building E-350, Boston, Massachusetts 02203

    Philadelphia Region

    The Curtis Center, Suite 815 East, 170 South Independence Mall West, Philadelphia, Pennsylvania, 19106

    Atlanta Region

    62 Forsyth Street, Room 6T95, Atlanta, Georgia 30303

    Chicago Region

    Federal Building, 230 South Dearborn Street, Room 676, Chicago, Illinois 60604

    Dallas Region

    525 Griffin Street, Room 403, Dallas, Texas 75202

    San Francisco Region

    71 Stevenson Street, Suite 1015, San Francisco, California 94105

    Office of the Assistant Secretary for Administration and Management (OASAM)

    Region I

    Regional Administrator--John F. Kennedy Federal Building E 215, Boston, MA 02203

    Region II

    Regional Administrator--201 Varick Street, Room 815, New York, NY 10014

    Region III

    Regional Administrator--The Curtis Center, Suite 600 East, 170 S. Independence Mall West, Philadelphia, PA 19106-3305

    Region IV

    Regional Administrator--Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Room 6B65, Atlanta, GA 30303

    Region V

    Regional Administrator--230 South Dearborn Street, 10th Floor, Chicago, IL 60604

    Region VI

    Regional Administrator--525 Griffin Street, Room 744, Dallas, TX 75202

    Region VII

    Regional Administrator--1100 Main Street, Suite 850, Kansas City, MO 64105-2112

    Region IX

    Regional Administrator--71 Stevenson Street, Suite 515, San Francisco, CA 94105

    Region X

    Regional Administrator--1111 3rd Avenue, Suite 815, Seattle, WA 98101-3212

    Occupational Safety and Health Administration (OSHA)

    Regional Administrator--John F. Kennedy Federal Building, Room E- 340, Boston, Massachusetts 02203

    Area Director

    Federal Office Building, 450 Main Street, Room 613, Hartford, Connecticut 06103 1057 Broad Street, 4th Floor, Bridgeport, Connecticut 06604 639 Granite Street, 4th Floor, Braintree, Massachusetts 02184 1441 Main Street, Room 550, Springfield, Massachusetts 01103-1493 Valley Office Park, 13 Branch Street, Methuen, Massachusetts 01844 E.S. Muskie Federal Building, 40 Western Avenue, Room G-26, Augusta, Maine 04330 202 Harlow Street, Room 240, Bangor, Maine 04401 53 Pleasant Street, Room 3901, Concord, New Hampshire 03301 Federal Office Building, 380 Westminster Mall, Room 543, Providence, Rhode Island 02903 Regional Administrator--201 Varick Street, Room 670, New York, New York 10014

    Area Director

    500 Route 17 South, 2nd Floor, Hasbrouck Heights, New Jersey 07604 Marlton Executive Park, Building 2, 701 Route 73 South, Suite 120, Marlton, New Jersey 08053 1030 St. Georges Avenue, Plaza 35, Suite 205, Avenel, New Jersey 07001 299 Cherry Hill Road, Suite 103, Parsippany, New Jersey 07054 201 Varick Street, Room 908, New York, New York 10014 1400 Old Country Road, Suite 208, Westbury, New York 11590 45-17 Marathon Parkway, Little Neck, New York 11362 401 New Karner Road, Suite 300, Albany, New York 12205-3809 3300 Vickery Road, North Syracuse, New York 13212 130 South Elmwood Avenue, Room 500, Buffalo, New York 14202-2465 660 White Plains Road, 4th Floor, Tarrytown, New York 10591-5107 Triple S Building, 1510 F.D. Roosevelt Avenue, Suite 5B, Guaynabo, Puerto Rico 00968 Regional Administrator--The Curtis Center--Suite 740 West, 170 South Independence Mall West, Philadelphia, PA 19106-3309 919 Market Street, Mellon Bank Building, Suite 900, Wilmington, Delaware 19801-3319 1099 Winterson Road, Suite 140, Linthicum, Maryland 21090-2218 U.S. Custom House, Room 242, Second & Chestnut Street, Philadelphia, Pennsylvania 19106-2902 Federal Building, 1000 Liberty Avenue, Room 1428, Pittsburgh, Pennsylvania 15222-4101 1128 State Street, Suite 200, Erie, Pennsylvania 16501 The Stegmaier Building, Suite 410, 7 North Wilkes-Barre Boulevard, Wilkes-Barre, Pennsylvania 18702-5241 850 North 5th Street, Allentown, Pennsylvania 18102-1731 Progress Plaza, 49 North Progress Avenue, Harrisburg, Pennsylvania 17109-3596 Federal Office Building, 200 Granby Street, Room 614, Norfolk, Virginia 23510-1819 405 Capitol Street, Suite 407, Charleston, West Virginia 25301-1727 Regional Administrator--Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Room 6T50, Atlanta, Georgia 30303

