[Federal Register: September 27, 1996 (Volume 61, Number 189)] [Rules and Regulations] [Page 50712-50713] From the Federal Register Online via GPO Access [wais.access.gpo.gov] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION 34 CFR Parts 74 and 80 Education Department's General Administrative Regulations; Cost Principles for Educational Institutions and Audits of Institutions of Higher Education and Other Non-Profit Institutions AGENCY: Department of Education. ACTION: Applicability of revised OMB circulars. ----------------------------------------------------------------------- SUMMARY: The Secretary announces the applicability of revised Office of Management and Budget (OMB) Circular A-21, ``Cost Principles for Educational Institutions,'' as revised by OMB in the Federal Register of May 8, 1996 (61 FR 20880) and Circular A-133, ``Audits of Institutions of Higher Education and Other Non-Profit Institutions,'' revised by OMB in the Federal Register of April 30, 1996 (61 FR 19134). DATES: The revised circulars are applicable for new and continuation grants and subgrants awarded on or after October 1, 1996. FOR FURTHER INFORMATION CONTACT: Kevin Taylor, U.S. Department of Education, 600 Independence Avenue, SW., room 3636, ROB-3, Washington [[Page 50713]] DC 20202-4248. Telephone: (202) 708-8558. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. SUPPLEMENTARY INFORMATION: On July 6, 1994 (59 FR 34722), the Secretary published a revision to Part 74-- Administration of Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations. Also, on March 11, 1988 (53 FR 8071), the Secretary published a new Part 80-- Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. These documents established OMB Circular A-21 as the cost principles used by the Department of Education for educational institutions (34 CFR 74.27, 80.22). After publishing proposed revisions on February 6, 1995 (60 FR 7104), OMB published amendments to Circular A-21 on May 8, 1996 (61 FR 20880). This notice adopts for 34 CFR Parts 74 and 80 the changes made by OMB on that date. The changes adopted in this announcement bind all recipients of Department grants and cooperative agreements to the requirements of Circular A-21 as amended through May 8, 1996. These cost principles apply to educational institutions, except to the extent program regulations or the Department's administrative regulations require a different outcome. OMB Circular A-21 was originally published in the Federal Register on March 6, 1979 (44 FR 12368). It has been amended several times prior to the amendment made on May 8, 1996, as follows: on August 3, 1982 (47 FR 33658), on June 9, 1986 (51 FR 20908), on December 2, 1986 (51 FR 43487), on October 3, 1991 (56 FR 50224), and on July 26, 1993 (58 FR 39996). On January 16, 1991, the Secretary published amendments to 34 CFR Parts 74 and 80 to adopt OMB Circular A-133, ``Audits of Institutions of Higher Education and Other Nonprofit Organizations,'' as published in the Federal Register on March 16, 1990 (55 FR 10019). After publishing proposed revisions on March 17, 1995 (60 FR 14594), OMB published in the Federal Register on April 30, 1996 (61 FR 19134), a revised Circular A-133. OMB Circular A-133 establishes a uniform system of auditing for institutions of higher education and other non-profit organizations. There have been no major revisions to this Circular until now. The Circular, as amended April 30, 1996, is adopted by the Department. OMB Circular A-133 is cited in Sections 74.26 and 80.26 of the Education Department General Administrative Regulations. Both circulars are available by calling OMB's Publication Office at (202) 395-7332, or they can be obtained in electronic form on the OMB Home Page at (http://www.whitehouse.gov). Waiver of Notice and Comment It is the practice of the Secretary to offer interested parties the opportunity to comment on proposed actions in accordance with the Administrative Procedure Act (5 U.S.C. 553). However, since OMB previously provided the public an opportunity for comment on the revision of Circulars A-21 and A-133, the Secretary finds that soliciting further public comment with respect to adopting the revised circulars is unnecessary and contrary to the public interest under 5 U.S.C. 553(b)(B). For the same reasons, the Secretary waives delayed effective date under 5 U.S.C. 553(d). (Catalog of Federal Domestic Assistance Number does not apply.) Mitchell L. Laine, Acting Chief Financial Officer. [FR Doc. 96-24725 Filed 9-26-96; 8:45 am] BILLING CODE 4000-01-P