[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR600.4]

[Page 85]
 
                            TITLE 10--ENERGY
 
              CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED)
 
PART 600--FINANCIAL ASSISTANCE RULES--Table of Contents
 
                           Subpart A--General
 
Sec. 600.4  Deviations.

    (a) General. (1) A deviation is the use of any policy, procedure, 
form, standard, term, or condition which varies from a requirement of 
this part, or the waiver of any such requirement, unless such use or 
waiver is authorized or precluded by Federal statute. The use of 
optional or discretionary provisions of this part, including special 
restrictive conditions used in accordance with Secs. 600.114 and 
600.212, are not deviations. Awards to foreign entities and the waiver 
of the cost sharing requirements in Sec. 600.30 or the patent 
requirements of Sec. 600.27 are not subject to this section.
    (2) A single-case deviation is a deviation which applies to one 
financial assistance transaction and one applicant, recipient, or 
subrecipient only.
    (3) A class deviation is a deviation which applies to more than one 
financial assistance transaction, applicant, recipient, or subrecipient.
    (b) The DOE officials specified in paragraph (c) of this section may 
authorize a deviation only upon a written determination that the 
deviation is--
    (1) Necessary to achieve program objectives;
    (2) Necessary to conserve public funds;
    (3) Otherwise essential to the public interest; or
    (4) Necessary to achieve equity.
    (c) Approval procedures. (1) A deviation request must be in writing 
and must be submitted to the responsible DOE Contracting Officer. An 
applicant for a subaward or a subrecipient shall submit any such request 
through the recipient.
    (2) Except as provided in paragraph (c)(3) of this section--
    (i) A single-case deviation may be authorized by the responsible 
HCA. Any proposed single-case deviation from the requirements of 
Sec. 600.27 concerning patents or data shall be referred to the DOE 
Patent Counsel for review and concurrence prior to submission to the 
HCA.
    (ii) A class deviation may be authorized by the Director, 
Procurement and Assistance Management or designee. Any proposed class 
deviation from the requirements of Sec. 600.27 concerning patents or 
data shall be forwarded through the Assistant General Counsel for 
Technology Transfer and Intellectual Property or designee.
    (3) Whenever the approval of OMB, other Federal agency, or other DOE 
office is required to authorize a deviation, the proposed deviation must 
be submitted to the Director, Procurement and Assistance Management or 
designee for concurrence prior to submission to the authorizing 
official.
    (d) Notice. Whenever a request for a class deviation is approved, 
DOE shall publish a notice in the Federal Register at least 15 days 
before the class deviation becomes effective. Whenever a class deviation 
is contained in a proposed program rule, the preamble to the proposed 
rule shall describe the purpose and scope of the deviation.
    (e) Subawards. A recipient may use a deviation in a subaward only 
with the prior written approval of a DOE Contracting Officer.

[61 FR 7166, Feb. 26, 1996, as amended at 64 FR 56420, Oct. 20, 1999]