    Area Director

    950 22nd Street North, Suite 1050, Birmingham, Alabama 35203 1141 Montlimar Drive, Suite 1006, Mobile, Alabama 36609 8040 Peters Road, Building H-100, Fort Lauderdale, Florida 33324 Ribault Building, Suite 227, 1851 Executive Center Drive, Jacksonville, Florida 32207 5807 Breckenridge Parkway, Suite A, Tampa, Florida 33610-4249 2400 Herodian Way, Suite 250, Smyrna, Georgia 30080-2968 450 Mall Boulevard, Suite J, Savannah, Georgia 31406 La Vista Perimeter Office Park, 2183 N. Lake Parkway, Building 7, Suite 110, Tucker, Georgia 30084-4154 John C. Watts Federal Building, 330 West Broadway, Room 108, Frankfort, Kentucky 40601-1922 3780 I-55 North, Suite 210, Jackson, Mississippi 39211-6323 4407 Bland Road, Suite 210, Raleigh, North Carolina 27609 Strom Thurman Federal Building, 1835 Assembly Street, Room 1472, Columbia, South Carolina 29201-2453 2002 Richard Jones Road, Suite C-205, Nashville, Tennessee 37215- 2809 Regional Administrator--John Kluczynski Federal Building, 230 South Dearborn Street, Room 3244, Chicago, Illinois 60604

    [[Page 37103]]

    Area Director

    1600 167th Street, Suite 9, Calumet City, Illinois 60409 701 Lee Street, Suite 950, Des Plaines, Illinois 60016 365 Smoke Tree Plaza, North Aurora, Illinois 60542 11 Executive Drive, Suite 11, Fairview Heights, Illinois 62208 2918 W. Willow Knolls Road, Peoria, Illinois 61614 46 East Ohio Street, Room 423, Indianapolis, Indiana 46204 315 West Allegan, Room 207, Lansing, Michigan 48933 Federal Office Building, 1240 East 9th Street, Room 899, Cleveland, Ohio 44199 Federal Office Building, 200 N. High Street, Room 620, Columbus, Ohio 43215 420 Madison Avenue, Suite 600, Toledo, Ohio 43604 36 Triangle Park Drive, Cincinnati, Ohio 45246 1648 Tri Parkway, Appleton, Wisconsin 54914 Henry S. Reuss Building, Room 1180, 310 West Wisconsin Avenue, Milwaukee, Wisconsin 53203 1310 W. Clairemont Avenue, Eau Claire, Wisconsin 54701 4802 East Broadway, Madison, Wisconsin 53716 Regional Administrator--A. Maceo Smith Federal Building, 525 S. Griffin Street, Room 602, Dallas, TX 75202

    Area Director

    10810 Executive Center Drive, Danville Building 2, Suite 206, Little Rock, Arkansas 72211 9100 Bluebonnet Centre Blvd., Suite 201, Baton Rouge, Louisiana 70809 55 North Robinson, Suite 315, Oklahoma City, Oklahoma 73102-9237 8344 East R.L. Thornton Freeway, Suite 420, Dallas, Texas 75228 La Costa Green Building, 1033 La Posada, Suite 375, Austin, Texas 78752-3832 Wilson Plaza, 606 N. Carancahua, Suite 700, Corpus Christi, Texas 78476 Federal Office Building, 1205 Texas Avenue, Room 806, Lubbock, Texas 79401 Houston North Area Office, 507 North Sam Houston Parkway East, Suite 400, Houston, Texas 77060 17625 El Camino Real, Suite 400, Houston, Texas 77058 8713 Airport Freeway, Suite 302, Fort Worth, Texas 76180-7610 4849 North Mesa Street, Suite 200, El Paso, Texas 79912-5936 Regional Administrator--City Center Square, 1100 Main Street, Suite 800, Kansas City, Missouri 64105

