Page images
PDF
EPUB

plied with or such authorization accepted or otherwise acted upon, unless otherwise specified in the order.

8590.402 Conditional orders.

The Assistant Secretary may issue a conditional order at any time during a proceeding prior to issuance of a final opinion and order. The conditional order shall include the basis for not issuing a final opinion and order at that time and a statement of findings and conclusions. The findings and conclusions shall be based solely on the official record of the proceeding.

was

$ 590.403 Emergency interim orders.

Where consistent with the public interest, the Assistant Secretary may waive further procedures and issue an emergency interim order authorizing the import or export of natural gas. After issuance of the emergency interim order, the proceeding shall be continued until the record is complete, at which time a final opinion and order shall be issued. The Assistant Secretary may attach necessary or appropriate terms and conditions to the emergency interim order to ensure that the authorized action will be consistent with the public interest.

8590.407 Reports of changes.

Any person authorized to import or export natural gas has a continuing obligation to give the Assistant Secretary written notification, as soon as practicable, of any prospective or actual changes to the information submitted during the application process upon which the authorization based, including, but not limited to, changes to: The parties involved in the import or export arrangement, the terms and conditions of any applicable contracts, the place of entry or exit, the transporters, the volumes accepted or offered, or the import or export price. Any notification filed under this section shall contain the FE docket number(s) to which it relates. Compliance with this section does not relieve an importer or exporter from responsibility to file the appropriate application to amend a previous import or export authorization under this part whenever such changes are contrary to or otherwise not permitted by the existing authorization.

Subpart E-Applications for

Rehearing

8590.404 Final opinions and orders.

The Assistant Secretary shall issue a final opinion and order and attach such conditions thereto as may be required by the public interest after completion and review of the record. The final opinion and order shall be based solely on the official record of the proceeding and include a statement of findings and conclusions, as well as the reasons or basis for them, and the appropriate order, condition, sanction, relief or denial.

$590.405 Transferability.

Authorizations by the Assistant Secretary to import or export natural gas shall not be transferable or assignable, unless specifically authorized by the Assistant Secretary.

8590.501 Filing.

(a) An application for rehearing of a final opinion and order, conditional order, or emergency interim order may be filed by any party aggrieved by the issuance of such opinion and order within thirty (30) days after issuance. The application shall be served on all parties.

(b) The application shall state concisely the alleged errors in the final opinion and order, conditional order, or emergency interim order and must set forth specifically the ground or grounds upon which the application is based. If an order is sought to be vacated, reversed, or modified by reason of matters that have arisen since the issuance of the final opinion and order, conditional order, or emergency interim order, the matters relied upon shall be set forth with specificity in the application. The application shall

8590.406 Compliance with orders.

Any person required or authorized to take any action by a final opinion and order of the Assistant Secretary shall file with FE, within thirty (30) days after the requirement or authorization becomes effective, a notice, under oath, that such requirement has been com

[blocks in formation]

SUBCHAPTER H-ASSISTANCE REGULATIONS

PADT AOL FINANCIAL ASSISTANCE

RULES

Termination and Enforcement 600.160 Purpose of termination and enforce

ment. 600.161 Termination. 600.162 Enforcement.

AFTER-THE-AWARD REQUIREMENTS 600.170 Purpose. 600.171 Closeout procedures. 600.172 Subsequent adjustments and continu

ing responsibilities. 600.173 Collection of amounts due.

ADDITIONAL PROVISIONS 600.180 Purpose. 600.181 Special provisions for Small Business

Innovation Research Grants. Appendir A to Subpart B of Part 600_CON

TRACT PROVISIONS

Reports, Records Retention, and Enforcement 600.240 Monitoring and reporting program

performance. 600.241 Financial reporting. 600.242 Retention and access requirements

for records. 600.243 Enforcement. 600.244 Termination for convenience.

After-the-Grant Requirements 600.250 Closeout. 600.251 Later disallowances and adjust

ments. 600.252 Collection of amounts due.

Entitlements (Reserved] Subpart D-Cooperative Agreements 600.300 Scope and applicability. 600.301 Definitions. 600.302 Selection of cooperative agreement

as financial assistance instrument. 600.303 Application budgetary information. 600.304 Instrument conversion. 600.305 Application, funding, and adminis

trative requirements. 600.306 Cost sharing. 600.307 Patents, data, and copyrights.

Subpart C-Uniform Administrative Re

quirements for Grants and cooperative Agreements to State and Local Governments

Subpart E-Audits of State and Local

Governments

GENERAL 600.200 Purpose and scope of this subpart. 600.201 Scope of 49 600.200 through 600.205. 600.202 Definitions. 600.203 Applicability. 600.204 Effect on other issuances. 600.205 Additions and Exceptions.

PRE-AWARD REQUIREMENTS 600.210 Forms for applying for grants. 600.211 State plans. 600.212 Special grant or subgrant conditions

for “high risk" recipients.

