Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Updating References, 43320-43323 [2015-17416]

Download as PDF 43320 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 Lhorne on DSK7TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 15:06 Jul 21, 2015 Jkt 235001 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: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 E:\FR\FM\22JYR1.SGM 22JYR1 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations Lhorne on DSK7TPTVN1PROD with RULES 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 VerDate Sep<11>2014 15:06 Jul 21, 2015 Jkt 235001 43321 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. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 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 E:\FR\FM\22JYR1.SGM 22JYR1 43322 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations 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.’’. ■ 3. Amend § 17.715 by revising paragraph (b) to read as follows: Lhorne on DSK7TPTVN1PROD with RULES ■ Grant Agreements. * * * * * (b) Additional requirements. Grantees and identified subrecipients are subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards VerDate Sep<11>2014 15:06 Jul 21, 2015 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: Jkt 235001 § 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. ■ 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.’’. ■ ■ 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. * * * * * [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 ■ Subpart F—Definitions § 53.31 ■ 10. The authority citation for part 48 continues to read as follows: ■ PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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 ■ E:\FR\FM\22JYR1.SGM 22JYR1 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations 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. * * * * * (b) * * * (3) * * * (i) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR part 200; * * * * * Lhorne on DSK7TPTVN1PROD with RULES 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 ■ VerDate Sep<11>2014 15:06 Jul 21, 2015 ■ § 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 Jkt 235001 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. * * * * * PART 64—GRANTS FOR THE RURAL VETERANS COORDINATION PILOT (RVCP) 29. The authority citation for part 64 continues to read as follows: ■ PO 00000 Authority: 38 U.S.C. 501, 523 note. Frm 00023 Fmt 4700 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. * * * * * [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: 43323 Sfmt 4700 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

DEPARTMENT OF VETERANS AFFAIRS

[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.

-----------------------------------------------------------------------

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

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