    Area Director

    210 Walnut Street, Room 815, Des Moines, Iowa 50309-2015 271 W. 3rd Street North, Room 400, Wichita, Kansas 67202 6200 Connecticut Avenue, Suite 100, Kansas City, Missouri 64120 911 Washington Avenue, Room 420, St. Louis, Missouri 63101 Overland--Wolf Building, 6910 Pacific Street, Room 100, Omaha, Nebraska 68106 Regional Administrator--1999 Broadway, Suite 1690, Denver, Colorado 80202

    Area Director

    7935 East Prentice Avenue, Suite 209, Greenwood Village, Colorado 80011-2714 1391 Speer Boulevard, Suite 210, Denver, Colorado 80204-2552 2900 Fourth Avenue North, Suite 303, Billings, Montana 59101 1640 East Capitol Avenue, Bismarck, North Dakota 58501 Regional Administrator--90 7th Street, Suite 18-100, San Francisco, California 94103 Regional Administrator--1111 Third Avenue, Suite 715, Seattle, Washington 98101-3212

    Area Director

    222 W. 7th Avenue, Box 22, Anchorage, Alaska 99513 1150 North Curtis Road, Suite 201, Boise, Idaho 83706 1220 Southwest 3rd Avenue, Room 640, Portland, Oregon 97204 505 106th Avenue NE, Suite 302, Belleview, Washington 98004

    Veterans' Employment and Training Service (VETS)

    Regional Administrators

    Boston Regional Office

    J.F. Kennedy Federal Building, Government Center, Room E-315, Boston, Massachusetts 02203

    Philadelphia Regional Office

    The Curtis Center, Suite 770 West, 170S. Independence Mall West, Philadelphia, PA 19106-2205

    Atlanta Regional Office

    Atlanta Federal Center, 61 Forsyth Street, SW., Room 6T85, Atlanta, Georgia 30303

    Chicago Regional Office

    230 South Dearborn, Room 1064, Chicago, Illinois 60604

    Dallas Regional Office

    525 Griffin Street, Room 858, Dallas, Texas 75202

    San Francisco Regional Office

    90 Seventh Street Suite 2-600, San Francisco, California 94103

    PART 75--DEPARTMENT OF LABOR REVIEW AND CERTIFICATION PROCEDURES FOR RURAL INDUSTRIALIZATION LOAN AND GRANT PROGRAMS UNDER THE CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT

    0 23. The authority citation for 29 CFR part 75 continues to read as follows:

    Authority: Sec. 118, Pub. L. 92-419, 86 Stat. 663 (7 U.S.C. 1932).

    Sec. 75.1 [Amended]

    0 24. In Sec. 75.1(a), add the word ``(USDA)'' after the words ``U.S. Department of Agriculture''; and, in paragraph (c) remove the words ``, with the objective of complying with the intent of Congress that most applications will be acted upon''.

    Sec. 75.11 [Amended]

    0 25. Amend Sec. 75.11 as follows: 0 a. In paragraphs (a)(1)(ii), (a)(1)(iii), (a)(2), (b)(1)(ii), and (b)(1)(iii), remove the word ``FHA'' and add, in its place, the word ``RD''; 0 b. In paragraph (b)(2) remove the words ``State Employment Security Agencies'' and add, in their place, the words ``State workforce agencies''; and 0 c. In paragraph (b)(1)(iv) remove the word ``reports'' and add, in its place, the word ``Reports''.

    Sec. Sec. 75.1, 75.11 [Amended]

