Health and Human Services Grants Regulation, 53562 [2021-20753]

Download as PDF 53562 Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this authorization, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. The EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of this action in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). ‘‘Burden’’ is defined at 5 CFR 1320.3(b). Executive Order 12898 (59 FR 7629, February 16, 1994), as amended by Executive Order 14008 (86 FR 7619, February 1, 2021), establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. Because this action authorizes preexisting state rules which are at least equivalent to, and no less stringent than existing Federal requirements, and imposes no additional requirements beyond those imposed by state law, and there are no anticipated significant adverse human health or environmental effects, this authorization is not subject to Executive Order 12898. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, and the VerDate Sep<11>2014 15:51 Sep 27, 2021 Jkt 253001 Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Authority: This action is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). Dated: September 1, 2021. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2021–19986 Filed 9–27–21; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 75 RIN 0991–AC16 Health and Human Services Grants Regulation Assistant Secretary for Financial Resources (ASFR), Health and Human Services (HHS or the Department). ACTION: Notification; postponement of effectiveness. AGENCY: The U.S. District Court for the District of Columbia in Facing Foster Care et al. v. HHS, 21–cv–00308 (D.D.C. Feb. 2, 2021), has postponed the effective date of portions of the final rule making amendments to the Uniform Administrative Requirements, promulgated on January 12, 2021. DATES: Pursuant to court order, the effectiveness of the final rule published January 12, 2021, at 86 FR 2257, is postponed until November 9, 2021. See SUPPLEMENTARY INFORMATION for details. FOR FURTHER INFORMATION CONTACT: Johanna Nestor at Johanna.Nestor@ hhs.gov or 202–205–5904. SUPPLEMENTARY INFORMATION: On January 12, 2021, the Department issued amendments to and repromulgated portions of the Uniform Administrative Requirements, 45 CFR part 75 (86 FR 2257). That rule repromulgated provisions of part 75 that were originally published late in 2016. It also made amendments to 45 CFR 75.300(c) and (d). Specifically, the rule amended paragraph (c), which had stated, ‘‘It is a SUMMARY: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 public policy requirement of HHS that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation. Recipients must comply with this public policy requirement in the administration of programs supported by HHS awards.’’ The rule amended paragraph (c) to state, ‘‘It is a public policy requirement of HHS that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services, to the extent doing so is prohibited by federal statute.’’ Additionally, the rule amended paragraph (d), which had stated, ‘‘In accordance with the Supreme Court decisions in United States v. Windsor and in Obergefell v. Hodges, all recipients must treat as valid the marriages of same-sex couples. This does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under state law as something other than a marriage.’’ The rule amended paragraph (d) to state, ‘‘HHS will follow all applicable Supreme Court decisions in administering its award programs.’’ On February 2, the portions of rulemaking amendments to § 75.300 (and a conforming amendment at § 75.101(f)) were challenged in the U.S. District Court for the District of Columbia. Facing Foster Care et al. v. HHS, 21–cv–00308 (D.D.C. filed Feb. 2, 2021). On February 9, the court postponed, pursuant to 5 U.S.C. 705, the effective date of the challenged portions of the rule by 180 days, until August 11, 2021.1 On August 5, the court further postponed the effective date of the rule until November 9, 2021.2 The Department is issuing this document to apprise the public of the court’s order. Xavier Becerra, Secretary. [FR Doc. 2021–20753 Filed 9–27–21; 8:45 am] BILLING CODE 4151–19–P 1 See Order, Facing Foster Care et al. v. HHS, No. 21–cv–00308 (D.D.C. Feb. 2, 2021) (order postponing effective date), ECF No. 18. 2 See Order, Facing Foster Care et al. v. HHS, No. 21–cv–00308 (D.D.C. Aug. 5, 2021) (order postponing effective date), ECF No. 23. E:\FR\FM\28SER1.SGM 28SER1

Agencies

[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Page 53562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20753]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 75

RIN 0991-AC16


Health and Human Services Grants Regulation

AGENCY: Assistant Secretary for Financial Resources (ASFR), Health and 
Human Services (HHS or the Department).

ACTION: Notification; postponement of effectiveness.

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SUMMARY: The U.S. District Court for the District of Columbia in Facing 
Foster Care et al. v. HHS, 21-cv-00308 (D.D.C. Feb. 2, 2021), has 
postponed the effective date of portions of the final rule making 
amendments to the Uniform Administrative Requirements, promulgated on 
January 12, 2021.

DATES: Pursuant to court order, the effectiveness of the final rule 
published January 12, 2021, at 86 FR 2257, is postponed until November 
9, 2021. See SUPPLEMENTARY INFORMATION for details.

FOR FURTHER INFORMATION CONTACT: Johanna Nestor at 
[email protected] or 202-205-5904.

SUPPLEMENTARY INFORMATION: On January 12, 2021, the Department issued 
amendments to and repromulgated portions of the Uniform Administrative 
Requirements, 45 CFR part 75 (86 FR 2257). That rule repromulgated 
provisions of part 75 that were originally published late in 2016. It 
also made amendments to 45 CFR 75.300(c) and (d).
    Specifically, the rule amended paragraph (c), which had stated, 
``It is a public policy requirement of HHS that no person otherwise 
eligible will be excluded from participation in, denied the benefits 
of, or subjected to discrimination in the administration of HHS 
programs and services based on non-merit factors such as age, 
disability, sex, race, color, national origin, religion, gender 
identity, or sexual orientation. Recipients must comply with this 
public policy requirement in the administration of programs supported 
by HHS awards.'' The rule amended paragraph (c) to state, ``It is a 
public policy requirement of HHS that no person otherwise eligible will 
be excluded from participation in, denied the benefits of, or subjected 
to discrimination in the administration of HHS programs and services, 
to the extent doing so is prohibited by federal statute.''
    Additionally, the rule amended paragraph (d), which had stated, 
``In accordance with the Supreme Court decisions in United States v. 
Windsor and in Obergefell v. Hodges, all recipients must treat as valid 
the marriages of same-sex couples. This does not apply to registered 
domestic partnerships, civil unions or similar formal relationships 
recognized under state law as something other than a marriage.'' The 
rule amended paragraph (d) to state, ``HHS will follow all applicable 
Supreme Court decisions in administering its award programs.''
    On February 2, the portions of rulemaking amendments to Sec.  
75.300 (and a conforming amendment at Sec.  75.101(f)) were challenged 
in the U.S. District Court for the District of Columbia. Facing Foster 
Care et al. v. HHS, 21-cv-00308 (D.D.C. filed Feb. 2, 2021). On 
February 9, the court postponed, pursuant to 5 U.S.C. 705, the 
effective date of the challenged portions of the rule by 180 days, 
until August 11, 2021.\1\ On August 5, the court further postponed the 
effective date of the rule until November 9, 2021.\2\ The Department is 
issuing this document to apprise the public of the court's order.
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    \1\ See Order, Facing Foster Care et al. v. HHS, No. 21-cv-00308 
(D.D.C. Feb. 2, 2021) (order postponing effective date), ECF No. 18.
    \2\ See Order, Facing Foster Care et al. v. HHS, No. 21-cv-00308 
(D.D.C. Aug. 5, 2021) (order postponing effective date), ECF No. 23.

Xavier Becerra,
Secretary.
[FR Doc. 2021-20753 Filed 9-27-21; 8:45 am]
BILLING CODE 4151-19-P
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