Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Updating References, 43320-43323 [2015-17416]
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Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations
29. In supplement No. 1 to part 774,
ECCN 2E994 is amended by revising the
‘‘Control(s)’’ paragraph to read as
follows:
■
2E994 ‘‘Technology’’ for the ‘‘use’’ of
portable electric generators controlled by
2A994.
License Requirements
*
*
*
*
*
Control(s): AT applies to entire entry. A
license is required for items
controlled by this entry to Iran and
North Korea for anti-terrorism
reasons. The Commerce Country
Chart is not designed to determine
licensing requirements for this entry.
See part 746 of the EAR for additional
information on Iran. See § 742.19 of
the EAR for additional information on
North Korea.
*
*
*
*
*
ECCN 4A001—[Amended]
30. In supplement No. 1 to part 774,
ECCN 4A003 is amended by adding the
phrase ‘‘or E:2’’ immediately following
the phrase ‘‘Country Group E:1’’ in the
note that immediately follows the
License Requirements table.
■
Dated: July 17, 2015.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
the accuracy of the regulations. This
document confirms the effective date of
the direct final rule.
DATES: Effective date of the final rule
published in the Federal Register of
April 13, 2015 (80 FR 19530),
confirmed: August 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Scott Gonzalez, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 4641, Silver Spring,
MD 20993–0002, 301–796–5889.
SUPPLEMENTARY INFORMATION: In the
Federal Register of April 13, 2015 (80
FR 19530), FDA solicited comments
concerning the direct final rule for a 75day period ending June 29, 2015. We
stated that the effective date of the
direct final rule would be on August 26,
2015, 30 days after the end of the
comment period, unless FDA received
any significant adverse comment during
the comment period. FDA did not
receive any significant adverse
comments.
Authority: 21 U.S.C. 351, 352, 360e–360j,
360hh–360ss, 371, 381. Accordingly, the
amendment issued thereby is effective.
Dated: July 16, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015–17930 Filed 7–21–15; 8:45 am]
BILLING CODE 4164–01–P
[FR Doc. 2015–17981 Filed 7–21–15; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF VETERANS
AFFAIRS
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
38 CFR Parts 17, 39, 48, 49, 51, 52, 53,
59, 61, 62, and 64
Food and Drug Administration
RIN 2900–AP22
21 CFR Part 1020
[Docket No. FDA–2015–N–0828]
Performance Standards for Ionizing
Radiation Emitting Products;
Fluoroscopic Equipment; Correction;
Confirmation of Effective Date
Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards;
Updating References
AGENCY:
AGENCY:
Food and Drug Administration,
HHS.
Direct final rule; confirmation of
effective date.
ACTION:
The Food and Drug
Administration (FDA or we) is
confirming the effective date of August
26, 2015, for the direct final rule that
appeared in the Federal Register of
April 13, 2015. The direct final rule
amends a Federal performance standard
for ionizing radiation to correct a
drafting error regarding fluoroscopic
equipment measurement. We are taking
this action to ensure clarity and improve
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SUMMARY:
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ACTION:
Department of Veterans Affairs.
Final rule.
The Department of Veterans
Affairs (VA) is amending its regulations
with updated citations and references to
Office of Management and Budget
(OMB) authorities for Federal grant
programs. OMB has issued final
guidance, located in Title 2 of the Code
of Federal Regulations (CFR), which
streamlines and supersedes
requirements previously found in
various OMB Circulars. VA has adopted
OMB’s guidance, and this rule replaces
the obsolete OMB references in VA’s
regulations.
SUMMARY:
This final rule is effective July
22, 2015.
DATES:
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FOR FURTHER INFORMATION CONTACT:
Brian McCarthy, Office of Regulatory
and Administrative Affairs (10B4),
Veterans Health Administration,
Department of Veterans Affairs, 810
Vermont Ave. NW., Washington, DC
20420, (202) 461–6345. (This is not a
toll-free telephone number.)
SUPPLEMENTARY INFORMATION: The Office
of Management and Budget (OMB) is
streamlining the Federal government’s
guidance on Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal awards.
In a document published in the Federal
Register on December 26, 2013 (78 FR
78590), OMB adopted final guidance,
Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards
(Uniform Guidance), that supersedes
and streamlines requirements from
OMB Circulars A–21, A–87, A–110, and
A–122 (which have been placed in OMB
guidances); Circulars A–89, A–102, and
A–133; and the guidance in Circular
A–50 on Single Audit Act follow-up.
The final guidance is located in title 2
of the Code of Federal Regulations
(CFR).
On December 19, 2014, OMB
published a joint interim final rule in
the Federal Register (79 FR 75871).