    0 26. Amend Sec. Sec. 75.1, and 75.11 as follows: 0 a. In Sec. 75.1(b) and Sec. 75.11(a), remove the words ``Manpower Administration (MA)'' and add, in their place, the words ``Employment and Training Administration (ETA)''. 0 b. In Sec. 75.1(a) and Sec. 75.11(b)(3), remove the words ``Farmers Home Administration'' and add, in their place, the words ``Rural Development Administration''. 0 c. In Sec. 75.1(c) in two places and in Sec. 75.11(b)(6), remove the words ``the Department of Agriculture'' and add, in their place, the word ``USDA''. 0 d. In Sec. 75.1(b), (c), and Sec. 75.11, (b)(2) and (b)(5), remove the number ``60'' and add, in its place, the number ``30''. 0 e. In Sec. 75.1(a) in two places, and Sec. 75.11(a)(1), (a)(2) in three places, (a)(3) in two places, (a)(4), (b)(1) introductory text, (b)(1)(iv), (b)(2), and (b)(5) in two places, remove the word ``FmHA'' and add, in its place, the word ``RDA''. 0 f. In Sec. 75.11(a)(1) introductory text, (a)(1)(iii), (a)(2), (a)(3) in three places, (a)(4), (b)(1) introductory text in two places, (b)(1)(iv), (b)(2) in four places, (b)(3), (b)(4), and (b)(5), remove the word ``MA'' and add, in its place, the word ``ETA''.

    PART 90--CERTIFICATION OF ELIGIBILITY TO APPLY FOR WORKER ADJUSTMENT ASSISTANCE

    0 27. The authority citation for 29 CFR part 90 continues to read as follows:

    Authority: 19 U.S.C 2320; Secretary's Order No. 3-2007, 72 FR 15907.

    Sec. 90.2 [Amended]

    0 28. In Sec. 90.2, remove the definition of ``Deputy Director''.

    Sec. Sec. 90.2, 90.11, 90.18, 90.31 [Amended]

    0 29. Remove the words ``601 D Street, NW., Washington, DC 20213, and add, in their place, the words ``200 Constitution Avenue, NW., Washington DC 20210'' in the following places:

    [[Page 37104]]

    0 a. Section 90.2; 0 b. Section 90.11(c); 0 c. Section 90.18(a); and 0 d. Section 90.31(a).

    Sec. Sec. 90.2, 90.11, 90.12, 90.17, 90.18, 90.21, 90.31, 90.32, 90.33 [Amended]

    0 30. Remove the words ``Office of Trade Adjustment Assistance'', and add, in their place, the words, ``Division of Trade Adjustment Assistance'' in the following places: 0 a. Section 90.2 in four places; 0 b. Section 90.11(c); 0 c. Section 90.12; 0 d. Section 90.17(a); 0 e. Section 90.18(a) 0 f. Section 90.21(a); 0 g. Section 90.31(a) in two places and in (b); 0 h. Section 90.32(a); and 0 i. Section 90.33(c).

    Sec. Sec. 90.13, 90.14, 90.19 [Amended]

    0 31. In Sec. 90.13(a)(2), (d), Sec. 90.14 (a), (b), (d), and Sec. 90.19(c), remove the words ``or Deputy Director''.

    Sec. 90.11 [Amended]

    0 32. In Sec. 90.11(c), remove the words ``State Employment Security Agency'' and add, in their place, the words ``State workforce agency''.

    Sec. 90.34 [Amended]

    0 33. In Sec. 90.34, remove the words ``State Employment Security Agencies'' and add, in their place, the words ``State workforce agencies''.

    Sec. 90.35 [Removed and reserved]

    0 34. Remove and reserve Sec. 90.35.

    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

    0 35. The authority citation for 29 CFR part 95 is revised to read as follows:

    Authority: 5 U.S.C. 301; OMB Circular A-110, as amended, as codified at 2 CFR part 215.

    Sec. 95.2 [Amended]

    0 36. In Sec. 95.2(ii), remove the words ``small purchase threshold'' and add, in their place, the words ``simplified acquisition threshold'', and remove the words ``currently $25,000'' and add, in their place, the words ``currently $100,000, subject to adjustment for inflation''.

    Sec. Sec. 95.25, 95.27 [Amended]

    0 37. In Sec. 95.25(c)(6) and Sec. 95.27, remove the words ``Circular A-21,'' and add, in their place, the words ``Circular A-21 (codified at 2 CFR part 220),'' and remove the words ``Circular A-122,'' and add, in their place, the words ``Circular A-122 (codified at 2 CFR part 230),''.

    Sec. 95.27 [Amended]

    0 38. In Sec. 95.27, remove the words ``Circular A-87'', and add, in their place, the words ``Circular A-87 (codified at 2 CFR part 225),''.

    0 39. Revise Sec. 95.28 to read as follows:

    Sec. 95.28 Period of availability of funds.

