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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations
Prohibition on certain telecommunication and video surveillance services or equipment, which prohibits Federal award recipients from using loan or grant funds to enter into contracts with entities that use covered telecommunications equipment or services.

I. Section 300 Uniform Guidance New Requirement for Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
G. Section 207a Standard Award Terms and Conditions That Always Apply to For-Profit Entities In 1402.207a12, DOI adds all applicable Executive orders, which applies to all current directives that may impact for-profit entities as well as any future directives. This amendment aligns DOIs regulations with OMBs regulatory guidance in 2 CFR part 200
to support domestic preferences encouraging Federal award recipients, to the extent permitted by law, to maximize the use of goods, products, and materials produced in the United States when procuring goods and services under Federal awards. OMBs guidance included domestic policy directives as expressed in Executive Order 13788 of April 18, 2017 Buy American and Hire American and Executive Order 13858 of January 21, 2019 Executive Order on Strengthening Buy American Preferences for Infrastructure Projects, which superseded Executive Order 14005
Ensuring the Future Is Made in all of America by all of Americas Workers.
This revision in DOIs regulations will reflect the current OMB guidance and also apply to any future directives issued.

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H. Section 300 Uniform Guidance New Requirement for Never Contract With the Enemy In 1402.300, DOI adds the new requirement for Never Contract with the Enemy. This revision reflects OMBs changes made to 2 CFR part 200 on August 13, 2020. The Office of Management and Budget OMB added 2 CFR part 183, which contains a new requirement to Never Contract with the Enemy, which applies only to grants and cooperative agreements that exceed $50,000 and are performed outside the United States. In addition, this includes U.S. territories, to a person or entity that is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

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In 1402.300, DOI adds the new requirement for Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
This revision reflects amendments made to 2 CFR part 200 that became effective on August 13, 2020. In addition, OMB
added a new section, 2 CFR 200.216, Prohibition on certain telecommunication and video surveillance services or equipment, which prohibits Federal award recipients from using loan or grant funds to enter into contracts with entities that use covered telecommunications equipment or services.
J. Section 300e Award Requirements for Foreign Entities In 1402.300e6, DOI removes Public Law 113235 128 Stat. 2391, Dec. 16, 2014 and adds 48 CFR
3.9092a. This revision changes the citation from the Public Law to the CFR
now that this law has been codified in the CFR.
III. Required Determinations A. Regulatory Planning and Review Executive Orders 12866 and 13563
Executive Order E.O. 12866 provides that the OMBs Office of Information and Regulatory Affairs will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant. DOI is publishing this final rule to align its regulations with new regulatory citations and requirements adopted by OMB.
Executive Order 13563 reaffirms the principles of E.O. 12866, calling for improvements in the nations regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory objectives.
E.O. 13563 directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public, where these approaches are relevant, feasible, and consistent with regulatory objectives.
E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this final rule in a manner consistent with these requirements.

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B. Regulatory Flexibility Act The Regulatory Flexibility Act RFA
5 U.S.C. 601612 applies to rules that are subject to notice and comment under section 553b of the APA. The rule will not have a significant economic effect on a substantial number of small entities. The Department of the Interior generally does not award grants to small businesses. The vast majority of Interior grants are awarded to States, local governments, and not-for-profit organizations.
C. Small Business Regulatory Enforcement Fairness Act This final rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act 5 U.S.C.
8042. This rule:
a Does not have an annual effect on the economy of $100 million or more.
b Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions.
c Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.
This rule establishes regulations for DOI financial assistance. These changes wouldnt cause a significant impact. It will not affect business relationships, employment, investment, productivity, innovations, or the ability of U.S.-based enterprises to compete internationally.
D. Unfunded Mandates Reform Act This final rule does not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year. The final rule does not have a significant or unique effect on State, local, or Tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates Reform Act 2 U.S.C. 1531 et seq. is not required.
E. Takings E.O. 12630
Under the criteria in section 2 of E.O.
12630, this rule does not have significant takings implications. It does not impose any obligations on the public that would result in a taking. A
takings implication assessment is not required.
F. Federalism E.O. 13132
Under the criteria in section 1 of E.O.
13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. This is because it would not substantially and directly
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