OMB made technical corrections to the
Uniform Guidance, and Federal
awarding agencies, including VA,
implemented the guidance in their
respective chapters of title 2 of the CFR.
VA amended title 2 of the CFR to add
part 802. Section 802.101 of title 2 CFR
now provides, ‘‘The Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards set forth in 2 CFR part
200 shall apply to the Department of
Veterans Affairs.’’ VA also removed
parts 41 and 43 from title 38 CFR. Those
parts codified OMB Circulars that were
superseded by the Uniform Guidance.
Because of these changes, existing
references in VA’s regulations to the
superseded OMB guidance documents
and to parts 41 and 43 are obsolete.
Accordingly, we are amending various
VA regulations located in 38 CFR parts
17, 39, 48, 51, 52, 53, 59, 61, 62, and 64
to replace the obsolete references with
references to the current authority. For
the same reason, we are removing part
49 of title 38 CFR, which codified OMB
Circular A–110, and amending VA’s
regulations referencing part 49 to
reference 2 CFR part 200 instead.
Administrative Procedure Act
The Secretary of Veterans Affairs
finds there is good cause under the
provisions of 5 U.S.C. 553(b)(B) and
(d)(3) to publish this rule without prior
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opportunity for public comment and
with an immediate effective date. This
rule does not amend the substantive
content of the regulations cited. We are
merely making technical revisions to
replace obsolete OMB references and
citations in existing VA regulations
because 2 CFR part 200, which VA is
adopting, supersedes OMB’s previous
guidance. We are also deleting existing
references to parts 41 and 43 of 38 CFR,
which were removed from 38 CFR by
the interim final rule published on
December 19, 2014 (79 FR 75871), and
removing part 49 of title 38 CFR and
existing references to part 49, which
codified OMB guidance that was
superseded by the Uniform Guidance.
Because these changes are merely
technical, advance notice and public
comment are unnecessary and we find
good cause to make these necessary
changes effective immediately upon
publication.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action,’’ which requires
review by OMB, unless OMB waives
such review, as ‘‘any regulatory action
that is likely to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities; (2) Create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; (3) Materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights and obligations of recipients
thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
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have been examined, and it has been
determined not to be a significant
regulatory action under Executive Order
12866. VA’s impact analysis can be
found as a supporting document at
https://www.regulations.gov, usually
within 48 hours after the rulemaking
document is published. Additionally, a
copy of the rulemaking and its impact
analysis are available on VA’s Web site
at https://www.va.gov/orpm/, by
following the link for ‘‘VA Regulations
Published From FY 2004 Through Fiscal
Year to Date.’’
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Robert L. Nabors II, Chief of Staff,
Department of Veterans Affairs,
approved this document on July 7, 2015,
for publication.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility Act
(5 U.S.C. 601–612) because the
amendments are merely technical in
nature. Therefore, pursuant to 5 U.S.C.
605(b), this final rule is exempt from the
final regulatory flexibility analysis
requirements of section 604.
38 CFR Part 17
Administrative practice and
procedure, Grant programs—health,
Grant programs—veterans, Health care,
Health facilities, Nursing homes,
Reporting and recordkeeping
requirements, Travel and transportation
expenses, Veterans.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This final rule will have no
such effect on State, local, and tribal
governments, or on the private sector.
38 CFR Part 48
Administrative practice and
procedure, Drug abuse, Grant programs,
Loan programs, Reporting and
recordkeeping requirements.
Paperwork Reduction Act
This final rule contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document are
64.005, Grants to States for Construction
of State Home Facilities; 64.024, VA
Homeless Providers Grant and Per Diem
Program; 64.026, Veterans State Adult
Day Health Care; 64.033, VA Supportive
Services for Veteran Families Program;
64.034, VA Assistance to United States
Paralympic Integrated Adaptive Sports
Program; 64.037, VA U.S. Paralympics
Monthly Assistance Allowance
Program; 64.038, Grants for the Rural
Veterans Coordination Pilot; 64.100,
Automobiles and Adaptive Equipment
for Certain Disabled Veterans and
Members of the Armed Forces; 64.201,
National Cemeteries; and 64.203, State
Cemetery Grants.
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List of Subjects
38 CFR Part 39
Cemeteries, Grant programs—
veterans, Veterans.
38 CFR Part 49
Uniform Administrative
Requirements for Grants and
Agreements.
38 CFR Parts 51 and 52
Administrative practice and
procedure, Day care, Grant programs—
health, Grant programs—veterans,
Health care, Health facilities, Nursing
homes, Reporting and recordkeeping
requirements, Veterans.
38 CFR Part 53
Administrative practice and
procedure, Grant programs—health,
Grant programs—veterans, Health care,
Health facilities, Health professions,
Nursing homes, Reporting and
recordkeeping requirements,
Scholarships and fellowships, Veterans.