    (a) Where a funding period is specified, a recipient may charge to the grant only allowable costs resulting from obligations incurred during the funding period and any pre-award costs authorized by DOL.

    (b) Where an expenditure period is specified, a grantee may charge to the award only the accrued expenditures incurred during the expenditure period.

    Sec. 95.44 [Amended]

    0 40. Amend Sec. 95.44 as follows: 0 a. In paragraph (b)(5), remove the words ``and Minority Affairs'' and add, in their place, the word ``Programs''; 0 b. In paragraphs (e)(2), (e)(3), (e)(4) and (e)(5), remove the words ``small purchase threshold'' and add, in their place, the words ``simplified acquisition threshold''; and 0 c. In paragraph (e)(2), remove ``$25,000'' and add, in its place, ``$100,000, subject to adjustment for inflation''.

    Sec. Sec. 95.46, 95.48, Appendix A to Part 95 [Amended]

    0 41. In Sec. 95.46, Sec. 95.48(a), (b), and (d), and paragraph 8 of Appendix A to Part 95, remove the words ``small purchase threshold'' and add, in their place, the words ``simplified acquisition threshold''.

    Sec. 95.48, Appendix A to Part 95 [Amended]

    0 42. In Sec. 95.48(e) and the introductory text of Appendix A to Part 95, remove the words ``small purchases'' and add, in their place, the words ``simplified acquisitions''.

    Sec. 95.71 [Amended]

    0 43. In Sec. 95.71(b), add the words ``and/or accrued expenditures'' after the word ``obligations''.

    PART 96--AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER AGREEMENTS

    0 44. The authority citation for 29 CFR part 96 is revised to read as follows:

    Authority: 31 U.S.C. 7501 et seq. and OMB Circular No. A-133, as amended.

    Sec. 96.54 [Amended]

    0 45. In Sec. 96.54 introductory text, after the words ``fiscal year'', add the words ``or $500,000 for fiscal years ending after December 31, 2003''.

    Sec. 96.63 [Amended]

    0 46. Amend Sec. 96.63 as follows: 0 a. In paragraph (b)(4), remove the second reference to ``Secretary'' and add, in its place, the words ``Administrative Review Board (the Board)''; and, remove the fourth reference to ``Secretary'' and add, in its place, the word ``Board''; and 0 b. In paragraph (b)(5) heading, remove the words ``Review by the Secretary of Labor'' and add, in their place, the words ``Review by the Administrative Review Board''; and, remove the first reference in the text to ``Secretary'' and add, in its place, the words ``Administrative Review Board''.

    PART 97--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    0 47. The authority citation for 29 CFR part 97 continues to read as follows:

    Authority: 5 U.S.C. 301; OMB Circular A-102.

    Sec. 97.4 [Amended]

    0 48-49. Amend Sec. 97.4 as follows: 0 a. In paragraph (a)(3)(i), remove the words ``Aid to Needy Families with Dependent Children'' and add, in their place, the words ``Temporary Assistance for Needy Families''; and, 0 b. In paragraph (a)(10), remove the words ``Veterans Administration's'' and add, in their place, the words ``Department of Veterans Affairs'''.

    Sec. 97.22 [Amended]

    0 50. Revise Sec. 97.22(b) to read as follows:

    Sec. 97.22 Allowable costs.

    * * * * *

    (b) Applicable cost principles. For each kind of organization, there is a set of Federal principles for determining allowable costs. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. The following chart

    [[Page 37105]]

    lists the kinds of organizations and the applicable cost principles.

    For the costs of a--

    Use the principles in--

    State, local or Indian tribal

    OMB Circular A-87 (as codified government.

    at 2 CFR part 225). Private nonprofit organization other OMB Circular A-122 (as codified than an (1) institution of higher

    at 2 CFR part 230). education, (2) hospital, or (3) organization named in OMB Circular A- 122 (as codified at 2 CFR part 230) as not subject to that circular. Educational institutions............... OMB Circular A-21 (as codified at 2 CFR part 220). For-profit organization other than a 48 CFR part 31. Contract Cost hospital and an organization named in Principles and Procedures, or OMB Circular A-122 (as codified at 2 uniform cost accounting CFR part 230) as not subject to that standards that comply with circular.

    cost principles acceptable to the Federal agency.