POST-AWARD REQUIREMENTS

Financial Administration 600.220 Standards for financial management

systems. 600.221 Payment. 600.222 Allowable costs. 600.223 Period of availability of funds. 600.224 Matching or cost sharing. 600.225 Program income. 600.226 Non-Federal audit.

Changes, Property, and Subawards 600.230 Changes. 600.231 Real property. 600.232 Equipment. 600.233 Supplies. 600.234 Copyrights. 600.235 Subawards to debarred and sus

pended parties. 600.236 Procurement. 600.237 Subgrants.

600.400 Scope and applicability. 600.401 Definitions. 600.402 Policy. 600.403 Scope of audit. 600.404 Frequency of audit. 600.405 Internal control and compliance re

views 600.406 Subrecipients. 600.407 Relation to other audit require

ments. 600.408 Cognizant agency responsibilities. 600.409 Ilegal acts or irregularities. 600.410 Audit reports. 600.411 Audit resolution. 600.412 Audit workpapers and reports. 600.413 Audit costs. 600.414 Sanctions. 600.415 Auditor selection. 600.416 Small and minority audit firms. 600.417 Reporting. Subpart 7-Eligibility Determination for Cer

tain Financial Assistance ProgramsGeneral Statement of Policy

600.500 Purpose and scope. 600.501 Definitions. 600.502 What must DOE determine. 600.503 Determining the economic interest

of the United States. 600.504 Information an applicant must sub

mit. 600.505 Other information DOE may con

sider.

APPENDIX A TO PART 600–GENERALLY APPLI

CABLE REQUIREMENTS APPENDIX B TO PART 600 AUDIT REPORT

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

Subpart A--General

SOURCE: 47 FR 44083, Oct. 5, 1982, unless otherwise noted.

EDITORIAL NOTE: Nomenclature changes to this part appear at 53 FR 5261, Feb. 22, 1988.

8600.1 Purpose and scope.

The purposes of this part are to implement the Federal Grant and Cooperative Agreement Act, Public Law 97258 (31 U.S.C. 6301–6308), and to establish uniform policies and procedures for the award and administration of DOE grants and cooperative agreements. This subpart (subpart A) sets forth the policies and procedures applicable to both grants and cooperative agreements. $ 600.2 Applicability.

(a) Except as otherwise provided by Federal statute or program rule, this part applies to any unsolicited application received and any solicitation issued on or after the effective date of this part, and to any new, continuation, or renewal award (and any subsequent subaward) with a beginning date on or after the effective date of this part.

(b) Any new, continuation, or newal award (and any subsequent subaward) shall comply with any applicable requirement of a Federal statute or a Federal rule if the award is made on or after the effective date of the applicable statutory or regulatory requirement. Unless otherwise specified by DOE, any new, continuation, or renewal award (and any subsequent subaward) shall comply with any applicable Office of Management and Budget (OMB) Circular

governmentwide guidance in effect as of the date of such award.

(c) A financial assistance recipient performing research, development, or related activities involving the use of human subjects shall comply with DOE regulations in 10 CFR part 745 “Protection of Human Subjects” and any addi

tional provisions which may be included in the Special Terms and Conditions of the award.

(d) The disputes and appeals procedures set forth in $ 600.26 shall apply to any new, continuation or renewal award made after the effective date of this paragraph, and to any active, expired, terminated, or closed-out grant or cooperative agreement provided, however, a final determination (see, $ 600.26(a)) in any dispute is issued on or after the effective date of this paragraph. If requested in writing by the appellant or appellants, the Financial Assistance Appeals Board shall have jurisdiction, as provided in $600.26(d), to decide an appeal from a final determination issued not more than 90 days before the effective date of this paragraph.

(e) The provisions of the Single Audit Act of 1984 (Pub. L. 98-502) and OMB Circular A-128, as implemented in subpart D of this part, apply to fiscal years of State governments, local governments, or Indian tribes that begin after December 31, 1984.

(f) Financial assistance to foreign governments shall be governed by this part and the administrative requirements and cost principles applicable to State and local governments, to the extent appropriate. Foreign organizations shall likewise be covered by this part and the administrative requirements and cost principles applicable to their respective recipient type, to the extent appropriate. Any deviation from the requirements of this part and the applicable OMB circulars with respect to a foreign entity(ies) is not a deviation requiring approval in accordance with the procedures of $ 600.4 of this part.

(8) OMB Circulars. (1) The following OMB Circulars apply as provided in paragraphs (a) and (b) of this section and the sections of this part where specific reference to any of the material is made:

(i) OMB Circular A-110, Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations (41 FR 32016, July 30, 1976, as amended by 58 FR 62992, Nov. 29, 1993).

(ii) OMB Circular A-21, Cost Principles Applicable to Grants, Contracts

re

or

« PreviousContinue »