38 CFR Part 59
Administrative practice and
procedure, Day care, Grant programs—
health, Grant programs—veterans,
Health care, Health facilities, Nursing
homes, Reporting and recordkeeping
requirements, Veterans.
38 CFR Part 61
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Drug abuse, Grant programs—health,
Grant programs—veterans, Health care,
Health facilities, Homeless, Mental
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health programs, Reporting and
recordkeeping requirements, Travel and
transportation expenses, Veterans.
38 CFR Part 62
Administrative practice and
procedure, Claims, Grant programs—
health, Grant programs—social services,
Grant programs—transportation, Grant
programs—veterans, Grants—housing
and community development, Heath
care, Homeless, Housing, Housing
assistance payments, Indian—lands,
Individuals with disabilities, Low and
moderate income housing, Manpower
training program, Medicare, Medicaid,
Public assistance programs, Public
housing, Relocation assistance, Rent
subsidies, Reporting and recordkeeping
requirements, Rural areas, Social
security, Supplemental security income
(SSI), Travel and transportation
expenses, Unemployment
compensation, Veterans.
38 CFR Part 64
Dated: July 13, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy
& Management, Office of the General Counsel,
Department of Veterans Affairs.
For the reasons set forth in the
preamble, VA amends 38 CFR parts 17,
39, 48, 49, 51, 52, 53, 59, 61, 62, and 64
as follows:
1. The authority citation for part 17
continues to read as follows:
■
Authority: 38 U.S.C. 501, and as noted in
specific sections.
[Amended]
2. Amend § 17.200 by removing
‘‘Single Audit Act of 1984 (part 41 of
this chapter).’’ and adding in its place
‘‘Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards under
2 CFR part 200.’’.
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3. Amend § 17.715 by revising
paragraph (b) to read as follows:
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Grant Agreements.
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(b) Additional requirements. Grantees
and identified subrecipients are subject
to the Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal Awards
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PART 39—AID FOR THE
ESTABLISHMENT, EXPANSION, AND
IMPROVEMENT, OR OPERATION AND
MAINTENANCE OF VETERANS
CEMETERIES
■
Subpart B—Establishment, Expansion,
and Improvement Projects
4. The authority citation for part 39
continues to read as follows:
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§ 48.605
[Amended]
11. Amend § 48.605(a)(2) by removing
‘‘the Governmentwide rule 38 CFR part
43 that implements OMB Circular A–
102 (for availability, see 5 CFR 1310.3)
and specifies uniform administrative
requirements.’’ and adding in its place
‘‘2 CFR part 200.’’.
PART 49—[REMOVED]
■
Authority: 25 U.S.C. 450b(1); 38 U.S.C.
101, 501, 2408, 2411, 3765.
§ 39.31
[Amended]
5. Amend § 39.31(c)(6) by removing
‘‘parts 180 and 801 and 38 CFR part 43’’
and adding in its place ‘‘parts 180, 200,
and 801’’.
■
§ 39.32
[Amended]
6. Amend § 39.32 introductory text by
removing ‘‘the provisions of Office of
Management and Budget (OMB)
Circular No. A–87.’’ and removing
‘‘OMB Circular No. A–102, Revised.’’
and adding in each place ‘‘2 CFR part
200.’’.
Subpart C—Operation and
Maintenance Projects
§ 39.81
[Amended]
7. Amend § 39.81(d)(2) by removing
‘‘parts 180 and 801 and 38 CFR part 43’’
and adding in its place ‘‘parts 180, 200,
and 801’’.
■
§ 39.82
[Amended]
Subpart D—Grant Recipient
Responsibilities, Inspections, and
Reports Following Project Completion
§ 39.122
12. Under the authority of 38 U.S.C.
501, remove part 49.
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PART 51—PER DIEM FOR NURSING
HOME CARE OF VETERANS IN STATE
HOMES
Subpart C—Per Diem Payments
13. The authority citation for part 51
continues to read as follows:
■
Authority: 38 U.S.C. 101, 501, 1710, 1720,
1741–1743, and as stated in specific sections.
§ 51.43
[Amended]
14. Amend § 51.43(e) by removing
‘‘the Office of Management and Budget
(OMB) Circular number A–87, dated
May 4, 1995, ‘‘Cost Principles for State,
Local, and Indian Tribal
Governments.’’ ’’ and adding in its place
‘‘2 CFR part 200.’’.
■
PART 52—PER DIEM FOR ADULT DAY
HEALTH CARE OF VETERANS IN
STATE HOMES
Subpart C—Per Diem Payments
15. The authority citation for part 52
continues to read as follows:
■
8. Amend § 39.82:
a. In paragraph (a)(2), by removing
‘‘the provisions of OMB Circular No. A–
87’’ and adding in its place ‘‘2 CFR part
200’’.