    Sec. 97.26 [Amended]

    0 51. In Sec. 97.26(b), remove the words ``expends $300,000 or more (or other amount as specified by OMB)'' and add, in their place, the words ``expends $300,000 or more (or $500,000 or more for fiscal years ending after December 31, 2003 or such other amount as specified by OMB)'', and, in Sec. 97.26(b)(1) and (b)(2), remove the words ``Circular A- 110,'' and add, in their place, ``Circular A-110 (as codified at 2 CFR part 215),''.

    Sec. 97.36 [Amended]

    0 52. In Sec. 97.36(d)(1), remove the words ``set at $100,000'' and add, in their place, ``set at $100,000, subject to adjustment for inflation''.

    Sec. 97.42 [Amended]

    0 53. In Sec. 97.42(f), after the words ``apply to records'' insert the words ``owned and possessed by the grantee.''.

    PART 98--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

    0 54. The authority citation for 29 CFR part 98 continues to read as follows:

    Authority: 5 U.S.C. 301, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 NOTE); E.O. 11738, 3 CFR, 1973 Comp., p. 799; E.O. 12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p. 235.

    Sec. 98.530 [Amended]

    0 55. In Sec. 98.530(a), remove ``http://epls.arnet.gov'' and add, in its place, ``http://www.epls.gov'' and, in Sec. 98.530(b), remove

    ``(202) 783-3238'' and add, in its place, ``(202) 512-1800, or (866) 512-1800 (toll free)''.

    PART 99--AUDITS OF STATES, LOCAL GOVERNMENTS AND NON-PROFIT ORGANIZATIONS

    0 56. The authority citation for 29 CFR part 99 is revised to read as follows:

    Authority: Public Law 104-156, 110 Stat. 1396 (31 U.S.C. 7500 et seq.) and OMB Circular A-133, as amended.

    0 57. In Sec. 99.200(a) and (b), after the words ``Federal awards'', add the words ``(or $500,000 for fiscal years ending after December 31, 2003)'', and revise paragraph (d) to read as set forth below:

    Sec. 99.200 Audit requirements.

    * * * * *

    (d) Exemption when Federal awards expended are less than $300,000 (or $500,000 for fiscal years ending after December 31, 2003). Non- Federal entities that expend less than $300,000 a year in Federal awards (or $500,000 for fiscal years ending after December 31, 2003) are exempt from Federal audit requirements for that year, except as noted in Sec. 99.215(a), but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). * * * * *

    Sec. 99.230 [Amended]

    0 58. In Sec. 99.230(b)(2), after the words ``Federal awards expended are less than $300,000 per year'', add the words ``(or $500,000 for fiscal years ending after December 31, 2003)''.

    0 59. Revise Sec. 99.305(a) to read as follows:

    Sec. 99.305 Auditor selection.

    (a) Auditor procurement. In procuring audit services, auditees shall follow the procurement standards prescribed by OMB Circular A- 102, ``Grants and Cooperative Agreements with State and Local Governments;'' 29 CFR part 97, ``Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments;'' OMB Circular A-110, ``Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations;'' (codified at 2 CFR part 215); or the FAR (48 CFR part 42), as applicable. (OMB Circulars are available on- line at http://www.whitehouse.gov/omb/circulars/index.html.) Whenever

    possible, auditees shall make positive efforts to utilize small businesses, minority-owned firms, and women's business enterprises, in procuring audit services as stated in OMB Circular A-102, OMB Circular A-110 (2 CFR part 215), or the FAR (48 CFR part 42), as applicable. In requesting proposals for audit services, the objectives and scope of the audit should be made clear. Factors to be considered in evaluating each proposal for audit services include the responsiveness to the request for proposal, relevant experience, availability of staff with professional qualifications and technical abilities, the results of external quality control reviews, and price. * * * * *

    Sec. Sec. 99.400, 99.520 [Amended]

    0 60. In Sec. 99.400(d)(4) and Sec. 99.520(b)(1)(i) and (d)(2)(ii), after the number ``$300,000'', add the words ``(or $500,000 for fiscal years ending after December 31, 2003)''.

    Dated: June 27, 2007. Susan Howe, Deputy Assistant Secretary for Policy.

    [FR Doc. E7-12765 Filed 7-6-07; 8:45 am]

    BILLING CODE 4510-23-P

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