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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.


$ 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


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

also comply with the filing requirements of $590.103.

8590.502 Application is not a stay.

The filing of an application for rehearing does not operate as a stay of the Assistant Secretary's order, unless specifically ordered by the Assistant Secretary.

8590.504 Denial by operation of law.

Unless the Assistant Secretary acts upon the application for rehearing within thirty (30) days after it is filed, it is deemed to be denied. Such denial shall constitute final agency action for the purpose of judicial review. 8590.505 Answers to applications for

rehearing. No answers to applications for rehearing shall be entertained. Prior to the issuance of any final opinion and order on rehearing, however, the Assistant Secretary may afford the parties an opportunity to file briefs or answers and may order that a conference, oral presentation, or trial-type hearing be held on some or all of the issues presented by an application for rehearing.

8590.503 Opinion and order on rehear.

ing. Upon application for rehearing, the Assistant Secretary may grant or deny rehearing or may abrogate or modify the final opinion and order, conditional order, or emergency interim order with or without further proceedings.



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

Subpart E-Audits of State and Local


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.


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 Illegal acts or irregularities. 600.410 Audit reports. 600.411 Audit resolution. 600.412 Audit work papers and reports. 600.413 Audit costs. 600.414 Sanctions. 600.415 Auditor selection. 600.416 Small and minority audit firms. 600.417 Reporting. Subpart F-Eligibility Determination for Cer

tain Financial Assistance Programs

General 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




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



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