■ b. In paragraph (a)(3), by removing
‘‘OMB Circular No. A–102, Revised.’’
and adding in its place ‘‘2 CFR part
200.’’.
■
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PART 17—MEDICAL
§ 17.715
Authority: 41 U.S.C. 701, et seq.; 38 U.S.C
501.
■
Administrative practice and
procedure, Disability benefits, Claims,
Grant programs—health, Grant
programs—veterans, Health care, Health
records, Reporting and recordkeeping
requirements, Veterans.
§ 17.200
under 2 CFR part 200, and subject to 2
CFR parts 25 and 170, if applicable.
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[Amended]
Authority: 38 U.S.C. 101, 501, 1741–1743,
unless otherwise noted.
§ 52.40
[Amended]
16. Amend § 52.40(b) by removing
‘‘the Office of Management and Budget
(OMB) Circular number A–87, dated
May 4, 1995, ‘‘Cost Principles for State,
Local, and Indian Tribal Governments’’
(OMB Circulars are available at the
addresses in 5 CFR 1310.3).’’ and adding
in its place ‘‘2 CFR part 200.’’.
■
9. Amend § 39.122(a) by removing
‘‘(see Part 41 of this chapter)’’.
PART 48—GOVERNMENTWIDE
REQUIREMENTS FOR DRUG-FREE
WORKPLACE (FINANCIAL
ASSISTANCE)
PART 53—PAYMENTS TO STATES
FOR PROGRAMS TO PROMOTE THE
HIRING AND RETENTION OF NURSES
AT STATE VETERANS HOMES
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Subpart F—Definitions
§ 53.31
■
10. The authority citation for part 48
continues to read as follows:
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17. The authority citation for part 53
continues to read as follows:
Authority: 38 U.S.C. 101, 501, 1744.
[Amended]
18. Amend § 53.31(b) by removing
‘‘Single Audit Act of 1984 (see 38 CFR
■
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part 41)’’ and adding in its place
‘‘Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards under
2 CFR part 200’’.
PART 59—GRANTS TO STATES FOR
CONSTRUCTION OR ACQUISITION OF
STATE HOMES
19. The authority citation for part 59
continues to read as follows:
■
Authority: 38 U.S.C. 101, 501, 1710, 1742,
8105, 8131–8137.
§ 59.124
[Amended]
20. Amend § 59.124(a) by removing
‘‘Single Audit Act of 1984 (see part 41
of this chapter)’’ and adding in its place
‘‘Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards under
2 CFR part 200’’.
■
PART 61—VA HOMELESS PROVIDERS
GRANT AND PER DIEM PROGRAM
21. The authority citation for part 61
continues to read as follows:
■
Authority: 38 U.S.C. 501, 2001, 2002, 2011,
2012, 2061, 2064.
Subpart B—Capital Grants
§ 61.16
[Amended]
22. Amend § 61.16(a) by removing
‘‘OMB Circular A–122 as codified at 2
CFR part 230.’’ and adding in its place
‘‘the Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal Awards
under 2 CFR part 200.’’.
Subpart E—Technical Assistance
Grants
23. Amend § 61.50 by revising
paragraph (b)(3)(i) to read as follows:
■
§ 61.50 Technical assistance grantsgeneral.
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(b) * * *
(3) * * *
(i) Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal Awards
under 2 CFR part 200;
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Subpart F—Awards, Monitoring, and
Enforcement of Agreements
[Amended]
24. Amend § 61.61(a) by removing
‘‘VA common grant rules at 38 CFR
parts 43 and 49 and the OMB Circulars,
including those cited in § 61.66.’’ and
adding in its place ‘‘Uniform
Administrative Requirements, Cost
■
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§ 61.66
*
Financial management.
(a) All recipients must comply with
applicable requirements of the Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards under 2 CFR part 200.
(b) All entities receiving assistance
under this part must use a financial
management system that follows
generally accepted accounting
principles and meets the requirements
set forth under 2 CFR part 200. All
recipients must implement the
requirements of 2 CFR part 200 when
determining costs reimbursable under
all awards issued under this part.
(Authority: 38 U.S.C. 501)
§ 61.67
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26. Amend § 61.67:
a. In paragraph (c) by removing ‘‘38
CFR 49.32’’ and adding in its place ‘‘2
CFR part 200’’.
■ b. In paragraph (f) by removing ‘‘38
CFR 49.34’’ and adding in its place ‘‘2
CFR part 200’’.
■
■
27. The authority citation for part 62
continues to read as follows:
■
Authority: 38 U.S.C. 501, 2044, and as
noted in specific sections.
28. Amend § 62.70:
a. By revising paragraph (a).
b. In paragraph (b) by removing ‘‘OMB
Circular A–110, Subpart C, Section 21
(codified at 2 CFR 215.21) and 38 CFR
49.21.’’ and adding in its place ‘‘2 CFR
part 200.’’.
■ c. In paragraph (c) by removing ‘‘OMB
Circular A–122, Cost Principles for NonProfit Organizations, codified at 2 CFR
part 235.’’ and adding in its place ‘‘2
CFR part 200.’’.
The revision reads as follows:
■
■
■
§ 62.70 Financial management and
administrative costs.
(a) Grantees must comply with
applicable requirements of the Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards under 2 CFR part 200.
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PART 64—GRANTS FOR THE RURAL
VETERANS COORDINATION PILOT
(RVCP)
29. The authority citation for part 64
continues to read as follows:
■
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Authority: 38 U.S.C. 501, 523 note.
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30. Amend § 64.14 by revising
paragraph (b)(2) to read as follows:
§ 64.14
RVCP grant agreement.
*
*
*
*
(b) * * *
(2) Abide by the Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards under 2 CFR part 200,
and 2 CFR parts 25 and 170, if
applicable.
*
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[FR Doc. 2015–17416 Filed 7–21–15; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2014–0354; FRL–9930–84]
[Amended]
PART 62—SUPPORTIVE SERVICES
FOR VETERANS FAMILIES PROGRAM
■
§ 61.61
Principles, and Audit Requirements for
Federal Awards under 2 CFR part 200.’’.
■ 25. Revise § 61.66 to read as follows:
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Sedaxane; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of sedaxane as a
seed treatment for cotton, undelinted
seed; cotton, gin byproducts; and beet,
sugar. Syngenta Crop Protection, LLC
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective July
22, 2015. Objections and requests for
hearings must be received on or before
September 21, 2015, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2014–0354, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
SUMMARY:
E:\FR\FM\22JYR1.SGM
22JYR1
]]>Agencies
[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Rules and Regulations]
[Pages 43320-43323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17416]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 17, 39, 48, 49, 51, 52, 53, 59, 61, 62, and 64
RIN 2900-AP22
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards; Updating References
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulations with updated citations and references to Office of
Management and Budget (OMB) authorities for Federal grant programs. OMB
has issued final guidance, located in Title 2 of the Code of Federal
Regulations (CFR), which streamlines and supersedes requirements
previously found in various OMB Circulars. VA has adopted OMB's
guidance, and this rule replaces the obsolete OMB references in VA's
regulations.
DATES: This final rule is effective July 22, 2015.
FOR FURTHER INFORMATION CONTACT: Brian McCarthy, Office of Regulatory
and Administrative Affairs (10B4), Veterans Health Administration,
Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC
20420, (202) 461-6345. (This is not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: The Office of Management and Budget (OMB) is
streamlining the Federal government's guidance on Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
awards. In a document published in the Federal Register on December 26,
2013 (78 FR 78590), OMB adopted final guidance, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards (Uniform Guidance), that supersedes and streamlines requirements
from OMB Circulars A-21, A-87, A-110, and A-122 (which have been placed
in OMB guidances); Circulars A-89, A-102, and A-133; and the guidance
in Circular A-50 on Single Audit Act follow-up. The final guidance is
located in title 2 of the Code of Federal Regulations (CFR).
On December 19, 2014, OMB published a joint interim final rule in
the Federal Register (79 FR 75871). OMB made technical corrections to
the Uniform Guidance, and Federal awarding agencies, including VA,
implemented the guidance in their respective chapters of title 2 of the
CFR. VA amended title 2 of the CFR to add part 802. Section 802.101 of
title 2 CFR now provides, ``The Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards set forth in
2 CFR part 200 shall apply to the Department of Veterans Affairs.'' VA
also removed parts 41 and 43 from title 38 CFR. Those parts codified
OMB Circulars that were superseded by the Uniform Guidance.
Because of these changes, existing references in VA's regulations
to the superseded OMB guidance documents and to parts 41 and 43 are
obsolete. Accordingly, we are amending various VA regulations located
in 38 CFR parts 17, 39, 48, 51, 52, 53, 59, 61, 62, and 64 to replace
the obsolete references with references to the current authority. For
the same reason, we are removing part 49 of title 38 CFR, which
codified OMB Circular A-110, and amending VA's regulations referencing
part 49 to reference 2 CFR part 200 instead.
Administrative Procedure Act
The Secretary of Veterans Affairs finds there is good cause under
the provisions of 5 U.S.C. 553(b)(B) and (d)(3) to publish this rule
without prior
[[Page 43321]]
opportunity for public comment and with an immediate effective date.
This rule does not amend the substantive content of the regulations
cited. We are merely making technical revisions to replace obsolete OMB
references and citations in existing VA regulations because 2 CFR part
200, which VA is adopting, supersedes OMB's previous guidance. We are
also deleting existing references to parts 41 and 43 of 38 CFR, which
were removed from 38 CFR by the interim final rule published on
December 19, 2014 (79 FR 75871), and removing part 49 of title 38 CFR
and existing references to part 49, which codified OMB guidance that
was superseded by the Uniform Guidance. Because these changes are
merely technical, advance notice and public comment are unnecessary and
we find good cause to make these necessary changes effective
immediately upon publication.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action,'' which requires review by OMB, unless
OMB waives such review, as ``any regulatory action that is likely to
result in a rule that may: (1) Have an annual effect on the economy of
$100 million or more or adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.''
The economic, interagency, budgetary, legal, and policy
implications of this regulatory action have been examined, and it has
been determined not to be a significant regulatory action under
Executive Order 12866. VA's impact analysis can be found as a
supporting document at https://www.regulations.gov, usually within 48
hours after the rulemaking document is published. Additionally, a copy
of the rulemaking and its impact analysis are available on VA's Web
site at https://www.va.gov/orpm/, by following the link for ``VA
Regulations Published From FY 2004 Through Fiscal Year to Date.''
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-
612) because the amendments are merely technical in nature. Therefore,
pursuant to 5 U.S.C. 605(b), this final rule is exempt from the final
regulatory flexibility analysis requirements of section 604.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This final rule will have no such effect on
State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers and titles for
the programs affected by this document are 64.005, Grants to States for
Construction of State Home Facilities; 64.024, VA Homeless Providers
Grant and Per Diem Program; 64.026, Veterans State Adult Day Health
Care; 64.033, VA Supportive Services for Veteran Families Program;
64.034, VA Assistance to United States Paralympic Integrated Adaptive
Sports Program; 64.037, VA U.S. Paralympics Monthly Assistance
Allowance Program; 64.038, Grants for the Rural Veterans Coordination
Pilot; 64.100, Automobiles and Adaptive Equipment for Certain Disabled
Veterans and Members of the Armed Forces; 64.201, National Cemeteries;
and 64.203, State Cemetery Grants.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Robert L.
Nabors II, Chief of Staff, Department of Veterans Affairs, approved
this document on July 7, 2015, for publication.
List of Subjects
38 CFR Part 17
Administrative practice and procedure, Grant programs--health,
Grant programs--veterans, Health care, Health facilities, Nursing
homes, Reporting and recordkeeping requirements, Travel and
transportation expenses, Veterans.
38 CFR Part 39
Cemeteries, Grant programs--veterans, Veterans.
38 CFR Part 48
Administrative practice and procedure, Drug abuse, Grant programs,
Loan programs, Reporting and recordkeeping requirements.
38 CFR Part 49
Uniform Administrative Requirements for Grants and Agreements.
38 CFR Parts 51 and 52
Administrative practice and procedure, Day care, Grant programs--
health, Grant programs--veterans, Health care, Health facilities,
Nursing homes, Reporting and recordkeeping requirements, Veterans.
38 CFR Part 53
Administrative practice and procedure, Grant programs--health,
Grant programs--veterans, Health care, Health facilities, Health
professions, Nursing homes, Reporting and recordkeeping requirements,
Scholarships and fellowships, Veterans.
38 CFR Part 59
Administrative practice and procedure, Day care, Grant programs--
health, Grant programs--veterans, Health care, Health facilities,
Nursing homes, Reporting and recordkeeping requirements, Veterans.
38 CFR Part 61
Administrative practice and procedure, Alcohol abuse, Alcoholism,
Drug abuse, Grant programs--health, Grant programs--veterans, Health
care, Health facilities, Homeless, Mental
[[Page 43322]]
health programs, Reporting and recordkeeping requirements, Travel and
transportation expenses, Veterans.
38 CFR Part 62
Administrative practice and procedure, Claims, Grant programs--
health, Grant programs--social services, Grant programs--
transportation, Grant programs--veterans, Grants--housing and community
development, Heath care, Homeless, Housing, Housing assistance
payments, Indian--lands, Individuals with disabilities, Low and
moderate income housing, Manpower training program, Medicare, Medicaid,
Public assistance programs, Public housing, Relocation assistance, Rent
subsidies, Reporting and recordkeeping requirements, Rural areas,
Social security, Supplemental security income (SSI), Travel and
transportation expenses, Unemployment compensation, Veterans.
38 CFR Part 64
Administrative practice and procedure, Disability benefits, Claims,
Grant programs--health, Grant programs--veterans, Health care, Health
records, Reporting and recordkeeping requirements, Veterans.
Dated: July 13, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy & Management, Office of
the General Counsel, Department of Veterans Affairs.
For the reasons set forth in the preamble, VA amends 38 CFR parts
17, 39, 48, 49, 51, 52, 53, 59, 61, 62, and 64 as follows:
PART 17--MEDICAL
0
1. The authority citation for part 17 continues to read as follows:
Authority: 38 U.S.C. 501, and as noted in specific sections.
Sec. 17.200 [Amended]
0
2. Amend Sec. 17.200 by removing ``Single Audit Act of 1984 (part 41
of this chapter).'' and adding in its place ``Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards under 2 CFR part 200.''.
0
3. Amend Sec. 17.715 by revising paragraph (b) to read as follows:
Sec. 17.715 Grant Agreements.
* * * * *
(b) Additional requirements. Grantees and identified subrecipients
are subject to the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards under 2 CFR part
200, and subject to 2 CFR parts 25 and 170, if applicable.
* * * * *
PART 39--AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR
OPERATION AND MAINTENANCE OF VETERANS CEMETERIES
Subpart B--Establishment, Expansion, and Improvement Projects
0
4. The authority citation for part 39 continues to read as follows:
Authority: 25 U.S.C. 450b(1); 38 U.S.C. 101, 501, 2408, 2411,
3765.
Sec. 39.31 [Amended]
0
5. Amend Sec. 39.31(c)(6) by removing ``parts 180 and 801 and 38 CFR
part 43'' and adding in its place ``parts 180, 200, and 801''.
Sec. 39.32 [Amended]
0
6. Amend Sec. 39.32 introductory text by removing ``the provisions of
Office of Management and Budget (OMB) Circular No. A-87.'' and removing
``OMB Circular No. A-102, Revised.'' and adding in each place ``2 CFR
part 200.''.
Subpart C--Operation and Maintenance Projects
Sec. 39.81 [Amended]
0
7. Amend Sec. 39.81(d)(2) by removing ``parts 180 and 801 and 38 CFR
part 43'' and adding in its place ``parts 180, 200, and 801''.
Sec. 39.82 [Amended]
0
8. Amend Sec. 39.82:
0
a. In paragraph (a)(2), by removing ``the provisions of OMB Circular
No. A-87'' and adding in its place ``2 CFR part 200''.
0
b. In paragraph (a)(3), by removing ``OMB Circular No. A-102,
Revised.'' and adding in its place ``2 CFR part 200.''.
Subpart D--Grant Recipient Responsibilities, Inspections, and
Reports Following Project Completion
Sec. 39.122 [Amended]
0
9. Amend Sec. 39.122(a) by removing ``(see Part 41 of this chapter)''.
PART 48--GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE
(FINANCIAL ASSISTANCE)
Subpart F--Definitions
0
10. The authority citation for part 48 continues to read as follows:
Authority: 41 U.S.C. 701, et seq.; 38 U.S.C 501.
Sec. 48.605 [Amended]
0
11. Amend Sec. 48.605(a)(2) by removing ``the Governmentwide rule 38
CFR part 43 that implements OMB Circular A-102 (for availability, see 5
CFR 1310.3) and specifies uniform administrative requirements.'' and
adding in its place ``2 CFR part 200.''.
PART 49--[REMOVED]
0
12. Under the authority of 38 U.S.C. 501, remove part 49.
PART 51--PER DIEM FOR NURSING HOME CARE OF VETERANS IN STATE HOMES
Subpart C--Per Diem Payments
0
13. The authority citation for part 51 continues to read as follows:
Authority: 38 U.S.C. 101, 501, 1710, 1720, 1741-1743, and as
stated in specific sections.
Sec. 51.43 [Amended]
0
14. Amend Sec. 51.43(e) by removing ``the Office of Management and
Budget (OMB) Circular number A-87, dated May 4, 1995, ``Cost Principles
for State, Local, and Indian Tribal Governments.'' '' and adding in its
place ``2 CFR part 200.''.
PART 52--PER DIEM FOR ADULT DAY HEALTH CARE OF VETERANS IN STATE
HOMES
Subpart C--Per Diem Payments
0
15. The authority citation for part 52 continues to read as follows:
Authority: 38 U.S.C. 101, 501, 1741-1743, unless otherwise
noted.
Sec. 52.40 [Amended]
0
16. Amend Sec. 52.40(b) by removing ``the Office of Management and
Budget (OMB) Circular number A-87, dated May 4, 1995, ``Cost Principles
for State, Local, and Indian Tribal Governments'' (OMB Circulars are
available at the addresses in 5 CFR 1310.3).'' and adding in its place
``2 CFR part 200.''.
PART 53--PAYMENTS TO STATES FOR PROGRAMS TO PROMOTE THE HIRING AND
RETENTION OF NURSES AT STATE VETERANS HOMES
0
17. The authority citation for part 53 continues to read as follows:
Authority: 38 U.S.C. 101, 501, 1744.
Sec. 53.31 [Amended]
0
18. Amend Sec. 53.31(b) by removing ``Single Audit Act of 1984 (see 38
CFR
[[Page 43323]]
part 41)'' and adding in its place ``Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards under 2 CFR part 200''.
PART 59--GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE
HOMES
0
19. The authority citation for part 59 continues to read as follows:
Authority: 38 U.S.C. 101, 501, 1710, 1742, 8105, 8131-8137.
Sec. 59.124 [Amended]
0
20. Amend Sec. 59.124(a) by removing ``Single Audit Act of 1984 (see
part 41 of this chapter)'' and adding in its place ``Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards under 2 CFR part 200''.
PART 61--VA HOMELESS PROVIDERS GRANT AND PER DIEM PROGRAM
0
21. The authority citation for part 61 continues to read as follows:
Authority: 38 U.S.C. 501, 2001, 2002, 2011, 2012, 2061, 2064.
Subpart B--Capital Grants
Sec. 61.16 [Amended]
0
22. Amend Sec. 61.16(a) by removing ``OMB Circular A-122 as codified
at 2 CFR part 230.'' and adding in its place ``the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards under 2 CFR part 200.''.
Subpart E--Technical Assistance Grants
0
23. Amend Sec. 61.50 by revising paragraph (b)(3)(i) to read as
follows:
Sec. 61.50 Technical assistance grants- general.
* * * * *
(b) * * *
(3) * * *
(i) Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards under 2 CFR part 200;
* * * * *
Subpart F--Awards, Monitoring, and Enforcement of Agreements
Sec. 61.61 [Amended]
0
24. Amend Sec. 61.61(a) by removing ``VA common grant rules at 38 CFR
parts 43 and 49 and the OMB Circulars, including those cited in Sec.
61.66.'' and adding in its place ``Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards under 2 CFR
part 200.''.
0
25. Revise Sec. 61.66 to read as follows:
Sec. 61.66 Financial management.
(a) All recipients must comply with applicable requirements of the
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards under 2 CFR part 200.
(b) All entities receiving assistance under this part must use a
financial management system that follows generally accepted accounting
principles and meets the requirements set forth under 2 CFR part 200.
All recipients must implement the requirements of 2 CFR part 200 when
determining costs reimbursable under all awards issued under this part.
(Authority: 38 U.S.C. 501)
Sec. 61.67 [Amended]
0
26. Amend Sec. 61.67:
0
a. In paragraph (c) by removing ``38 CFR 49.32'' and adding in its
place ``2 CFR part 200''.
0
b. In paragraph (f) by removing ``38 CFR 49.34'' and adding in its
place ``2 CFR part 200''.
PART 62--SUPPORTIVE SERVICES FOR VETERANS FAMILIES PROGRAM
0
27. The authority citation for part 62 continues to read as follows:
Authority: 38 U.S.C. 501, 2044, and as noted in specific
sections.
0
28. Amend Sec. 62.70:
0
a. By revising paragraph (a).
0
b. In paragraph (b) by removing ``OMB Circular A-110, Subpart C,
Section 21 (codified at 2 CFR 215.21) and 38 CFR 49.21.'' and adding in
its place ``2 CFR part 200.''.
0
c. In paragraph (c) by removing ``OMB Circular A-122, Cost Principles
for Non-Profit Organizations, codified at 2 CFR part 235.'' and adding
in its place ``2 CFR part 200.''.
The revision reads as follows:
Sec. 62.70 Financial management and administrative costs.
(a) Grantees must comply with applicable requirements of the
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards under 2 CFR part 200.
* * * * *
PART 64--GRANTS FOR THE RURAL VETERANS COORDINATION PILOT (RVCP)
0
29. The authority citation for part 64 continues to read as follows:
Authority: 38 U.S.C. 501, 523 note.
0
30. Amend Sec. 64.14 by revising paragraph (b)(2) to read as follows:
Sec. 64.14 RVCP grant agreement.
* * * * *
(b) * * *
(2) Abide by the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards under 2 CFR part
200, and 2 CFR parts 25 and 170, if applicable.
* * * * *
[FR Doc. 2015-17416 Filed 7-21-15; 8:45 am]
BILLING CODE 8320-01-P
